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MIXER INVENTOR EARLY POSTER CHILD FOR INTELLECTUAL PROPERTY LAWS


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The National Ready Mixed Concrete Association announced last month the American Road & Transportation Builders Association's selection of 1943-44 NRMCA Chairman Stephen Stepanian as one of the Top 100 Private Sector Transportation Construction Professionals.

Stepanian's 1916 vision of a truck-mounted, revolving drum mixer, notes NRMCA President Robert Garbini, “was the single greatest innovation for concrete construction during the 20th century. His genius and foresight have led to what is now the most recognizable piece of specialty equipment in construction. Thanks to our former chairman, more than 70,000 mixer trucks travel every day throughout the concrete, making concrete the foundation of the nation.”

By modern intellectual property standards, Stepanian appears to be the victim of an uncharitable decision by a patent office examiner. Stepanian's experience was perhaps best relayed by fellow Ohioan James Nicholson, president of Toledo's Nicholson Concrete Co., in the April 1954 issue of Concrete Products:

Three years after the first delivery of ready mixed in 1913, for which concrete was hauled in a dump truck from a central mixing plant in Baltimore, Stepanian filed the first truck mixer patent application. When his Columbus, Ohio, associates showed a lack of interest in manufacturing the invention, he partnered with Milwaukee-based Koehring Mixer Co. to build a full-scale model. The first mixer coming off the line was so heavy that the truck on which it was to be mounted was taxed to both support and move the unit, even before adding a pound of concrete. The failure of truck manufacturers at the time to develop suitable heavy-duty chassis presented a severe obstacle, leading to the abandonment of the project.

Indeed, Stepanian's patent claims were never granted. In April 1917, his application was tentatively rejected by the patent office examiner on the following grounds: “There is no patentable combination between a ‘motor vehicle’ and the other elements of each of the claims at bar as neither affects nor modifies the function of the other. It is also not new to mount a mixer with its operating engine on a vehicle, said vehicle also being driven by said engine.” The examiner then quoted two previous patents, dating from 1895 and 1905, as proof of his contentions.

As there were no motor trucks in 1895 or 1905, the examiner's reference was to steam-engine-driven concrete mixers that could be moved about on the job site under their own power. Such units arguably did not begin to approach the conception of a mixer truck capable of mixing and transporting concrete in a single operation. Nevertheless, the examiner maintained his position in spite of numerous revisions of the patent specifications, finally rejecting the patent application in November 1919. (Stepanian went on to establish Arrow Concrete Co., which continues to serve the Columbus market).

Even a cursory review of Stepanian's original design reveals that his unit embodied most horizontal drum truck mixer features. The mixing drum mounted on a pivotable bearing behind the cab and on two rollers at the other end is a common configuration. The device included a separate water tank with a gauge to permit addition of water to the mix at any time. The mixer design also featured a swinging discharge chute that provided for folding. Accordingly, James Nicholson concluded that the inventor never received the royalties and profits that were his due. Stepanian was finally accorded recognition, however, at the 1954 annual convention of NRMCA, which named him honorary lifetime member to a standing ovation of thousands.

Fifty years later, we follow NRMCA and ARTBA's lead in tipping our hat to Steve Stepanian for a landmark contribution.


e-mail: dmarsh@primediabusiness.com

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