DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-11, 13-20 are rejected under 35 U.S.C. 103 as being unpatentable over Beji (9,079,756) in view of Bean et al. (2005/0224439) hereinafter Bean, and further in view of Ogawa et al. (2014/0054254) hereinafter Ogawa.
Beji discloses:
Claim 1: A self-propelled aerial work platform comprising:
- a chassis (Fig. 1; 2) having a longitudinal axis along which the chassis is able to move on the ground in a forward direction and in a backward direction opposite to the forward direction (Fig. 1; F3),
- a work platform (Fig. 1; 7),
- a lifting structure (Fig. 1; 51) mounted on the chassis and supporting the work platform, the lifting structure comprising:
a turret (Fig. 1; 5) mounted so as to pivot about a vertical axis on the chassis (Fig. 1; 5, Col. 3, Lines 35-37); and
a mechanism (Fig. 1; 100) mounted on the turret and configured to lift the work platform (Fig. 1; Col. 4, Lines 45-49),
- a control console (Fig. 1; 200) mounted on the work platform either fixedly or with an orientation fixed with respect to the work platform (Fig. 1; 200, Col. 4, Lines 50-51), the control console being configured to allow an operator onboard the work platform:
to control the lifting structure to move the platform to a working position at a height (Fig. 1; Col. 4, Lines 52-57), and
to selectively move the chassis on the ground in the forward direction and the backward direction (Fig. 1; Col. 4, Lines 52-57),
- a display device mounted onboard the work platform (Fig. 2; 202, Col. 4, Lines 64-67),
Beji fails to disclose the azimuthal direction.
However, Bean discloses the azimuthal direction (Fig. 3; Para. [0030]).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to modify the measurement of the direction of Beji to include the azimuthal direction, as taught by Bean, with a reasonable expectation of success because it would more accurately define the angle of the boom relative to gravity.
Beji also fails to disclose:
- a visual signalling system configured to inform the operator at the control console of the direction of movement of the chassis on the ground selected at the control console from the forward and backward directions by activating on the display device at least one visual indication to indicate the direction of movement of the chassis on the ground selected at the control console from the forward and backward directions, and
- at least one sensor by means of which the visual signalling system determines a direction of the chassis with respect to the display device, wherein the visual signalling system is configured so that when the forward direction of movement of the chassis on the ground is selected at the control console, the at least one visual indication:
- is located on a side corresponding to the forward direction of movement of the chassis on the ground on a display of the direction of the chassis with respect to the display device, or
- has a form oriented in the direction of the chassis with respect to the display device and points in the direction corresponding to the forward direction of movement of the chassis on the ground, and
wherein the visual signalling system is configured so that when the backward direction of movement of the chassis on the ground is selected at the control console, the at least one visual indication:
- is located on a side corresponding to the backward direction of movement of the chassis on the ground on a display of the direction of the chassis with respect to the display device, or
- has a form oriented in the direction of the chassis with respect to the display device and points in the direction corresponding to the backward direction of movement of the chassis on the ground.
However, Ogawa discloses - a visual signalling system configured to inform the operator at the control console of the direction of movement of the chassis on the ground selected at the control console from the forward and backward directions by activating on the display device at least one visual indication to indicate the direction of movement of the chassis on the ground selected at the control console from the forward and backward directions (Fig. 4; 50,50a, Para. [0084-0085]), and
- at least one sensor (Para. [0090]) by means of which the visual signalling system determines a direction of the chassis with respect to the display device, wherein the visual signalling system is configured so that when the forward direction of movement of the chassis on the ground is selected at the control console (Para. [0090]), the at least one visual indication:
- is located on a side corresponding to the forward direction of movement of the chassis on the ground on a display of the direction of the chassis with respect to the display device (Fig. 4; 50,50a, Para. [0084-0085]), or
- has a form oriented in the direction of the chassis with respect to the display device and points in the direction corresponding to the forward direction of movement of the chassis on the ground (Fig. 4; 50,50a, Para. [0084-0085]), and
wherein the visual signalling system is configured so that when the backward direction of movement of the chassis on the ground is selected at the control console, the at least one visual indication:
- is located on a side corresponding to the backward direction of movement of the chassis on the ground on a display of the direction of the chassis with respect to the display device (Fig. 4; 50,50a, Para. [0084-0085]), or
- has a form oriented in the direction of the chassis with respect to the display device and points in the direction corresponding to the backward direction of movement of the chassis on the ground (Fig. 4; 50,50a, Para. [0084-0085]).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to modify the display device of Beji to include the visual signalling system, as taught by Ogawa, with a reasonable expectation of success because it would allow a graphical display of the intended movement of a piece of equipment making the operator aware prior to movement (Para. [0015]).
Claim 2: Beji, Bean and Ogawa disclose the aerial work platform according to claim 1, wherein the visual signalling system is configured to display on the display device a graphical representation:
- of the chassis oriented in the azimuthal direction (Bean - Fig. 3; Para. [0030]) of the chassis with respect to the display device (Beji - Fig. 2-3; 203 modified with Ogawa Fig. 4; 50,50a), or
- of the chassis oriented in the azimuthal direction (Bean - Fig. 3; Para. [0030]) of the chassis with respect to the display device and of at least one of the work platform and the control console both oriented in their azimuthal direction (Bean - Fig. 3; Para. [0030]) with respect to the display device (Beji - Fig. 2-3; 203 modified with Ogawa Fig. 4; 50,50a).
Claim 4: Beji discloses the aerial work platform according to claim 1, wherein the display device is fixed to the control console (Fig. 2; 202, Col. 4, Lines 62-67).
Claim 3: Beji discloses the aerial work platform according to claim 1, wherein the visual signalling system is further configured to inactivate on the display device the at least one visual indication when the corresponding direction of movement of the chassis on the ground ceases to be selected at the control console (Fig. 2-3; 201/203, Col. 4, Lines 62-67 and Col. 5, Lines 1-14, when 201 is deactivated, the display will stop).
Claim 5: Beji and Ogawa disclose the aerial work platform according to claims 1, wherein:
- the control console comprises at least one member actuatable by the operator in order to selectively move the chassis on the ground in the forward direction and in the backward direction (Beji - Col. 4, Lines 52-57 – a joystick for controlling movement is described), and
- the work platform or the control console comprises a validation member that can be actuated by the operator (Beji - Fig. 2; 201, Col. 4, Lines 62-64),
wherein the aerial work platform is configured to inhibit the movement of the chassis on the ground according to the actuation or absence of actuation of the validation member, the visual signalling system being configured to indicate the direction of movement selected at the at least one control member by activation of the at least one visual indication despite the inhibition of the movement of the chassis on the ground (Beji - Fig. 2-3; 203 modified with Ogawa Fig. 4; 50,50a).
Claim 6: Beji discloses the aerial work platform according to claim 1, wherein the work platform is mounted on the end of an arm (Fig. 1; 64) of the lifting structure, the work platform being articulated on the arm with the possibility of pivoting about a horizontal axis and about a vertical axis (Fig. 1; Col. 4, Lines 45-49).
Claim 7: Beji discloses a self-propelled aerial work platform comprising:
- a chassis (Fig. 1; 2) having a longitudinal axis along which the chassis is able to move on the ground in a forward direction and in a backward direction opposite to the forward direction (Fig. 1; F3),
- a work platform (Fig. 1; 7),
- a lifting structure (Fig. 1; 51) mounted on the chassis and supporting the work platform,
- a control console (Fig. 1; 200) freely movable by an operator during use of the aerial work platform (Fig. 1; Col. 4, Lines 52-57), the control console being configured to allow an operator:
to control the lifting structure in order to move the platform to a working position at a height (Fig. 1; Col. 4, Lines 52-57), and
to selectively move the chassis on the ground in the forward direction and the backward direction (Fig. 1; Col. 4, Lines 52-57),
- a display device fixed to the control console (Fig. 2; 202, Col. 4, Lines 64-67),
Beji fails to disclose the azimuthal direction.
However, Bean discloses the azimuthal direction (Fig. 3; Para. [0030]).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to modify the measurement of the direction of Beji to include the azimuthal direction, as taught by Bean, with a reasonable expectation of success because it would more accurately define the angle of the boom relative to gravity.
Beji also fails to disclose:
- a visual signalling system configured to inform the operator at the control console of the direction of movement of the chassis on the ground selected at the control console from the forward and backward directions by activating on the display device at least one visual indication to indicate the direction of movement of the chassis on the ground selected at the control console from the forward and backward directions, and
- at least one sensor by means of which the visual signalling system determines a direction of the chassis with respect to the display device, wherein the visual signalling system is configured so that when the forward direction of movement of the chassis on the ground is selected at the control console, the at least one visual indication:
- is located on a side corresponding to the forward direction of movement of the chassis on the ground on a display of the direction of the chassis with respect to the display device, or
- has a form oriented in the direction of the chassis with respect to the display device and points in the direction corresponding to the forward direction of movement of the chassis on the ground, and
wherein the visual signalling system is configured so that when the backward direction of movement of the chassis on the ground is selected at the control console, the at least one visual indication:
- is located on a side corresponding to the backward direction of movement of the chassis on the ground on a display of the direction of the chassis with respect to the display device, or
- has a form oriented in the direction of the chassis with respect to the display device and points in the direction corresponding to the backward direction of movement of the chassis on the ground.
However, Ogawa discloses - a visual signalling system configured to inform the operator at the control console of the direction of movement of the chassis on the ground selected at the control console from the forward and backward directions by activating on the display device at least one visual indication to indicate the direction of movement of the chassis on the ground selected at the control console from the forward and backward directions (Fig. 4; 50,50a, Para. [0084-0085]), and
- at least one sensor (Para. [0090]) by means of which the visual signalling system determines a direction of the chassis with respect to the display device, wherein the visual signalling system is configured so that when the forward direction of movement of the chassis on the ground is selected at the control console (Para. [0090]), the at least one visual indication:
- is located on a side corresponding to the forward direction of movement of the chassis on the ground on a display of the direction of the chassis with respect to the display device (Fig. 4; 50,50a, Para. [0084-0085]), or
- has a form oriented in the direction of the chassis with respect to the display device and points in the direction corresponding to the forward direction of movement of the chassis on the ground (Fig. 4; 50,50a, Para. [0084-0085]), and
wherein the visual signalling system is configured so that when the backward direction of movement of the chassis on the ground is selected at the control console, the at least one visual indication:
- is located on a side corresponding to the backward direction of movement of the chassis on the ground on a display of the direction of the chassis with respect to the display device (Fig. 4; 50,50a, Para. [0084-0085]), or
- has a form oriented in the direction of the chassis with respect to the display device and points in the direction corresponding to the backward direction of movement of the chassis on the ground (Fig. 4; 50,50a, Para. [0084-0085]).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to modify the display device of Beji to include the visual signalling system, as taught by Ogawa, with a reasonable expectation of success because it would allow a graphical display of the intended movement of a piece of equipment making the operator aware prior to movement (Para. [0015]).
Claim 8: Beji discloses the aerial work platform according to claim 7, but fails to disclose wherein the control console is designed to be attached removably at various places on a guardrail of the work platform.
While Beji fails to specifically disclose wherein the control console is designed to be attached removably at various places on a guardrail of the work platform, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to make the console separable from the platform, since it has been held that if it would be desirable to make a feature separable then it would be obvious to do so. The examiner contends it would be desirable to make the console separable for many reasons such as, allowing the operator to position the console in the most desired position for operation, or storing the console when not in use. See MPEP 2144.04(V)(C) – Making Separable.
Claim 9: Beji, Bean and Ogawa disclose the aerial work platform according to claim 7, wherein the visual signalling system is configured to display on the display device a graphical representation:
- of the chassis oriented in the azimuthal direction (Bean - Fig. 3; Para. [0030]) of the chassis with respect to the display device (Beji - Fig. 2-3; 203 modified with Ogawa Fig. 4; 50,50a), or
- of the chassis oriented in the azimuthal direction (Bean - Fig. 3; Para. [0030]) of the chassis with respect to the display device and of at least one of the work platform and the control console both oriented in their azimuthal direction (Bean - Fig. 3; Para. [0030]) with respect to the display device (Beji - Fig. 2-3; 203 modified with Ogawa Fig. 4; 50,50a).
Claim 10: Beji discloses the aerial work platform according to claim 7, wherein the visual signalling system is further configured to inactivate on the display device the at least one visual indication when the corresponding direction of movement of the chassis on the ground ceases to be selected at the control console (Fig. 2-3; 201/203, Col. 4, Lines 62-67 and Col. 5, Lines 1-14, when 201 is deactivated, the display will stop).
Claim 11: Beji discloses the aerial work platform according to claim 7, wherein the orientation of the work platform is fixed with respect to the chassis (Fig. 1; the orientation of 7 is fixed to 2 via the limitations of 6).
Claim 13: Beji and Ogawa disclose the aerial work platform according to claim 7, wherein:
- the control console comprises at least one member actuatable by the operator in order to selectively move the chassis on the ground in the forward direction and in the backward direction (Beji - Col. 4, Lines 52-57 – a joystick for controlling movement is described), and
- the work platform or the control console comprises a validation member that can be actuated by the operator (Beji - Fig. 2; 201, Col. 4, Lines 62-64),
wherein the aerial work platform is configured to inhibit the movement of the chassis on the ground according to the actuation or absence of actuation of the validation member, the visual signalling system being configured to indicate the direction of movement selected at the at least one control member by activation of the at least one visual indication despite the inhibition of the movement of the chassis on the ground (Beji - Fig. 2-3; 203 modified with Ogawa Fig. 4; 50,50a).
Claim 14: Beji discloses a self-propelled aerial work platform comprising:
- a chassis (Fig. 1; 2) having a longitudinal axis along which the chassis is able to move on the ground in a forward direction and in a backward direction opposite to the forward direction (Fig. 1; F3),
- a work platform (Fig. 1; 7),
- a lifting structure (Fig. 1; 51) mounted on the chassis and supporting the work platform,
- a control console (Fig. 1; 200) which is configured to:
control the lifting structure in order to move the platform to a working position at a height (Fig. 1; Col. 4, Lines 52-57), and
to selectively move the chassis on the ground in the forward direction and the backward direction (Fig. 1; Col. 4, Lines 52-57),
Beji fails to disclose the azimuthal direction.
However, Bean discloses the azimuthal direction (Fig. 3; Para. [0030]).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to modify the measurement of the direction of Beji to include the azimuthal direction, as taught by Bean, with a reasonable expectation of success because it would more accurately define the angle of the boom relative to gravity.
Beji also fails to disclose:
- a visual signalling system configured to inform the operator at the control console of the direction of movement of the chassis on the ground selected at the control console from the forward and backward directions by activating on the display device at least one visual indication to indicate the direction of movement of the chassis on the ground selected at the control console from the forward and backward directions, and
- at least one sensor by means of which the visual signalling system determines a direction of the chassis with respect to the display device, wherein the visual signalling system is configured so that when the forward direction of movement of the chassis on the ground is selected at the control console, the at least one visual indication:
- is located on a side corresponding to the forward direction of movement of the chassis on the ground on a display of the direction of the chassis with respect to the display device, or
- has a form oriented in the direction of the chassis with respect to the display device and points in the direction corresponding to the forward direction of movement of the chassis on the ground, and
wherein the visual signalling system is configured so that when the backward direction of movement of the chassis on the ground is selected at the control console, the at least one visual indication:
- is located on a side corresponding to the backward direction of movement of the chassis on the ground on a display of the direction of the chassis with respect to the display device, or
- has a form oriented in the direction of the chassis with respect to the display device and points in the direction corresponding to the backward direction of movement of the chassis on the ground.
However, Ogawa discloses - a visual signalling system configured to inform the operator at the control console of the direction of movement of the chassis on the ground selected at the control console from the forward and backward directions by activating on the display device at least one visual indication to indicate the direction of movement of the chassis on the ground selected at the control console from the forward and backward directions (Fig. 4; 50,50a, Para. [0084-0085]), and
- at least one sensor (Para. [0090]) by means of which the visual signalling system determines a direction of the chassis with respect to the display device, wherein the visual signalling system is configured so that when the forward direction of movement of the chassis on the ground is selected at the control console (Para. [0090]), the at least one visual indication:
- is located on a side corresponding to the forward direction of movement of the chassis on the ground on a display of the direction of the chassis with respect to the display device (Fig. 4; 50,50a, Para. [0084-0085]), or
- has a form oriented in the direction of the chassis with respect to the display device and points in the direction corresponding to the forward direction of movement of the chassis on the ground (Fig. 4; 50,50a, Para. [0084-0085]), and
wherein the visual signalling system is configured so that when the backward direction of movement of the chassis on the ground is selected at the control console, the at least one visual indication:
- is located on a side corresponding to the backward direction of movement of the chassis on the ground on a display of the direction of the chassis with respect to the display device (Fig. 4; 50,50a, Para. [0084-0085]), or
- has a form oriented in the direction of the chassis with respect to the display device and points in the direction corresponding to the backward direction of movement of the chassis on the ground (Fig. 4; 50,50a, Para. [0084-0085]).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to modify the display device of Beji to include the visual signalling system, as taught by Ogawa, with a reasonable expectation of success because it would allow a graphical display of the intended movement of a piece of equipment making the operator aware prior to movement (Para. [0015]).
Claim 15: Beji, Bean and Ogawa disclose the aerial work platform according to claim 14, wherein the visual signalling system is configured to display on the display device a graphical representation;
- of the chassis oriented in the azimuthal direction (Bean - Fig. 3; Para. [0030]) of the chassis with respect to the display device (Beji - Fig. 2-3; 203 modified with Ogawa Fig. 4; 50,50a), or
- of the chassis oriented in the azimuthal direction (Bean - Fig. 3; Para. [0030]) of the chassis with respect to the display device and of at least one of the work platform and the control console both oriented in their azimuthal direction (Bean - Fig. 3; Para. [0030]) with respect to the display device (Beji - Fig. 2-3; 203 modified with Ogawa Fig. 4; 50,50a).
Claim 16: Beji discloses the aerial work platform according to claim 15, wherein the visual signalling system is further configured to inactivate on the display device the at least one visual indication when the corresponding direction of movement of the chassis on the ground ceases to be selected at the control console (Fig. 2-3; 201/203, Col. 4, Lines 62-67 and Col. 5, Lines 1-14, when 201 is deactivated, the display will stop).
Claim 17: Beji, Bean and Ogawa disclose the aerial work platform according to claim 14, wherein the display device is fixed to the control console (Beji - Fig. 2; 202 is part of 200, Col. 4, Lines 64-67) and the azimuthal direction (Bean - Fig. 3; Para. [0030]) of the chassis with respect to the control console is able to vary during use of the aerial work platform (Beji - Fig. 2-3; 203 modified with Ogawa Fig. 4; 50,50a).
Claim 18: Beji discloses the aerial work platform according to claim 15, wherein both the control console and the display device are mounted onboard the work platform (Fig. 2; 202 is part of 200, Col. 4, Lines 50-67).
Claim 19: Beji discloses the aerial work platform according to claim 18, wherein the control console is mounted either fixedly on the work platform (Fig. 2; 200, Col. 4, Lines 50-51) or with an orientation fixed with respect to the work platform.
Claim 20: Beji and Ogawa disclose the aerial work platform according to claim 14, wherein:
- the control console comprises at least one member actuatable by the operator in order to selectively move the chassis on the ground in the forward direction and in the backward direction (Beji - Col. 4, Lines 52-57 – a joystick for controlling movement is described), and
- the work platform or the control console comprises a validation member that can be actuated by the operator (Beji - Fig. 2; 201, Col. 4, Lines 62-64),
wherein the aerial work platform is configured to inhibit the movement of the chassis on the ground according to the actuation or absence of actuation of the validation member, the visual signalling system being configured to indicate the direction of movement selected at the at least one control member by activation of the at least one visual indication despite the inhibition of the movement of the chassis on the ground (Beji - Fig. 2-3; 203 modified with Ogawa Fig. 4; 50,50a).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Beji (9,079,756) in view of Bean et al. (2005/0224439) hereinafter Bean, and further in view of Ogawa et al. (2014/0054254) hereinafter Ogawa, and still further in view of Callaghan et al. (2005/0187712) hereinafter Callaghan.
Claim 12: Beji discloses the aerial work platform according to claim 11, but fails to disclose wherein the lifting structure is a scissor mechanism.
However, Callaghan discloses a lifting structure being a scissor mechanism (Fig. 1; 5).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to modify the visual assistance system of Beji to be incorporated on the scissor lift mechanism, as taught by Callaghan, with a reasonable expectation of success because it would allow an operator to safely control the scissor lift from an elevated position.
Response to Arguments
Applicant’s arguments with respect to claims 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Kathleen M. McFarland whose telephone number is (571)272-9139. The examiner can normally be reached Monday-Friday 8:00am-4:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Mattei can be reached at (571) 270-3238. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Kathleen M. McFarland/Examiner, Art Unit 3635
Kathleen M. McFarland
Examiner
Art Unit 3635
/BRIAN D MATTEI/Supervisory Patent Examiner, Art Unit 3635