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 .
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.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 36 and 37 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kawamura et al. (6,729,831).
Regarding claim 1, Kawamura et al. discloses a mobile apparatus comprising:
A main frame (1) with displacing means (2), a rotating sub frame (4) rotatably connected to the main frame(1), such that the sub frame is rotatable around a rotation axis (S) relative to the main frame, and a working arm (10,11B,12B,13) connected to the sub frame (4) (Figure 13)
Wherein the sub frame (4) is provided with a standing or seating position (6) for an operator, said working arm comprising at least two arm ((10 and 11B) and (12B and 13)) segments
Wherein a first arm segment (10, 11B) of the at least two arm segments is pivotally connected to the sub frame (4) around a pivot point located at a distance in front of the rotation axis (Figure 13)
Wherein the first arm segment (10,11B) and the sub frame (4) are configured such that the first arm segment (10,11B) can be moved rearwards onto the sub frame (4) in the direction of the rotation axis to a rearward position in which the first segment extends over the rotation axis (Figure 13 shows first segment moved rearwardly. Pivot 15 would allow the upper portion 11B of the first segment to be directly in line with the rotation axis. It is noted however, that the segment 10 that extends rearwardly past the rotation axis could be considered to be extending “past” the rotation axis. If applicant is intending for this language to encompass intersection with the rotation axis, it needs to be clarified)
Wherein the sub frame is configured to be locked to the first arm segment when the first arm segment is in said rearward position (avoiding actuation of the hydraulic cylinders used for actuating the first arm segment effectively “locks” the first arm segment with respect to the sub frame)
Wherein the seating or standing position is arranged adjacent to one or more components (24) of the sub frame
Wherein the one or more components comprise one or more energy storage components (24) arranged left and/or right besides the standing or seating position (Figure 15 shows engine (24) to the side of the seated position)
Allowable Subject Matter
Claims 1-4, 6-10, 12, 14-15, 21, 23-27 are allowed.
Response to Arguments
Applicant's arguments filed 2/10/2026 have been fully considered but they are not persuasive. Regarding claim 36, applicants argument regarding the limitation “configured to be locked” is not persuasive. Applicant argues that the phrase, “configured to be locked” implies a specific, dedicated structural mechanism for positively securing the arm to the sub frame. The hydraulic cylinder of Kawamura reads on this limitation. The hydraulic cylinder, absent actuation, is a dedicated structural mechanism that locks the arm with respect to the sub frame. In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., a dedicated locking mechanism) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). Further structure regarding the locking mechanism is required to read over the hydraulic cylinder of Kawamura that locks the arm in position. The hydraulic cylinder of Kawamura is “configured to lock” the arm with respect to the sub frame. Further structure is required to read over the Kawamura reference.
Regarding claim 37, applicant argues that Kawamura fails to disclose arranging an energy storage component on the left or right side of the seated/standing position. Figure 15 of Kawamura clearly shows the engine (24) located to the left or right of the seat. It is located fore/aft, but it also located left/right. Further structure is required to overcome the Kawamura reference.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/JAMIE L MCGOWAN/Primary Examiner, Art Unit 3671