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 .
DETAILED ACTION
In view of the APPEAL BRIEF filed on 2026/04/23, PROSECUTION IS HEREBY REOPENED. A new ground of rejection is set forth below.
To avoid abandonment of the application, appellant must exercise one of the following two options:
(1) file a reply under 37 CFR 1.111 (if this Office action is non-final) or a reply under 37 CFR 1.113 (if this Office action is final); or,
(2) initiate a new appeal by filing a notice of appeal under 37 CFR 41.31 followed by an appeal brief under 37 CFR 41.37. The previously paid notice of appeal fee and appeal brief fee can be applied to the new appeal. If, however, the appeal fees set forth in 37 CFR 41.20 have been increased since they were previously paid, then appellant must pay the difference between the increased fees and the amount previously paid.
A Supervisory Patent Examiner (SPE) has approved of reopening prosecution by signing below:
/SAUL RODRIGUEZ/Supervisory Patent Examiner, Art Unit 3652
Claim Rejections - 35 USC § 102
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 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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Applicant has provided evidence in this file showing that the claimed invention and the subject matter disclosed in the prior art reference were owned by, or subject to an obligation of assignment to, the same entity as Hager et al. (US 10718098 B1) not later than the effective filing date of the claimed invention, or the subject matter disclosed in the prior art reference was developed and the claimed invention was made by, or on behalf of one or more parties to a joint research agreement in effect not later than the effective filing date of the claimed invention. However, although reference Hager et al. (US 10718098 B1) has been excepted as prior art under 35 U.S.C. 102(a)(2), it is still applicable as prior art under 35 U.S.C. 102(a)(1) that cannot be excepted under 35 U.S.C. 102(b)(2)(C).
Applicant may rely on the exception under 35 U.S.C. 102(b)(1)(A) to overcome this rejection under 35 U.S.C. 102(a)(1) by a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application, and is therefore not prior art under 35 U.S.C. 102(a)(1). Alternatively, applicant may rely on the exception under 35 U.S.C. 102(b)(1)(B) by providing evidence of a prior public disclosure via an affidavit or declaration under 37 CFR 1.130(b).
Claim(s) 1-14, and 16-20 is/are rejected under 35 U.S.C. 102(a)(1) as being Anticipated by Hager et al. (US 10718098 B1).
Regarding Claim 1, Hager discloses:
a compact utility loader (100 & 400) comprising:
a chassis (102 & 402) carrying a prime mover (104) [Column 14 Lines 34-67], the chassis including left and right sides (Fig. 4 & Fig. 15);
a track frame comprising ground engaging members (116), wherein the track frame is operatively attached to the chassis, wherein at least one of the ground engaging members is powered by the prime mover to propel the chassis over a ground surface [Column 6 Lines 50-67 & Column 14 Lines 34-67];
a control console (120) located at or near a rear end of the chassis (Fig. 1 & Fig. 2 & Fig. 3 & Fig. 4 & Fig. 11 & Fig. 15) [Column 14 Lines 34-67], the control console carrying controls adapted to be manipulated by an operator [Column 7 Lines 10-27 & Column 7 Lines 57-65 & Column 8 Lines 18-32 & Column 9 Lines 47-61 & Column 11 Lines 1-67 & Column 12 Lines 1-18 & Column 14 Lines 34-67] either: standing on a platform mounted near the rear end of the chassis; or walking behind the chassis (Fig. 1 & Fig. 2 & Fig. 3 & Fig. 4 & Fig. 5 & Fig. 6 & Fig. 7 & Fig. 15);
a lift arm assembly (110a & 110b & 410) movably attached to at least one of the left and right sides of the chassis (Fig. 1 & Fig. 2 & Fig. 3 & Fig. 15), wherein the prime mover is positioned on the chassis at a location lateral to the lift arm assembly (Fig. 15), wherein the lift arm assembly is adapted to move at least between a first position and a second position different than the first position (Fig. 1 & Fig. 2 & Fig. 3) [Column 14 Lines 34-67], wherein the lift arm assembly comprises:
an elongate rear lift arm (150a & 150b & 450) including a front end and a rear end, wherein the rear end of the rear lift arm is pivotally attached to the chassis at a transverse lift arm pivot axis (Fig. 1 & Fig. 2 & Fig. 3 & Fig. 15);
an elongate front lift arm (152a & 152b & 452) also including a front end and a rear end, wherein the rear end of the front lift arm is telescopingly engaged with the front end of the rear lift arm such that a distance between the rear end of the rear lift arm and the front end of the front lift arm is variable [Abstract & Column 8 Lines 62-67 & Column 9 Lines 1-67 & Column 10 Lines 1-38 & Column 14 Lines 34-67], wherein the elongate front lift arm comprises a connection point adapted to receive a tool assembly (Fig. 1 & Fig. 2 & Fig. 3 & Fig. 15); and
an extension actuator (154a & 154b) adapted to extend or retract the front lift arm relative to the rear lift arm [Abstract & Column 8 Lines 62-67 & Column 9 Lines 1-67 & Column 10 Lines 1-38 & Column 14 Lines 34-67]; and
a controller (502) adapted to move the lift arm assembly such that the connection point moves in only a direction normal to the ground surface when moving between the first and second positions [Column 4 Lines 56-67 & Column 8 Lines 39-61 & Column 9 Lines 47-61 & Column 10 Lines 46-57 & Column 11 Lines 37-67 & Column 12 Lines 1-67 & Column 13 Lines 1-67 & Column 14 Lines 1-33 & Column 14 Lines 34-67] (Fig. 6) [the controller limits the moment about the front of the track by limiting the position of the bucket pivot joint longitudinal position related to the front of the track (H) and as the goal of the extendable arm is to provide the greatest possible reach of the arm and the controller is capable of controlling extension of the arm while pivoting of the arm is controlled by operator input the extension of the arm would be controlled to operate within the limit of the maximum bucket pivot joint longitudinal position related to the front of the track (H) and therefore necessarily move only in a direction normal to the ground surface when moving between the first and second positions].
Regarding Claim 2, Hager discloses:
wherein the extension actuator extends outward to the first position and then the connection point moves vertically to the second position [Abstract & Column 8 Lines 62-67 & Column 9 Lines 1-67 & Column 10 Lines 1-38 & Column 14 Lines 34-67].
Regarding Claim 3, Hager discloses:
the lift arm assembly further comprises:
a lift actuator (112a & 112b) attached between the elongate rear lift arm and the chassis, wherein the lift actuator is adapted to extend or retract to pivot the elongate rear lift arm relative to the chassis (Fig. 1 & Fig. 2 & Fig. 3),
wherein the extension actuator extends or retracts at the same time as the lift actuator extends or retracts to move the connection point along a direction normal to the ground surface between the first and second positions [Column 8 Lines 39-61 & Column 9 Lines 47-61] (Fig. 6).
Regarding Claim 4, Hager discloses:
the controller is adapted to restrict operator extension of the extension actuator [Column 11 Lines 37-67 & Column 12 Lines 1-67 & Column 13 Lines 1-67 & Column 14 Lines 1-33].
Regarding Claim 5, Hager discloses:
the lift arm assembly is configurable in a synchronized mode and a manual mode, wherein the controller is adapted to move the lift arm assembly from the first position to the second position when in the synchronized mode [Column 8 Lines 39-61 & Column 9 Lines 47-61 & Column 11 Lines 37-67 & Column 12 Lines 1-67 & Column 13 Lines 1-67 & Column 14 Lines 1-33].
Regarding Claim 6, Hager discloses:
the ground engaging members has a ground engagement contact pad with a width of 60 inches or less [Column 5 Lines 23-42].
Regarding Claim 7, Hager discloses:
a compact utility loader (100 & 400) comprising:
a chassis (102 & 402) carrying a prime mover (104) [Column 14 Lines 34-67], the chassis including left and right sides (Fig. 4 & Fig. 15);
a track frame comprising ground engaging members (116), wherein the track frame is operatively attached to the chassis, wherein at least one of the ground engaging members is powered by the prime mover to propel the chassis over a ground surface [Column 6 Lines 50-67 & Column 14 Lines 34-67];
a control console (120) located at or near a rear end of the chassis (Fig. 1 & Fig. 2 & Fig. 3 & Fig. 4 & Fig. 11 & Fig. 15) [Column 14 Lines 34-67], the control console carrying controls adapted to be manipulated by an operator [Column 7 Lines 10-27 & Column 7 Lines 57-65 & Column 8 Lines 18-32 & Column 9 Lines 47-61 & Column 11 Lines 1-67 & Column 12 Lines 1-18 & Column 14 Lines 34-67] either: standing on a platform mounted near the rear end of the chassis; or walking behind the chassis (Fig. 1 & Fig. 2 & Fig. 3 & Fig. 4 & Fig. 5 & Fig. 6 & Fig. 7 & Fig. 15);
a lift arm assembly (110a & 110b & 410) movably attached to at least one of the left and right sides of the chassis (Fig. 1 & Fig. 2 & Fig. 3 & Fig. 15), wherein the prime mover is positioned on the chassis at a location lateral to the lift arm assembly (Fig. 15), wherein the lift arm assembly comprises:
an elongate rear lift arm (150a & 150b & 450) including a front end and a rear end, wherein the rear end of the rear lift arm is pivotally attached to the chassis at a transverse lift arm pivot axis (Fig. 1 & Fig. 2 & Fig. 3); and
a lift actuator (112a & 112b) attached between the elongate rear lift arm and the chassis, wherein the lift actuator is adapted to extend or retract to pivot the elongate rear lift arm relative to the chassis (Fig. 1 & Fig. 2 & Fig. 3) [Column 14 Lines 34-67];
an elongate front lift arm (152a & 152b & 452) also including a front end and a rear end, wherein the rear end of the front lift arm is telescopingly engaged with the front end of the rear lift arm such that a distance between the rear end of the rear lift arm and the front end of the front lift arm is variable [Abstract & Column 8 Lines 62-67 & Column 9 Lines 1-67 & Column 10 Lines 1-38 & Column 14 Lines 34-67], wherein the elongate front lift arm comprises a connection point adapted to receive a tool assembly (Fig. 1 & Fig. 2 & Fig. 3); and
an extension actuator (154a & 154b) adapted to extend or retract the front lift arm relative to the rear lift arm [Column 14 Lines 34-67]; and
a controller (502) adapted to extend or retract the extension actuator in concert with movement of the lift actuator to maintain movement of the connection point along a predetermined path [Column 4 Lines 56-67 & Column 8 Lines 39-61 & Column 9 Lines 47-61 & Column 10 Lines 46-57 & Column 11 Lines 37-67 & Column 12 Lines 1-67 & Column 13 Lines 1-67 & Column 14 Lines 1-33 & Column 14 Lines 34-67] (Fig. 6) [the controller limits the moment about the front of the track by limiting the position of the bucket pivot joint longitudinal position related to the front of the track (H) and as the goal of the extendable arm is to provide the greatest possible reach of the arm and the controller is capable of controlling extension of the arm while pivoting of the arm is controlled by operator input the extension of the arm would be controlled to operate within the limit of the maximum bucket pivot joint longitudinal position related to the front of the track (H) and therefore necessarily move only in a direction normal to the ground surface when moving between the first and second positions and therefore along a predetermined path as a result of the weight of the bucket].
Regarding Claim 8, Hager discloses:
extension actuator extends when the lift actuator extends to maintain movement of the connection point along a direction normal to the ground surface [Column 8 Lines 39-61 & Column 9 Lines 47-61 & Column 11 Lines 37-67 & Column 12 Lines 1-67 & Column 13 Lines 1-67 & Column 14 Lines 1-33] (Fig. 6).
Regarding Claim 9, Hager discloses:
extension actuator retracts when the lift actuator retracts to maintain movement of the connection point along a direction normal to the ground surface [Column 8 Lines 39-61 & Column 9 Lines 47-61 & Column 11 Lines 37-67 & Column 12 Lines 1-67 & Column 13 Lines 1-67 & Column 14 Lines 1-33] (Fig. 6).
Regarding Claim 10, Hager discloses:
extension actuator extends when the lift actuator retracts to maintain movement of the connection point along a direction normal to the ground surface [Column 8 Lines 39-61 & Column 9 Lines 47-61 & Column 11 Lines 37-67 & Column 12 Lines 1-67 & Column 13 Lines 1-67 & Column 14 Lines 1-33] (Fig. 6).
Regarding Claim 11, Hager discloses:
extension actuator retracts when the lift actuator extends to maintain movement of the connection point along a direction normal to the ground surface [Column 8 Lines 39-61 & Column 9 Lines 47-61 & Column 11 Lines 37-67 & Column 12 Lines 1-67 & Column 13 Lines 1-67 & Column 14 Lines 1-33] (Fig. 6).
Regarding Claim 12, Hager discloses:
the extension actuator extends prior to maintaining movement of the connection point along the predetermined path [Column 8 Lines 39-61 & Column 9 Lines 47-61 & Column 11 Lines 37-67 & Column 12 Lines 1-67 & Column 13 Lines 1-67 & Column 14 Lines 1-33] (Fig. 6).
Regarding Claim 13, Hager discloses:
the lift arm assembly is configurable in a synchronized mode and a manual mode, wherein the controller is adapted to move each of the lift actuator and the extension actuator such that the connection point maintains movement along the predetermined path when in the synchronized mode [Column 8 Lines 39-61 & Column 9 Lines 47-61 & Column 11 Lines 37-67 & Column 12 Lines 1-67 & Column 13 Lines 1-67 & Column 14 Lines 1-33].
Regarding Claim 14, Hager discloses:
the ground engaging members has a ground engagement contact pad with a width of 60 inches or less [Column 5 Lines 23-42].
Regarding Claim 16, Hager discloses:
a method of moving a lift arm assembly (110a & 110b) of a compact utility loader (100), the method comprising:
providing the compact utility loader, wherein the compact utility loader comprises:
a chassis (102 & 402) carrying a prime mover (104) [Column 14 Lines 34-67], the chassis including left and right sides (Fig. 4 & Fig. 15);
a track frame comprising ground engaging members (116), wherein the track frame is operatively attached to the chassis, wherein at least one of the ground engaging members is powered by the prime mover to propel the chassis over a ground surface [Column 6 Lines 50-67 & Column 14 Lines 34-67];
a control console (120) located at or near a rear end of the chassis (Fig. 1 & Fig. 2 & Fig. 3 & Fig. 4 & Fig. 11 & Fig. 15) [Column 14 Lines 34-67], the control console carrying controls adapted to be manipulated by an operator [Column 7 Lines 10-27 & Column 7 Lines 57-65 & Column 8 Lines 18-32 & Column 9 Lines 47-61 & Column 11 Lines 1-67 & Column 12 Lines 1-18 & Column 14 Lines 34-67] either: standing on a platform mounted near the rear end of the chassis; or walking behind the chassis (Fig. 1 & Fig. 2 & Fig. 3 & Fig. 4 & Fig. 5 & Fig. 6 & Fig. 7 & Fig. 15);
a lift arm assembly (110a & 110b & 410) attached to at least one of the left and right sides of the chassis (Fig. 1 & Fig. 2 & Fig. 3 & Fig. 15), wherein the prime mover is positioned on the chassis at a location lateral to the lift arm assembly (Fig. 15), wherein the lift arm assembly comprises:
an elongate rear lift arm (150a & 150b & 450) including a front end and a rear end, wherein the rear end of the rear lift arm is pivotally attached to the chassis at a transverse lift arm pivot axis (Fig. 1 & Fig. 2 & Fig. 3); and
a lift actuator (112a & 112b) attached between the elongate rear lift arm and the chassis, wherein the lift actuator is adapted to extend or retract to pivot the elongate rear lift arm relative to the chassis (Fig. 1 & Fig. 2 & Fig. 3) [Column 14 Lines 34-67];
an elongate front lift arm (152a & 152b & 452) also including a front end and a rear end, wherein the rear end of the front lift arm is telescopingly engaged with the front end of the rear lift arm such that a distance between the rear end of the rear lift arm and the front end of the front lift arm is variable [Abstract & Column 8 Lines 62-67 & Column 9 Lines 1-67 & Column 10 Lines 1-38 & Column 14 Lines 34-67], wherein the elongate front lift arm comprises a connection point adapted to receive a tool assembly (Fig. 1 & Fig. 2 & Fig. 3); and
an extension actuator (154a & 154b) adapted to extend or retract the front lift arm relative to the rear lift arm [Column 14 Lines 34-67]; and
extending or retracting the lift actuator to move the elongate rear lift arm relative to the chassis (Fig. 1 & Fig. 2 & Fig. 3); and
automatically extending or retracting the extension actuator in concert with extending or retracting the lift actuator to maintain the connection point in a vertical plane [Column 4 Lines 56-67 & Column 8 Lines 39-61 & Column 9 Lines 47-61 & Column 10 Lines 46-57 & Column 11 Lines 37-67 & Column 12 Lines 1-67 & Column 13 Lines 1-67 & Column 14 Lines 1-33 & Column 14 Lines 34-67] (Fig. 6) [the controller limits the moment about the front of the track by limiting the position of the bucket pivot joint longitudinal position related to the front of the track (H) and as the goal of the extendable arm is to provide the greatest possible reach of the arm and the controller is capable of controlling extension of the arm while pivoting of the arm is controlled by operator input the extension of the arm would be controlled to operate within the limit of the maximum bucket pivot joint longitudinal position related to the front of the track (H) and therefore necessarily move only in a direction which maintains the connection point in a vertical plane].
Regarding Claim 17, Hager discloses:
positioning the connection point in the vertical plane prior to automatically extending or retracting the lift actuator and the extension actuator [Column 8 Lines 39-61 & Column 9 Lines 47-61 & Column 11 Lines 37-67 & Column 12 Lines 1-67 & Column 13 Lines 1-67 & Column 14 Lines 1-33] (Fig. 1 & Fig. 2 & Fig. 3 & Fig. 4 & Fig. 5 & Fig. 6).
Regarding Claim 18, Hager discloses:
positioning the connection point in the vertical plane comprises manually extending or retracting one or both of the lift actuator and the extension actuator [Column 8 Lines 39-61 & Column 9 Lines 47-61 & Column 11 Lines 37-67 & Column 12 Lines 1-67 & Column 13 Lines 1-67 & Column 14 Lines 1-33] (Fig. 1 & Fig. 2 & Fig. 3 & Fig. 4 & Fig. 5 & Fig. 6).
Regarding Claim 19, Hager discloses:
positioning the lift arm assembly along a generally horizontal plane relative to the ground surface prior to automatically extending or retracting the lift actuator and the extension actuator [Column 8 Lines 39-61 & Column 9 Lines 47-61 & Column 11 Lines 37-67 & Column 12 Lines 1-67 & Column 13 Lines 1-67 & Column 14 Lines 1-33] (Fig. 1 & Fig. 2 & Fig. 3 & Fig. 4 & Fig. 5 & Fig. 6).
Regarding Claim 20, Hager discloses:
restricting operator extension of the extension actuator [Column 11 Lines 37-67 & Column 12 Lines 1-67 & Column 13 Lines 1-67 & Column 14 Lines 1-33].
Claim Rejections - 35 USC § 103
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 of this title, 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.
Claim(s) 1-14 and 16-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nagatsuka et al. (EP 1081292 A1) in view of Rushton (US 20200277176 A1).
Regarding Claim 1, Nagatsuka teaches:
a compact utility loader (Fig. 6) comprising:
a chassis (1) carrying a prime mover (7), the chassis including left and right sides (Fig. 1);
ground engaging members (6) operatively attached to the chassis, wherein at least one of the ground engaging members is powered by the prime mover to propel the chassis over a ground surface [0026 & 0027];
a control console located at or near a rear end of the chassis, the control console carrying controls adapted to be manipulated by an operator [0033 & 0038 & 0039 & 0042 & 0048 & 0050 & 0051] either:
standing on a platform mounted near the rear end of the chassis (Fig. 6);
a lift arm assembly (25) movably attached to at least one of the left and right sides of the chassis (Fig. 1 & Fig. 2 & Fig. 3), wherein the lift arm assembly is adapted to move at least between a first position and a second position different than the first position [0026 & 0027 & 0028 & 0029 & 0034 & 0043 & 0052 & 0053 & 0054], wherein the lift arm assembly comprises:
an elongate rear lift arm (8) including a front end and a rear end, wherein the rear end of the rear lift arm is pivotally attached to the chassis at a transverse lift arm pivot axis (Fig. 6); and
an elongate front lift arm (10 & 12) also including a front end and a rear end, wherein the rear end of the front lift arm is telescopingly engaged with the front end of the rear lift arm such that a distance between the rear end of the rear lift arm and the front end of the front lift arm is variable [0027 & 0028 & 0029 & 0030 & 0031 & 0032 & 0033], wherein the elongate front lift arm comprises a connection point adapted to receive a tool assembly (11) [0028 & 0033 & 0034 & 0035 & 0036 & 0037 & 0038 & 0039 & 0040 & 0041 & 0042 & 0043 & 0044 & 0045 & 0046] (Fig. 6); and
an extension actuator (16) adapted to extend or retract the front lift arm relative to the rear lift arm [0029 & 0030 & 0031]; and
a controller adapted to move the lift arm assembly such that the connection point moves in only a direction (17) normal to the ground surface when moving between the first and second positions (Fig. 6) [0042 & 0045 & 0046 & 0047 & 0048 & 0049].
Nagatsuka does not teach:
the prime mover is positioned on the chassis at a location lateral to the lift arm assembly;
a track frame comprising ground engaging members, wherein the track frame is operatively attached to the chassis.
Rushton teaches:
A utility loader (1) comprising:
a chassis (2) carrying a prime mover (20 & M & 30), the chassis including left and right sides (S1 & S2) (Fig. 4);
a track frame comprising ground engaging members [0148 & 0257], wherein the track frame is operatively attached to the chassis [0148 & 0257], wherein at least one of the ground engaging members is powered by the prime mover to propel the chassis over a ground surface [0148 & 0257];
a control console (3) located at or near a rear end of the chassis (Fig. 1), the control console carrying controls adapted to be manipulated by an operator either: on a platform mounted near the rear end of the chassis [0147 & 0156];
a lift arm assembly (6 & 7) movably attached to at least one of the left and right sides of the chassis (Fig. 4), wherein the prime mover is positioned on the chassis at a location lateral to the lift arm assembly (Fig. 4), wherein the lift arm assembly is adapted to move at least between a first position and a second position different than the first position (Fig. 4) [0063 & 0072 & 0090 & 0160], and
wherein the lift arm assembly comprises:
an elongate rear lift arm (6) including a front end and a rear end (Fig. 1 & Fig. 2), wherein the rear end of the rear lift arm is pivotally attached to the chassis at a transverse lift arm pivot axis (Fig. 1) [0151];
an elongate front lift arm (7) also including a front end and a rear end [0151], wherein the rear end of the front lift arm is telescopingly engaged with the front end of the rear lift arm such that a distance between the rear end of the rear lift arm and the front end of the front lift arm is variable [0151], wherein the elongate front lift arm comprises a connection point (D) adapted to receive a tool assembly [0154 & 0155 & 0156]; and
an extension actuator (8) adapted to extend or retract the front lift arm relative to the rear lift arm [0151].
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 compact utility loader having a telescoping arm supported by a frame traveling on ground engaging members operatively attached to the chassis the telescoping arm movably attached to at least one of the left and right sides of the chassis and a prime mover for driving the ground engaging members positioned on the chassis taught by Nagatsuka with the compact utility loader having a telescoping arm supported by a chassis a track frame is operatively attached to the chassis the telescoping arm movably attached to at least one of the left and right sides of the chassis and a prime mover for driving the ground engaging members positioned on the chassis at a location lateral to the lift arm assembly taught by Rushton in order to provide a work machine having a drive system having increased traction and a lateral weight balance to enable the work machine to operate in more unstable environments.
Regarding Claim 2, Nagatsuka teaches:
wherein the extension actuator extends outward to the first position and then the connection point moves vertically to the second position [0029 & 0030 & 0031 & 0040 & 0041 & 0042 & 0045 & 0046 & 0047 & 0048 & 0049].
Regarding Claim 3, Nagatsuka teaches:
the lift arm assembly further comprises:
a lift actuator (9) attached between the elongate rear lift arm and the chassis (Fig. 6), wherein the lift actuator is adapted to extend or retract to pivot the elongate rear lift arm relative to the chassis (Fig. 6) [0027 & 0040 & 0041],
wherein the extension actuator extends or retracts at the same time as the lift actuator extends or retracts to move the connection point along a direction normal to the ground surface between the first and second positions (Fig. 6) [0040 & 0041 & 0042 & 0045 & 0046 & 0047 & 0048 & 0049].
Regarding Claim 4, Nagatsuka teaches:
the controller is adapted to restrict operator extension of the extension actuator [0039 & 0047 & 0048 & 0049].
Regarding Claim 5, Nagatsuka teaches:
the lift arm assembly is configurable in a synchronized mode and a manual mode, wherein the controller is adapted to move the lift arm assembly from the first position to the second position when in the synchronized mode [0039 & 0047 & 0048 & 0049 & 0050].
Regarding Claim 6, Nagatsuka does not explicitly teach:
the ground engaging members has a ground engagement contact pad with a width of 60 inches or less.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide ground engaging members with a ground engagement contact pad with a width of 60 inches or less in order to provide a work machine capable of traveling in narrow spaces to increase the utility of the construction machine, since it has been held that changing the size or proportions of an invention involves only routine skill in the art. In re Rose, 220 F.2d 459, 105 USPQ 237 (CCPA 1955) (referred to in MPEP 2144.04(IV)(A)).
Regarding Claim 7, Nagatsuka teaches:
a compact utility loader (Fig. 6) comprising:
a chassis (1) carrying a prime mover (7);
ground engaging members (6) operatively attached to the chassis, wherein at least one of the ground engaging members is powered by the prime mover to propel the chassis over a ground surface [0026 & 0027];
a control console located at or near a rear end of the chassis, the control console carrying controls adapted to be manipulated by an operator [0033 & 0038 & 0039 & 0042 & 0048 & 0050 & 0051] either:
standing on a platform mounted near the rear end of the chassis (Fig. 6);
a lift arm assembly (25) attached to the chassis (Fig. 6) [0026 & 0027 & 0028 & 0029 & 0034 & 0043 & 0052 & 0053 & 0054], wherein the lift arm assembly comprises:
an elongate rear lift arm (8) including a front end and a rear end, wherein the rear end of the rear lift arm is pivotally attached to the chassis at a transverse lift arm pivot axis (Fig. 6) [0026 & 0027 & 0028 & 0029 & 0034 & 0043 & 0052 & 0053 & 0054];
a lift actuator (9) attached between the elongate rear lift arm and the chassis (Fig. 6), wherein the lift actuator is adapted to extend or retract to pivot the elongate rear lift arm relative to the chassis [0027 & 0040 & 0041 & 0060];
an elongate front lift arm (10 & 12) also including a front end and a rear end, wherein the rear end of the front lift arm is telescopingly engaged with the front end of the rear lift arm such that a distance between the rear end of the rear lift arm and the front end of the front lift arm is variable [0027 & 0028 & 0029 & 0030 & 0031 & 0032 & 0033], wherein the elongate front lift arm comprises a connection point adapted to receive a tool assembly (11) [0028 & 0033 & 0034 & 0035 & 0036 & 0037 & 0038 & 0039 & 0040 & 0041 & 0042 & 0043 & 0044 & 0045 & 0046] (Fig. 6); and
an extension actuator (16) adapted to extend or retract the front lift arm relative to the rear lift arm [0029 & 0030 & 0031], and
a controller adapted to extend or retract the extension actuator in concert with movement of the lift actuator to maintain movement of the connection point along a predetermined path (Fig. 6) [0042 & 0045 & 0046 & 047 & 0048 & 0049].
Nagatsuka does not teach:
the prime mover is positioned on the chassis at a location lateral to the lift arm assembly;
a track frame comprising ground engaging members, wherein the track frame is operatively attached to the chassis.
Rushton teaches:
A utility loader (1) comprising:
a chassis (2) carrying a prime mover (20 & M & 30), the chassis including left and right sides (S1 & S2) (Fig. 4);
a track frame comprising ground engaging members [0148 & 0257], wherein the track frame is operatively attached to the chassis [0148 & 0257], wherein at least one of the ground engaging members is powered by the prime mover to propel the chassis over a ground surface [0148 & 0257];
a control console (3) located at or near a rear end of the chassis (Fig. 1), the control console carrying controls adapted to be manipulated by an operator either: on a platform mounted near the rear end of the chassis [0147 & 0156];
a lift arm assembly (6 & 7) movably attached to at least one of the left and right sides of the chassis (Fig. 4), wherein the prime mover is positioned on the chassis at a location lateral to the lift arm assembly (Fig. 4), wherein the lift arm assembly is adapted to move at least between a first position and a second position different than the first position (Fig. 4) [0063 & 0072 & 0090 & 0160], and
wherein the lift arm assembly comprises:
an elongate rear lift arm (6) including a front end and a rear end (Fig. 1 & Fig. 2), wherein the rear end of the rear lift arm is pivotally attached to the chassis at a transverse lift arm pivot axis (Fig. 1) [0151];
an elongate front lift arm (7) also including a front end and a rear end [0151], wherein the rear end of the front lift arm is telescopingly engaged with the front end of the rear lift arm such that a distance between the rear end of the rear lift arm and the front end of the front lift arm is variable [0151], wherein the elongate front lift arm comprises a connection point (D) adapted to receive a tool assembly [0154 & 0155 & 0156]; and
an extension actuator (8) adapted to extend or retract the front lift arm relative to the rear lift arm [0151].
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 compact utility loader having a telescoping arm supported by a frame traveling on ground engaging members operatively attached to the chassis the telescoping arm movably attached to at least one of the left and right sides of the chassis and a prime mover for driving the ground engaging members positioned on the chassis taught by Nagatsuka with the compact utility loader having a telescoping arm supported by a chassis a track frame is operatively attached to the chassis the telescoping arm movably attached to at least one of the left and right sides of the chassis and a prime mover for driving the ground engaging members positioned on the chassis at a location lateral to the lift arm assembly taught by Rushton in order to provide a work machine having a drive system having increased traction and a lateral weight balance to enable the work machine to operate in more unstable environments.
Regarding Claim 8, Nagatsuka teaches:
the extension actuator extends when the lift actuator extends to maintain movement of the connection point along a direction normal to the ground surface (Fig. 6) [0029 & 0030 & 0031 & 0040 & 0041 & 0042 & 0045 & 0046 & 0047 & 0048 & 0049].
Regarding Claim 9, Nagatsuka teaches:
the extension actuator retracts when the lift actuator retracts to maintain movement of the connection point along a direction normal to the ground surface (Fig. 6) [0029 & 0030 & 0031 & 0040 & 0041 & 0042 & 0045 & 0046 & 0047 & 0048 & 0049].
Regarding Claim 10, Nagatsuka teaches:
the extension actuator extends when the lift actuator retracts to maintain movement of the connection point along a direction normal to the ground surface (Fig. 6) [0029 & 0030 & 0031 & 0040 & 0041 & 0042 & 0045 & 0046 & 0047 & 0048 & 0049].
Regarding Claim 11, Nagatsuka teaches:
the extension actuator retracts when the lift actuator extends to maintain movement of the connection point along a direction normal to the ground surface (Fig. 6) [0029 & 0030 & 0031 & 0040 & 0041 & 0042 & 0045 & 0046 & 0047 & 0048 & 0049].
Regarding Claim 12, Nagatsuka teaches:
the extension actuator extends prior to maintaining movement of the connection point along the predetermined path (Fig. 6) [0029 & 0030 & 0031 & 0040 & 0041 & 0042 & 0045 & 0046 & 0047 & 0048 & 0049].
Regarding Claim 13, Nagatsuka teaches:
the lift arm assembly is configurable in a synchronized mode and a manual mode, wherein the controller is adapted to move each of the lift actuator and the extension actuator such that the connection point maintains movement along the predetermined path when in the synchronized mode (Fig. 6) [0029 & 0030 & 0031 & 0036 & & 0040 & 0041 & 0042 & 0045 & 0046 & 0047 & 0048 & 0049].
Regarding Claim 14, Nagatsuka does not explicitly teach:
the ground engaging members has a ground engagement contact pad with a width of 60 inches or less.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide ground engaging members with a ground engagement contact pad with a width of 60 inches or less in order to provide a work machine capable of traveling in narrow spaces to increase the utility of the construction machine, since it has been held that changing the size or proportions of an invention involves only routine skill in the art. In re Rose, 220 F.2d 459, 105 USPQ 237 (CCPA 1955) (referred to in MPEP 2144.04(IV)(A)).
Regarding Claim 16, Nagatsuka teaches:
A method of moving a lift arm assembly of a compact utility loader, the method comprising:
providing the compact utility loader (Fig. 6), wherein the compact utility loader comprises:
a chassis (1) carrying a prime mover (7);
ground engaging members (6) operatively attached to the chassis, wherein at least one of the ground engaging members is powered by the prime mover to propel the chassis over a ground surface [0026 & 0027];
a control console located at or near a rear end of the chassis, the control console carrying controls adapted to be manipulated by an operator [0033 & 0038 & 0039 & 0042 & 0048 & 0050 & 0051] either:
standing on a platform mounted near the rear end of the chassis (Fig. 6);
a lift arm assembly (25) attached to the chassis (Fig. 6) [0026 & 0027 & 0028 & 0029 & 0034 & 0043 & 0052 & 0053 & 0054], wherein the lift arm assembly comprises:
an elongate rear lift arm (8) including a front end and a rear end, wherein the rear end of the rear lift arm is pivotally attached to the chassis at a transverse lift arm pivot axis (Fig. 6) [0026 & 0027 & 0028 & 0029 & 0034 & 0043 & 0052 & 0053 & 0054];
a lift actuator (9) attached between the elongate rear lift arm and the chassis (Fig. 6), wherein the lift actuator is adapted to extend or retract to pivot the elongate rear lift arm relative to the chassis [0027 & 0040 & 0041 & 0060];
an elongate front lift arm (10 & 12) also including a front end and a rear end, wherein the rear end of the front lift arm is telescopingly engaged with the front end of the rear lift arm such that a distance between the rear end of the rear lift arm and the front end of the front lift arm is variable [0027 & 0028 & 0029 & 0030 & 0031 & 0032 & 0033], wherein the elongate front lift arm comprises a connection point adapted to receive a tool assembly (11) [0028 & 0033 & 0034 & 0035 & 0036 & 0037 & 0038 & 0039 & 0040 & 0041 & 0042 & 0043 & 0044 & 0045 & 0046] (Fig. 6); and
an extension actuator (16) adapted to extend or retract the front lift arm relative to the rear lift arm [0029 & 0030 & 0031], and
extending or retracting the lift actuator to move the elongate rear lift arm relative to the chassis (Fig. 6) [0027 & 0040 & 0041 & 0060]; and
automatically extending or retracting the extension actuator in concert with extending or retracting the lift actuator to maintain the connection point in a vertical plane (Fig. 6) [0029 & 0030 & 0031 & 0040 & 0041 & 0042 & 0045 & 0046 & 0047 & 0048 & 0049].
Nagatsuka does not teach:
a track frame comprising ground engaging members, wherein the track frame is operatively attached to the chassis.
Rushton teaches:
A method of moving a lift arm assembly of a compact utility loader, the method comprising:
providing the utility loader (1) comprising:
a chassis (2) carrying a prime mover (20 & M & 30), the chassis including left and right sides (S1 & S2) (Fig. 4);
a track frame comprising ground engaging members [0148 & 0257], wherein the track frame is operatively attached to the chassis [0148 & 0257], wherein at least one of the ground engaging members is powered by the prime mover to propel the chassis over a ground surface [0148 & 0257];
a control console (3) located at or near a rear end of the chassis (Fig. 1), the control console carrying controls adapted to be manipulated by an operator either: on a platform mounted near the rear end of the chassis [0147 & 0156];
a lift arm assembly (6 & 7) movably attached to at least one of the left and right sides of the chassis (Fig. 4), wherein the prime mover is positioned on the chassis at a location lateral to the lift arm assembly (Fig. 4), wherein the lift arm assembly is adapted to move at least between a first position and a second position different than the first position (Fig. 4) [0063 & 0072 & 0090 & 0160], and
wherein the lift arm assembly comprises:
an elongate rear lift arm (6) including a front end and a rear end (Fig. 1 & Fig. 2), wherein the rear end of the rear lift arm is pivotally attached to the chassis at a transverse lift arm pivot axis (Fig. 1) [0151];
an elongate front lift arm (7) also including a front end and a rear end [0151], wherein the rear end of the front lift arm is telescopingly engaged with the front end of the rear lift arm such that a distance between the rear end of the rear lift arm and the front end of the front lift arm is variable [0151], wherein the elongate front lift arm comprises a connection point (D) adapted to receive a tool assembly [0154 & 0155 & 0156]; and
an extension actuator (8) adapted to extend or retract the front lift arm relative to the rear lift arm [0151].
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 method of moving a lift arm assembly of a compact utility loader comprising: providing the compact utility loader having a telescoping arm supported by a frame traveling on ground engaging members operatively attached to the chassis the telescoping arm movably attached to at least one of the left and right sides of the chassis and a prime mover for driving the ground engaging members taught by Nagatsuka with the method of moving a lift arm assembly of a compact utility loader comprising: providing the compact utility loader having a telescoping arm supported by a chassis a track frame is operatively attached to the chassis the telescoping arm movably attached to at least one of the left and right sides of the chassis and a prime mover for driving the ground engaging members positioned on the chassis at a location lateral to the lift arm assembly taught by Rushton in order to provide a work machine having a drive system having increased traction and a lateral weight balance to enable the work machine to operate in more unstable environments.
Regarding Claim 17, Nagatsuka teaches:
positioning the connection point in the vertical plane prior to automatically extending or retracting the lift actuator and the extension actuator [0029 & 0030 & 0031 & 0040 & 0041 & 0042 & 0045 & 0046 & 0047 & 0048 & 0049].
Regarding Claim 18, Nagatsuka teaches:
positioning the connection point in the vertical plane comprises manually extending or retracting one or both of the lift actuator and the extension actuator [0049 & 0050].
Regarding Claim 19, Nagatsuka teaches:
positioning the lift arm assembly along a generally horizontal plane relative to the ground surface prior to automatically extending or retracting the lift actuator and the extension actuator [0029 & 0030 & 0031 & 0040 & 0041 & 0042 & 0045 & 0046 & 0047 & 0048 & 0049].
Regarding Claim 20, Nagatsuka teaches:
further comprising restricting operator extension of the extension actuator [0039 & 0047 & 0048 & 0049].
Claim(s) 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nagatsuka et al. (EP 1081292 A1) in view of Rushton (US 20200277176 A1) as applied to Claim 7 above, further in view of Duckinghaus et al. (DE 102018120814 A1).
Regarding Claim 21, Nagatsuka does not teach:
the controller further comprising a learn mode wherein the controller is configured to learn the predetermined path of movement of the connection point from the operator, and wherein the predetermined path of the connection point is subsequently automatically carried out.
Duckinghaus teaches:
a compact utility loader (1) comprising:
a chassis (3);
ground engaging members (22 & 23) operatively attached to the chassis, wherein at least one of the ground engaging members is powered to propel the chassis over a ground surface [0018] (Fig. 1);
a control console (25 & 26) located at or near a rear end of the chassis, the control console carrying controls adapted to be manipulated by an operator [0020 & 0025 & 0029] either:
standing on a platform mounted near the rear end of the chassis (Fig. 1);
a lift arm assembly (5) attached to the chassis (Fig. 1) [0018 & 0019 & 0021 & 0023 & 0024 & 0025 & 0028], wherein the lift arm assembly comprises:
an elongate rear lift arm (8) including a front end and a rear end, wherein the rear end of the rear lift arm is pivotally attached to the chassis at a transverse lift arm pivot axis (Fig. 1) [0018 & 0019 & 0021 & 0023 & 0024 & 0025 & 0028];
a lift actuator (12) attached between the elongate rear lift arm and the chassis (Fig. 1), wherein the lift actuator is adapted to extend or retract to pivot the elongate rear lift arm relative to the chassis [0018 & 0019 & 0025];
an elongate front lift arm (13) also including a front end and a rear end, wherein the rear end of the front lift arm is telescopingly engaged with the front end of the rear lift arm such that a distance between the rear end of the rear lift arm and the front end of the front lift arm is variable [0018 & 0019 & 0021 & 0025], wherein the elongate front lift arm comprises a connection point (6) adapted to receive a tool assembly (7) [0018 & 0019 & 0021 & 0022] (Fig. 1); and
an extension actuator (17) adapted to extend or retract the front lift arm relative to the rear lift arm [0019 & 0025];
a controller (18) adapted to extend or retract the extension actuator in concert with movement of the lift actuator to maintain movement of the connection point along a predetermined path (Fig. 1) [0019 & 0020 & 0022 & 0025 & 0026 & 0027 & 0029 & 0030 & 0031], and
the controller further comprising a learn mode wherein the controller is configured to learn the predetermined path of movement of the connection point from the operator, and wherein the predetermined path of the connection point is subsequently automatically carried out [0010 & 0012 & 0014 & 0020 & 0024 & 0026 & 0029 & 0030 & 0031].
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 compact utility loader having a telescopic lift arm assembly utilizing an extension actuator to effect telescopic motion of the lift arm and a lift actuator to effect lifting and lowering motion of the lift arm and a controller adapted to move the lift arm assembly such that the connection point moves in only a direction normal to the ground surface when moving between the first and second positions taught by Nagatsuka with the compact utility loader having a telescopic lift arm assembly utilizing an extension actuator to effect telescopic motion of the lift arm and a lift actuator to effect lifting and lowering motion of the lift arm and a controller adapted to move the lift arm assembly such that the connection point moves in only a predetermined path when moving between the first and second positions, the controller further comprising a learn mode wherein the controller is configured to learn the predetermined path of movement of the connection point from the operator, and wherein the predetermined path of the connection point is subsequently automatically carried out taught by Duckinghaus in order to provide a means of accommodating unique paths of movement that will require repeating without requiring reprogramming of the system in order to prevent delays in work completion increasing the productivity and utility of the loader.
Claim(s) 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hager et al. (US 10718098 B1) in view of Duckinghaus et al. (DE 102018120814 A1).
Regarding Claim 21, Hager does not teach:
the controller further comprising a learn mode wherein the controller is configured to learn the predetermined path of movement of the connection point from the operator, and wherein the predetermined path of the connection point is subsequently automatically carried out.
Duckinghaus teaches:
a compact utility loader (1) comprising:
a chassis (3);
ground engaging members (22 & 23) operatively attached to the chassis, wherein at least one of the ground engaging members is powered to propel the chassis over a ground surface [0018] (Fig. 1);
a control console (25 & 26) located at or near a rear end of the chassis, the control console carrying controls adapted to be manipulated by an operator [0020 & 0025 & 0029] either:
standing on a platform mounted near the rear end of the chassis (Fig. 1);
a lift arm assembly (5) attached to the chassis (Fig. 1) [0018 & 0019 & 0021 & 0023 & 0024 & 0025 & 0028], wherein the lift arm assembly comprises:
an elongate rear lift arm (8) including a front end and a rear end, wherein the rear end of the rear lift arm is pivotally attached to the chassis at a transverse lift arm pivot axis (Fig. 1) [0018 & 0019 & 0021 & 0023 & 0024 & 0025 & 0028];
a lift actuator (12) attached between the elongate rear lift arm and the chassis (Fig. 1), wherein the lift actuator is adapted to extend or retract to pivot the elongate rear lift arm relative to the chassis [0018 & 0019 & 0025];
an elongate front lift arm (13) also including a front end and a rear end, wherein the rear end of the front lift arm is telescopingly engaged with the front end of the rear lift arm such that a distance between the rear end of the rear lift arm and the front end of the front lift arm is variable [0018 & 0019 & 0021 & 0025], wherein the elongate front lift arm comprises a connection point (6) adapted to receive a tool assembly (7) [0018 & 0019 & 0021 & 0022] (Fig. 1); and
an extension actuator (17) adapted to extend or retract the front lift arm relative to the rear lift arm [0019 & 0025];
a controller (18) adapted to extend or retract the extension actuator in concert with movement of the lift actuator to maintain movement of the connection point along a predetermined path (Fig. 1) [0019 & 0020 & 0022 & 0025 & 0026 & 0027 & 0029 & 0030 & 0031], and
the controller further comprising a learn mode wherein the controller is configured to learn the predetermined path of movement of the connection point from the operator, and wherein the predetermined path of the connection point is subsequently automatically carried out [0010 & 0012 & 0014 & 0020 & 0024 & 0026 & 0029 & 0030 & 0031].
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 compact utility loader having a telescopic lift arm assembly utilizing an extension actuator to effect telescopic motion of the lift arm and a lift actuator to effect lifting and lowering motion of the lift arm and a controller adapted to move the lift arm assembly such that the connection point moves in only a direction normal to the ground surface when moving between the first and second positions taught by Hager with the compact utility loader having a telescopic lift arm assembly utilizing an extension actuator to effect telescopic motion of the lift arm and a lift actuator to effect lifting and lowering motion of the lift arm and a controller adapted to move the lift arm assembly such that the connection point moves in only a predetermined path when moving between the first and second positions, the controller further comprising a learn mode wherein the controller is configured to learn the predetermined path of movement of the connection point from the operator, and wherein the predetermined path of the connection point is subsequently automatically carried out taught by Duckinghaus in order to provide a means of accommodating unique paths of movement that will require repeating without requiring reprogramming of the system in order to prevent delays in work completion increasing the productivity and utility of the loader.
Response to Arguments
Applicant’s arguments, see APPEAL BRIEF, filed 2026/04/23, with respect to the rejection(s) of claim(s) 1, 7, and 16 under Nagatsuka et al. (EP 1081292 A1) in view of Rushton (US 20200277176 A1) as it relates to the limitation of “the prime mover is positioned on the chassis at a location lateral to the lift arm” have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Nagatsuka et al. (EP 1081292 A1) in view of Rushton (US 20200277176 A1) as while Nagatsuka does not explicitly teach that the prime mover is positioned on the chassis at a location lateral to the lift arm Rushton does explicitly teach such a feature as outlined in the rejection of Claims 1, 7, and 16 in Paragraphs 8.01, 8.11, and 8.23 above.
Applicant's arguments filed 2025/07/18 have been fully considered but they are not persuasive.
Regarding Applicant’s argument of the Examiner’s rejection of Claim 1 especially as it relates to the limitation of “a controller adapted to move the lift arm assembly such that the connection point moves in only a direction normal to the ground surface when moving between the first and second positions”:
Applicant’s assertion that the controller of Hager is not adapted to move the lift arm assembly such that the connection moves only in a direction normal to the ground surface when moving between a first and second ground surface is not persuasive as the controller limits the moment about the front of the track [Column 10 Lines 46-57] by limiting the position of the bucket pivot joint longitudinal position related to the front of the track (H) as outlined in [Column 10 Lines 46-57] {newly cited in this response} and as the goal of the extendable arm is to provide the greatest possible reach of the arm [Column 4 Lines 56-67] {newly cited in this response} and the controller is capable of controlling extension of the arm while pivoting of the arm is controlled by operator input [Column 11 Lines 37-56] the extension of the arm would be controlled to operate within the limit of the maximum bucket pivot joint longitudinal position related to the front of the track (H) and therefore necessarily move only in a direction normal to the ground surface when moving between the first and second positions.
Regarding Applicant’s argument of the Examiner’s rejection of Claim 7, especially as it relates to the limitation of “a controller adapted to extend or retract the extension actuator in concert with movement of the lift actuator to maintain movement of the connection point along a predetermined path”:
Applicant’s assertion that the controller of Hager is not adapted to extend or retract the extension actuator in concert with movement of the lift actuator to maintain movement of the connection point along a predetermined path is not persuasive as the controller limits the moment about the front of the track [Column 10 Lines 46-57] by limiting the position of the bucket pivot joint longitudinal position related to the front of the track (H) as outlined in [Column 10 Lines 46-57] {newly cited in this response} and as the goal of the extendable arm is to provide the greatest possible reach of the arm [Column 4 Lines 56-67] {newly cited in this response} and the controller is capable of controlling extension of the arm while pivoting of the arm is controlled by operator input [Column 11 Lines 37-56] the extension of the arm would be controlled to operate within the limit of the maximum bucket pivot joint longitudinal position related to the front of the track (H) and therefore necessarily move only in a direction normal to the ground surface when moving between the first and second positions.
Regarding Applicant’s argument of the Examiner’s rejection of Claim 16, especially as it relates to the limitation of “extending or retracting the lift actuator to move the elongate rear lift arm relative to the chassis; and automatically extending or retracting the extension actuator in concert with extending or retracting the lift actuator to maintain the connection point in a vertical plane”:
Applicant’s assertion that the controller of Hager is not adapted to perform the action of automatically extending or retracting the extension actuator in concert with extending or retracting the lift actuator to maintain the connection point in a vertical plane is not persuasive as the controller limits the moment about the front of the track [Column 10 Lines 46-57] by limiting the position of the bucket pivot joint longitudinal position related to the front of the track (H) as outlined in [Column 10 Lines 46-57] {newly cited in this response} and as the goal of the extendable arm is to provide the greatest possible reach of the arm [Column 4 Lines 56-67] {newly cited in this response} and the controller is capable of controlling extension of the arm while pivoting of the arm is controlled by operator input [Column 11 Lines 37-56] the extension of the arm would be controlled to operate within the limit of the maximum bucket pivot joint longitudinal position related to the front of the track (H) and therefore necessarily move only in a direction normal to the ground surface when moving between the first and second positions.
Regarding Applicant’s argument of the Examiner’s rejection of Claims 1, 7, and 16, especially as it relates to the limitation of “a control console located at or near a rear end of the chassis, the control console carrying controls adapted to be manipulated by an operator”:
Applicant’s assertion that the control console of Nagatsuka is not located at or near the rear end of the chassis is not persuasive as the limitation does not define a range for near such as “closer to the rear end of the chassis than the front end” and the location of the drivers cab relative to the rear end of the chassis is considered near based on the merriam webster definition for “near” of: “close to”.
Regarding Applicant’s argument of the Examiner’s rejection of Claim 21:
Applicant’s arguments are not persuasive because they do not specifically point out any deficiencies to in the art relative to the claim.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRENDAN P TIGHE whose telephone number is 571-272-4872. The Examiner can normally be reached on Monday-Thursday, 7:00-5:30 EST
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, SAUL RODRIGUEZ can be reached on 571-272-7097. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRENDAN P TIGHE/Examiner, Art Unit 3652
/SAUL RODRIGUEZ/Supervisory Patent Examiner, Art Unit 3652
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