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 .
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required:
The terms “upper light units storage part” and “lower light units storage part” in claims 1-3 lack antecedence in the specification. For the purpose of treating these claims based upon prior art, the “upper light units storage part” is being interpreted as “both sides of an upper part of the front grill 23” as discussed in paragraph [0074], lines 10-11 and the “lower light units storage part” is being interpreted as “both sides of a lower part of the front grill 23” as discussed on the last two lines of para. [0074]. Note that the storage parts are being interpreted as those portions of the grill which receive or surround the light units as is consistent with the drawings and the last three lines of para. [0074].
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 15 rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. The recitation in claim 15 of the second lower cover defines one or more second openings is already recited in parent claim 14. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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 (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 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 1, 2, 3, 4, 6, 8, 9, 10, 11, 13, 16 and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP 2006076571.
Regarding claim 1, JP 2006076571 discloses:
A tractor (3; Fig. 1) comprising:
a front grill (20, Fig. 3) formed in a mesh-like manner (see page 3, lines 17-18 of the provided English language translation) and configured with one or more openings (see page 4, lines 7-8 of the provided English language translation) through which outside air can pass to reach an engine (in that air passing through the openings is able to reach the engine (5; Fig. 1); and
a plurality of light units including a pair of left (23L; Fig. 3) and right (23R; Fig. 3) upper light units and a pair of left (24L; Fig. 3) and right (24R; Fig. 2 and see annotated Fig. 3 below) lower light units; and
wherein: an upper part of the front grill (20, Fig. 3) has an upper light units storage part (the shaded part labelled at the bottom of annotated Fig. 3 below) formed in accordance with a shape of the pair of left and right upper light units (in that the upper light units storage part has portions (see annotated Fig. 3 below) which surround the pair of upper light units (23L, 23R; Fig 3), where such portions have a shape that matches the outer peripheral shape of each of the pair of upper light units (23L, 23R; Fig 3)) and a lower part of the front grill has lower light units storage part (as pointed out in annotated Fig 4 below) formed to match a shape of the pair of left and right lower light units (in that the lower light units storage part has portions (one of which for the left lower light unit is pointed out in annotated Fig. 4 below) which surround the pair of lower light units (24L, 24R; Figs. 2 and 3 and annotated Fig. 3 below), where such portions (the left such portion pointed out in annotated Fig. 4 below) have a shape that matches the outer peripheral shape of each of the pair of lower light units (24L, 24R; Figs. 2 and 3 and annotated Fig. 3 below)).
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Regarding claim 2, JP 2006076571 discloses:
The tractor according to claim 1, as explained above, wherein the pair of left and right lower light units (23L, 23R; Figs.2, 3 and 4), are positioned in a lower light storage part (the left of which for left lower light 24L can be seen in annotated Fig. 4 above) so that the upper and lower edges (as pointed out in annotated Fig. 4 above) of the left lower light unit extend generally longitudinally of the tractor as can be seen by the dashed arrows in annotated Fig. 4 above, i.e., in a direction of forward travel of the tractor.
Regarding claim 3, JP 2006076571 discloses:
The tractor according to claim 2, as explained above, wherein the pair of left and right lower light units (23L, 23R; Figs. 2, 3 and 4), are positioned in the lower light storage part (the left of which for left lower light 24L can be seen in annotated Fig. 4 above) such the pair of left and right lower light units (23L, 23R; Figs.2, 3 and 4) are orientated and configured to provide light in the direction of forward travel of the tractor. Annotated Fig. 2 below illustrates the direction of travel of the left and right tractor wheels towards the left edge of the figure, the location of the left and right lower light units (24L, 24R), the illumination areas (L1, L2) of the left and right lower light units, and the areas, pointed out as dashed boxes, where “light is provided in the direction of forward travel of the left and right wheels of the tractor”, that is an area in front of the left and right wheels of the tractor, which corresponds to the direction of forward travel, is illuminated..
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Regarding claim 4, JP 2006076571 discloses:
The tractor according to claim 1, as explained above, further comprising a pair of lower covers (22L, 22R; Fig. 3; as disclosed on the third and further lines from the bottom of page 3 of the provided English language translation) positioned at left and right sides of the front grill (as shown in Fig. 3 above).
Regarding claim 6, JP 2006076571 discloses:
The tractor according to claim 1, as explained above, further comprising an upper cover (8, Fig. 4; disclosed as a “bonnet” on line 22 of the BEST_MODE section on page 3 of the provided English language translation) positioned at the upper part of the front grill (as can be seen in annotated Fig. 4 above).
Regarding claim 8, JP 2006076571 discloses:
A tractor hood (8; labelled as an “upper cover” in annotated Fig. 4 above) comprising:
a front grill (20; Fig. 3) formed in a mesh-like manner (see page 3, lines 17-18 of the provided English language translation) and configured with one or more openings (see page 4, lines 7-8 of the provided English language translation) through which outside air can pass to reach an engine (in that air passing through the openings is able to reach the engine (5; Fig. 1); and;
a plurality of light units including a first upper light unit (23L; Fig. 3), a second upper light unit (23R; Fig. 3), a first lower light unit (24L; Fig. 3), and a second lower light unit (24R; Fig. 2 and see annotated Fig. 3 above),
wherein:
a first upper part of the front grill (circled and labelled in annotated Fig. 3 above) is formed in accordance with a shape of the first upper light unit (23L; Fig. 3; where the shape of the first upper part of the front grill has a peripheral opening which corresponds to the shape of the first upper light unit as can be seen by the circled area in annotated Fig. 3 above) and a second upper part of the front grill (circled and labelled in annotated Fig. 3 above) is formed in accordance with a shape of the second upper light unit (23R; Fig. 3; where the shape of the first upper part of the front grill has a peripheral opening which corresponds to the shape of the first upper light unit as can be seen by the circled area in annotated Fig. 3 above), and
a first lower part of the front grill (labeled in the bottom left corner of annotated Fig. 4 above) is formed in accordance with a shape of the first lower light unit (24L; Figs. 3 and 4; where the shape of the first lower part of the front grill has a peripheral opening which corresponds to the shape of the first lower light unit as can be seen by the shaded portion in annotated Fig. 4 above), and a second lower part of the front grill (not shown yet naturally constructed in a symmetrical manner on the right side of the tractor) is formed in accordance with a shape of the second lower light unit (24R; Figs. 3; where the corresponding shapes of the first lower part of the front grill and the first lower light unit are naturally constructed symmetrical manner on the right side of the tractor).
Regarding claim 9, JP 2006076571 discloses:
The tractor hood of claim 8, wherein, as explained above, when the tractor hood is installed on a tractor (3; Fig. 1), the first (23R; Fig. 3), and second (24L; Fig. 3) lower light units are configured to provide light (in a path indicated by L1 and L2, respectively, in annotated Fig. 2 above) in a direction of forward travel of the tractor (namely the wheels, as pointed out by the labelled dotted boxes in annotated Fig. 2 above).
Regarding claim 10, JP 2006076571 discloses:
The tractor hood of claim 8, as explained above, wherein a first side portion of the front grill (see the label in upper right corner area of annotated Fig. 4 above) is interposed between the first upper light unit (23L; annotated Fig. 4 above) and the first lower light unit (24L; annotated Fig. 4 above; the relative position can be seen in annotated Fig. 4 above).
Regarding claim 11, JP 2006076571 discloses:
The tractor hood of claim 10, as explained above, further comprising a first lower cover (22L; Fig. 3; as disclosed on the third and further lines from the bottom of page 3 of the provided English language translation) extending (shown in Fig. 1) from the first side portion of the front grill (see the label in upper right corner area of annotated Fig. 4 above).
Regarding claim 13, JP 2006076571 discloses:
The tractor hood of claim 11, as explained above, wherein a second side portion of the front grill is interposed between the second upper light unit (23R; Fig. 2 and see annotated Fig. 3 above) and the second lower light unit (24R; annotated Fig. 3 above; the relationship is not shown yet is naturally symmetrical to the relative positions of corresponding features on the left side of the tractor as detailed in the treatment of claim 10 above).
Regarding claim 16, JP 2006076571 discloses:
The tractor hood of claim 8, as explained above, further comprising: an upper cover 8, Fig. 4; disclosed as a “bonnet” on line 22 of the BEST_MODE section on page 3 of the provided English language translation) including: a first end (labelled in annotate in Figs. 2 and 4 above) positioned adjacent to and extending from an upper portion of the front grill (20; Fig. 4; the first end is labelled and shows the relative position in annotate in Fig. 4); and a second end (labelled in annotated Fig. 2 above) that is opposite (as can be seen in annotated Fig. 2 above) the first end (labelled in annotate in Figs. 2 and 4 above).
Regarding claim 19, JP 2006076571 discloses:
The tractor hood according to claim 8, as explained above, further comprising a pair of lower covers (22L, 22R; Fig. 3; as disclosed on the third and further lines from the bottom of page 3 of the provided English language translation) positioned at left and right sides of the front grill (as shown in Fig. 3 above).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 2, 3 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over JP 2006076571 in view of Matsumoto et al. D581,953.
Regarding claim 2, JP 2006076571 discloses:
The tractor according to claim 1, as explained above, wherein the pair of left and right lower light units (23L, 23R; Figs.2, 3 and 4), are positioned in a lower light storage part (the left of which for left lower light 24L can be seen in annotated Fig. 4 above) so that the upper and lower edges (as pointed out in annotated Fig. 4 above) of the left lower light unit extend generally longitudinally of the tractor as can be seen by the dashed arrows in annotated Fig. 4 above, i.e., in a direction of forward travel of the tractor.
Regarding claim 3, JP 2006076571 discloses:
The tractor according to claim 2, as explained above, wherein the pair of left and right lower light units (23L, 23R; Figs. 2, 3 and 4), are positioned in the lower light storage part (the left of which for left lower light 24L can be seen in annotated Fig. 4 above) such the pair of left and right lower light units (23L, 23R; Figs.2, 3 and 4) are orientated and configured to provide light in the direction of forward travel of the tractor. Annotated Fig. 2 below illustrates the direction of travel of the left and right tractor wheels towards the left edge of the figure, the location of the left and right lower light units (24L, 24R), the illumination areas (L1, L2) of the left and right lower light units, and the areas, pointed out as dashed boxes, where “light is provided in the direction of forward travel of the left and right wheels of the tractor”, that is an area in front of the left and right wheels of the tractor, which corresponds to the direction of forward travel, is illuminated..
Regarding claim 9, JP 2006076571 discloses:
The tractor hood of claim 8, wherein, as explained above, when the tractor hood is installed on a tractor (3; Fig. 1), the first (23R; Fig. 3), and second (24L; Fig. 3) lower light units are configured to provide light (in a path indicated by L1 and L2, respectively, in annotated Fig. 2 above) in a direction of forward travel of the tractor (namely the tractor wheels, as pointed out by the labelled dotted boxes in annotated Fig. 2 above).
While the pair of left and right lower light units provide light in a direction of forward travel of the tractor wheels, JP 2006076571 does not disclose providing light in the direction of forward travel of the engine compartment formed by an upper cover, side covers and a grill.
However, Matsumoto et al. discloses left and right upper light units (annotated Fig. 2 below) and left and right lower lights (annotated Fig. 2 below), where the left and right lower lights are positioned in a direction of forward travel of the tractor, that is they are visible from a front of the tractor (as can be seen in annotated Fig. 2 below) as well as providing light towards the sides of the tractor (as can be seen from the orientation of the first lower light in Fig. 1).
A person of ordinary skill in the art is someone presumed to have known the relevant art at the relevant time. The Matsumoto et al. reference is considered to be relevant art in that the Matsumoto et al. reference is in the same field of endeavor as the 2006076571 reference, namely that which pertains to tactor lighting arrangements including a pair of upper and a pair of lower light units.
Therefore, with regards to claims 2, 3 and 9, it 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 to position the lower light units of JP 2006076571 so as to provide light in a direction of forward travel of the engine compartment formed by an upper cover, side covers and a grill as taught by Matsumoto et al. with a reasonable expectation of success so that the first and second lower light units can provide light in the direction of travel of the engine compartment of the tractor, and therefore in the line of sight of an operator while also still providing light at the sides of the tractor.
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Claims 5, 12, 14, 15 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over JP 2006076571 in view of Bering et al. US 8,347,994.
Regarding claim 5, JP 2006076571 discloses:
The tractor according to claim 4, as explained above, except wherein each lower cover of the pair of lower covers (22L, 22R; Fig. 3) defines one or more corresponding side openings
Regarding claim 12, JP 2006076571 discloses:
The tractor hood of claim 11, as explained above, except wherein the first lower cover (22L; Fig. 3) defines one or more first openings.
Regarding claim 14, JP 2006076571 discloses:
The tractor hood of claim 13, as explained above, further comprising a second lower cover (22R; Fig. 3) extending (in a manner symmetrical to how the first lower cover extends as detailed in the treatment of claim 11 above) from the second side portion of the front grill (not shown yet symmetrical to the first side portion of the front grill and located on the opposite side of the tractor), the second side portion of the front grill opposite the first side portion of the front grill, defining one or more openings (20a, 20b; the left 20a shown in Fig. 4 which are on a side of the tractor; disclosed as “intake ports”, i.e., openings, on line 10 of page 3 of the provided English language translation).
However, still regarding claim 14, JP 2006076571 does not disclose that the second lower cover (22R; Fig. 3; as disclosed on the third and further lines from the bottom of page 3 of the provided English language translation) defines one or more second openings.
Regarding claim 15, JP 2006076571 discloses:
The tractor hood of claim 14, as explained above, except wherein the second lower cover (22R; Fig. 3) defines one or more second openings.
Regarding claim 20, JP 2006076571 discloses:
The tractor hood according to claim 19, as explained above, except wherein each lower cover of the pair of lower covers (22L, 22R; Fig. 3; as disclosed on the third and further lines from the bottom of page 3 of the provided English language translation) defines one or more corresponding side openings.
Notwithstanding, Bering et al. disclose a tractor with a hood (12; Fig. 1; col. 2, line 42) including an upper panel (14; Fig. 1; col. 2, line 45) and a pair of side panels, i.e., covers, (16, 18: Figs. 1 and 6; left and right; col. 2, line 45), where a pair of vents, i.e., openings, 20, 22 (Fig. 1) are formed in each of the side panels as disclosed in col. 2, 46-47.
A person of ordinary skill in the art is someone presumed to have known the relevant art at the relevant time. The Bering et al. reference is considered to be relevant art in that the Bering et al. reference is in the same field of endeavor as the JP 2006076571 reference, namely that which pertains to tractor hood constructions.
Therefore, with regards to claims 5, 12, 14, 15 and 20, it 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 to provide each of the first and second lower covers of JP 2006076571 with a plurality of openings as taught by Bering et al. with a reasonable expectation of success to provide ventilation to the engine compartment under within the hood.
Claims 7 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over JP 2006076571 in view of Bering et al. US 8,347,994.
Regarding claim 7, JP 2006076571 discloses:
The tractor according to claim 6, as explained above, except wherein a front part of the upper cover (8; Fig. 4) is provided with an upper opening.
Regarding claim 17, JP 2006076571 discloses:
The tractor hood of claim 16, as explained above, except wherein the upper cover (8; Fig. 4) further includes a plurality of holes configured to enable outside air to communicate with a hood cavity through the upper cover.
Notwithstanding, Bering et al. disclose a tractor with a hood (12; Fig. 1; col. 2, line 42) including an upper panel (14; Fig. 1; col. 2, line 45), i.e., an upper cover, where the upper panel (14; Fig. 1) or “upper cover” includes a pair of inlet openings or “holes” (27; Fig. 1) formed in a front end of the hood upper panel (14; Fig. 1) or “upper cover” as disclosed on lines 54-55 of col. 2.
A person of ordinary skill in the art is someone presumed to have known the relevant art at the relevant time. The Bering et al. reference is considered to be relevant art in that the Bering et al. reference is in the same field of endeavor as the JP 2006076571 reference, namely that which pertains to tractor hood constructions.
Therefore, it 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 to provide the front part of the upper cover of JP 2006076571 with a plurality of openings of holes, as the case may be, as taught by Bering et al. with a reasonable expectation of success in order to prevent re-ingesting hot air. Motivation provided on the last two lines of the abstract of Bering et al.
Claim 18 is are rejected under 35 U.S.C. 103 as being unpatentable over JP 2006076571 in view of Boothman et al. US 6,206,122.
Regarding claim 18, JP 2006076571 discloses:
The tractor hood of claim 8, as explained above, further comprising:
an upper cover (8; Fig. 4) including a first end (as pointed out in Fig. 4) positioned adjacent to and extending from an upper portion of the front grill (20; Fig. 4);
a first lower cover (22L; Fig. 3; as disclosed on the third and further lines from the bottom of page 3 of the provided English language translation) extending (shown in Fig. 1) from a first side portion of the front grill (see the label in upper right corner area of annotated Fig. 4 above), the first side portion of the front grill (see the label in upper right corner area of annotated Fig. 4 above) is interposed between the first upper light unit (23L; annotated Fig. 4 above) and the first lower light unit (24L; annotated Fig. 4 above; the relative position can be seen in annotated Fig. 4 above) and
a second lower cover (22R; Fig. 3) extending (in a manner symmetrical to how the first lower cover extends as detailed in the treatment of claim 11 above) from a second side portion of the front grill (not shown yet symmetrical to the first side portion of the front grill and located on the opposite side of the tractor), the second side portion interposed between the second upper light unit (23R; Fig. 2 and see annotated Fig. 3 above) and the second lower light unit (24R; annotated Fig. 3 above; the relationship is not shown yet is naturally symmetrical to the relative positions of corresponding features on the left side of the tractor as detailed in the treatment of claim 10 above).
However, JP 2006076571 does not explicitly disclose wherein the upper cover, the first lower cover, and the second lower cover are each separate discrete components.
Notwithstanding, Boothman et al. disclose a vehicle body panel assembly for a tractor engine (abstract lines 1-2) including an upper cover (8; Fig. 1), as well as first and second lower covers (12; Fig. 1; one on each side of the tractor). The upper cover (8; Fig. 1), as well as first and second lower covers (12; Fig. 1; one on each side of the tractor) each separate discrete components, as shown in Fig. 1.
A person of ordinary skill in the art is someone presumed to have known the relevant art at the relevant time. The Boothman et al. reference is considered to be relevant art in that the Boothman et al. reference is in the same field of endeavor as the JP 2006076571 reference, namely that which pertains to tractor hood constructions.
Therefore, it 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 to construct the upper cover, the first lower cover, and the second lower cover of JP 2006076571 so that each are separate discrete components as taught by Boothman et al. with a reasonable expectation of success where manufacturing of separate planar elements take up less space during transport to an assembly plant versus them being constructed as a one piece unit.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Haupt US 3,918,540 discloses a grille, an upper cover and lower covers of a tractor hood which are separate discrete components. See Fig. 8.
DE 20104365 discloses a tractor hood with a lower cover that includes a plurality of openings 6c thereon. See Fig. 1.
Vuk US 7,051,786 discloses a tractor hood with engine cooling openings 24, 26 on an upper cover 16. See Fig. 2.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Joseph D. Pape whose telephone number is (571)272-6664. The examiner can normally be reached Monday to Friday 7 AM-3:30 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amy Weisberg can be reached at (571)270-5500. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Joseph D. Pape/Primary Examiner, Art Unit 3612