Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 9 recites the limitation "a second hold part" in line 2. There is insufficient antecedent basis for this limitation in the claim. It is unclear as to whether a first hold part is implied when a “second hold part” has been introduced without the clear prior introduction of a “first hold part”.
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) 1-4, 8-9, 11-12 and 16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Imashige (7,134,519).
Consider Claim 1, Imashige discloses a work machine comprising: a vehicle body frame (21); an engine chamber (interior of 22) that is provided on the vehicle body frame and that receives a prime mover (38) and a device (32); and a plurality of exterior covers (37, 42) that covers the engine chamber, wherein the work machine includes: a first frame part (opening perimeter of 22) that is provided along a front-back direction of the vehicle body frame in plan view, and a second frame part (body of 37) that is, at a base end thereof, connected to the first frame part and, at another end thereof, connected to a lateral face cover (42) which is of the exterior covers and which covers a lateral face of the engine chamber.
Consider Claim 2, Imashige discloses all the limitations of the claimed invention, as described above, and further discloses wherein the second frame part (body of 37) is rotatably supported to the first frame part (opening perimeter of 22).
Consider Claim 3, Imashige discloses all the limitations of the claimed invention, as described above, and further discloses wherein an upper face cover (42) which is of the plurality of exterior covers and which covers an upper face of the engine chamber is rotatably supported to the first frame part (opening perimeter of 22).
Consider Claim 4, Imashige discloses all the limitations of the claimed invention, as described above, and further discloses a first hinge part (40) having a first pivot shaft (Fig. 2) by which a base end of the second frame part (body of 37) is pivotally supported, and a second hinge part (43) having: a cover attaching part that connects the upper face cover (42), and a second pivot shaft (Fig. 5) by which the cover attaching part is pivotally supported.
Consider Claim 8, Imashige discloses all the limitations of the claimed invention, as described above, and further discloses wherein the second frame (body of 37) part has a first hold part (45) that holds a rotary angle of the second frame part at a given angle.
Consider Claim 9, Imashige discloses all the limitations of the claimed invention, as described above, and further discloses wherein the second frame part has a second hold part (41) that holds a rotary angle of the upper face cover (42) at a given angle.
Consider Claim 11, Imashige discloses all the limitations of the claimed invention, as described above, and further discloses wherein the second frame part has a first link part (40) and a second link part (47) which are so placed on the first frame part as to be spaced apart from each other, and each of the first link part and the second link part connects the first frame part with the lateral face cover (42).
Consider Claim 12, Imashige discloses all the limitations of the claimed invention, as described above, and further discloses wherein the first frame part (opening perimeter of 22) is connected via a pillar (vertical shaft of 21 C2, L 48-50) to the vehicle body frame (21).
Consider Claim 16, Imashige discloses all the limitations of the claimed invention, as described above, and further discloses wherein a storage tank (32) capable of storing a liquid is placed in the engine chamber, and the first frame part (opening perimeter of 22) has an attaching part (22) to which the storage tank is attached.
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, 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) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Imashige (7,134,519) in view of Umizaki (11,313,101).
Claim 10 (original): The work machine according to claim 2, wherein the second frame part has a bias part that biases a rotation of the second frame part.
Umizaki discloses wherein the second frame part (29A) has a bias part (32) that biases a rotation of the second frame part (29A).
It would have been obvious to one of ordinary skill in the art at the time of filing to modify Imashige by further comprising a bias part to bias rotation of the second frame part in order to prevent the frame from unexpectedly rotating.
Allowable Subject Matter
Claims 17-19 allowed.
The following is an examiner’s statement of reasons for allowance:
Although the prior art discloses a work machine comprising: a swing frame (22); a cabin (operator’s cab, Claim 1) placed on a left side on the swing frame; and an engine chamber (interior of 22) placed on a right side on the swing frame, wherein the work machine includes: a right exterior cover (37) that covers a right lateral face of the engine chamber, and an upper face cover (42) that covers an upper part of the engine chamber, the upper face cover is so provided above the right exterior cover as to be rotatable with a left end edge side of the upper face cover (42) as a pivot point, the prior art does not disclose or render obvious, absent impermissible hindsight, these limitations in combination with wherein the right exterior cover is so provided as to be rotatable integrally with the upper face cover with the left end edge side of the upper face cover as the pivot point as required by Claim 17.
Claims 18 and 19 depend from Claim 17.
Claims 5-7, 13-15 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Although the prior art discloses all of the limitations of the base claim and any intervening claims the prior art does not disclose or render obvious, absent impermissible hindsight, these limitations in combination with the second pivot shaft is provided on a base end side of the second frame part as required by Claim 5, wherein the first pivot shaft and the second pivot shaft are provided in the first frame part as required by Claim 6 or wherein the first pivot shaft and the second pivot shaft are provided on a same axial line as required by Claim 7.
Although the prior art discloses all of the limitations of the base claim and any intervening claims the prior art does not disclose or render obvious, absent impermissible hindsight, these limitations in combination with wherein the pillar includes a first pillar and a second pillar, the first pillar has a linear shape and supports the first frame part from below, and the second pillar has a bent shape and supports the first frame part from side as required by Claim 13.
Claims 14 and 15 depend from Claim 13.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRYAN A EVANS whose telephone number is (571)270-7022. The examiner can normally be reached 9-4 EST Monday-Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, James A Shriver can be reached at (303) 297-4337. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRYAN A EVANS/Primary Examiner, Art Unit 3613