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 § 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) 1-5 and 7-12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Oyamada (JP 4948314 B2).
Consider Claim 1, Oyamada discloses a construction machine comprising: an engine (8); a cooling fan (33) that is assembled coupled to the engine (8); a hood (11) that has defines an exhaust opening (11b); a heat exchanger (32) that is arranged between the cooling fan (33) and the exhaust opening (11b); and a partition plate (42) that forms an air discharge passage between the heat exchanger (32) and the exhaust opening (11b), and wherein the partition plate (42) is inclined upward in a direction from the heat exchanger (32) toward the exhaust opening (11b).
Consider Claim 2, Oyamada discloses all the limitations of the claimed invention, as described above, and further discloses wherein the partition plate (42) is arranged positioned higher on a machine body rear side of the construction machine than on a machine body front side of the construction machine.
Consider Claim 3, Oyamada discloses all the limitations of the claimed invention, as described above, and further discloses wherein the partition plate (42) has a drain hole (46, hinge would allow water to drain) at an inclined lower end portion.
Consider Claim 4, Oyamada discloses all the limitations of the claimed invention, as described above, and further discloses comprising: a grill (11a) that covers configured to cover at least part of the exhaust opening (11b) and that has a quadrangular shape, and wherein at least one of an upper edge of the grill or a lower edge of the grill is formed positioned higher on the machine body rear side of the construction machine than on the machine body front side of the construction machine (Fig. 3).
Consider Claim 5, Oyamada discloses all the limitations of the claimed invention, as described above, and further discloses wherein the grill has at least one horizontal crosspiece (horizontal member) that divides the quadrangular shape into a plurality of sections.
Consider Claim 7, Oyamada discloses all the limitations of the claimed invention, as described above, and further discloses wherein the grill (11a) has, at a portion contacting at least one of the upper edge or the lower edge, an end section that has an opening (11b) area smaller than an opening (11b) area of a center section of the grill Fig. 3).
Consider Claim 8, Oyamada discloses all the limitations of the claimed invention, as described above, and further discloses wherein one edge portion (lower edge) of the end section is formed along an exhaust-opening (11b)-side end portion of the partition plate (42).
Consider Claim 9, Oyamada discloses all the limitations of the claimed invention, as described above, and further discloses wherein the grill (11a) includes a net (mesh) that covers that is configured to cover the center section.
Consider Claim 10, Oyamada discloses all the limitations of the claimed invention, as described above, and further discloses wherein the hood (11) includes an additional section (attachment edge of hood 11) that is configured to indicate a portion of the exhaust opening (11b) not covered with the grill.
Consider Claim 11, Oyamada discloses all the limitations of the claimed invention, as described above, and further discloses comprising: an additional horizontal crosspiece (top of hood 11) that configured to protrude along an edge portion of the additional section.
Consider Claim 12, Oyamada discloses all the limitations of the claimed invention, as described above, and further discloses wherein the additional horizontal crosspiece is arranged positioned higher on the machine body front side of the construction machine than on the machine body rear side of the construction machine (top of hood slopes down at rear).
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) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Oyamada (JP 4948314 B2) in view of Hiroaki (JP 2004352089 A).
Consider Claim 6, Oyamada discloses all the limitations of the claimed invention, as described above, but does not disclose wherein a remaining portion of the grill other than the horizontal crosspiece is recessed inward of a machine body of the construction machine with respect to the hood (11).
Hiroaki JP2004352089A discloses the horizontal crosspiece (19) is recessed inward of a machine body of the construction machine with respect to the hood (15).
It would have been obvious to one or ordinary skill in the art at the time of the invention to modify Oyamada by further recessing the horizontal crosspiece, as claimed, in order to prevent damage to the crosspiece
Conclusion
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/BRYAN A EVANS/Primary Examiner, Art Unit 3613