DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Claim Rejections - 35 USC § 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.
Claims 1, 3, 7-10 are rejected under 35 U.S.C. 103 as being unpatentable over Ota et al. (Pub. No.: 2017/0067227; hereinafter Ota) in view of Egawa et al. (Pub. No.: 2015/0139768; hereinafter Egawa).
Regarding independent claim 1, Ota discloses an electric excavator comprising:
a work implement (4);
a hydraulic actuator driving the work implement (See para. [0028] where it discloses the elements of the work implement and associated hydraulic actuators);
a revolving frame (5) that is arranged on a travelling unit (2) and revolves around a center of revolution by a revolving motor (31), a battery (30) supported by the revolving frame, an electric motor (12) supported by the revolving frame (5) and driven by using the battery (30) as a power source (See para. [0029] and para. [0037] for the above elements); a hydraulic pump (9) driven by the electric motor (12) to supply oil to the hydraulic actuator (as described in para. [0085]); and
a switching valve (11) arranged in an oil path between the hydraulic pump (9) and the hydraulic actuator (See para. [0036] where it discloses “the plurality of directional control valves control the directions of the pressurized oil to be supplied to the various kinds of hydraulic actuators from the hydraulic pump 9”);
wherein the revolving frame (5) includes a center frame (See Fig. 2, where the center frame generally corresponds to the frame portions between the pair of center beams 5B-5C) that supports the work implement, and a pair of decks arranged on a right side and a left side of the center frame, respectively (See Fig. 2, where the left deck generally corresponds to the portion of 5 between 5F and 5C, and where the right deck generally corresponds to the portion of 5 between 5B and 5E),
the electronic motor (12) and the hydraulic pump (9) are supported by one of the pair of decks (See Fig. 2 where elements 9 and 12 are supported by the left deck),
the center frame includes a pair of center beams supporting the work implement (5B and 5C correspond to the claimed center beams), and
in a plan view (Fig. 2), the switching valve (11) and the revolving motor (31) are arranged in a region sandwiched between the pair of center beams (5B-5C) and the hydraulic pump (9) is located adjacent (i.e., nearby) to the switching valve (11) and the revolving motor (31) across the center beam (note in Fig. 2 that the center beams 5B-5C extend to element 7).
Fig. 2 of Ota has been reproduced below for immediate reference.
Ota fails to disclose wherein the battery is arranged to include a portion located rearward of a rear end position of the deck. Egawa discloses a similar electric excavator comprising a revolving frame (5) with a center frame (6) and similar deck arranged on a right and left side of the center frame (as seen in Fig. 3). More specifically, Egawa discloses wherein a battery (29) is arranged to include a portion located rearward of a rear end position of the deck (as seen in Fig. 8, See para. [0061]-[0077] for a general disclosure of this configuration). Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to modify the location of the battery of Ota, to be rearward of the deck as disclosed by Egawa, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
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Regarding claim 3, the above combination discloses the excavator of claim 1. Ota, of the combination, also discloses wherein electric energy stored in the battery (30) is supplied to the electric motor (12), the electric motor (12) is driven by the supply of electric energy, and the oil from the hydraulic pump (9) is supplied to the hydraulic actuator through the switching valve (11) by driving of the electric motor (12; as described in para. [0035-0037]).
Regarding claim 7, the above combination discloses the excavator of claim 1. Ota, of the combination, further discloses a hydraulic oil tank (10) that supplies oil to the hydraulic pump (9), wherein the hydraulic oil tank is arranged (at least partly) between the hydraulic pump (9) and the battery (30) in a plan view (as seen in Fig. 2).
Regarding claim 8, the above combination discloses the excavator of claim 1. Ota, of the combination, further discloses a hydraulic oil tank (10) that supplies oil to the hydraulic pump (9), wherein the hydraulic pump (9) is arranged under the hydraulic oil tank (10, See Fig. 4, where element 27 which houses the tank 10, as disclosed in para. 0047], is at least partially disposed until the pump 9).
Regarding claim 9, the above combination discloses the excavator of claim 1. Ota, of the combination, further discloses an inverter (34) that controls driving of the electric motor (12), wherein the inverter (34) is arranged forward of the electric motor (in a plan view, See Fig. 2 where 34 is forward of 12).
Regarding claim 10, Sasaki discloses the electric excavator of claim 1, and also discloses a work implement (4) wherein the hydraulic actuator is a hydraulic cylinder that drives the work implement (as disclosed in para. [0028]).
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Ota in view of Egawa and further in view of Sasaki (JP09144062).
Regarding claim 2, the above combination discloses the excavator of claim 1, but fails to discloses wherein the hydraulic pump is arranged closer to the switching valve than the electric motor. Sasaki, discloses an electric excavator with a switching valve (28) arranged in an oil path between the hydraulic pump (24) and the hydraulic actuator (See Fig. 6 and para. [0041]-[0045] for corresponding disclosure of the depicted hydraulic circuit), wherein a hydraulic pump (24) is arranged closer (as seen in Fig. 4) to the switching valve (28) than an electric motor (23). Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to modify the location of the hydraulic pump of the combination, to be closer to the switching valve than the electric motor as disclosed by Sasaki, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Response to Arguments
Applicant's arguments filed 02/24/2026 have been fully considered but they are not persuasive. Applicant’s arguments with respect to claim 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/A.L.L./Examiner, Art Unit 3671
/JAMIE L MCGOWAN/Primary Examiner, Art Unit 3671
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