DETAILED ACTION
Specification
This objection is withdrawn due to the amendments made to the specification.
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 20 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 20 requires an “irregular shape” without defining what is required. The meets and bounds of what makes a shape irregular are not clear. Correction is required.
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.
(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.
Claim(s) 1, 2, 7-9 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Iwamoto (U.S. Pat. No. 10,961,689).
Regarding claim 1, Iwamoto discloses a tracked vehicle, comprising:
a chassis (fig. 2) extending along a longitudinal direction of the tracked vehicle, wherein the chassis comprises a plurality of frame members (2, 6, 6a-f) extending along the longitudinal direction; an operator cabin (15) coupled to the chassis;
a power unit comprising a prime mover coupled to the chassis and housed within a power unit housing comprising a plurality of service doors (21, 23, 28, 22), wherein the power unit housing is L-shaped (23 and 21 shown in fig 1 is L-shaped) comprises a side portion and a back portion and a front section of the side portion is configured with a downsloping angle (the sides are the vertical walls); and
a pair of track assemblies (shown in fig. 2) in a driving relationship with the prime mover, each track assembly of the pair of track assemblies coupled to one of the plurality of frame members and comprising an endless track disposed around a plurality of wheels (shown in the figures connected to item 2);
wherein: each service door of the plurality of service doors is configured to allow access to a respective subset of power unit components (the doors are for accessing the power units).
Note: what is required for “access” do you have to be able to touch it with a stick? Your hand? Do you have to be able to reach all components of it without being hindered by other equipment? Do you have to be able to get your body to approach it from all sides?
Regarding claim 2 which depends from claim 1, Iwamoto discloses wherein the side portion of the power unit housing is positioned to a first lateral side of the operator cabin and comprises the front section, a rear section, and a middle section positioned between the front section and the rear section, wherein a front end of the front section is in line with the front end of the operator cabin and the rear section is positioned to the first lateral side of the back portion of the power unit housing (the cabin sits on top of the housing to transition from cabin to the housing to the bottom plate).
Regarding claim 7 which depends from claim 2, Iwamoto discloses wherein the operator cabin comprises a windshield (15a) comprising a front facing aspect and a plurality of lateral facing aspects, wherein a first lateral facing aspect positioned on the first lateral side of the operator cabin is configured to align with the downsloping angle of the front section of the power unit housing (shown in fig. 1).
Regarding claim 8 which depends from claim 4, Iwamoto discloses wherein the first service door is a shape configured to cover a cutout of the front section of the power unit housing, wherein the cutout comprises a recessed portion extending along a transverse direction of the tracked vehicle (shown in fig. 1).
Regarding claim 9 which depends from claim 8, Iwamoto discloses wherein the recessed portion of the cutout of the front section of the power unit housing is configured to allow access to at least a portion of the first subset of power unit components from above (access is created by this cover when opened).
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) 3-5, 10-18, 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Iwamoto (U.S. Pat. No. 10,961,689) in view of Horii (U.S. Pub. No. 2023/0323629).
Regarding claim 3 which depends from claim 2, Iwamoto discloses wherein the front section comprises a first service door (19) of the plurality of service doors, the rear section comprises a second service door (23, 28) of the plurality of service doors, and the middle section comprises a third service door (21, 20) of the plurality of service doors, wherein: the first service door is spaced apart from the second service door via the third service door (shown in fig. 5); the first, second and third service doors do not overlap along the longitudinal direction of the tracked vehicle (shown in fig. 5 that the rear door is not as wide to overlap).
Iwamoto does not disclose that the service doors comprises hinges positioned towards a rear end of respective service door.
Horii, which deals in tracked vehicles, teaches comprises hinges positioned towards a rear end of respective service door (¶215 discloses that side door 43 is openable in a rearward direction requiring a rear hinge).
It would have been obvious to one having ordinary skill in the art at the time the invention was made to have modified Iwamoto with the opening of Horii because this is a known direction for side service doors to open in.
Regarding claim 4 which depends from claim 3, Iwamoto discloses wherein the first service door is configured to allow access to a first subset of power unit components, the second service door is configured to allow access to a second subset of power unit components, and the third service door is configured to allow access to a third subset of power unit components wherein:
the first subset comprises a plurality of refueling components and a plurality of electrical components (this would allow some access to those components);
the second subset comprises a plurality of filter (28e provides filtering) components and an external electrical connection (there are electrical wires that would provide a connection);
the third subset comprises one or more cooling system components (21 would allow some access to the cooling); and
each of the first, second, and third subsets are arranged for access via the first lateral side of the tracked vehicle when a corresponding service door is open (access is available).
Regarding claim 5 which depends from claim 4, Iwamoto discloses wherein each of the first, second, and third subsets of power unit components are arranged to fit within dimensions of a respective section of the power unit housing (the components fit).
Regarding claim 10, Iwamoto discloses a tracked vehicle, comprising: a chassis extending along a longitudinal direction of the tracked vehicle, the chassis comprising a plurality of frame members extending along the longitudinal direction; an operator cabin mounted atop the chassis; a power unit comprising a prime mover, wherein the power unit is mounted atop the chassis, wherein the power unit is housed within a housing; and a pair of track assemblies coupled to the chassis via the plurality of frame members, wherein each track assembly of the pair of track assemblies comprises an endless track disposed around a plurality of wheels (the limitations of this claim have been addressed above in claim 1), the plurality of wheels comprising a drive wheel (shown in fig. 1 left side of track) spaced apart from an end wheel (shown in fig. 1 right side of track) and a plurality of support wheels positioned between the drive wheel and the end wheel (shown in fig. 1), wherein: the housing comprises a plurality of service doors including a refueling service door, a filter service door, and a cooling system service door each configured to allow access to a respective subset of components of the power unit; and a front section of the housing is configured with a downsloping angle (the limitations of this claim have been addressed above in claim 1).
Iwamoto does not disclose that the power unit is extends behind and to a first lateral side of the operator cabin. Although the housing has a lip that extends.
Horii, which deals in tracked vehicles, teaches extends behind and to a first lateral side of the operator cabin (shown in fig. 6).
It would have been obvious to one having ordinary skill in the art at the time the invention was made to have modified Iwamoto with the extension of Horii because this allows for additional access from above (¶215).
Regarding claim 11 which depends from claim 10, Horii discloses wherein the refueling service door is configured to allow access to a first subset of components of the power unit, wherein the first subset comprises a plurality of filler necks for various fluid tanks, wherein the first subset of components is configured to fit within the front section of the housing (19 and 23 is the fuel tank and condenser which are located towards the front of the housing).
Regarding claim 12 which depends from claim 10, Iwamoto discloses the filter service door is included in a rear section of the housing, and the cooling system service door is included in a middle section of the housing, wherein the refueling service door, the filter service door, and the cooling system service door do not overlap (the doors are shown not to overlap and the doors give access to these components).
Horii, as addressed in claim 11 above, teaches wherein the refueling service door is included in the front section of the housing (43b is a refueling door).
Regarding claim 13 which depends from claim 11, Iwamoto discloses wherein the first subset of components of the power unit further comprises a plurality of electrical components, and the front section of the housing comprises a cutout with a recessed portion configured to allow top down access to at least a portion of the first subset of components (the covers do allow access to electrical components).
Regarding claim 14 which depends from claim 10, Iwamoto discloses wherein the filter service door is configured to allow access to a second subset of components of the power unit and the cooling system service door is configured to allow access to a third subset of components, wherein the second subset comprises a plurality of filters and the third subset comprises one or more cooling system components (access is granted with these doors).
Regarding claim 15 which depends from claim 10, Iwamoto discloses wherein the operator cabin comprises a windshield and an operator seat with a single seat position, wherein the windshield comprises a front facing aspect and a plurality of lateral facing aspects, wherein a first lateral facing aspect arranged on the first lateral side is configured to align with the downsloping angle of the front section of the housing of the power unit (shown in fig. 1 except for the seat which is disclosed in col. 5, lines 62-63 and has at least a single seat position).
Regarding claim 16, Iwamoto discloses a tracked vehicle, comprising: a chassis extending along a longitudinal direction of the tracked vehicle and comprising a frame, wherein the frame comprises a plurality of frame members, a first frame member arranged on a first lateral side and a second frame member arranged on a second lateral side; an operator cabin coupled to and positioned atop the chassis; a power unit comprising a prime mover and coupled to and positioned atop the chassis, wherein the power unit comprises a back portion positioned behind the operator cabin and a side portion positioned to the first lateral side of the operator cabin, and wherein the power unit is housed within an enclosure comprising a plurality of service doors arranged on the first lateral side of the enclosure and the enclosure is L-shaped to enclose the back portion and the side portion; and a pair of track assemblies coupled to the frame, wherein a first track assembly is coupled to the first frame member and a second track assembly is coupled to the second frame member, wherein each of the pair of track assemblies comprises an endless track disposed around a plurality of wheels, the plurality of wheels comprising: a drive wheel in a driving relationship with the prime mover; an end wheel spaced apart from the drive wheel along the longitudinal direction of the tracked vehicle; and a plurality of support wheels arranged between the drive wheel and the end wheel along the longitudinal direction and spaced apart from the end wheel; wherein: the plurality of service doors comprise a first service door configured as part of a front section of the enclosure, a second service door configured as part of a rear section of the enclosure, and a third service door configured as part of a middle section of the enclosure; each of the first, second, and third service doors are configured to allow access to a respective subset of power unit components; and the front section of the enclosure is downsloped with respect to the rear and middle sections (the limitations of this claim have been addressed above in claim 10).
Regarding claim 17 which depends from claim 16, Iwamoto discloses wherein the first service door is configured to allow access to a first subset of power unit components, the first subset of power unit components comprising components of a hydraulic system and a plurality of electrical components (the door allows access to electrical and hydraulic components).
Regarding claim 18 which depends from claim 16, Iwamoto discloses wherein the second service door is configured to allow access to a second subset of power unit components, the second subset of power unit components comprising a plurality of filters (28e is a filter that the door gives access to).
Regarding claim 20 which depends from claim 17, Iwamoto discloses wherein the first service door is irregularly shaped and configured to cover a cutout of the front section of the enclosure, wherein the cutout comprises a recessed portion configured to allow top down access to the first subset of power unit components (this limitation has been addressed above in claims 8 and 9).
Allowable Subject Matter
Claim 6 and 19 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: The claims are drawn to a multi-use construction vehicle with access doors to the various mechanical components. One of those doors has the condenser fixedly attached to the door and so moves with the door when the door is opened.
Response to Arguments
Applicant's arguments filed 12/10/25 have been fully considered but they are not persuasive.
Applicant argues on pages 11-14 that the power unit housing is not L-shaped. But as shown in fig. 1 of Iwamoto and shown below in figure 1 an L-shape can be seen.
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Figure 1 – taken from fig. 1 of Iwamoto
Applicant argues on pages 14-17 that the limitation of claim 10 and 16 requiring that the housing extend past the cab has not been addressed. Where the housing extends past the cab it is not disclosed that the power unit itself extends past the cab in Iwamoto and so has been addressed with a new rejection above.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GONZALO LAGUARDA whose telephone number is (571)272-5920. The examiner can normally be reached 8-5 M-Th Alt. F.
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GONZALO LAGUARDA
Primary Examiner
Art Unit 3747 email: gonzalo.laguarda@uspto.gov
/GONZALO LAGUARDA/Primary Examiner, Art Unit 3747