The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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.
Claims 1-4 are 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.
In claim 1, lines 21 and 24, and claim 4, lines 12 and 15, absent any spatial relationship being set forth, it is unclear what is meant by and relative to what the recitations “forward” and “rearward” refer. It is assumed this was intended to refer to a direction of travel of the forklift, but this should be clarified.
Claims 1-4 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter: the closest prior art is JP 2022-174514, which discloses a forklift having a fork with an insertion portion for insertion into an insertion opening of a pallet, a tilt cylinder, a lift cylinder, a pressure sensor to detect an internal pressure of the lift cylinder, and processing circuitry that executes a process of lowering the fork, next tilting the fork forward, and then pulling out the insertion portion from the insertion opening of the pallet, generally as set forth in claims 1 and 4, but does not further disclose a contact sensor for detecting if the insertion portion is in contact with a first (upper) defining surface of the insertion opening, wherein lowering the fork involves determining that the insertion portion has separated from the first defining surface, and wherein the process further involves tilting the fork rearward after tilting the fork forward.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Myers discloses a fork leveling system to ensure a fork insertion portion of a fork can be properly inserted into an insertion opening of a pallet. Koide and Kato each disclose a forklift and method of control thereof, generally similar to that of applicant, but lack a pressure sensor.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to James Keenan whose telephone number is (571)272-6925. The examiner can normally be reached Mon. - Thurs.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ernesto Suarez can be reached at 571-270-5565. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/James Keenan/
Primary Examiner
Art Unit 3652
2/17/26