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 .
Claim Rejections - 35 USC § 103
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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-3, 6-10 and 13-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Steiger (US Pat. No. 4,287,961).
Regarding claim 1, Steiger discloses A support assembly for a radiator of a work machine, the radiator fluidly coupled to one or more heat sources of the work machine for heat transfer between the radiator and the one or more heat sources of the work machine, the support assembly comprising: a structure configured to support the radiator and pivotally move with respect to a main frame of the work machine to facilitate a swinging movement (via hinge 22) of the radiator between a first position and a second position, wherein the swinging movement is facilitated along a plane, P, defined by a longitudinal axis disposed along a length, L, of the work machine and by a transverse axis disposed along a width, W, of the work machine, and in the second position, the radiator clears a path, M, (at least fig 2) for accessing or removing a power source from the work machine without having to disconnect the radiator from the one or more heat sources of the work machine (see annotated fig below).
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It is noted that the limitation “for accessing or removing a power source from the work machine without having to disconnect the radiator from the one or more heat sources of the work machine” is structured as intended use.
However, Steiger discloses the radiator grill “hinged to the body to permit ready access to the engine compartment” (see Abstract).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have a battery in the engine compartment as is common practice in the field such that swinging the access door would provide access for accessing or removing a power source from the work machine without having to disconnect the radiator from the one or more heat sources of the work machine. This would make repairs and replacement less cumbersome and save time.
Regarding claim 2, Steiger makes obvious further including: a hinge mechanism including a first bracket and one or more hinge pins, the first bracket being immovably couplable to the main frame, the one or more hinge pins configured to be engaged with the first bracket and the structure such that the one or more hinge pins define a common hinge axis about which the structure executes a pivotal movement to facilitate the swinging movement of the radiator between the first position and the second position (hinge 22 of fig 2).
Regarding claim 3, Steiger makes obvious further including: a locking mechanism including a second bracket and one or more locking pins, the second bracket being immovably couplable to the main frame, the one or more locking pins configured to be engaged with the second bracket and the structure to retain the radiator in the first position (see annotated fig below).
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Regarding claim 6, Steiger makes obvious wherein, in the first position, the radiator operates in a normal working state to perform heat transfer between the radiator and the one or more heat sources of the work machine (Abstract, col 1, lines 6-36).
Regarding claim 7, Steiger makes obvious wherein the power source is an electrical power source (wherein the battery discussed above is a well-known electrochemical power source).
Regarding claim 8, Steiger makes obvious A work machine, comprising: a main frame; an implement operably coupled to the main frame; a power source to power one or more functions of the work machine; a radiator fluidly coupled to one or more heat sources of the work machine for heat transfer between the radiator and the one or more heat sources; and a support assembly for the radiator, the support assembly including: a structure to support the radiator and pivotally move with respect to the main frame to facilitate a swinging movement of the radiator between a first position and a second position, wherein the swinging movement is facilitated along a plane, P, defined by a longitudinal axis disposed along a length, L, of the work machine and by a transverse axis disposed along a width, W, of the work machine, and in the second position, the radiator clears a path, M, for accessing or removing the power source from the work machine without having to disconnect the radiator from the one or more heat sources of the work machine (see discussion of claim 1 above).
Regarding claim 9, Steiger makes obvious further including: a hinge mechanism including a first bracket and one or more hinge pins, the first bracket being immovably coupled to the main frame, the one or more hinge pins being engaged with the first bracket and the structure such that the one or more hinge pins define a common hinge axis about which the structure executes a pivotal movement to facilitate the swinging movement of the radiator between the first position and the second position (see discussion of claim 2 above).
Regarding claim 10, Steiger makes obvious further including: a locking mechanism including a second bracket and one or more locking pins, the second bracket being immovably coupled to the main frame, the one or more locking pins being engaged with the second bracket and the structure to retain the radiator in the first position (see discussion of claim 3 above).
Regarding claim 13, Steiger makes obvious wherein, in the first position, the radiator operates in a normal working state to perform heat transfer between the radiator and the one or more heat sources of the work machine (see discussion of claim 6 above).
Regarding claim 14, Steiger makes obvious wherein the power source is an electrical power source (see discussion of claim 7 above).
Claim(s) 1-4, and 8-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tan (CN 109296443) [provided by Applicant].
Regarding claim 1, Tan (similar to Steiger above) discloses A support assembly for a radiator of a work machine, the radiator fluidly coupled to one or more heat sources of the work machine for heat transfer between the radiator and the one or more heat sources of the work machine, the support assembly comprising: a structure configured to support the radiator and pivotally move with respect to a main frame of the work machine to facilitate a swinging movement of the radiator between a first position and a second position, wherein the swinging movement is facilitated along a plane, P, defined by a longitudinal axis disposed along a length, L, of the work machine and by a transverse axis disposed along a width, W, of the work machine, and in the second position, the radiator clears a path, M, for accessing or removing a power source from the work machine without having to disconnect the radiator from the one or more heat sources of the work machine (at least Abstract, figs 1 and 2).
As with Steiger above, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have a battery in the engine compartment as is common practice in the field such that swinging the access door would provide access for accessing or removing a power source from the work machine without having to disconnect the radiator from the one or more heat sources of the work machine. This would make repairs and replacement less cumbersome and save time.
Regarding claims 2-4, Tan makes obvious further including: a hinge mechanism including a first bracket and one or more hinge pins, the first bracket being immovably couplable to the main frame, the one or more hinge pins configured to be engaged with the first bracket and the structure such that the one or more hinge pins define a common hinge axis about which the structure executes a pivotal movement to facilitate the swinging movement of the radiator between the first position and the second position (see hinges 9 of fig 1); further including: a locking mechanism (3, fig 2) including a second bracket and one or more locking pins, the second bracket being immovably couplable to the main frame, the one or more locking pins configured to be engaged with the second bracket and the structure to retain the radiator in the first position (figs 1-3); wherein the locking mechanism further includes a mounting frame (2) configured to be coupled to the main frame and provide a mounting surface for the radiator in the first position of the radiator (at least fig 2).
Regarding claims 8-11, Tan makes obvious A work machine, comprising: a main frame; an implement operably coupled to the main frame; a power source to power one or more functions of the work machine; a radiator fluidly coupled to one or more heat sources of the work machine for heat transfer between the radiator and the one or more heat sources; and a support assembly for the radiator, the support assembly including: a structure to support the radiator and pivotally move with respect to the main frame to facilitate a swinging movement of the radiator between a first position and a second position, wherein the swinging movement is facilitated along a plane, P, defined by a longitudinal axis disposed along a length, L, of the work machine and by a transverse axis disposed along a width, W, of the work machine, and in the second position, the radiator clears a path, M, for accessing or removing the power source from the work machine without having to disconnect the radiator from the one or more heat sources of the work machine (see discussion of claim 1 above); further including: a hinge mechanism including a first bracket and one or more hinge pins, the first bracket being immovably coupled to the main frame, the one or more hinge pins being engaged with the first bracket and the structure such that the one or more hinge pins define a common hinge axis about which the structure executes a pivotal movement to facilitate the swinging movement of the radiator between the first position and the second position (see discussion of claim 2 above); further including: a locking mechanism including a second bracket and one or more locking pins, the second bracket being immovably coupled to the main frame, the one or more locking pins being engaged with the second bracket and the structure to retain the radiator in the first position (see discussion of claim 3 above); wherein the locking mechanism further includes a mounting frame coupled to the main frame and provide a mounting surface for the radiator in the first position of the radiator (see discussion of claim 4 above).
Allowable Subject Matter
Claims 5 and 12 are 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 prior art does not appear to teach or fairly suggest at this time The support assembly of claim 1 further including a resting unit configured to be immovably coupled with respect to the main frame and provide a resting surface for the radiator in the second position of the radiator; or The work machine of claim 8 further including a resting unit immovably coupled with respect to the main frame and provide a resting surface for the radiator in the second position of the radiator.
Conclusion
Please note that Zhou ‘935 provided by Applicant also discloses such hinge pin arrangements for pivoting a radiator adjacent an engine compartment.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACOB B MEYER whose telephone number is (571)270-3535. The examiner can normally be reached Monday - Friday 9-7.
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JACOB B. MEYER
Primary Examiner
Art Unit 3613
/JACOB B MEYER/ Primary Examiner, Art Unit 3613