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
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 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Claas [US Pat # 7975793] in view of Anderson [US Pat # 6,293,364].
Regarding Claim 1: Claas a stand-on utility machine comprising:
a frame (14) having a front end and a rear end;
a skid steer drive assembly (10) operably coupled to the prime mover;
a plurality of ground engaging elements (16) supporting the frame with respect to a ground surface, the ground engaging elements (16) being operable under the influence of the skid steer drive assembly (10) to move the utility machine over the ground surface;
an operator interface (joysticks J1, J2) positioned on top of a control tower (the panel);
an operator platform (38) coupled to the frame (14) and configured to support an operator so the operator interface (J1, J2) is accessible by the operator standing on the platform, a portion of the operator platform (38) being rearward a portion of the ground engaging elements (16); and
a cab (12) removably coupled to the frame (14) proximate the operator interface, the cab (12) being movable between an operating position and one or more of a storage position or a transportation position.
Claas does not explicitly show a prime mover attached by the frame Anderson shows a prime mover (560) supported by the frame.
It would have been obvious to someone having ordinary skill in the art at the time of the effective filling date to have provided the vehicle in Claas with prime mover to power the vehicle and control its movement.
Regarding claim 2: Claas shows wherein the cab (12) is in an upright position to shelter the operator standing on the operator platform (“…The operator cab 12 also includes a one-piece foot pod 38 that provides a recess for the operator to place his or her feet when seated or standing in the cockpit 36….”) from wind and precipitation when the cab (12) is in the operating position, and wherein the cab spans a majority of an overall length of the machine in the storage position or the transportation position.
Regarding claim 3: Claas shows wherein the cab (12) includes a support frame (28), Claas does not show and an enclosure coupled to the support frame, and a plurality of brackets configured to couple the support frame to the machine. However, Anderson shows an enclosure (90) coupled to the support frame, and a plurality of brackets (590, 650) configured to couple the support frame to the machine.
It would have been obvious to someone having ordinary skill in the art at the time of the effective filling date to have used enclosure to connected the sides of the cab and use the plurality of brackets to securely fix the cab to the vehicle.
Regarding claim 4: Claas shows wherein the support frame (28) defines a three-dimensional structure having at least six sides.
Regarding claim 5: Claas shows wherein the enclosure (see fig 2) is coupled to four sides of the support frame (28) such that a first opening and a second opening are formed in the cab (12).
Regarding claim 6: Class shows, wherein the first opening and the second opening are oriented on adjacent faces of the three-dimensional structure of the support frame (see fig 2).
Regarding claim 7: Claas shows wherein the enclosure includes a first panel, a second panel, a third panel opposite the first opening and extending between the first and second panels, and a fourth panel opposite the second opening and extending between the first and second panels (30, 32, 32, 34).
Regarding claim 8: Claas shows wherein the first opening is positioned adjacent the operator platform (38) and the second opening is positioned adjacent the operator interface (J1, J2) when the cab is in the operating position.
Regarding claim 9: Claas shows wherein the first opening (see fig 4, the bottom opening) spans at least partially between the front end and the rear end so the third panel (30) encloses a top portion the fourth panel (32) is positioned proximate the front end of the machine, and the second opening is positioned adjacent the operator interface when the cab (12) is in the storage position or the transportation position. Claas does not show third panel encloses the top portion of the prime mover, However Anderson shows third panel encloses () the top portion of the prime mover.
It would have been obvious to someone having ordinary skill in the art at the time of the effective filling date to have provided the third panel to enclose the prime mover to protect the prime mover,
Regarding claim 10: Claas does not show wherein the prime mover is an internal combustion engine, and wherein a fuel tank is supported by the frame and configured to provide fuel to the internal combustion engine. However, Anderson shows the prime mover (560) is an internal combustion engine, and wherein a fuel tank is supported by the frame and configured to provide fuel to the internal combustion engine.
It would have been obvious to someone having ordinary skill in the art at the time of the effective filling date to have provided the vehicle in Claas with prime mover to power the vehicle and control its movement.
Regarding claim 11: Claas show further comprising an implement support assembly (20) coupled to the frame and supported in front of the ground engaging elements, and wherein the implement support assembly (20) is configured to removably receive an implement.
Regarding claim 12: Claas shows a stand-on utility machine comprising:
a frame (14) having a front end and a rear end;
a plurality of ground engaging elements (16) supporting the frame (14) with respect to a ground surface, the ground engaging elements (16) being operable under the influence of the prime mover to move the utility machine over the ground surface;
an operator interface (J1, J2) positioned on top of a control tower;
an operator platform (38) coupled to the frame (14) and configured to support an operator so the operator interface (J1, J2) is accessible by the operator standing on the platform, a portion of the operator platform being rearward a portion of the ground engaging elements; and
a cab (12) removably coupled to the frame proximate the operator interface, the cab (12) being movable between a first position.
where a first height is defined between the operator platform (38) and an uppermost portion of the cab (12) and a second position where a second height is defined between the uppermost portion of the cab and the operator platform (38), wherein the second height is less than the first height (seethe cab position is figure 2 and the cab position in figure 3).
Claas does not explicitly show a prime mover attached by the frame Anderson shows a prime mover (560) supported by the frame.
It would have been obvious to someone having ordinary skill in the art at the time of the effective filling date to have provided the vehicle in Claas with prime mover to power the vehicle and control its movement.
Regarding claim 13: Claas shows the cab (12) includes a support frame (28), and an enclosure coupled to the support frame, Claas does not show a plurality of brackets configured to couple the support frame to the machine, However Anderson shows a plurality of brackets (590, 650) configured to couple the support frame to the machine.
It would have been obvious to someone having ordinary skill in the art at the time of the effective filling date to have used the plurality of brackets to securely fix the cab to the vehicle.
Regarding claim 14: Claas shows wherein the support frame (28) defines a three-dimensional structure having at least six sides.
Regarding claim 15: Claas shows wherein the enclosure is coupled to four sides of the support frame such that a first opening and a second opening is formed in the cab (12).
Regarding claim 16: Claas shows wherein the enclosure includes a first panel, a second panel, a third panel opposite the first opening and extending between the first and second panels, and a fourth panel opposite the second opening and extending between the first and second panels (30, 32, 32, 34).
Regarding claim 17: Claas shows wherein the first opening is positioned adjacent the operator platform (38) and the second opening is positioned adjacent the operator interface when the cab is in the first position.
Regarding claim 18: Claas shows wherein the first opening (see fig 4, the bottom opening) spans at least partially between the front end and the rear end so the third panel (30) encloses a top portion the fourth panel (32) is positioned proximate the front end of the machine, and the second opening is positioned adjacent the operator interface when the cab (12) is in the storage position or the transportation position. Claas does not show third panel encloses the top portion of the prime mover, However Anderson shows third panel encloses the top portion of the prime mover.
It would have been obvious to someone having ordinary skill in the art at the time of the effective filling date to have provided the third panel to enclose the prime mover to protect the prime mover,
Regarding claim 19: Claas shows a stand-on utility machine comprising:
a frame (14) having a front end and a rear end;
a ground engaging element (16) coupled to the frame and supporting the frame with respect to a ground surface;
a plurality of ground engaging elements (16) supporting the frame with respect to a ground surface;
an operator interface (J1, J2) positioned on top of a control tower;
an operator platform (10) coupled to the frame and configured to support an operator so the operator interface (10) is accessible by the operator standing on the platform; and
a cab (12) coupled to the frame proximate the operator interface (J1, J2), the cab defining a roof that extends at least partially over the operator platform.
Claas does not explicitly show a prime mover attached by the frame Anderson shows a prime mover (560) supported by the frame.
It would have been obvious to someone having ordinary skill in the art at the time of the effective filling date to have provided the vehicle in Claas with prime mover to power the vehicle and control its movement.
Regarding claim 20: Claas shows wherein the cab further comprises
a support frame (28) defining a three-dimensional structure having at least six sides (see fig 2), Claas does not show an enclosure coupled to at least four sides of the support frame, a plurality of brackets configured to removably couple the support frame to the machine However Anderson shows an enclosure (90) coupled to at least four sides of the support frame, a plurality of brackets configured to removably couple the support frame to the machine.
It would have been obvious to someone having ordinary skill in the art at the time of the effective filling date to have used enclosure to connected the sides of the cab and use the plurality of brackets to securely fix the cab to the vehicle.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZAKARIA ELAHMADI whose telephone number is (571)270-5324. The examiner can normally be reached on M-F 10-6 EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Minnah Seoh can be reached on 571-270-7778. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ZAKARIA ELAHMADI/
Examiner, Art Unit 3618