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.
Claim(s) 1 – 4, 7, 8, 10 – 12, 15, 16, and 18 - 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vitale et al. U.S. 2016/0272101 (“Vitale”) in view of Vincan et al. U.S. 2022/0332237 (“Vincan”). Vitale discloses a haul truck (abstract), comprising:
a frame (48);
a traction system (paragraph [0021] for moving the frame;
an access platform [0033] coupled to the frame;
a truck bed (50) having a canopy (fig. 2) extending over the access platform;
an antenna support structure (fig. 2) arranged on the access platform, the antenna support structure extending upward to support a GNSS receiver [0055] positioned proximate a front of the canopy (fig. 2); and
a protective barrier (56) coupled to the canopy and positioned towards the front of the canopy and positioned to deflect objects from striking the GNSS. Vitale does not directly disclose the material of the protective barrier. Vincan teaches a non-metallic protective barrier [0007]. One of ordinary skill in the art prior to the effective filing date of the claimed invention would find modifying Vitale such that it comprised the protective barrier to have a material of high stiffness and strength, corrosion resistance, and with reduced weight in comparison to steel [0007].
In reference to claims 2 – 4, 7, and 8 Vitale in view of Vincan further discloses [[claim 2]] wherein the non-metallic protective barrier extends beyond an outer edge of the canopy (Vitale 50) so as to be positioned over a top of the GNSS receiver (fig. 2);
[[claim 3]] wherein the non-metallic protective barrier is coupled between first and second braces (left and right, fig. 1 of Vincan) attached to the front of the canopy;
[[claim 4, dependent upon claim 3]] further including first and second support members (left and right, fig. 2A and fig. 3A) which are attached to an upper end of the first and second braces and attached to the canopy (as modified);
[[claim 7]] wherein the non-metallic protective barrier includes a polycarbonate panel (Vincan [0008])
[[claim 8]] wherein the non-metallic protective barrier has an angle (about zero) relative to the canopy of between 0 degrees to 90 degrees (when extending from canopy 50, Vitale fig. 1).
In reference to claim 10, Vitale discloses a canopy extension (56) for a haul truck (abstract), the canopy extension comprising:
a protective barrier (56) coupled to a canopy of the haul truck (50) and positioned towards a front of the canopy (fig. 2) and positioned to deflect objects from striking a GNSS receiver (32), which is positioned outside of a coverage of the canopy (canopy ending at curvature prior to 32). Vitale does not directly disclose the material of the protective barrier. Vincan teaches a non-metallic protective barrier [0007]. One of ordinary skill in the art prior to the effective filing date of the claimed invention would find modifying Vitale such that it comprised the protective barrier to have a material of high stiffness and strength, corrosion resistance, and with reduced weight in comparison to steel [0007].
In reference to claims 11 – 13, 15, and 16, Vitale in view of Vincan further discloses [[claim 11]] wherein the non-metallic protective barrier extends beyond an edge of the canopy (at curvature) so as to be positioned over a top of the GNSS receiver (fig. 2);
[[claim 12]] wherein the protective barrier is coupled between first and second braces (Vincan left and right attachment) attached to the canopy;
[[claim 13]] further including first and second support members (left and right support of 206) which are attached to an upper end of the first and second braces (left and right hook at 302, fig. 3A) and attached to the canopy (center 206);
[[claim 15]] wherein the protective barrier includes a polycarbonate panel [0007];
[[claim 16]] wherein the non-metallic protective barrier has an angle relative to the canopy of between 0 degrees to 90 degrees (about 65 degrees, fig. 1A of Vincan).
In reference to claims 18 – 20, Vitale discloses a method of protecting (abstract) a GNSS receiver (32) mounted on a haul truck (abstract), the method comprising:
providing a protective barrier (56); and
mounting the non-metallic protective barrier towards a front of a canopy of
the haul truck (50) to provide a canopy extension (fig. 2) positioned to deflect objects from
striking a GNSS receiver (32) which is positioned proximate the front of the canopy (fig. 2). Vitale does not directly disclose the material of the protective barrier. Vincan teaches a non-metallic protective barrier [0007]. One of ordinary skill in the art prior to the effective filing date of the claimed invention would find modifying Vitale such that it comprised the protective barrier to have a material of high stiffness and strength, corrosion resistance, and with reduced weight in comparison to steel [0007].
In reference to claims 19 and 20, Vitale in view of Vincan further discloses [[claim 19]] wherein the non-metallic protective barrier (206) is coupled to the canopy (302) and extends beyond an edge of the canopy so as to be positioned over a top of the GNSS receiver (as modified, see fig. 2 Vitale 32); and [[claim 20]], wherein the non-metallic protective barrier is coupled between first and second braces (left and right of 206) attached to the canopy.
Claim(s) 5, 6, and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vitale in view of Vincan as applied to claims 1 and 10 above, and further in view of Karami et al. U.S. 2014/0175834 (“Karami”). Vitale as modified does not disclose [[claims 5 and 14]] the non-metallic protective barrier to include a flexible mesh material. Karami teaches a non-metallic protective barrier to include a flexible mesh material [0003]. Karami further teaches [[claim 6]] the non-metallic protective barrier includes a cargo net (mesh portion). One of ordinary skill in the art prior to the effective filing date of the claimed invention would find modifying Vitale in view of Vincan such that it comprised the non-metallic protective barrier to include a flexible mesh material in view of the teachings of Karami obvious so as to prevent passage of stones and the like falling from the bucket, but ensuring visibility for work above the cab [0003].
Allowable Subject Matter
Claims 9 and 17 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 an examiner’s statement of reasons for allowance: Prior art references do not disclose or teach a haul truck comprising, inter alia, a frame; an access platform coupled to the frame; a truck bed having a canopy extending over the access platform; a non-metallic protective barrier coupled to the canopy; the non-metallic barrier having an angle relative to the canopy at about 45 degrees. The closest prior art discloses the protective barrier at zero-degrees relative to the canopy as an extension of the canopy.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KAREN BECK whose telephone number is (571)272-6212. The examiner can normally be reached Monday - Thursday from 8:30AM - 4:00PM.
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KAREN BECK
Primary Examiner
Art Unit 3614
/KAREN BECK/Primary Examiner, Art Unit 3614