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 .
DETAILED ACTION
This is a response to an amendment filed November 12th, 2025. By the amendment claims 1-20 are pending with claims 1, 6, 8-11, 13, 16, and 19 being amended.
Claim Rejections - 35 USC § 112
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 13-20 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.
Claim 13 is rendered indefinite for disclosing “receive command inputs from an operator that correspond to target movements of the lift arm along a non-radial lift path: and in response to the operator input selecting the radial lift mode.” It is unclear how non-radial movements indicate a radial lift mode. This claim will be interpreted as if it read “target movements of the lift arm along a radial lift path.”
Claim 16 is rendered indefinite for reciting “wherein, relative to a front-to-back direction defined by the main frame, the first end of the lift actuator is positioned forward of the second end of the lift actuator and rearward of the first end of the extension actuator.” The specification has the same typos that the previous version of the claim had (P009) and Fig. 8 of the drawings show the first end of the lift actuator (372) as the forwardmost point of the device (if no implement is attached).
Claims 14-15 and 17-20 are rejected by virtue of their dependencies
Claim Rejections – 35 USC § 102
Claim(s) 1-7, 9-15, and 17-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wu et al. (US 10501910 B2), hereafter Wu.
With regards to claim 1, Wu discloses a loader (work vehicle 10) comprising: a main frame (28); a lift arm structure (lift assembly 36) coupled to the main frame and moveable between a fully-lowered position and a fully-raised position, the lift arm structure including a lift arm (loader arms 38, 40) pivotally supported relative to the main frame and actuators arranged to move the lift arm structure between the fully-lowered and fully-raised positions (lift cylinders 62); and a control system (100) including an electronic controller (102) configured to receive command inputs that indicate target movements of the lift arm and to provide corresponding outputs to control the one or more actuators; wherein the electronic controller is configured to selectively operate in a radial lift mode, in which the control system controls the actuators based on the command inputs to move the lift arm along a radial lift path (Col, 7, L39-45), and in a non-radial lift mode, in which the control system controls the actuators based on the command inputs to move the lift arm along a non-radial lift path (Col. 7, L45-50).
With regards to claim 2, Wu discloses all the elements of claim 1 as outlined above. Wu further discloses wherein the lift arm includes an implement pivot point (pivot point 50) at a first end that is configured to support an implement (12), and the lift arm structure includes a connecting link that pivotally supports the lift arm relative to the frame (control arms 42, 44) wherein the actuators include a lift actuator (cylinders 62) pivotally secured to the lift arm (Col. 5, L31-33), and an extension actuator (cylinders 74) pivotally secured to the connecting link; and wherein the electronic controller is configured to control the lift actuator and the extension actuator collectively, to move the implement pivot point of the lift arm to any point within a lift envelope of the lift arm (Col. 5, L14-16), the lift envelope being defined by a plurality of bounds (bounded area 82).
With regards to claim 3, Wu discloses all the elements of claim 2 as outlined above. Wu further discloses wherein the bounds include a plurality of: a retracted bound defined by a first path of the implement pivot point as the lift actuator moves between a fully-extended position and fully-retracted position with the extension actuator at a first extension length (boundary line 84); an extended bound defined by a second path of the implement pivot point arm as the lift actuator moves between the fully-extended and fully-retracted positions with the extension actuator at a second extension length (boundary line 86); a lower bound defined by a third path of the implement pivot point as the extension actuator moves between a fully-extended position and a fully-retracted position with the lift actuator at a first lift length (boundary line 83); and an upper bound defined by a fourth path of the lift arm as the extension actuator moves between the fully-extended and fully-retracted positions with the lift actuator at a second lift length (boundary line 85).
With regards to claim 4, Wu discloses all the elements of claim 3 as outlined above. Wu further discloses wherein at least part of the retracted bound is defined with the first extension length of the extension actuator being a minimum arm-extension length of the extension actuator (Col. 6, L56-60).
With regards to claim 5, Wu discloses all the elements of claim 4 as outlined above. Wu further discloses wherein at least part of the extended bound is defined with the second extension length of the extension actuator being a maximum arm-extension position of the extension actuator (Col. 6, L51-55).
With regards to claim 6, Wu discloses all the elements of claim 1 as outlined above. Wu further discloses wherein, for a given extension of the lift actuator, movement of the extension actuator between fully-extended and fully-retracted positions moves the implement pivot point along a corresponding extension path within the lift envelope (Col. 6, L27-32); and wherein different extensions of the lift actuator provide different curvature, respectively, for the corresponding extension paths (Fig. 1).
With regards to claim 7, Wu discloses all the elements of claim 1 as outlined above. Wu further discloses wherein, for a given extension of the extension actuator, movement of the lift actuator between the fully-extended and fully-retracted positions moves the implement pivot point along a corresponding lift path within the lift envelope (Col. 6, L46-51); and wherein different extensions of the extension actuator provide different curvature, respectively, for the corresponding lift paths (Fig. 1).
With regards to claim 9, Wu discloses all the elements of claim 1 as outlined above. Wu further discloses wherein the electronic control system is configured to control the lift actuator and the extension actuator concurrently to selectively move the implement pivot point along a vertical direction and along a horizontal direction (Col. 11, L64-Col. 12, L1).
With regards to claim 10, Wu discloses a method of operating a loader (Abstract), the method comprising: receiving, at an electronic controller, command inputs that indicate target movements of a lift arm (Col. 11, L64-Col. 12, L1, loader arms 38,40), the lift arm being pivotally supported (via pivot point 68) relative to a main frame of the loader and being included in a lift arm structure (lift assembly 36), that further includes actuators arranged to move the lift arm structure between a fully-lowered position and fully-raised position (lift cylinders 62), and selectively controlling the actuators, with the electronic controller: in a radial lift mode, in which the actuator are controlled based on the command inputs to move the lift arm along a radial lift path (Col, 7, L39-45); and in a non-radial lift mode, in which the actuators are controlled based on the command inputs to move the lift arm along a non-radial lift path (Col. 7, L45-50).
With regards to claim 11, Wu discloses all the elements of claim 10 as outlined above. Wu further discloses wherein the lift arm structure further includes a connecting link (control arms 42, 44) pivotally coupled to a main frame of the loader and to the lift arm to pivotally support the lift arm relative to the main frame.
With regards to claim 12, Wu discloses all the elements of claim 11 as outlined above. Wu further discloses wherein the actuators include a lift actuator (cylinders 62) pivotally coupled to the lift arm (Col. 5, L31-33), and an extension actuator (cylinders 74) pivotally coupled to the connecting link, and wherein selectively controlling the actuators includes: moving the lift actuator between a retracted position and an extended position to pivot the lift arm relative to the connecting link and moving the extension actuator between a retracted position and an extended position to pivot the connecting link relative to the main frame (Col 11, L64-Col. 12, L1).
With regards to claim 13, Wu discloses a loader (work vehicle 10) comprising: a main frame (chassis 28), tractive elements (wheels 24, 26) supported by the main frame; and a lift arm structure (lift assembly 36) coupled to the main frame and moveable between a fully-lowered position and a fully-raised position along radial and non-radial lift paths (Col. 7, L39-50), the lift arm structure including: a lift arm (loader arms 38,40) having a first end (at pivot point 50) positioned forward of a second end (pivot point 52) when the lift arm is in the fully-lowered position, the first end of the lift arm defining a pivot connection for an implement (Fig. 1), and a connecting link (control arms 42, 44) having a first end pivotally coupled to the main frame at a connecting link pivot point (pivot point 58), and a second end pivotally coupled at the second end of the lift arm at a lift arm pivot point (pivot point 52); a lift actuator (cylinders 62) configured to pivot the lift arm about the lift arm pivot point relative to the main frame and the connecting link; and an extension actuator (cylinders 74) configured to pivot the connecting link about the connecting link pivot point to move the connecting link and the lift arm relative to the main frame; and a control system including an electronic controller configured to: receive an operator input selecting a lift mode from among a plurality of lift modes that include a radial lift mode and anon-radial lift mode (Col. 10, L25-29): receive command inputs from an operator that correspond to target movements of the lift arm along a radial lift path (Col. 10, L34-37): and in response to the operator input selecting the radial lift mode, providing outputs corresponding to the command inputs, to control one or more of the lift actuator or the extension actuator to move the lift arm along a radial lift path (Col. 10, L29-34).
With regards to claim 14, Wu discloses all the elements of claim 13 as outlined above. Wu further discloses herein the lift actuator is pivotally coupled at a first end (pivot point 66) to one of the main frame or the connecting link and at a second end (pivot point 68) to the lift arm the lift actuator being configured to move between a retracted position and an extended position to pivot the lift arm about the lift arm pivot point to move the implement relative to the main frame (Col. 5, L49-54); and wherein the extension actuator is pivotally coupled at a first end (pivot point 80 ) to the main frame and pivotally coupled at a second end to the connecting link (pivot point 52), the extension actuator being configured to move between a retracted position and an extended position to pivot the connecting link about the connecting link pivot point and thereby move the lift arm relative to the main frame (Col. 5, L67-Col. 6, L7).
With regards to claim 15, Wu discloses all the elements of claim 14 as outlined above. Wu further discloses wherein the connecting link pivot point is at a lower height on the main frame than one or more of the first end of the lift actuator or the first end of the extension actuator (Fig 1).
With regards to claim 19, Wu discloses all the elements of claim 14 as outlined above. Wu further discloses wherein, with the lift arm in the fully-lowered position, the first end of the lift actuator and the first end of the extension actuator are pivotally secured to the frame at below the lift arm (Fig. 1).
With regards to claim 20, Wu discloses all the elements of claim 19 as outlined above. Wu further discloses wherein the second end of the extension actuator is positioned rearward of the second end of the lift actuator when the lift arm is in the fully-lowered position (Fig. 1).
Claim Rejections - 35 USC § 103
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wu.
With regards to claim 17, Wu discloses all the elements of claim 14 as outlined above. Wu further discloses wherein the first end of the extension actuator is positioned relative to a front-to-back direction defined by the main frame, in front of the first end of the lift actuator (Fig 1). Wu does not directly disclose wherein the first end of the extension actuator is positioned at a lower height than the first end of the lift actuator. However, this is considered obvious to try since there are only three distinct possibilities, lower, higher, same height depending in order to optimize the lift path for whatever material is being lifted (MPEP 2143.I.E.)
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wu as applied to claim 2 above, and further in view of Bellows et al. (US 10844572), hereafter Bellows.
With regards to claim 8, Wu discloses all the elements of claim 2 as outlined above. Wu does not disclose wherein the electronic control system is configured define an operational envelope within and smaller than the lift envelope, the operational envelope including a plurality of lift paths: and restrict movement of the implement pivot point to the operational envelope.
However, Bellows discloses controlling a lift arm pivot point (stick pin) to an operational envelope smaller than a lift envelope (Col. 33, L65-Col. 34 L3). It would have been obvious to a person with ordinary skill in the art before the effective filing date of the invention to have an operational envelope that is smaller than a lift envelope as disclosed by Bellows for the loader disclosed by Wu in order to prevent the loader from tipping over due to weight distribution.
Examiner’s Comment
Although claim 16 has not been rejected with prior art, due to the extent of the 112b issue, patentability could not be determined.
Response to Arguments
The applicant’s arguments with respect to Wu not disclosing modes is not persuasive. The claim does not require repeatability. Each predetermined path can be considered a mode. With regards to now amended claim 8 are moot. New grounds of rejection are outlined above.
Allowable Subject Matter
Claim 18 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Claim 18 would be allowable for disclosing “wherein, relative to a vertical direction, the second end of the extension actuator is at a lower height than the second end of the lift actuator for any position of the lift arm structure between the fully-lowered position and the fully-raised position.”
As outlined above Wu discloses a connecting link. There is no teaching or suggestion in the prior art of having the connecting link and the actuators be arranged in the manner recited in the claim.
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.
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/J.L.B./Examiner, Art Unit 3653
/MICHAEL MCCULLOUGH/Supervisory Patent Examiner, Art Unit 3653