DETAILED ACTION1
REJECTIONS UNDER 35 USC 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. 11,168,671 to Aitken.
Claim 1 recites a power machine. The term power machine is quite broad. Applicant’s specification explicitly defines that it is “any type of machine that generates power to accomplish a particular task” and distinguishes it from the narrower sub-class of work vehicles. Aitken relates to a portable crane with a portable frame. Such a device is a power machine. Examiner suggests amending claim 1 to explicitly recite a work vehicle. The rejection below has been kept brief, as it will become moot upon such an amendment.
Aitken teaches the crane has a power source in the form of a generator inside of a base frame (114). See Aitken col. 5, ll. 5-15 and 53-67, & Fig. 2. Aitken further teaches a bridge frame (2) removably secured to the base frame (114). See Aitken Figs. 2-3 and col. 6, ll. 20-36. But figure 2 shows that the base frame supports the power source relative to the bridge frame because the generator is inside frame (114).
Claim 1 recites that the bridge frame supports both one or more workgroup actuators and one or more tractive assemblies, including one or more drive actuators. The word tractive may be defined as ‘relating or denoting the power exerted in pulling by a machine.’ While applicant’s intended embodiment relates to wheels and treads for moving a vehicle, this broad definition can also refer to the winch system of a crane. Examiner defines the winch and cable (15) system of Aitken as the tractive system including a drive actuator in the form of winch motor (14). See Aitken col. 5, ll. 15-45 and Fig. 20. This winch motor is mounted to the bridge frame and not to the base frame. Id. The hydraulic boom (5) and swivel (4) are powered by a hydraulic system (12) defined to be the workgroup actuator. Id. Regarding claim 2, the boom arm and swivel together form a lift arm structure pivotally supported on the bridge frame relative to the base frame. They further anticipate claim 3 because the hydraulic system (12) powers a lift arm actuator arranged to move the lift arm structure relative to the bridge and base frames; and wherein the at least one lift arm actuator is pivotally supported by the bridge frame and the lift arm structure. Id. Regarding claim 4, the various hydraulic cylinders (8) may also be defined as actuators and all are collectively supported by the bridge frame.
Regarding claim 5, figure 5 of Aitken shows the bridge frame (2) includes: a first side box structure (21a) extending from a lower end to an upper end; a second side box structure (2ab) extending from a lower end to an upper end; and a cross-support structure (22a) extending between the upper ends of the first and second side box structures. Regarding claim 6, the cross-support structure and the first and second side box structures define, in combination, an internal volume that…is open along one or more of a bottom side. See Aitken Fig. 5. Furthermore, figure 2 shows that this volume partially receives the power source of the power machine. Regarding claim 7 the power source is an electrical generator which is an electric power source. Additionally, the base frame is removably secured to the bridge frame to support the electric power source for removal through at least one of the bottom side…of the bridge frame. Regarding claim 8, figure 3 of Aitken shows the bridge frame (2) further includes a central tower (6) that extends upwardly between the first and second side box structures and includes one or more pivot mounts (4, 7) for one or more lift actuators (8) included in the one or more workgroup actuators, the one or more lift actuators being arranged to raise and lower a lift arm structure (9) of the power machine. Regarding claim 9, the boom arm has additional pivot mounts in the form of the pivot between pilar (6) and arm (9) for one or more extension actuators in the form of the hydraulics for extension arms (9b, 9c). Regarding claim 10, there are openings both in front of the crane (toward the rotor). The generator below occupies space in both. As such, Aitken teaches the central tower is arranged forward of an opening in a bottom side of the bridge frame, the opening being aligned to receive the power source into an internal volume of the bridge frame.
Claim 11 reciters the bridge frame further includes a base plate extending between the lower ends of the first and second side box structures and that the bridge frame is secured to the base frame along the base plate and along the first and second side box structures. Plate (22b) is defined to be this base plate and the securing mechanisms (29) are mounted to both plate (22b) as well as to the first and second side box structures via the mechanism (29) on the other end. Regarding claim 12, Aitken teaches a base pan (21, 57) and a rear tower (10) extending upward from the base pan. See Aitken Fig. 10. Figure 10 further shows the bridge frame (10) is secured to the base plate (22b) along the base pan and along the rear tower.
ALLOWABLE SUBJECT MATTER
Claims 13-14 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.
Claims 15-17 are allowed.
RESPONSE TO ARGUMENTS
Applicant's arguments filed May 12, 2026 have been fully considered and are persuasive. New grounds of rejections have been presented.
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 extension fee 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 date of this final action.
Any inquiry concerning this communication should be directed to Moshe Wilensky whose telephone number is 571-270-3257. Mr. Wilensky’s supervisor, Sunil Singh can be reached at 571-272-3460. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Examiner interviews are available via telephone or video conferencing using a USPTO supplied web-based collaboration tool. Applicant may also use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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/MOSHE WILENSKY/
Primary Examiner, Art Unit 3726
1 The following conventions are used in this office action. All direct claim quotations are presented in italics. All non-italic reference numerals presented with italicized claim language are from the cited prior art reference. All citations to “specification” are to the applicant’s published specification unless otherwise indicated. The use of the phrase “et al.” following a reference is used solely to refer to subsequent modifying references, and not to other listed inventors of the cited reference.
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