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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 06/05/26 has been entered.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 8-10 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.
Claims 8-10 each recite “a fifth sectional boom,” which is vague and ambiguous. Claim 1 (from which claims 8-10 depend) already requires a fifth sectional boom. How many fifth sectional booms are there? Do claims 8-10 require six sectional booms?
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, 4-13, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over CN 102561703 A (hereinafter “Xie”) in view of US 2015/0008702 A1 (hereinafter “Wu”).
Regarding claim 1 Xie teaches an engineering machinery, comprising:
a cab (paragraph 18);
a vehicle body (abstract) located behind the cab;
a rotating platform (“turntable,” e.g. see abstract) provided on the vehicle body (Abstract); and
multiple-sectional booms (see figs. 3-7) articulated in sequence;
wherein a centerline of gyration of the rotating platform (“turntable,” e.g. see abstract) is located in a middle of the vehicle body (see abstract), a first sectional boom (111/112) is articulated with the rotating platform (“turntable”), and the first sectional boom (111/112) extends from the rotating platform (“turntable”) toward a rear end of the vehicle body (see paragraph 52), a second sectional boom (121/122) is articulated with the first sectional boom (111/112) and folded above (fig. 4) the first sectional boom (111/112), the first sectional boom (111/112) to a fourth sectional boom (141/142) are folded into an R shape (see figs. 4-7). Xie fails to teach the third sectional boom overlapping the cab in the way recited in claim 1.
Wu teaches a similar truck-mounted boom system with multiple sectional booms. Wu further teaches that those of ordinary skill in the art at the time of invention were knowledgeable in making multi-sectional boom arms in a variety of configurations (e.g. see figs. 1b, 2b, and 3-10). These various configurations include figure 9, which teaches a projection of a third sectional boom (3) at least partially overlaps a projection of a cab on a vertical projection plane perpendicular to a length direction of a vehicle body; and wherein the multiple-sectional booms (1-6) comprise at least five-sectional booms (1-5), a fifth sectional boom (5) is articulated with the fourth sectional boom (4) and is located above or below the fourth sectional boom (4), and a hinge point (H) of the fifth sectional boom (5) and the fourth sectional boom (4) is located (at least partially) in the front of a cab (C).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the third sectional boom of Xie lower, and to juxtapose the joint of the fourth and fifth boom in the front of the cab, as shown by Wu, with a reasonable expectation of success. One having ordinary skill in the art would have been motivated to make this combination in order to utilize the empty space behind the turntable of Xie.
Regarding claim 4 modified Xie teaches the above machinery, and further teaches wherein a height of projection overlap between the third sectional boom (Xie 131/132) and the cab (Xie paragraph 18) on a vertical projection plane is greater than 1/2 of a height of the third sectional boom (Xie 131/132) (i.e. as per Wu).
Regarding claim 5 modified Xie teaches the above machinery. Xie further teaches wherein the first sectional boom (111/112) is inverted (see fig. 4).
Regarding claim 6 modified Xie teaches the above machinery. Xie further teaches wherein the third sectional boom (131/132) is [two segment] boom comprising a first straight arm section (131) and a second straight arm section (132), the [sections avoid] the rotating platform (“turntable”); the first straight arm section (131) is articulated with the second sectional boom (121/122) and folded below (fig. 5) the second sectional boom (121/122); the fourth sectional boom (141/142) is articulated with the second straight arm section (132) and folded above (fig. 6) the second straight arm section (132).
Xie (embodiment relied upon above) fails to teach the bending section as set forth in claim 6. This is considered well within the skill of an ordinary craftsperson because both the Xie and Wu references teach bending sectional booms (e.g. Xie has another embodiment where the third sectional boom is a bending sectional boom; see paragraph 46). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the third sectional boom of Xie with a bending portion with a reasonable expectation of success. One having ordinary skill in the art would have been motivated to make this combination in order to give more flexibility to the system.
Regarding claim 7 modified Xie teaches the above machinery. Xie further teaches wherein a hinge point of the second sectional boom (121/122) and the third sectional boom (131/132) is located between the cab (paragraph 18) and the rotating platform (“turntable,” e.g. see abstract), or a hinge point of the second sectional boom (121/122) and the third sectional boom (131/132) is located above (higher in elevation than) a rear of the cab (paragraph 18).
Regarding claims 8-9 and 11 modified Xie teaches the above machinery. Xie further teaches a fifth sectional boom (151/152 but fails to teach the particulars of claims 8-9 and 11. Wu shows that six-sectional booms, articulated segments, R and Z shaped folded portions, and having different sectional booms above or below another were all well known to the ordinary craftsperson (see Wu figs. 3-10; and paragraph 3). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the sectional booms of Xie of any convenient configuration, as shown by Wu to be known in the art, with a reasonable expectation of success. One having ordinary skill in the art would have been motivated to make this combination in order to configure the machinery for a particular purpose.
Regarding claim 10 modified Xie teaches the above machinery. Xie further teaches wherein the multiple-sectional booms (see figs. 3-7) comprise at least five-sectional booms, when the multiple-sectional booms (see figs. 3-7) are in a folded state, at least one of the fourth sectional boom (141/142) to a last sectional boom (151/152) comprises multiple arm sections, the multiple arm sections belonging to a same sectional boom are located on a same straight line and adjacent arm sections are articulated with each other, and a fifth sectional boom (151/152) is folded above or below the fourth sectional boom (141/142).
Regarding claim 12 modified Xie teaches the above machinery. Xie further teaches wherein the multiple-sectional booms (see figs. 3-7) comprise at least four-sectional booms. Xie (embodiment relied upon above) fails to teach the bending section as set forth in claim 6, or the exact row configuration set forth in claim 12. This is considered well within the skill of an ordinary craftsperson because Xie teaches a third bending sectional boom in another embodiment; see paragraph 46; and further discusses the knowledge of those of ordinary skill in the art as comprehending spacing components in rows; see also paragraph 46). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the third sectional boom of Xie with a bending portion, and to configure the sectional booms in rows, as per claim 12, with a reasonable expectation of success. One having ordinary skill in the art would have been motivated to make this combination in order to give more flexibility to the system.
Regarding claim 13 modified Xie teaches the above machinery, and further teaches wherein the cab (Wu, C, as above) is located (at least partially) between two ends of the fourth sectional boom (as per Wu fig. 9).
Regarding claim 15 modified Xie teaches the above machinery, and further teaches wherein a hinge point (HP1, see annotated fig. below) of the first sectional boom (Xie 111/112) and the rotating platform (“turntable,” e.g. see abstract) is lower than a hinge point (HP2) of a first section boom oil cylinder (3) and the rotating platform (“turntable”).
Claims 14 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Xie in view of Wu, and in further view of US 2008/0217279 A1 (hereinafter “Gelies”).
Regarding claim 14 modified Xie teaches the above machinery, but fails to teach the boom configuration of claim 14. Gelies teaches a construction vehicle with a plurality of boom segments (see fig. 1). Gelies further teaches wherein a second sectional boom (2) is folded counterclockwise above a first sectional boom (1), a third sectional boom (3) is folded counterclockwise below the second sectional boom (2), and the fourth sectional boom (4) is folded counterclockwise above the third sectional boom (3). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the boom segments of Xie with the counterclockwise stacking taught by Gelies with a reasonable expectation of success. One having ordinary skill in the art would have been motivated to make this combination in order to allow for a very long boom to be furled in a small area.
Regarding claim 16 modified Xie teaches the above machinery, and further teaches wherein when the hinge point of the second sectional boom (Gelies 2) and the third sectional boom (Gelies 3) is located above (vertically higher than; i.e. as per Gelies) the rear of the cab (per Gelies 15), a cross-section at a rear end of the second sectional boom (Gelies 2) gradually becomes smaller (see Xie fig. 4, left end of 122), a portion of the second sectional boom (Gelies 2) with a smaller cross-section is located above (vertically higher than; i.e. as per Gelies) the rear of the cab (per Gelies 15), a portion of the second sectional boom (Gelies 2) with a larger cross-section is located above the vehicle body (vertically higher than the body; i.e. as per Gelies); and a cross section at a head end of the third sectional boom (Gelies 3) gradually becomes larger (per Xie, fig. 5, left end of 131), a portion of the third sectional boom (Gelies 3) with a smaller cross-section is located above (vertically higher than the body; i.e. as per Gelies) the rear of the cab, and a portion of the third sectional boom (Gelies 3) with a larger cross-section is located above (vertically higher than the body; i.e. as per Gelies) the vehicle body (per Gelies).
Response to Arguments
Applicant's arguments filed 06/26 have been fully considered but they are not persuasive.
Applicant argues (7-9) that Xie and Wabnegger (US 2015/0008702 A1) do not teach the newly added limitations to claim 1. This is not persuasive as Wu is relied upon to teach the newly added limitations. Wabnegger is no longer used in rejecting claim 1 because Applicant has deleted the limitation for which Wabnegger was used.
Applicant argues (page 9) that Wu fails to teach the newly added recitations to claim 1. This is not persuasive. Wu teaches wherein the multiple-sectional booms (1-6) comprise at least five-sectional booms (1-5), a fifth sectional boom (5) is articulated with the fourth sectional boom (4) and is located above or below the fourth sectional boom (4), and a hinge point (H) of the fifth sectional boom (5) and the fourth sectional boom (4) is located (at least partially) in the front of a cab (C).
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Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Nathaniel L Adams whose telephone number is (571)272-4830. The examiner can normally be reached M-F 8-4 Pacific Time.
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/NATHANIEL L ADAMS/ Examiner, Art Unit 3654
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