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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 5, 6 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over CN 203175317 in view of JP S63-148515.
Regarding claim 1, CN 203175317 discloses:
A door (annotated Fig. 2 below) for a work machine (vehicle; abstract, line 1; with which work can be performed), the door comprising:
a first section (annotated Fig. 2 below) including:
a first glass portion (2; annotated Fig. 2 below) defining a first surface (the internal surface shown in annotated Fig. 2 below) and a second surface (the external surface pointed out in annotated Fig. 2 below) opposite the first surface; and
a peripheral support frame (1; annotated Fig. 2), which extends along an entire periphery of the first section;
a second section (annotated Fig. 2 below), wherein the first section is movable relative to the second section (as shown by comparing annotated Figs 2 and 3 below), the second section including:
a frame portion (annotated Fig. 2 below) defining a third surface (internal surface in annotated Fig. 3 below) and a fourth surface (external surface in annotated Fig. 3 below) opposite the third surface; and
a second glass portion (pointed out in annotated Fig. 2 below);
a first latching mechanism (circled in annotated Fig. 3 below including bolt 5) movable between a first engaged state (the state shown in Fig. 3 below) and a first disengaged state (the state shown in Fig. 2 below), wherein, in the first engaged state of the first latching mechanism, the first section engages with the second section (by virtue of the bolt 5 (Fig. 3) on the first section engaging the flange 13 (Fig. 3) of the second section as illustrated in annotated Fig. 3 below), and wherein, in the first disengaged state of the first latching mechanism, the first section is disengaged from the second section (as illustrated in annotated Fig. 2 below); and
a second latching mechanism (circled in annotated Fig. 3 below including lock box 6 and door lock 7) coupled to the second section (as shown in annotated Fig. 3 below), the second latching mechanism being movable between a second engaged state (when latched to the vehicle frame in a door closed position) and a second disengaged state (when unlatched from the vehicle frame in a door open position), wherein, in the second engaged state of the second latching mechanism, the second section engages with a frame of an operator cabin of the work machine (as is typical for all operator cabin door latches), and wherein, in the second disengaged state of the second latching mechanism, the second section is disengaged from the frame of the operator cabin (as is typical for all operator cabin door latches).
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However, CN 203175317 does not disclose that the peripheral frame is in the form of a handrail coupled to the first glass portion at the first surface of the first glass portion, wherein the handrail is disposed proximal to a periphery of the first glass portion and extends along an entirety of the periphery of the first glass portion.
However, JP S63-148515 discloses a cabin door with a door panel made entirely from a glass portion (see annotated Fig. 1 below) that includes a support frame (4; annotated Figs. 1 and 2 below), where the support frame is spaced from the glass portion (as pointed out in annotated Fig. 2 below) such that a person may grasp the frame with their hand. Thus, such frame (4; annotated Figs. 1 and 2 below) is considered to be a “handrail”, where such handrail is coupled to a first, interior surface of the door glass portion (as shown in annotated Fig. 2 below) and where such handrail is disposed proximal to a periphery of the glass portion.
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A person of ordinary skill in the art is someone presumed to have known the relevant art at the relevant time. The JP S63-148515 reference is considered to be relevant art in that the JP S63-148515 reference is in the same field of endeavor, namely that which pertains to cabin door constructions, as the CN 203175317 reference.
Therefore, it 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 to construct the first section of CN 203175317 from a glass panel and to provide the glass panel with a peripheral frame, .i.e. handrail, to replace the original peripheral frame, where the handrail is coupled to the first glass portion at the first surface of the first glass portion, wherein the handrail is disposed proximal to a periphery of the first glass portion and extends along an entirety of the periphery of the first glass portion, as did the original peripheral frame, as taught by JP S63-148515 with a reasonable expectation of success because constructing the first section door panel entirely from glass improves visibility from inside the operator’s cab.
Regarding claim 5, CN 203175317 further discloses:
a (first) handle (4; annotated Fig. 2 above) which is fixedly coupled to the peripheral frame 1 which would naturally be fixedly coupled to the replacement peripheral frame, i.e. the handrail, of the first section of CN 203175317, as modified by JP S63-148515, and CN 203175317 further discloses that the second section includes a second handle (8; annotated Fig, 3 above) fixedly coupled to the frame portion of the second section, as shown in annotated Fig. 3 above.
Regarding claim 6, CN 203175317 further discloses:
wherein the first latching mechanism (circled in annotated Fig. 3 above) includes a latch (5; annotated Fig. 3 above; disclosed as a “bolt” in para. [0015], line 3 of the provided English language translation) coupled to the first surface (interior surface) of the first section (as shown in annotated Fig. 3 above), wherein, in the first engaged state (the state shown in Fig. 3 above) of the first latching mechanism, the latch engages with the frame portion (namely the flange (13; annotated Fig. 3 above) of the frame portion) of the second section, and wherein, in the first disengaged state (the state shown in Fig. 2 above) of the first latching mechanism, the latch disengages from the frame portion of the second section (as illustrated in annotated Fig. 2 above).
Regarding claim 9, CN 203175317 further discloses:
two first hinges (as disclosed in para. [0015], lines 8-9) that movably couple the first section with the frame of the operator cabin, and two second hinges (12; Fig. 2 above; as disclosed in para. [0015], lines 8-9) that movably couple the second section with the frame of the operator cabin, wherein the one or more second hinges are coupled to the frame portion of the second section, as is shown in annotated Fig. 2 above.
However, with respect to claim 9, CN 203175317, as modified by JP S63-148515, do not disclose that the two first hinges (of the first section) are coupled to the handrail of the first section.
However, JP S63-148515 further discloses that the peripheral frame (4; annotated Figs. 1 and 2 above), i.e., handrail, has a hinge (7; annotated Fig, 1 above) coupled thereto (see page 2, lines 4-5 of the provided English language translation).
Therefore, it 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 to operably couple the two hinges of the first door section of CN 203175317, as modified by JP S63-148515 to the handrail as taught by JP S63-148515 with a reasonable expectation of success as opposed to the first glass portion for a more structurally sound pivotal support for the first section which avoids potential failure if the hinges were otherwise attached to the first glass portion.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over CN 203175317 in view of JP S63-148515, as applied above to claim 1, and further in view of GB 2596778.
Regarding claim 2, CN 203175317, as modified by JP S63-148515, disclose:
The door of claim 1, as explained above, except wherein the second latching mechanism includes a linkage assembly and a foot-operated pedal coupled to the linkage assembly, and wherein the linkage assembly and the foot-operated pedal are coupled to the third surface of the frame portion.
However, GB 2596778 discloses a door latching mechanism (16; Fig. 2; disclosed as a "lever assembly" on page 6, lines 34-35) including a linkage assembly (18; Fig. 2; disclosed as a "link" on page 6, line 35) and a foot-operated pedal (14; Fig. 2; disclosed as an "operable step plate" on page 6, line 35) coupled to the linkage assembly (18; Fig. 2), and wherein the linkage assembly (18; Fig. 2) and the foot-operated pedal (14; Fig. 2) are coupled to a surface of the door which is facing an area from which an operator wishes to exit a room or enter a room by unlatching the latching mechanism by way of the foot-operated pedal.
A person of ordinary skill in the art is someone presumed to have known the relevant art at the relevant time. The GB 2596778 reference is considered to be relevant art in that the GB 2596778 reference is in the same field of endeavor, namely that which pertains door latch mechanism configurations, as the CN 203175317 reference.
Therefore, it 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 to provide the second latching mechanism of CN 203175317, as modified by JP S63-148515, to include a linkage assembly and a foot-operated pedal coupled to the linkage assembly, and wherein the linkage assembly and the foot-operated pedal are coupled to the third surface of the frame portion in that such surface is that which faces an interior of the cabin where the foot operated pedal and linkage enables an operator to exit the cabin as taught by GB 2596778 with a reasonable expectation of success to permit an operator to exit the cabin when his or her hands are not usable, such as when carrying items.
Claims 1, 3, 4 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Templeton US 4,940,280 in view of CN 203175317 and JP S63-14851.
Regarding claim 1, Templeton discloses:
A work machine (in the form of a piece of heavy equipment, specifically a compactor; as disclosed in col. 1, lines 41-44) comprising:
an operator cabin (enclosed by frame elements; 52, 54; Fig. 3) including a frame (elements; 52, 54; Fig. 3)); and
a door (70; Fig. 3) movably coupled (by hinges (74; Fig. 3)to the frame elements; 52, 54; Fig. 3); of the operator cabin (the area which is enclosed by frame elements; 52, 54; Fig. 3).
However, Templeton does not disclose the specifically claimed features of the door as recited in claim 1.
However, CN 203175317 discloses:
A door (annotated Fig. 2 above) for a work machine (vehicle; abstract, line 1; with which work can be performed), the door comprising:
a first section (annotated Fig. 2 above) including:
a first glass portion (2; annotated Fig. 2 above) defining a first surface (the internal surface shown in annotated Fig. 2 above) and a second surface (the external surface pointed out in annotated Fig. 2 above) opposite the first surface; and
a peripheral support frame (1; annotated Fig. 2 above), which extends along an entire periphery of the first section;
a second section (annotated Fig. 2 above), wherein the first section is movable relative to the second section (as shown by comparing annotated Figs 2 and 3 above), the second section including:
a frame portion (annotated Fig. 2 above) defining a third surface (internal surface in annotated Fig. 3 above) and a fourth surface (external surface in annotated Fig. 3 above) opposite the third surface; and
a second glass portion (pointed out in annotated Fig. 2 above);
a first latching mechanism (circled in annotated Fig. 3 above including bolt 5) movable between a first engaged state (the state shown in Fig. 3 above) and a first disengaged state (the state shown in Fig. 2 above), wherein, in the first engaged state of the first latching mechanism, the first section engages with the second section (by virtue of the bolt 5 (Fig. 3) on the first section engaging the flange 13 (Fig. 3) of the second section as illustrated in annotated Fig. 3 above), and wherein, in the first disengaged state of the first latching mechanism, the first section is disengaged from the second section (as illustrated in annotated Fig. 2 above); and
a second latching mechanism (circled in annotated Fig. 3 above including lock box 6 and door lock 7) coupled to the second section (as shown in annotated Fig. 3 above), the second latching mechanism being movable between a second engaged state (when latched to the vehicle frame in a door closed position) and a second disengaged state (when unlatched from the vehicle frame in a door open position), wherein, in the second engaged state of the second latching mechanism, the second section engages with a frame of an operator cabin of the work machine (as is typical for all operator cabin door latches), and wherein, in the second disengaged state of the second latching mechanism, the second section is disengaged from the frame of the operator cabin (as is typical for all operator cabin door latches).
With respect to the door features recited in claim 1, CN 203175317 does not disclose that the peripheral frame is in the form of a handrail coupled to the first glass portion at the first surface of the first glass portion, wherein the handrail is disposed proximal to a periphery of the first glass portion and extends along an entirety of the periphery of the first glass portion.
However, JP S63-148515 discloses a cabin door with a door panel made entirely from a glass portion (see annotated Fig. 1 above) that includes a support frame (4; annotated Figs. 1 and 2 above), where the support frame is spaced from the glass portion (as pointed out in annotated Fig. 2 above) such that a person may grasp the frame with their hand. Thus, such frame (4; annotated Figs. 1 and 2 above) is considered to be a “handrail”, where such handrail is coupled to a first, interior surface of the door glass portion (as shown in annotated Fig. 2 above) and where such handrail is disposed proximal to a periphery of the glass portion.
A person of ordinary skill in the art is someone presumed to have known the relevant art at the relevant time. The CN 203175317 and the JP S63-148515 references is considered to be relevant art in that the CN 203175317 and the JP S63-148515 references are in the same field of endeavor, namely that which pertains to cabin door constructions, as the Templeton reference.
Therefore, it 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 to construct door of Templeton to comprise a first section including: a first glass portion defining a first surface and a second surface opposite the first surface; and a peripheral support frame (1; annotated Fig. 2), which extends along an entire periphery of the first section; and a second section, wherein the first section is movable relative to the second section, the second section including: a frame portion defining a third surface facing the interior of the operator cabin and a fourth surface opposite the third surface; and a second glass portion; a first latching mechanism movable between a first engaged state and a first disengaged state, wherein, in the first engaged state of the first latching mechanism, the first section engages with the second section, and wherein, in the first disengaged state of the first latching mechanism, the first section is disengaged from the second section; and a second latching mechanism coupled to the second section, the second latching mechanism being movable between a second engaged state and a second disengaged state, wherein, in the second engaged state of the second latching mechanism, the second section engages with the frame of the operator cabin, and wherein, in the second disengaged state of the second latching mechanism, the second section is disengaged from the frame of the operator cabin as taught by CN 203175317 in order to be able to open and close an upper section of the door while the lower section of the door is closed.
In addition, it would also 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 to construct the first section of Templeton, as modified by CN 203175317, from a glass panel and to provide the glass panel with a peripheral frame, .i.e. handrail, to replace the original peripheral frame, where the handrail is coupled to the first glass portion at the first surface of the first glass portion, wherein the handrail is disposed proximal to a periphery of the first glass portion and extends along an entirety of the periphery of the first glass portion, as did the original peripheral frame, as taught by JP S63-148515 with a reasonable expectation of success because constructing the first section door panel entirely from glass improves visibility from inside the operator’s cab.
Regarding claims 3 and 4, the door of Templeton, as modified by CN 203175317 and JP S63-148515 has adequate clearance with respect to the cab frame (42, 54; as shown in Fig. 3 of Templeton) so that the first section is movable at least by an angle of 180 degrees relative to the frame of the operator cabin, with respect to claim 3, and so that the second section is movable by an angle of 90 degrees relative to the frame of the operator cabin, with respect to claim 4.
Regarding claim 10,
The work machine of Templeton includes a compactor (in that the work machine is in the form of a piece of heavy equipment, specifically a compactor; as disclosed in col. 1, lines 41-44).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over CN 203175317 in view of JP S63-148515, as applied above to claim 1, and further in view of Kaveney et al. US 5,655,798.
Regarding claim 7, CN 203175317, as modified by JP S63-148515, disclose:
The door of claim 1, as explained above, except for further comprising a third latching mechanism coupled to the handrail and extending outwards from the second surface of the first glass portion, wherein, in an open position of the first section, the third latching mechanism engages with the frame of the operator cabin to retain the first section in the open position.
However, Kaveney et al. disclose a cabin door (26; Fig. 1) with an outer panel (36; Fig. 1) defining a second surface of the door and a latching mechanism (54; Fig. 3; disclosed as a “door hold-open latching mechanism” in col. 2, lines 40-41) coupled to the exterior of the door elevationally between windows (28, 30; Fig. 1; col. 2, lines 40-43) where such area of the door surrounding the windows is considered to be the door frame, and the latching mechanism (54; Fig. 3) extending outwards from the second surface of the outer door panel (36; Fig. 1; where such extension is shown in Fig. 3) wherein, in an open position of cabin door (26; Fig. 1), the latching mechanism (54; Fig. 3) engages with the frame of the operator cabin at striker (62; Fig. 1; where the frame is the portion of the cabin at which striker 62 is mounted in Fig. 1) to retain the door in the open position (by virtue of the latching mechanism 54 being disclosed as a “door hold-open latching mechanism” in col. 2, lines 40-41).
A person of ordinary skill in the art is someone presumed to have known the relevant art at the relevant time. The Kaveney et al. reference is considered to be relevant art in that the Kaveney et al. reference is in the same field of endeavor, namely that which pertains to vehicle cabin door constructions, as the CN 203175317 reference.
Therefore, it 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 to provide the cabin door of CN 203175317, as modified by JP S63-148515, with a third, hold-open latching mechanism coupled at least indirectly to the handrail, i.e., door frame, and extending outwards from the second surface of the first glass portion, wherein, in an open position of the first section, the third latching mechanism engages with the frame of the operator cabin to retain the first section in the open position as taught by Kaveney et al. with a reasonable expectation of success to permit the door to be secured in a door open position when ventilation of the cabin is desired.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over CN 203175317 in view of JP S63-148515, as applied above to claim 1, and further in view of Smith et al. US 5,125,716.
Regarding claim 8, CN 203175317, as modified by JP S63-148515, disclose:
The door of claim 1, as explained above, except wherein the work machine further includes a door trim extending along a periphery of the door, and wherein the door trim is configured to enclose an area between the door and the frame of the operator cabin.
However, Smith et al. disclose a work machine (“backhoe loader”; as disclosed in col. 2, line 24) door (86; Fig. 3; with glass panel 88; Fig. 4) trim (114; Fig. 4; disclosed as a “door seal” in col. 5, line 12-13) extending along a periphery of the door (as disclosed in col. 5, lines 14-15), and wherein the door trim (114; Fig. 4) is configured to enclose an area between the door (86; Fig. 3; with glass panel 88; Fig. 4) and the frame (44; Fig. 4) of the operator cabin, where such enclosed configuration is shown in Fig. 4 and described in col. 5, lines 12-16.
A person of ordinary skill in the art is someone presumed to have known the relevant art at the relevant time. The Smith et al. reference is considered to be relevant art in that the Smith et al. reference is in the same field of endeavor, namely that which pertains to vehicle cabin door constructions, as the CN 203175317 reference.
Therefore, it 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 to provide the door of CN 203175317, as modified by JP S63-148515, with a door trim extending along a periphery of the door, and wherein the door trim is configured to enclose an area between the door and the frame of the operator cabin as taught by Smith et al. with a reasonable expectation of success in order to seal the interior of the cab from the elements including rain water.
Claim 11, 13, 14, 15, 16, 19 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Templeton US 4,940,280 in view of CN 203175317 and JP S63-14851.
Regarding claim 11, Templeton discloses:
A work machine (in the form of a piece of heavy equipment, specifically a compactor; as disclosed in col. 1, lines 41-44) comprising:
an operator cabin (enclosed by frame elements; 52, 54; Fig. 3) including a frame (elements; 52, 54; Fig. 3)); and
a door (70; Fig. 3) movably coupled (by hinges (74; Fig. 3)to the frame elements; 52, 54; Fig. 3); of the operator cabin (the area which is enclosed by frame elements; 52, 54; Fig. 3).
However, Templeton does not disclose the specifically claimed features of the door as recited in claim 11.
However, CN 203175317 discloses:
A door (annotated Fig. 2 above) for a work machine (vehicle; abstract, line 1; with which work can be performed), the door comprising:
a first section (annotated Fig. 2 above) including:
a first glass portion (2; annotated Fig. 2 above) defining a first surface facing an interior of the operator cabin (the internal surface shown in annotated Fig. 2 above) and a second surface (the external surface pointed out in annotated Fig. 2 above) opposite the first surface; and
a peripheral support frame (1; annotated Fig. 2 above), which extends along an entire periphery of the first section;
a second section (annotated Fig. 2 above), wherein the first section is movable relative to the second section (as shown by comparing annotated Figs 2 and 3 above), the second section including:
a frame portion (annotated Fig. 2 above) defining a third surface facing the interior of the operator cabin (internal surface in annotated Fig. 3 above) and a fourth surface (external surface in annotated Fig. 3 above) opposite the third surface; and
a second glass portion (pointed out in annotated Fig. 2 above);
a first latching mechanism (circled in annotated Fig. 3 above including bolt 5) movable between a first engaged state (the state shown in Fig. 3 above) and a first disengaged state (the state shown in Fig. 2 above), wherein, in the first engaged state of the first latching mechanism, the first section engages with the second section (by virtue of the bolt 5 (Fig. 3) on the first section engaging the flange 13 (Fig. 3) of the second section as illustrated in annotated Fig. 3 above), and wherein, in the first disengaged state of the first latching mechanism, the first section is disengaged from the second section (as illustrated in annotated Fig. 2 above); and
a second latching mechanism (circled in annotated Fig. 3 above including lock box 6 and door lock 7) coupled to the second section (as shown in annotated Fig. 3 above), the second latching mechanism being movable between a second engaged state (when latched to the vehicle frame in a door closed position) and a second disengaged state (when unlatched from the vehicle frame in a door open position), wherein, in the second engaged state of the second latching mechanism, the second section engages with a frame of the operator cabin (as is typical for all operator cabin door latches), and wherein, in the second disengaged state of the second latching mechanism, the second section is disengaged from the frame of the operator cabin (as is typical for all operator cabin door latches).
With respect to the door features recited in claim 11, CN 203175317 does not disclose that the peripheral frame is in the form of a handrail coupled to the first glass portion at the first surface of the first glass portion, wherein the handrail is disposed proximal to a periphery of the first glass portion and extends along an entirety of the periphery of the first glass portion.
However, JP S63-148515 discloses a cabin door with a door panel made entirely from a glass portion (see annotated Fig. 1 above) that includes a support frame (4; annotated Figs. 1 and 2 above), where the support frame is spaced from the glass portion (as pointed out in annotated Fig. 2 above) such that a person may grasp the frame with their hand. Thus, such frame (4; annotated Figs. 1 and 2 above) is considered to be a “handrail”, where such handrail is coupled to a first, interior surface of the door glass portion (as shown in annotated Fig. 2 above) and where such handrail is disposed proximal to a periphery of the glass portion.
A person of ordinary skill in the art is someone presumed to have known the relevant art at the relevant time. The CN 203175317 and the JP S63-148515 references is considered to be relevant art in that the CN 203175317 and the JP S63-148515 references are in the same field of endeavor, namely that which pertains to cabin door constructions, as the Templeton reference.
Therefore, it 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 to construct door of Templeton to comprise a first section including: a first glass portion defining a first surface facing an interior of the operator cabin and a second surface opposite the first surface; and a peripheral support frame (1; annotated Fig. 2), which extends along an entire periphery of the first section; and a second section, wherein the first section is movable relative to the second section, the second section including: a frame portion defining a third surface facing the interior of the operator cabin and a fourth surface opposite the third surface; and a second glass portion; a first latching mechanism movable between a first engaged state and a first disengaged state, wherein, in the first engaged state of the first latching mechanism, the first section engages with the second section, and wherein, in the first disengaged state of the first latching mechanism, the first section is disengaged from the second section; and a second latching mechanism coupled to the second section, the second latching mechanism being movable between a second engaged state and a second disengaged state, wherein, in the second engaged state of the second latching mechanism, the second section engages with the frame of the operator cabin, and wherein, in the second disengaged state of the second latching mechanism, the second section is disengaged from the frame of the operator cabin as taught by CN 203175317 in order to be able to open and close an upper section of the door while the lower section of the door is closed.
In addition, it would also 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 to construct the first section of Templeton, as modified by CN 203175317, from a glass panel and to provide the glass panel with a peripheral frame, .i.e. handrail, to replace the original peripheral frame, where the handrail is coupled to the first glass portion at the first surface of the first glass portion, wherein the handrail is disposed proximal to a periphery of the first glass portion and extends along an entirety of the periphery of the first glass portion, as did the original peripheral frame, as taught by JP S63-148515 with a reasonable expectation of success because constructing the first section door panel entirely from glass improves visibility from inside the operator’s cab.
Regarding claims 13 and 14, the door of Templeton, as modified by CN 203175317 and JP S63-148515 has adequate clearance with respect to the cab frame (42, 54; as shown in Fig. 3 of Templeton) so that the first section is movable at least by an angle of 180 degrees relative to the frame of the operator cabin, with respect to claim 13, and so that the second section is movable by an angle of 90 degrees relative to the frame of the operator cabin, with respect to claim 14.
Regarding claim 15, CN 203175317 further discloses: a (first) handle (4; annotated Fig. 2 above) which is fixedly coupled to the peripheral frame 1 which would naturally be fixedly coupled to the replacement peripheral frame, i.e. the handrail, of the first section of Templeton, as modified by CN 203175317 and JP S63-148515. In addition, CN 203175317 further discloses that the second section includes a second handle (8; annotated Fig, 3 above) fixedly coupled to the frame portion of the second section, as shown in annotated Fig. 3 above. The modification set forth above for claim 11 where the door of Templeton is modified to include the door features of CN 203175317 would also include this second handle.
Regarding claim 16, CN 203175317 further discloses:
wherein the first latching mechanism (circled in annotated Fig. 3 above) includes a latch (5; annotated Fig. 3 above; disclosed as a “bolt” in para. [0015], line 3 of the provided English language translation) coupled to the first surface (interior surface) of the first section (as shown in annotated Fig. 3 above), wherein, in the first engaged state (the state shown in Fig. 3 above) of the first latching mechanism, the latch engages with the frame portion (namely the flange (13; annotated Fig. 3 above) of the frame portion) of the second section, and wherein, in the first disengaged state (the state shown in Fig. 2 above) of the first latching mechanism, the latch disengages from the frame portion of the second section (as illustrated in annotated Fig. 2 above). The modification set forth above for claim 11 where the door of Templeton is modified to include the door features of CN 203175317 would also these features of the first latching mechanism.
Regarding claim 19, CN 203175317 further discloses:
two first hinges (as disclosed in para. [0015], lines 8-9) that movably couple the first section with the frame of the operator cabin, and two second hinges (12; Fig. 2 above; as disclosed in para. [0015], lines 8-9) that movably couple the second section with the frame of the operator cabin, wherein the one or more second hinges are coupled to the frame portion of the second section, as is shown in annotated Fig. 2 above. The modification set forth above for claim 11 where the door of Templeton is modified to include the door features of CN 203175317 would also these hinge features.
However, with respect to claim 19, Templeton, as modified by CN 203175317 and JP S63-148515, do not disclose that the two first hinges (of the first section) are coupled to the handrail of the first section.
However, JP S63-148515 further discloses that the peripheral frame (4; annotated Figs. 1 and 2 above), i.e., handrail, has a hinge (7; annotated Fig, 1 above) coupled thereto (see page 2, lines 4-5 of the provided English language translation).
Therefore, it 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 to operably couple the two hinges of the first door section of Templeton, as modified by CN 203175317 and JP S63-148515 to the handrail as taught by JP S63-148515 with a reasonable expectation of success as opposed to the first glass portion for a more structurally sound pivotal support for the first section which avoids potential failure if the hinges were otherwise attached to the first glass portion.
Regarding claim 20,
The work machine of Templeton includes a compactor (in that the work machine is in the form of a piece of heavy equipment, specifically a compactor; as disclosed in col. 1, lines 41-44).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Templeton US 4,940,280 in view of CN 203175317 and JP S63-14851, as applied above to claim 11, and further in view of GB 2596778.
Regarding claim 12, Templeton US 4,940,280, as modified by CN 203175317 and JP S63-14851, disclose:
The work machine of claim 11, as explained above, except wherein the second latching mechanism includes a linkage assembly and a foot-operated pedal coupled to the linkage assembly, and wherein the linkage assembly and the foot-operated pedal are coupled to the third surface of the frame portion.
However, GB 2596778 discloses a door latching mechanism (16; Fig. 2; disclosed as a "lever assembly" on page 6, lines 34-35) including a linkage assembly (18; Fig. 2; disclosed as a "link" on page 6, line 35) and a foot-operated pedal (14; Fig. 2; disclosed as an "operable step plate" on page 6, line 35) coupled to the linkage assembly (18; Fig. 2), and wherein the linkage assembly (18; Fig. 2) and the foot-operated pedal (14; Fig. 2) are coupled to a surface of the door which is facing an area from which an operator wishes to exit a room or enter a room by unlatching the latching mechanism by way of the foot-operated pedal.
A person of ordinary skill in the art is someone presumed to have known the relevant art at the relevant time. The GB 2596778 reference is considered to be relevant art in that the GB 2596778 reference is in the same field of endeavor, namely that which pertains door constructions with latch mechanisms configurations, as the Templeton reference.
Therefore, it 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 to provide the second latching mechanism of Templeton US 4,940,280, as modified by CN 203175317 and JP S63-14851, to include a linkage assembly and a foot-operated pedal coupled to the linkage assembly, and wherein the linkage assembly and the foot-operated pedal are coupled to the third surface of the frame portion in that such surface is that which faces an interior of the cabin where the foot operated pedal and linkage enables an operator to exit the cabin as taught by GB 2596778 with a reasonable expectation of success to permit an operator to exit the cabin when his or her hands are not usable, such as when carrying items.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Templeton US 4,940,280 in view of CN 203175317 and JP S63-14851, as applied above to claim 11, and further in view of Kaveney et al. US 5,655,798.
Regarding claim 17, Templeton US 4,940,280, as modified by CN 203175317 and JP S63-14851, disclose:
The work machine of claim 11, as explained above, except wherein the door further includes a third latching mechanism coupled to the handrail and extending outwards from the second surface of the first glass portion, wherein, in an open position of the first section, the third latching mechanism engages with the frame of the operator cabin to retain the first section in the open position.
However, Kaveney et al. disclose a cabin door (26; Fig. 1) with an outer panel (36; Fig. 1) defining a second surface of the door and a latching mechanism (54; Fig. 3; disclosed as a “door hold-open latching mechanism” in col. 2, lines 40-41) coupled to the exterior of the door elevationally between windows (28, 30; Fig. 1; col. 2, lines 40-43) where such area of the door surrounding the windows is considered to be the door frame, and the latching mechanism (54; Fig. 3) extending outwards from the second surface of the outer door panel (36; Fig. 1; where such extension is shown in Fig. 3) wherein, in an open position of cabin door (26; Fig. 1), the latching mechanism (54; Fig. 3) engages with the frame of the operator cabin at striker (62; Fig. 1; where the frame is the portion of the cabin at which striker 62 is mounted in Fig. 1) to retain the door in the open position (by virtue of the latching mechanism 54 being disclosed as a “door hold-open latching mechanism” in col. 2, lines 40-41).
A person of ordinary skill in the art is someone presumed to have known the relevant art at the relevant time. The Kaveney et al. reference is considered to be relevant art in that the Kaveney et al. reference is in the same field of endeavor, namely that which pertains to vehicle cabin door constructions, as the Templeton reference.
Therefore, it 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 to provide the cabin door of Templeton US 4,940,280, as modified by CN 203175317 and JP S63-14851, with a third, hold-open latching mechanism coupled at least indirectly to the handrail, i.e., door frame, and extending outwards from the second surface of the first glass portion, wherein, in an open position of the first section, the third latching mechanism engages with the frame of the operator cabin to retain the first section in the open position as taught by Kaveney et al. with a reasonable expectation of success to permit the door to be secured in a door open position when ventilation of the cabin is desired.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Templeton US 4,940,280 in view of CN 203175317 and JP S63-14851, as applied above to claim 11, and further in view of Smith et al. US 5,125,716.
Regarding claim 18, Templeton US 4,940,280, as modified by CN 203175317 and JP S63-14851, disclose:
The work machine of claim 11, as explained above, except wherein the work machine further includes a door trim extending along a periphery of the door, and wherein the door trim is configured to enclose an area between the door and the frame of the operator cabin.
However, Smith et al. disclose a work machine (“backhoe loader”; as disclosed in col. 2, line 24) door (86; Fig. 3; with glass panel 88; Fig. 4) trim (114; Fig. 4; disclosed as a “door seal” in col. 5, line 12-13) extending along a periphery of the door (as disclosed in col. 5, lines 14-15), and wherein the door trim (114; Fig. 4) is configured to enclose an area between the door (86; Fig. 3; with glass panel 88; Fig. 4) and the frame (44; Fig. 4) of the operator cabin, where such enclosed configuration is shown in Fig. 4 and described in col. 5, lines 12-16.
A person of ordinary skill in the art is someone presumed to have known the relevant art at the relevant time. The Smith et al. reference is considered to be relevant art in that the Smith et al. reference is in the same field of endeavor, namely that which pertains to vehicle cabin door constructions, as the CN 203175317 reference.
Therefore, it 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 to provide the door of Templeton US 4,940,280, as modified by CN 203175317 and JP S63-14851, with a door trim extending along a periphery of the door, and wherein the door trim is configured to enclose an area between the door and the frame of the operator cabin as taught by Smith et al. with a reasonable expectation of success in order to seal the interior of the cab from the elements including rain water.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
WO 2015/198999 disclose a work machine cabin door with a handrail 401 (se face of reference).
Murakami et al. US 8,496,282 disclose a construction machine door construction with hand rails (32; Fig. 2).
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/Joseph D. Pape/Primary Examiner, Art Unit 3612