DETAILED ACTION
Application Status
Claims 1-18 are pending and have been examined in this application.
Information Disclosure Statement
The information disclosure statement (IDS) filed on 06/17/2024 has been reviewed and considered.
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 § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 8 and 11 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Claims 8 and 11 claim, “said tracked drive assembly including another endless track spaced transversely from the first-mentioned endless track, said rear section at least partly overlapping both endless tracks along the transverse direction and along the vertical direction.” Claims 8 and 11 depend from claim 1, which claims, “a pair of transversely-spaced endless tracks…said rear section extending transversely relative to the longitudinal loader axis to at least partly overlap with the endless track along a transverse direction and along a vertical direction”. Since claim 1 already claims two (see “pair”) transversely spaced apart endless tracks, wherein the rear section overlaps the endless tracks in both the vertical and horizontal directions, claims 8 and 11 do not further limit claim 1.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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.
Claims 1-3 and 8-13 are rejected under 35 U.S.C. 103 as being unpatentable over Mack (US 20240068431 A1) in view of Tratta (US 20170113742 A1).
With respect to claims 1, Mack discloses: a loader (200, Fig. 5A) comprising: a loader frame presenting forward (280, Fig. 5B) and aft (282) frame ends and a frame compartment (322, Fig. 5A), said loader frame defining a longitudinal loader axis that extends between the forward and aft frame ends, with the loader configured to be advanced in a forward direction associated with the longitudinal loader axis; and a wheeled drive assembly (“four wheels”, paragraph [0057]) that support the loader frame on ground, with the wheeled drive assembly configured to propel the loader in the forward direction (“move the loader in a forward direction”, paragraph [0057]), said loader frame including a rear section that extends rearwardly of the wheeled drive assembly to define a lower pocket (see annotated figure below) of the frame compartment, said rear section extending transversely relative to the longitudinal loader axis to at least partly overlap with the endless track along a transverse direction (see Fig. 5B) and along a vertical direction (see Fig. 5D).
Mack is silent in teaching a tracked drive assembly including a pair of transversely-spaced endless tracks that support the loader frame on ground, with the tracked drive assembly configured to propel the loader in the forward direction.
Tratta teaches a loader (see “loader”, paragraph [0070]) comprising: a tracked drive assembly including a pair of transversely-spaced endless tracks (16.sub.1 and 16.sub.2, Fig. 2) that support the loader frame on ground, with the tracked drive assembly configured to propel the loader in the forward direction. Tratta further teaches that tracked drive assemblies offer advantages in terms of available grip over wheeled assemblies especially in wet conditions (see paragraph [0003]).
Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify Mack in view of Tratta to arrive at the claimed invention and to improve the vehicle's grip by increasing the contact patch that the drive assembly has with the ground as taught by Tratta (see paragraph [0003]).
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With respect to claim 2, Mack in view of Tratta as modified above teaches: the loader as claimed in claim 1, said rear section of the loader frame including a lower channel (bottom wall of lower pocket, see annotated figure above) that forms the lower pocket, said lower channel presenting opposed outboard ends that are laterally spaced apart, with the lower channel extending continuously between the outboard ends (see annotated figure below).
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Note, Fig. 5A of Mack illustrates only one outboard end of the lower channel; however, it is readily evident from the figures that Mack discloses a second outboard end of the lower channel as the lower channel is finite in length and therefore must have a second end. Further note, as presented, claim 2 does not require that the lower channel ends in a particular manner, only that it has an end.
With respect to claim 3, Mack in view of Tratta as modified above teaches: the loader as claimed in 2, said lower channel being spaced rearwardly of the tracked drive assembly. Since in the unmodified version of Mack, the lower channel is spaced rearwardly of the wheeled drive assembly, after applying the teachings of a tracked drive assembly to the vehicle disclosed by Mack, the modified vehicle would have a lower channel spaced rearwardly of a tracked drive assembly.
With respect to claim 8, Mack in view of Tratta as modified above teaches: the loader as claimed in claim 2, said tracked drive assembly including another endless track (Tratta; 16.sub.1, Fig. 2) spaced transversely from the first-mentioned track (16.sub.2, Fig. 2), said rear section at least partly overlapping both endless tracks along the transverse direction and along the vertical direction (Mack; see Fig. 5B and 5D). Since in the unmodified state, the rear section of Mack overlaps the wheel drive assembly, in the vertical and transverse direction, when modified to have a tracked drive assembly, the vehicle disclosed by Mack would have a rear section that overlaps a tracked drive assembly in the vertical and transverse direction.
With respect to claim 9, Mack in view of Tratta as modified above teaches: the loader as claimed in claim 1, said loader frame including opposite left and right frame sides that extend along the longitudinal loader axis to form part of the rear section, said frames each including an upright wall (214A/B, Fig. 5A) extending longitudinally between the endless tracks, with the upright walls being opposed to define therebetween a respective portion of the frame compartment, at least one of said side frames including an outboard wall (see annotated figure below) located adjacent the respective upright wall, with the rear section extending in an outboard direction from the respective upright wall to the outboard wall
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With respect to claim 10, Mack in view of Tratta as modified above teaches: the loader as claimed in claim 9, each of said frame sides including the outboard wall (see annotated figure above) with the rear section extending from each upright wall to the corresponding outboard wall.
With respect to claim 11, Mack in view of Tratta as modified above teaches: the loader as claimed in claim 10, said tracked drive assembly including another endless track (Tratta; 16.sub.1, Fig. 2) spaced transversely from the first-mentioned track (16.sub.2, Fig. 2), said rear section at least partly overlapping both endless tracks along the transverse direction and along the vertical direction (Mack; see Fig. 5B and 5D). Since in the unmodified state, the rear section of Mack overlaps the wheel drive assembly, in the vertical and transverse direction, when modified to have a tracked drive assembly, the vehicle disclosed by Mack would have a rear section that overlaps a tracked drive assembly in the vertical and transverse direction.
With respect to claim 12, Mack in view of Tratta as modified above teaches: the loader as claimed in claim 11, said rear section forming at least part of an exterior well (see annotated figure below) to receive the corresponding endless track.
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With respect to claim 13, Mack in view of Tratta teaches: the loader as claimed in claim 12, said rear section of the loader frame including a lower channel (bottom wall of lower pocket, see annotated figure above) that forms the lower pocket, said lower channel presenting opposed outboard ends that are laterally spaced apart, with the lower channel extending continuously between the outboard ends (see annotated figure above).
Note, Fig. 5A of Mack illustrates only one outboard end of the lower channel; however, it is readily evident from the figures that Mack discloses a second outboard end of the lower channel as the lower channel is finite in length and therefore must have a second end. Further note, as presented, claim 2 does not require that the lower channel ends in a particular manner, only that it has an end.
Allowable Subject Matter
Claims 4-7 and 14-18 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.
With respect to claims 4 and 14, the closest prior art of record is Mack (US 20240068431 A1). Mack discloses: a loader (200, Fig. 5A) comprising: a loader frame presenting forward (280) and aft (282) frame ends and a frame compartment (322), said loader frame defining a longitudinal loader axis that extends between the forward and aft frame ends, with the loader configured to be advanced in a forward direction associated with the longitudinal loader axis; and a wheeled drive assembly that support the loader frame on ground, with the wheeled drive assembly configured to propel the loader in the forward direction, said loader frame including a rear section that extends rearwardly of the wheeled drive assembly to define a lower pocket (see annotated figure below) of the frame compartment, said rear section extending transversely relative to the longitudinal loader axis to at least partly overlap with the endless track along a transverse direction (see Fig. 5B) and along a vertical direction (see Fig. 5D).
Regarding claim 4, Mack is silent in teaching that the lower cannel includes an outboard section that angles upwardly from the lowermost section toward a respective outboard end.
Regarding claim 14, Mack is silent in teaching that any part of the exterior well is formed by the lower channel and a respective upright wall.
Suggestions to modify Mack to arrive at the inventions as claimed in claims 4 and 14 were not reasonably found in the prior art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and discloses rear frame structures for work vehicles and vehicle comprising means for routing conduit in general.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Matthew D Lee whose telephone number is (571)272-6087. The examiner can normally be reached Mon. - Fri. (7:30 - 5:00 EST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, John Olszewski can be reached at (571) 272-2706. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATTHEW D LEE/ Examiner, Art Unit 3617
/JOHN OLSZEWSKI/ Supervisory Patent Examiner, Art Unit 3617
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