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 .
Specification
The abstract of the disclosure is objected to because there appears to be a minor typo as there is no punctuation to end the paragraph of the Abstract. Examiner suggests adding a period after “footprint.” A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
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.
Claims 17-21 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.
A claim, although clear on its face, may also be indefinite when a conflict or inconsistency between the claimed subject matter and the specification disclosure renders the scope of the claim uncertain as inconsistency with the specification disclosure or prior art teachings may make an otherwise definite claim take on an unreasonable degree of uncertainty. In re Moore, 439 F.2d 1232, 1235-36, 169 USPQ 236, 239 (CCPA 1971); In re Cohn, 438 F.2d 989, 169 USPQ 95 (CCPA 1971); In re Hammack, 427 F.2d 1378, 166 USPQ 204 (CCPA 1970). Claim 17 recites “a harness connector that is configured to connect to a port located proximate to a pivot axis of said operator cab.” The specification disclosure describes the wiring harness in paragraph [00208] and states that a connector connects to a wiring harness port where the port is located at a lower portion of the back side of the cab. The pivot axis of the operator cab appears to be at the top end of the cab and not exactly close or proximate to the location described for the harness port 602 or where they are shown in the Figures (at least Figure 37 showing 602 located a relative distance away from the pivot axis). Thus, it appears that the language of claim 17 is inconsistent with the specification disclosure thus rendering the scope of the claim indefinite.
Claims 18-21 are rejected at least due to their dependency from claim 17.
Claim Rejections - 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.
Claims 1-4, 6, and 9-16 rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent Publication 2021/0053628 to Storhaug.
Regarding claim 1, Storhaug discloses a work machine (100, 200) comprising: a frame (110, 210) presenting an interior compartment (see Figure 2 within frame 210); an operator cab (250) hingedly (at 314) connected to said frame (210) so that said cab can be selectively positioned in a lowered position and a raised position (see at least paragraph [0050]), wherein said cab presents an interior space (255 within 250; see Figure 2); and one or more control elements (260) located in said interior space, wherein said control elements (260) are configured to be manipulated by a user to control functions of said work machine (see paragraph [0037] discussing the carious operator inputs to control functions), wherein one or more control lines extend from said cab to said frame (wiring harness; see paragraph [0047] discussing use of electrical conduits), wherein said one or more control lines only include electrical conductors (see paragraph [0037] disclosing that inputs can be only electrical signals).
Regarding claim 2, Storhaug discloses no hydraulic lines or HVAC hoses (see paragraph [0065] that discloses the components are below the cab) extend from said cab to said frame (see at least paragraph [0037] discloses that signals can be solely electrical; see also paragraph [0062]).
Regarding claim 3, Storhaug discloses no mechanical control lines extend from said cab to said frame (see at least paragraph [0037] discussing using only electrical signals for the controls and does not disclose using any linkages).
Regarding claim 4, Storhaug discloses no mechanical control linkages connected to said one or more control elements extend from said cab to said frame (see paragraph [0037] describing the control elements 260 that operator can manipulate and to generate only electrical signals).
Regarding claim 6, Storhaug discloses a seat (258) located in said interior space, said one or more control elements being mounted on said seat (260; see at least Figure 2).
Regarding claim 9, Storhaug discloses a wiring harness that encases said one or more control lines (see at least paragraph [0047] describing conduits and communication with a data bus).
Regarding claim 10. Storhaug discloses one or more control lines comprise electric-over-hydraulic communication lines (Storhaug discloses using electrical signals to control hydraulics; see at least in paragraphs [0037], [0047], and [0062]).
Regarding claim 11, Storhaug discloses a work machine (100, 200) comprising: a frame (110, 210) presenting an interior compartment (within 210); a hydraulic system (at least 235, 238) at least partially positioned in said interior compartment (see at least Figure 2); an operator cab (250) hingedly (at 314) connected to said frame so that said cab can be selectively positioned in a lowered position and a raised position (see at least paragraph [0050]), wherein said cab (250) presents an interior space (255); and a control system (160, 260) at least partially located in said interior space (see at least Figure 2; see also paragraphs [0033] and [0037]) and comprising - a controller (160 and 260) configured to control operations of said hydraulic system (see at least paragraphs [0033] and [0037] discussing control of lift arm (hydraulics); see also paragraph[0047] discussing using electrical power for electrical actuators and or an electronic controller), one or more control elements located in said interior space of said cab and in electrical communication with said controller (see at least paragraph [0037] and [0047], and control lines extending from said cab to said frame (wiring harness; see paragraph [0047] discussing use of electrical conduits), wherein said one or more control lines only include electrical conductors (see paragraph [0037] disclosing that inputs can be only electrical signals).
Regarding claim 12, Storhaug discloses a wiring harness that encases said one or more control lines (see at least paragraph [0047] describing conduits and communication with a data bus).
Regarding claim 13, Storhaug discloses the one or more control elements includes a graphic display (see paragraphs [0037] and [0038] discussing the use of displays for control of operation).
Regarding claim 14, Storhaug discloses no hydraulic lines extend from said cab to said frame (see at least paragraph [0037] discloses that signals can be solely electrical; see also paragraph [0062]).
Regarding claim 15, Storhaug discloses no mechanical control cables extend from said cab to said frame (see at least paragraph [0037] discussing using only electrical signals for the controls and does not disclose using any cables).
Regarding claim 16, Storhaug discloses a work machine (100, 200) comprising: a frame (110, 210) presenting an interior compartment (within 210; see Figure 2) and including an upwardly extending rearward portion (see at least near 214B in Figure 2); a drive assembly (140, 219) supporting the frame (210) and configured to propel the frame (210); an engine or motor (power source 120/220 which can be engine, electrical, or hybrid; see paragraph [0031]) at least partially mounted in said interior compartment (see 220 in Figure 2) and configured to power the drive assembly (see paragraph [0036]); an operator cab (250) hingedly (via 314) connected to said rearward portion so that said cab (250) can be selectively positioned in a lowered position and a raised position (see at least paragraph [0050]), wherein said cab (250) presents an interior space (255); one or more control elements (160, 260) located in said interior space of said cab (see at least Figure 2; see also paragraphs [0033] and [0037]), wherein said control elements are configured to be manipulated by a user to control functions of said engine or motor (see at least paragraphs [0027], [0031], and [0033]) ; and control lines connected to said plurality of controls and extending from said interior space to said interior compartment, wherein said control lines only include electrical conductors (wiring harness; see paragraph [0047] discussing use of electrical conduits; see paragraph [0037] disclosing that inputs can be only electrical signals).
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 7 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Storhaug in view of KR 2014-0141760 to Hwang.
Regarding claim 7, Storhaug is discussed above, and shows what appears to be a lap bar in Figure 2, but fails to explicitly disclose the lap bar.
Hwang discloses having a lap bar (30) installed in a skid steer loader (see Figure 2) over a driver’s seat for safety.
It would have been obvious to one having ordinary skill in the art before the effective filing of the present invention to having a lap bar as disclosed by Hwang on the machine of Storhaug with a reasonable expectation of success in order to provide adequate safety for an operator. The combination would yield predictable results.
Regarding claim 8, Storhaug and Hwang are discussed above, and Storhaug discloses having a display with operation representations and data there on (see paragraphs [0037] and [0038] discussing the use of displays for control of operation).
However, both Storhaug and Hwang do not disclose the lap bar including the display.
It would have been obvious to one having ordinary skill in the art at the time the invention was made to have a display on the lap bar, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. Placing the display on the lap bar would provide ease of access and visibility for an operator, and therefore would have been an obvious option for location of the display. The location placement would yield predictable results.
Claims 17-21 are rejected under 35 U.S.C. 103 as being unpatentable over Storhaug in view of US Patent 10,647,364 to Tilp et al. (hereinafter Tilp).
Regarding claim 17, Storhaug discloses using electrical conduits with a wiring harness (as discussed above), but fails to disclose having a harness connector that connects to a port located proximate to a pivot (rear end) of said operator cab.
Tilp discloses having a work machine (100) having a tilting cab (104) where the wiring harness is used and routed to the cab (104) near the axis where the cab (104) rotates and can be connected and disconnected (via port; see at least col. 3, lines 15-57).
It would have been obvious to one having ordinary skill in the art before the effective filing of the present invention to have used the connecting port in a location as described in Tilp on the machine of Storhaug with a reasonable expectation of success in order to allow proper operation of lifting the cab without hindering operation. The combination would yield predictable results.
Regarding claim 18, Storhaug discloses a controller (at least 160) connected to said wiring harness and operable to receive signals from said one or more control elements and to send control signals to said engine (see at least paragraphs [0027], and [0062] describing control signals 662).
Regarding claim 19, Storhaug discloses no hydraulic lines extend from said cab to said frame (see at least paragraph [0037] discloses that signals can be solely electrical; see also paragraph [0062]).
Regarding claim 20, Storhaug discloses a display mounted in said cab and connected to said wiring harness (see paragraphs [0037] and [0038] discussing the use of displays for control of operation).
Regarding claim 21, Storhaug discloses the display comprises a touch screen configured to display operational data and receive control inputs (see paragraph [0037] describing operator inputs as buttons on a display (aka touchscreen)).
Allowable Subject Matter
Claim 5 is 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.
The following is a statement of reasons for the indication of allowable subject matter: The prior art of record fails to disclose, suggest, or render obvious, alone or in combination, having a work machine with the details rejected above in combination with the frame includes an air outlet, and said cab includes an opening that interfaces with said outlet when said cab is in the lowered position so that no airflow conduits extend from said cab to said frame when said cab is in the raised position. The closest prior art is cited in the above rejections or on the attached PTO-892, and all appear to use conduits and other tubing for air flow. For at least these reasons, the subject matter of claim 5 is allowable.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art cited on the attached PTO-892 all relate to work machines and the various structures for machines with tilting/rotating cabs and machines that minimize usage of tubing/conduits or limit it to electrical conduits or wiring.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Tiffany L. Webb whose telephone number is (571)272-3950. The examiner can normally be reached M-F: 8:30-5.
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/T.L.W./Examiner, Art Unit 3614
/JASON D SHANSKE/Supervisory Patent Examiner, Art Unit 3614