DETAILED ACTION
Claim Objections
Claim 1 is objected to because of the following informalities:
Line 4, “the” between “extending” and “throughout” should be removed.
Claim 10 is objected to because of the following informalities:
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 1-2, 5-7, 9, and 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over Gilbride (US20190177140).
1: A control console (Fig. 3) for a personnel-lifting machine ([0003]: “aerial work platform”), said control console including a main body (10) having front and rear faces connected to each other by a through-passage (14) which is closed by both lower and upper crosspieces of the main body (see annotated image below), each extending the throughout the width of the main body, and left-hand and right-hand uprights, each extending throughout the height of the main body (see annotated image below), wherein the control console includes a joystick (32) which is arranged inside the through-passage, extending upwards from the lower crosspiece, and which, at rest, occupies a rest position in which, when the control console is in use, the joystick is tilted backwards when considering the joystick from bottom to top (intended use - since the control console is not connected to any structure, the joystick may occupy any position in free space to meet the limitation of the claim, in other words, there is no frame of reference to ascertain “tilted backwards”), and wherein the front face of the main body includes a flat surface (see annotated portion of Fig. 3 of Gilbride below, also note that flat surface 47 is disclosed as extending to a lower edge of the lower cross piece, which is “set back from the flat surface", therefore the flat surface is not flat as in “planar" but flat as in substantially smooth), onto which the through-passage emerges, which, when the control console is in use, is tilted rearwards (see above re: tilted rearwards) when considering the flat surface from bottom to top, and which extends continuously both on the upper crosspiece, where the flat surface is provided with a display (25), on the left-hand upright, where the flat surface is provided with a push-button (see annotated Fig. 3), and on the lower crosspiece, where the flat surface runs from the through-passage to a lower edge of the lower crosspiece, the lower edge being, at least over a portion of the extent thereof between the left-hand and right-hand uprights, setback from the flat surface.
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Gilbride fails to disclose multiple pushbuttons. However, per MPEP 2144.04.VI.B, the mere duplication of parts has no patentable significance unless a new and unexpected result is produced. Accordingly, 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 have included multiple pushbuttons with the control console of Gilbride in order to add more controls to the aerial work platform.
2: The control console according to claim 1, wherein the flat surface includes, on the lower crosspiece, a first region, which is located in vertical alignment with the joystick, and a second region, which connects the first region to the right-hand upright, and wherein the first and second regions of the flat surface are devoid of any control element (see the shaded area of the lower crosspiece).
5. The control console according to claim 1, wherein the rear face of the main body defines a rear support plane, set back from which the joystick is arranged in the rest position (see Fig. 5 – note that in the rear shows the joystick is not visible due to being set back from the rear support plane).
6: The control console according to claim 1, wherein the left-hand upright is shaped into a handle for the left hand of an operator using the control console (see Fig. 1 and [0024]: “Integrated handles 20 are positioned adjacent the left thumb joystick controller 16 and the right thumb joystick controller 18, respectively. The integrated handles 20 are ergonomically positioned relative to the left and right thumb joystick controllers 16, 18 such that when an operator grasps the handles 20, the operator's thumbs are naturally positioned adjacent the left and right thumb joystick controllers 16, 18, respectively. The operator can use the integrated handles 20 for support during use and operation of the vehicle”).
7: The control console according to claim 1, wherein when the control console is in use, the joystick in the rest position is tilted at 45 degrees, plus or minus 5 degrees, with respect to the vertical (since the control console is not connected to any structure, Gilbride’s joystick may occupy any position in free space to meet the limitation of the claim, in other words, there is no frame of reference to ascertain rest position with respect to vertical, for example, the AWP could be parked on a hill or the console may be at rest and inclined relative to vertical while being hand held).
9: The control console according to claim 1, wherein the control console includes a wrist rest for the right hand of an operator holding the joystick, said wrist rest being arranged in the lower right-hand corner of the through- passage (see annotated Fig. 3).
13. A personnel-lifting machine including: a ground support (industrial vehicle), a platform (AWP, [0003]) suitable for at least one operator standing thereon, a lifting structure (boom lift; [0003]) , which supports the platform and which is movably arranged on the ground support chassis ([0024]: “the wheels return to center”) so as to raise the platform ([0026]: “Exemplary secondary function switches 24 control various features of the machine, and in the context of an aerial work platform, may serve to activate boom and/or jib function”), to a greater or lesser extent, with respect to the ground support chassis ([0022]:”aerial work platform”), and a control console, which is according to claim 1 and which is attached to the platform either permanently or in a removable manner ([0031]: “In FIG. 5, the control box 10 is secured to the railing 42 via a cantilevered frame 54. A release rail 56 releases a lock to enable the box 10 to pivot on the pivot axis 46 at the outer upper end of the control box 10 as shown. The cantilevered frame 54 adds strength and aids in adjustability. The adjustable position of the control box accommodates operators of varying heights”).
14: Gilbride fails to explicitly disclose the machine according to claim 13, wherein the center of the joystick is located between 91 and 95 cm from a floor of the platform when the control console is attached to the platform. However, Gilbride discloses wherein the height of the control box is adjustable, see [0030]. Since Gilbride’s console is adjustably mounted to the guardrail of the AWP, the height of the joystick is necessarily close to the claimed range. Per MPEP 2144.05 a prima facie case of obviousness exists there the claimed ranges or amounts are merely close to the prior art. Accordingly, 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 have included wherein the center of the joystick is located between 91 and 95 cm from a floor of the platform when the control console is attached to the platform in the machine disclosed by Gilbride in order to render the joystick accessible to a worker.
15: Gilbride fails to explicitly disclose the machine according to claim 13, wherein the joystick is designed for raising the platform when the joystick is tilted forwards from the rest position thereof, and lowering the platform when the joystick is tilted backwards from the rest position thereof. However, Gilbride doses discslose that either one or the other of the disclosed joysticks may control lift and swing functions of the boom, see [0024]: “In the exemplary application to aerial work platforms, the left thumb joystick controller 16 may be associated with lift and swing functions of the boom, and the right thumb joystick controller 18 may be associated with drive and steer functions of the vehicle. Of course, this functionality could be reversed.”. And per MPEP 2144.VI.A the reversal of parts, e.g., tilted backwards or forwards to lower or raise, respectively or vice versa, is a prima facie obvious modification of controllers. 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 have included wherein the joystick is designed for raising the platform when the joystick is tilted forwards from the rest position thereof, and lowering the platform when the joystick is tilted backwards from the rest position thereof in the AWP of Gilbride in order to tailor the controls to be more intuitive for different markets.
Claims 3-4 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Gilbride (US20190177140) in view of Bhatia (US20200317489).
3: Gilbride discloses the control console according to claim 1, wherein the flat surface is provided, on the upper crosspiece, with a button (see annotated Fig. 3). Gilbride fails to disclose wherein the button is an emergency stop. Bhatia teaches, in the context of aerial work platforms, a control console with an emergency stop button ([0040]: “System overrides may also be incorporated into the control panel 144. For example, an emergency stop button 148 can be positioned on one end of the first control panel 144”). 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 have included wherein the button is an emergency button in the control console of Gilbride according to the teachings of Bhatia in order to stop the aerial work platform in an emergency.
4: Gilbride fails to disclose the control console according to claim 1, wherein the front face of the main body has a rim protruding from the flat surface and running over a part of the periphery of the flat surface, in such a way that the edge of the rim, facing forwards, defines a front support plane, set back from which the joystick in the rest position and the push-buttons are arranged. Bhatia teaches, in the context of control consoles for aerial work platforms, wherein the front face of a main body (232, Fig. 5) has a rim (236) protruding from the flat surface and running over a part of the periphery of the flat surface, in such a way that the edge of the rim, facing forwards, defines a front support plane, set back from which a joystick (244) in the rest position and push-buttons (242) are arranged. 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 have included wherein the front face of the main body has a rim protruding from the flat surface and running over a part of the periphery of the flat surface, in such a way that the edge of the rim, facing forwards, defines a front support plane, set back from which the joystick in the rest position and the push-buttons are arranged in the control console of Gilbride according to the teachings of Bhatia in order to provide a stand-off to protect the controls of the control console in the event of a drop or debris falling on the console, etc.
8. Gilbride fails to disclose the control console according to claim 1, wherein the lower crosspiece is provided with a connection port, which is accessible from the front face of the main body and which is arranged on the lower edge of the lower crosspiece, outside said portion of the lower edge. Bhatia teaches, in the context of aerial work platforms, wherein a lower crosspiece (136) is provided with a connection port which is accessible from the front face of the main body (see [0043]: “In some embodiments, the lower enclosure 136 includes one or more USB charge ports (not shown) in electrical communication with the main battery or other power source (e.g., the secondary battery within the lower enclosure 136). The USB charge ports can then supply power to various electronic equipment that may need charging upon the work platform 110, 210, including cell phones, power tools, and radios). 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 have included wherein a lower crosspiece is provided with a connection port which is accessible from the front face of the main body in the control console of Gilbride according to the teachings of Bhatia in order to provide additional convenience to a worker, see [0043] of Bhatia.
Gilbride in view of Bhatia fail to explicitly disclose wherein the connection port is arranged on the lower edge of the lower crosspiece, outside said portion of the lower edge. However, per MPEP 2144.04, the shifting of the position of a part that does not result in the modification of its operation is prima facie obvious. Accordingly, 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 have included wherein the connection port is arranged on the lower edge of the lower crosspiece, outside said portion of the lower edge in the control console of Gilbride in view of Bhatia since such a location would not modify its operation.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Gilbride (US 20190177140) in view of Rousseau (US20230324946).
10: Gilbride discloses the control console according to claim 1, wherein the control console includes structure for a removable attachment to a guardrail of a platform of the personnel-lifting machine, and wherein the structure is arranged on the rear face of the main body, by being rigidly attached to the upper crosspiece ([0031]: “In FIG. 5, the control box 10 is secured to the railing 42 via a cantilevered frame 54. A release rail 56 releases a lock to enable the box 10 to pivot on the pivot axis 46 at the outer upper end of the control box 10 as shown. The cantilevered frame 54 adds strength and aids in adjustability. The adjustable position of the control box accommodates operators of varying heights”).
Gilbride fails to disclose wherein the structure for a removable attachment is a hook. Rousseau teaches, in the context of aerial work platforms, wherein the structure is a hook (8, Fig. 4, also see [0044]: “To allow such mounting, the fixing device 8 of the control console 7 comprises, for the control console 7 to be coupled to the top rail 5 by snap-fitting, one or more fixing members 9 that are at least partially elastically deformable”) 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 have included a hook for the removable attachment in the console of Gilbride according to the teachings of Rousseau to provide multiple options for fixing the device to the guardrail, see [0045] of Rousseau.
Claims 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Gilbride (US 20190177140) in view of Tsiarkezos (US6842921).
11: Gilbride fails to disclose the control console according to claim 1, wherein the control console includes a protective cover, which is flexible and suitable for covering in a removable manner the flat surface, and which is transparent at least in the part thereof that covers the display when the protective cover covers the flat surface. Tsiarkezos teaches in the context of equipment covers, a protective cover, which is flexible and suitable for covering in a removable manner a flat surface, and which is transparent (Abstract: “A slip resistant cover for various articles has a central, substantially non-stretchable sheet and a border of a cross-extensible strip around the perimeter of the sheet. The strip can extend incrementally from its relaxed state by at least 150% under tension of 160 g/cm of strip width or less. Preferably the strip has an open mesh net structure. The slip resistant cover is suitable for covering diverse items, including bedding materials, vehicles, equipment, furniture and the like”). 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 have included a protective cover, which is flexible and suitable for covering in a removable manner a flat surface, and which is transparent at least in the part thereof to cover the console including the display of Gilbride according to the teachings of Tsiarkezos in order to protect the consol from the elements.
12: Gilbride in view of Tsiarkezos disclose wherein the protective cover is deployable to either or both of the lower and upper crosspieces, with which the protective cover cooperates so as to be reversibly retained. Note that the cover of Tsiarkezos is stretchably deployable to be reversibly retained (see col. 2, lines 1-15). Gilbride in view of Tsiarkezos fail to disclose wherein the protective cover is permanently attached to one of the upper and lower crosspieces. However, per MPEP 2144.V.B, permanently attaching one element to another, i.e. making integral, is prima facie obvious absent a showing that such an arrangement would be contrary to expectations in the art. Accordingly, 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 have included wherein the protective cover is permanently attached to one of the upper and lower crosspieces in order to prevent loss of the cover.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Ben Pezzlo whose telephone number is (571)272-9656. The examiner can normally be reached M to Th 7 to 5.
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/BAP/Examiner, Art Unit 3634
/COLLEEN M CHAVCHAVADZE/Primary Examiner, Art Unit 3634
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