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 .
Information Disclosure Statement
The information disclosure statement filed 01/10/2024 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. It has been placed in the application file, but the information referred to therein has not been considered.
A copy of Internation Search Report related International Application
No. PCT/KR2022/010268; action dated January 25, 2023; (pages 3) is missing.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description:
Operation lever 22 (page 9, line 11) is not shown in Figure 11.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description:
D1 and D2 in FIG.14 are not mentioned in the description.
Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The Substitute Specification filed on 01/10/2024 has been entered by the Examiner.
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.
Claim(s) 1 and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP 2002347437 A in view of Tindall et al. US 4518195 A.
Regarding claim 1 and 6, JP 2002347437 A discloses an agricultural work vehicle (working vehicle such as an agricultural tractor, a combine or a hydraulic excavator in paragraph [0001] as shown in Figure 1), comprising: a vehicle body (in paragraph [0008] as shown in Figure 1); and a cabin (cabin 8 in paragraph [0008] as shown in Figure 1) coupled to the vehicle body (as shown in Figure 1), and provided with a driver's seat (driving seat 7 in paragraph [0008] as shown in Figure 2) therein; wherein the cabin (cabin 8 in paragraph [0008] as shown in Figure 1) includes: a lower frame (lower frames 11 and cross member below reference character 16 as shown in Figure 3) configured to form a lower part of the cabin (cabin 8 in paragraph [0008] as shown in Figures 1-3); an upper frame (14, 15 and 16 as shown in Figure 3) configured to form an upper part of the cabin (cabin 8 in paragraph [0008] as shown in Figures 1-3) (claim 1); and wherein: the cabin (cabin 8 in paragraph [0008] as shown in Figure 1) includes at least one rear frame (13 and 16 as shown in Figure 3) configured such that one side (13 as shown in Figure 3) thereof is coupled to the rear of the lower frame (lower frames 11 and cross member below reference character 16 as shown in Figure 3) and a remaining side (13 as shown in Figure 3) thereof is coupled to the rear of the upper frame (14, 15 and 16 as shown in Figure 3) (claim 6);
However, JP 2002347437 A does not show a lower window selectively and detachably coupled to a rear of the lower frame, and configured to be selectively opened and closed; and an upper window hinged to a rear of the upper frame on one side thereof, and openably coupled to the upper frame (claim 1); and a gas spring coupled to each of the rear frame and the upper window to adjust a distance by which the upper window is spaced from the rear frame; and the upper window is pressed by the gas spring and is placed in a fully open position where a rear portion of the upper frame is fully opened (claim 6).
Tindall et al. teaches a rear window structure (14 as shown in Figure 1), rear wall (15 as shown in Figure 1) of the cab (10 as shown in Figure 1) has a large opening therein that receives a window frame (16 as shown in Figure 1); cab (10 as shown in Figure 1) further has a roof or overhead (17 as shown in Figure 1); fitted into the window frame (16 as shown in Figure 1) are upper and lower vertical panels (18 and 19 as shown in Figure 1); the panes or panels
(18 and 19 as shown in Figure 1) are generally co-planar and have adjoining horizontal edges at their lower and upper ends, respectively; an upper horizontal edge of the upper panel (18 as shown in Figure 1) is horizontally hinged at
(21 as shown in Figure 3) to a horizontal portion (22 as shown in Figure 3) of the window frame (16 as shown in Figure 3); the upper panel 18 may, therefore, swing inwardly on its hinge (21 as shown in Figure 3) from its normal upright position to a horizontal position underlying the roof (17 as shown in Figure 1) of the cab; provision is made for storing the lower panel (19 as shown in Figure 4) behind and inboard of the upper panel (18 as shown in Figure 4); such provision is accomplished by a pair of knobs (31 as shown in Figure 1) that are fixed to and positioned just inboard the lower edge of the upper panel (18 as shown in Figure 1); as shown in Figures 2 and 3, there is provided on opposite sides of the cab frame (15) and on the inner side thereof a pair of
gas-operated cylinders (96 and 97); the expansion force of the cylinders
(96 and 97 as shown in Figures 2 and 3) will help to raise the window pane (18 as shown Figure 4) and the window pane (19 as shown in Figure 4), when it is stored on the pane (18 as shown in Figure 4), to its uppermost position shown in Figures 3 and 4 where the latch elements (25 as shown in Figure 4) contact and hold the respective panels in their uppermost position in underlying relation to the roof of the cab.
Regarding claims 1 and 6, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to make the agricultural vehicle of JP 2002347437 A with a lower window selectively and detachably coupled to a rear of the lower frame, and configured to be selectively opened and closed; and an upper window hinged to a rear of the upper frame on one side thereof, and openably coupled to the upper frame and a gas spring coupled to each of the rear frame and the upper window to adjust a distance by which the upper window is spaced from the rear frame; and the upper window is pressed by the gas spring and is placed in a fully open position where a rear portion of the upper frame is fully opened, as taught by Tindall et al., with a reasonable expectation of success in order for an operator of a piece of farm equipment or industrial equipment will prefer that the windows of the cab be open for better visibility or for ventilating purposes.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP 2002347437 A in view of Tindall et al. US 4518195 A as applied to claim 1 above, and further in view of Akiyama US 4036077 A.
Regarding claim 7, JP 2002347437 A, as modified, discloses the agricultural work vehicle (working vehicle such as an agricultural tractor, a combine or a hydraulic excavator in paragraph [0001] as shown in Figure 1 of
JP 2002347437 A) of claim 1, wherein: the vehicle body (as shown in Figure 1 of JP 2002347437 A) includes a work machine installed at a rear of the vehicle body (inherent to stall a work machine at a rear of the agricultural tractor), one end of the upper window (18 as shown in Figure 1 of Tindall et al.) is coupled to the cabin (10 as shown in Figure 1 of Tindall et al.) by a hinge (21 as shown in Figure 1 of Tindall et al.) but does not show an operation lever installed on the work machine to operate the work machine; and the upper window is arranged such that a remaining end of the upper window does not interfere with the operation lever during a process in which the upper window is opened while rotating around the hinge.
Akiyama teaches six control levers 1 (column 2, lines 29-31 as shown on Figures 3 and 5) on a construction machine such as a backhoe.
Regarding claim 7, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to make the work machine of JP 2002347437 A with an operation lever installed on the work machine, as taught by Akiyama, with a reasonable expectation of success in order to operate the work machine.
Since upper panel (18) is horizontally hinged on its upper edge so that the panel, and the lower panel (19), if it is stored on the upper panel (18), may be swung inwardly of the cab and underneath the cab roof as shown in Figure 4, therefore upper window is arranged such that a remaining end of the upper window does not interfere with the operation lever during a process in which the upper window is opened while rotating around the hinge
Allowable Subject Matter
Claims 2-5 and 8-11 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.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 2, the opening and closing device includes a stop member coupled to the rear frame to protrude toward the upper window, and an opening and closing part coupled to the upper window; and the opening and closing part is supported on the stop member so that the upper window can be opened or closed.
Claims 3 and 4 depends from claim 2.
Regarding claim 5, an adjusting member coupled to each of the upper window and the rear frame is not taught nor is fairly suggested by the prior art of record.
Regarding claim 8, wherein: the upper window closes the rear portion of the upper frame to partially overlap the lower window after the lower window has closed the rear portion of the lower frame members is not taught nor is fairly suggested by the prior art of record.
Claim 9 depends from claim 8.
Regarding claim 10, wherein: the lower frame includes a passage member configured such that a part of an operator's body can protrude out of the cabin beyond a top of the rear of the lower frame therethrough, and connection members coupled to both sides of the passage member; and the passage member is formed at a lower height than the connection members is not taught nor is fairly suggested by the prior art of record.
Claim 11 depends from claim 10.
Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure.
US 4081051 A discloses a dual-purpose vehicle, indicated generally at 10, has an operator's station, which in the illustrated vehicle is a cab, indicated generally at 11, and at the rear of the vehicle is mounted a backhoe, indicated generally at 12, the controls 12a of which are mounted on the platform 14 of the vehicle to the rear of the cab 11.
Communication
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Lori Lyjak whose telephone number is (571)272-6658. The examiner can normally be reached 8:00 AM-4:30 PM (EST) Monday-Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amy Weisberg can be reached at 571-270-5500. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Lori Lyjak/Primary Examiner, Art Unit 3612