DETAILED ACTION
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
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.
Claim 1-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ma (CN 106269039) in view of Wissler (US 20050236824).
Regarding claim 1, Ma discloses a mobile plant (Fig. 1-5) comprising: a chassis (1); a group of dual wheels (Fig. 1: element 4. Wheels are on either side of the vehicle therefor 6 total-- 3 dual wheels) coupled to the chassis; a crusher (cone crusher 2) disposed on the chassis; and a plurality of jacks (6 ,7: “With reference to the accompanying drawings, practical method of this invention is as follows: the machine frame is connected with the traction seat wheel (supported by tractor, adjusting block support pin) has been detached from the tractor pulling the whole cone crusher movable, when moving to the working place. the towing vehicle from the machine frame, the jack is jacked up to whole frame, the wheel and the ground are separated, and then the supporting adjusting block is connected on the lower end of the supporting foot, at last put jack, the supporting adjusting block contacts the ground support, so as to locate the cone crusher; When the cone crusher transfer, through jack jacking frame, unloading the supporting adjusting block, progressively down the jack, the wheel landing, then pulling the cone crusher through the tractor, without repetitive disassembly and assembly, be directly transfer, transfer is flexible. movement of the wheel when the spring component has good shock absorption effect, the cone crusher has protection function.”).
Ma fails to disclose each of which is not oriented substantially perpendicular with respect to a longitudinal axis of said chassis.
Wissler teaches a vehicle leveling support jack system (Fig. 1-6) wherein comprising a frame support member (20), two telescoping jacks (outrigger unit 34, see [0029]) both in front and back (see Fig. 1) of the frame, the first front telescoping jack longitudinal axis and the second front telescoping jack longitudinal axis are upwardly and inwardly inclined (see Fig. 1-5). Wissler also teaches that the vehicle leveling support jack system levels the work vehicle so that the vehicle can be used over an increased variety of terrains ([0002], [0010], Fig. 3).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to replace the jacks of Ma with the telescoping jack system as taught by Wissler above in order to use hydraulic jack system for quicker deployment and better stabilize the vehicle in variety of terrains ([0002], [0010], Fig. 3, Wissler).
Regarding claim 2, modified Ma teaches the mobile plant of claim 1 wherein one of said plurality of jacks is disposed between another of said plurality of jacks and said group of dual wheels. (see Fig. 1- location of the jacks, Ma)
Regarding claim 3, modified Ma teaches the mobile plant of claim 2 wherein one of said plurality of jacks is free of any structure (as modified, the jacks are hydraulic jacks- no structure added to reduce internal vibration) configured to reduce an internal vibration induced relative motion between telescoping portions thereof.
Regarding claim 4, modified Ma teaches the mobile plant of claim 1 wherein each of said plurality of jacks is a telescopic jack (as modified, see Fig. 6 of Wissler. 34 moves in and out inside the cylinder).
Regarding claim 5, modified Ma teaches the mobile plant of claim 4 wherein each of said plurality of jacks is a hydraulic jack. ([0030] Each unit 32 and 34 has a leveling cylinder 30 using a two-directional, i.e., double acting hydraulic system well known in the art., Wissler)
Regarding claim 6, modified Ma teaches the mobile plant of claim 4 wherein said internal vibration induced relative motion between telescoping portions thereof is between inner and outer telescoping portions of said telescopic jack. (fluid internal to the jacks provide reduced vibration.)
Regarding claim 7, modified Ma teaches the mobile plant of claim 2 is free of any pins or clamps configured to reduce internal vibration induced relative motion in each of said plurality of jacks. (as modified by Wissler, no pins or clamps are there in hydraulic cylinders)
Regarding claim 9, see claim 2 rejection.
Regarding claim 10, see claim 3 rejection.
Regarding claim 8, Ma discloses a mobile plant (Fig. 1-5) comprising: a chassis (1); a group of wheels (Fig. 1: element 4. Wheels are on either side of the vehicle therefor 6 total-- 3 dual wheels) coupled to the chassis, a crusher (cone crusher 2) disposed on the chassis; and a plurality of jacks (6 ,7: “With reference to the accompanying drawings, practical method of this invention is as follows: the machine frame is connected with the traction seat wheel (supported by tractor, adjusting block support pin) has been detached from the tractor pulling the whole cone crusher movable, when moving to the working place. the towing vehicle from the machine frame, the jack is jacked up to whole frame, the wheel and the ground are separated, and then the supporting adjusting block is connected on the lower end of the supporting foot, at last put jack, the supporting adjusting block contacts the ground support, so as to locate the cone crusher; When the cone crusher transfer, through jack jacking frame, unloading the supporting adjusting block, progressively down the jack, the wheel landing, then pulling the cone crusher through the tractor, without repetitive disassembly and assembly, be directly transfer, transfer is flexible. movement of the wheel when the spring component has good shock absorption effect, the cone crusher has protection function.”).
Ma fails to disclose each of which is not oriented perpendicular with respect to a longitudinal axis of said chassis.
Wissler teaches a vehicle leveling support jack system (Fig. 1-6) wherein comprising a frame support member (20), two telescoping jacks (outrigger unit 34, see [0029]) both in front and back (see Fig. 1) of the frame, the first front telescoping jack longitudinal axis and the second front telescoping jack longitudinal axis are upwardly and inwardly inclined (see Fig. 1-5). Wissler also teaches that the vehicle leveling support jack system levels the work vehicle so that the vehicle can be used over an increased variety of terrains ([0002], [0010], Fig. 3).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to replace the jacks of Ma with the telescoping jack system as taught by Wissler above in order to use hydraulic jack system for quicker deployment and better stabilize the vehicle in variety of terrains ([0002], [0010], Fig. 3, Wissler).
Regarding claim 11, Ma discloses a mobile plant (Fig. 1-5) comprising: a chassis (1); a group of dual wheels (Fig. 1: element 4. Wheels are on either side of the vehicle therefor 6 total-- 3 dual wheels) coupled to the chassis; a cone crusher (cone crusher 2) disposed on the chassis; and a plurality of jacks (6 ,7: “With reference to the accompanying drawings, practical method of this invention is as follows: the machine frame is connected with the traction seat wheel (supported by tractor, adjusting block support pin) has been detached from the tractor pulling the whole cone crusher movable, when moving to the working place. the towing vehicle from the machine frame, the jack is jacked up to whole frame, the wheel and the ground are separated, and then the supporting adjusting block is connected on the lower end of the supporting foot, at last put jack, the supporting adjusting block contacts the ground support, so as to locate the cone crusher; When the cone crusher transfer, through jack jacking frame, unloading the supporting adjusting block, progressively down the jack, the wheel landing, then pulling the cone crusher through the tractor, without repetitive disassembly and assembly, be directly transfer, transfer is flexible. movement of the wheel when the spring component has good shock absorption effect, the cone crusher has protection function.”).
Ma is silent to tandem dual wheels and the jacks each of which is not oriented substantially perpendicular with respect to a longitudinal axis of said chassis.
Wissler teaches a vehicle leveling support jack system (Fig. 1-6) wherein comprising a frame support member (20), two telescoping jacks (outrigger unit 34, see [0029]) both in front and back (see Fig. 1) of the frame, the first front telescoping jack longitudinal axis and the second front telescoping jack longitudinal axis are upwardly and inwardly inclined (see Fig. 1-5). Wissler also teaches that the vehicle leveling support jack system levels the work vehicle so that the vehicle can be used over an increased variety of terrains ([0002], [0010], Fig. 3).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to replace the jacks of Ma with the telescoping jack system as taught by Wissler above in order to use hydraulic jack system for quicker deployment and better stabilize the vehicle in variety of terrains ([0002], [0010], Fig. 3, Wissler).
Examiner takes official notice that the tandem wheels on a work vehicle is well known feature to support the heavy weight of the vehicle. Therefore, it would have been obvious to one having ordinary skill in the art at the time of filing to modify the wheels of Ma to have tandem wheels to support the heavy wheel of Ma’s working vehicle.
Regarding claim 12, see claim 2 rejection.
Regarding claim 13, see claim 3 rejection.
Regarding claim 14, see claim 4 rejection.
Regarding claim 15, see claim 5 rejection.
Regarding claim 16, see claim 6 rejection.
Regarding claim 17, see claim 7 rejection.
Response to Arguments
Applicant's arguments filed 7/27/2026 have been fully considered but they are not persuasive.
Applicant argues in pg. 6-7 that the motivation as stated by the examiner “in order to use hydraulic system for quicker deployment and better stabilize the vehicle in variety of terrians.” Does not address the specific technical problem solved by the present invention: vibration-induced relative motion between the nested telescoping portions of jacks during operation of high-vibration cone crusher.
Examiner points to MPEP 2144 Section IV “RATIONALE DIFFERENT FROM APPLICANT’S IS PERMISSIBLE”. Examiner adds that vibration reduction is an inherent function of a hydraulic cylinder. Even if motivation to combine the references wasn't to reduce vibration, the motivation does not have to be the same as the applicant. Examiner also notes that the structural difference must be claimed to overcome the prior art rather than what the intended outcome is of the structure.
In response to applicant's argument that the examiner's conclusion of obviousness is based upon improper hindsight reasoning, it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant's disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 3409235, WO 9200147 teach similar mobile plants.
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BOBBY YEONJIN KIM whose telephone number is (571)272-1866. The examiner can normally be reached M-F 9 am - 5 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christopher Templeton can be reached on (571) 270-1477. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BOBBY YEONJIN KIM/ Examiner, Art Unit 3725
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