DETAILED ACTION
This action is a first action on the merits. The claims filed on March 18, 2024 have been entered. Claims 1-9 are pending and addressed below.
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 .
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged.
This application claims benefit of US Provisional Application 63/453,267 filed on March 20, 2023.
Drawings
The drawings are objected to under 37 CFR 1.83(a) because they fail to show the “bottom channel” as described in the specification. Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. MPEP § 608.02(d).
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: Refence character “180” is shown in Figure 5, but was not described in the Specification as filed on March 18, 2024 (hereinafter Specification).
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.
Information Disclosure Statement
The information disclosure statement filed on July 11, 2024 have been considered by the Examiner.
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 6-9 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.
Claim 6: The term “generally” in claim 6 is a relative term which renders the claim indefinite. The term “generally” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Specifically, it is unclear as to how close to a rectangular shape the windshield is required to be in order to be considered to be “generally” rectangular in shape.
Claims 7-9 are subsumed by the previously noted rejections because of their dependance either directly or indirectly. Appropriate corrections are required.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-3 and 5-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Komatsu et al., KR 101776121 B1 (hereinafter Komatsu) (all citations are to the English translation dated 2026) in view of Orrell et al., US 7,845,711 (hereinafter Orrell).
Claim 1: Komatsu discloses windshield mounting assembly (as seen in Fig 5) for mounting to a cab frame (revolving frame 5) of a hydraulic excavator (1), the windshield mounting assembly (Fig 5) comprising:
a windshield (front window glass 28) having top (upper edge 28A1), side (left edge 28A3, right edge 28A4) and bottom edges (lower edge portion 28A2) (as shown in Fig 11, pg 3);
a frame (window frame 22) comprising a top frame member (upper frame portion 23A) connectable (at upper bracket 23E) to a top portion of the roll-over protection frame, and first and second side frame members (left frame portion 23D and right frame portion 23B) extending generally transverse to the top frame member (23A) and connectable to respective first and second side portions (left edge 28A3, right edge 28A4) of the cab frame, the top frame member (23A) including a top edge surface (top of main body frame 23), the first and second side frame members (28A3, 28A4) having a top end (at 23E) and a bottom end (at 23F), the first and second side frame members (28A3, 28A4) being connectable to respective opposite ends of the top frame member (23A) (as shown in Fig 6), the top frame member (23A) having a top channel (glass fixing groove 23D) extending between opposite ends of the top frame member (23A), the side frame members (28A3, 28A4) each having a side channel (glass fixing groove 23D) extending from the top end to the bottom end (see Fig 6), and a bottom channel (fitting groove portion 24C on lower bracket 23F) at the bottom end (see Fig 5) that extends transverse to the side channel (glass fixing groove 23D),
the top (grove 23D in top of main body frame 23), side (grove 23D in 28A3, 28A4) and bottom (groove 24C) channels aligned to receive respective top (upper edge 28A1), side (left edge 28A3, right edge 28A4) and bottom (lower edge portion 28A2) edge portions of the windshield (as shown in Fig 11, pg 3), wherein the top edge surface of the top frame member (23A) is connected to the first and second side frame members (28A3, 28A4) (as shown in Fig 11).
Komatsu fails to disclose wherein the windshield is mounted to a roll-over protection frame of a utility terrain vehicle (UTV) and wherein the top edge surface of the top frame member is configured with a recess at each opposite end of the top frame member, and wherein the top end of each of the first and second side frame members is configured with a post, each post being engageable with the respective recesses of the top frame member to connect the first and second side frame members to the top frame member.
Orrell discloses a windshield (windshield 40) mounting assembly for mounting to roll-over protection frame (roll cage) of a utility terrain vehicle (UTV) (as shown in Fig 1, col 1, ln col 1, ln 50-col 2, ln 10), the windshield mounting assembly comprising:
a connection including a top edge surface of a roof bracket (18) configured with a recess (forward slot 21) at each opposite end of the top frame member (as shown in Fig 13), and wherein the top end of each of the first and second side frame members is configured with a post (upper pins 131, 131’), each post (131, 131’) being engageable with the respective recesses (21) to connect the first and second side frame members to the roof bracket (18) (as seen in Fig 13, col 5, ln 61-col 6, ln 5).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention to modify the connection of the top edge surface of the top frame member with the first and second side frame members of Komatsu to be a recess at each opposite end of the top frame member and engageable with a post at the top end of each of the first and second side frame members as disclosed by Orrell, as applying this known connection technique would have yielded the predictable results of connecting the first and second side frame members to the top frame member and improved said connection by allowing attachment and detachment of the side frame members to the top frame member that can be carried out manually, by a single person, in a short period of time, without requiring separate tools (Orrell, see abstract, col 1, ln 57-col 2, ln 7).
Further, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention to utilize the windshield mounting assembly of Komatsu, as modified by Orrell, for mounting to roll-over protection frame of a UTV as disclosed by Orrell as the need for a windshield mounting assembly would have lead one skilled in the art to choose an appropriate windshield mounting assembly such as disclosed by Komatsu. Choosing the appropriate windshield mounting assembly as disclosed by Komatsu would merely be a simple substitution of one known element for another would obtain the predictable result of providing the an approbative windshield for the UTV of Orrell, id. at 301,213 USPQ at 536. in re ICON Health & Fitness, Inc.. 496 F.3d 1374, 83 USPG2d 1746 (Fed. Cir. 2007).
Claim 6: Komatsu discloses windshield mounting assembly (as seen in Fig 5) for mounting to a cab frame (revolving frame 5) of a hydraulic excavator (1), the windshield mounting assembly (Fig 5) comprising:
a generally rectangular a windshield (front window glass 28) having top (upper edge 28A1), bottom (lower edge portion 28A2), and side edges (left edge 28A3, right edge 28A4) (as shown in Fig 11, pg 3);
a windshield frame (window frame 22) comprising:
a top frame member (upper frame portion 23A) connectable (at upper bracket 23E) to a top portion of the cab frame (5), the top frame member having a first end (left end), a second end (right end), a first surface (inner surface) and a second surface (outer surface) spaced from the first surface (top surface), the first and second surfaces extending between the first and second end (left and right ends) of the top frame member (23A), the first and second surfaces defining a top channel a top channel (glass fixing groove 23D in upper bracket 23E) therebetween; and
first and second side frame members (left frame portion 23D and right frame portion 23B) each having a top end (upper end), a bottom end (lower end), a first surface (inner surface) and a second surface (outer surface) spaced from the first surface (inner surface) (as shown in Fig 5), the first and second surfaces (inner and outer surfaces) extending between the top end (upper end) and the bottom end (lower end), the first and second surfaces (inner and outer surfaces) defining a side channel (glass fixing groove 23D in left frame portion 23D and right frame portion 23B) extending generally transverse to the top frame member (as shown in Fig 5-6), the first and second side frame (23D, 23B) members being connectable to respective first and second side portions of the cab frame (5) (as shown in Fig 2), the top end of each of the first and second side frame members (upper ends of 23D, 23B) being connectable to respective opposite ends of the top frame member (23A) (as shown in Fig 6), wherein each end portion of the top frame member (23A) is connected to each top end of the first and second side frame members (23D, 23B),
the bottom end (lower end) of each first and second side frame member (23C, 23B) having a transverse extension (lower bracket 23F), the transverse extension (23F) of the first side frame member (23C) extending toward and spaced from the transverse extension of the second side frame member, the transverse extension including a transverse extension (23F) of the side channel (glass fixing groove 23D of 23C) (transverse extension is spaced toward the inside of the window frame 22), wherein the top channel (glass fixing groove 23D of 23A), side channels (glass fixing groove 23D of 23C and 23B) and transverse extension (bracket 23F) of the side channel (23C, 23B) are aligned to receive respective top (upper edge 28A1), side (left edge 28A3, right edge 28A4), and bottom edge (lower edge portion 28A2) portions of the windshield (as shown in Fig 11, pg 3).
Komatsu fails to disclose wherein the windshield is mounted to a roll-over protection frame of a utility terrain vehicle (UTV) and wherein each end portion of the top frame member includes a post and where each top end of the first and second side frame members includes a recess in a rear surface, the recess sized to receive the post to connect the side frame member to the top frame member.
Orrell discloses a windshield (windshield 40) mounting assembly for mounting to roll-over protection frame (roll cage) of a utility terrain vehicle (UTV) (as shown in Fig 1, col 1, ln col 1, ln 50-col 2, ln 10), the windshield mounting assembly comprising:
a connection including a top edge surface of a roof bracket (18) configured with a recess (forward slot 21) at each opposite end of the top frame member (as shown in Fig 13), and wherein the top end of each of the first and second side frame members is configured with a post (upper pins 131, 131’), each post (131, 131’) being engageable with the respective recesses (21) to connect the first and second side frame members to the roof bracket (18) (as seen in Fig 13, col 5, ln 61-col 6, ln 5).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention to modify the connection of the top edge surface of the top frame member with the first and second side frame members of Komatsu to be a recess at each opposite end of the top frame member and engageable with a post at the top end of each of the first and second side frame members as disclosed by Orrell, as applying this known connection technique would have yielded the predictable results of connecting the first and second side frame members to the top frame member and improved said connection by allowing attachment and detachment of the side frame members to the top frame member that can be carried out manually, by a single person, in a short period of time, without requiring separate tools (Orrell, see abstract, col 1, ln 57-col 2, ln 7).
Further, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention to utilize the windshield mounting assembly of Komatsu, as modified by Orrell, for mounting to roll-over protection frame of a UTV as disclosed by Orrell as the need for a windshield mounting assembly would have lead one skilled in the art to choose an appropriate windshield mounting assembly such as disclosed by Komatsu. Choosing the appropriate windshield mounting assembly as disclosed by Komatsu would merely be a simple substitution of one known element for another would obtain the predictable result of providing the an approbative windshield for the UTV of Orrell, id. at 301,213 USPQ at 536. in re ICON Health & Fitness, Inc.. 496 F.3d 1374, 83 USPG2d 1746 (Fed. Cir. 2007).
Claim 2: Komatsu, as modified by Orrell, discloses wherein the top (glass fixing groove 24C on 23A), side (glass fixing groove 24C on bracket 23C, 23B), and bottom (glass fixing groove 24C on bracket 23F) channels define a space that is greater than the respective top (Komatsu, upper edge 28A1), bottom (Komatsu, lower edge portion 28A2), and side edges (l Komatsu, eft edge 28A3, right edge 28A4) of the windshield (28), such that a windshield (28) mounted in the frame (22) is able to move within the space (Komatsu, glass fixing groove 23D has an elastic fixing member 29 such that the outer peripheral edge 28A of the window glass 28 is sandwiched therebetween, the opening dimension is set such that the elastic fixing member 29 is properly deformed elastically and that the front window glass 28 can be reliably fitted by the elastic force, Fig 4, pg 3, the fit of elastic force necessarily allows some movement of the window glass 28 within the channels).
Claim 3: Komatsu, as modified by Orrell, discloses wherein the bottom channel (glass fixing groove 24C on bracket 23F) of the bottom end of each first and second side frame member (Komatsu, 23C, 23D) contacts only an end portion (Komatsu, oblique side portion 28) of the bottom edge of the windshield (Komatsu, only oblique side portion 28 of windshield 28 contacts the glass fixing groove 24C on bracket 23F).
Claim 5: Komatsu, as modified by Orrell, discloses wherein the recess (Orrell, forward slot 21) of the top edge of the top frame member (Komatsu, upper frame portion 23A) has a length (as shown by forward slot 21) and the post (Orrell, upper pins 131, 131’) of the top end of each first and second side frame member (Komatsu, left frame portion 23D and right frame portion 23B) has a width (measured across diameter of pins 131, 131’), the length of each recess (21) being greater than the width of each post (131, 131’) (Orrell, as shown in Fig 13).
Claim 7: Komatsu, as modified by Orrell, discloses wherein the top (Komatsu, glass fixing groove 24C on 23A), side (Komatsu, glass fixing groove 24C on bracket 23C, 23B) and transverse extension (Komatsu, glass fixing groove 24C on bracket 23F) channels define a space that is greater than the respective top (Komatsu, upper edge 28A1), bottom (Komatsu, lower edge portion 28A2), and side edges (l Komatsu, eft edge 28A3, right edge 28A4) of the windshield (28), such that a windshield (28) mounted in the frame (22) is able to move within the space (Komatsu, glass fixing groove 23D has an elastic fixing member 29 such that the outer peripheral edge 28A of the window glass 28 is sandwiched therebetween, the opening dimension is set such that the elastic fixing member 29 is properly deformed elastically and that the front window glass 28 can be reliably fitted by the elastic force, Fig 4, pg 3, the fit of elastic force necessarily allows some movement of the window glass 28 within the channels).
Claim 8: Komatsu, as modified by Orrell, discloses wherein transverse extension channel (glass fixing groove 24C on bracket 23F) of the transverse extension of the bottom end of each first and second side frame member (Komatsu, 23C, 23D) contacts only an end portion (Komatsu, oblique side portion 28) of the bottom edge of the windshield (Komatsu, only oblique side portion 28 of windshield 28 contacts the glass fixing groove 24C on bracket 23F).
Claim(s) 4 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Komatsu in view of Orrell as applied to claims 1 and 6, and further in view of Luo et al., US 2019/0031148 (hereinafter Luo).
Claims 4 and 9: Komatsu, as modified Orrell, fails to disclose wherein the top frame member includes first and second flexible connectors for connection to the top portion of the roll-over protection frame.
Luo disclose an ATV windshield mounting assembly (shown in Fig 1, abstract, par [0002]). The top of the windshield includes first and second flexible connectors (two hinges 6) for connection to the top portion of the roll-over protection frame (upper end of the frame 1).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the windshield mounting assembly of Komatsu, as modified Orrell, to include first and second flexible connector as disclosed by Luo, for connection to the top portion of the roll-over frame, as one of ordinary skill would have recognized that the use of flexible connectors would have yielded the predictable results of allowing the windshield to be opened and/or removed when needed (Luo, Fig 1, par [0012]).
Conclusion
Claims 1-9 are rejected. No claims are allowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CAROLINE N BUTCHER whose telephone number is (571)272-1623. The examiner can normally be reached Monday-Friday 10-6 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tara E Schimpf can be reached at (571) 270-7741. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CAROLINE N BUTCHER/Primary Examiner, Art Unit 3676