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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 01/22/2026 has been entered.
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, 2, 5-7, 10 and 16-20 are rejected under 35 U.S.C. 102(a)(1) as being Billger [US Pub# 2007/0074923].
Regarding claim 1: Billger discloses an operator control system for a materials handling vehicle, the materials handling vehicle including an operator station (30) having a support wall (see markup fig below)
the operator control system comprising:
a first support structure (58) adjacent to the support wall;
a second support structure adjacent (60, see fig 4A) to the support wall,
wherein the first and second support structures (58, 60) are spaced apart from one another in a lateral direction of the materials handling vehicle, the lateral direction being perpendicular to a longitudinal axis of the materials handling vehicle,
a first operator control assembly (68) supported on the first support structure via a first fixture structure (the bottom portion of 68) that selectively supports the first operator control assembly in one of at least first and second angular orientations relative to a vertical direction (see [0029], “…the seat bottom 52 is mounted for vertical pivoting movement in the direction of arrow 62 relative to the seat back 54 ...”) the first support structure; and
a second operator control assembly (70) supported on the second support structure via a second fixture structure (the bottom portion of 70) that selectively supports the second operator control assembly in one of at least first and second angular orientations relative to a vertical direction (see [0029], “…the seat bottom 52 is mounted for vertical pivoting movement in the direction of arrow 62 relative to the seat back 54 …”) the second support structure;
Regarding claim 2: Billger discloses wherein the first and second fixture structures each comprise a mounting plate (see for example fig 3 the bottom plate of 172) coupled to the respective first or second support structure (58, 60) and a plurality of fasteners that extend through openings provided in the mounting plate, and wherein the fasteners couple respective first and second housings of the first and second operator control assemblies to the corresponding support structures (see fig 4B, the elements 58 and 60 has mounting opening where the 68 and 70 are fixed to ).
Regarding claim 5: Billger discloses wherein for a vehicle having a narrower width, the first and second operator control assemblies (68, 70) are positioned in the first angular orientation, and for a vehicle having a wider width, the first and second operator control assemblies are positioned in the second angular orientation (the control assemblies are adjustable to accommodate different width, the distance between the control assemblies 68 and 70 is adjust by adjusting the angular position of the control assemblies, see fig 2).
Regarding claim 6: Billger discloses An operator control system for a materials handling vehicle, the materials handling vehicle including an operator station having a support wall a first support structure (58) adjacent to the support wall (see markup fig below) and a second support structure (60) adjacent to the support wall, wherein the first and second support structures (58, 60) are spaced apart from one another in a lateral direction of the materials handling vehicle, the lateral direction being perpendicular to a longitudinal axis of the materials handling vehicle, the operator control system comprising: a first operator control assembly (68) supported on the first support structure via a first fixture structure that selectively supports the first operator control assembly in one of at least first and second angular orientations relative to the first support structure (58); and a second operator control assembly (70) supported on the second support structure via a second fixture structure that selectively supports the second operator control assembly in one of at least first and second angular orientations relative to the second support structure (60); wherein: when moved from the first angular orientation to the second angular orientation ,the first operator control assembly (68) is rotated about a first axis that is parallel to a longitudinal axis of the materials handling vehicle; and when moved from the first angular orientation to the second angular orientation, the second operator control assembly is rotated about a second axis that is parallel to the longitudinal axis of the materials handling vehicle ( the horizontal distance between assembly 68 and 70 is adjustable by adjust ting assemblies 58 and 60).
Regarding claim 7: Billger discloses wherein the first and second fixture structures each comprise a mounting plate (see for example fig 3 the bottom plate of 172) coupled to the respective first or second support structure (58, 60) and a plurality of fasteners that extend through openings provided in the mounting plate, and wherein the fasteners couple respective first and second housings of the first and second operator control assemblies to the corresponding support structures (see fig 4B, the elements 58 and 60 has mounting opening where the 68 and 70 are fixed to ).
Regarding claim 10: Billger discloses wherein for a narrower width vehicle, the first and second operator control assemblies are positioned in the first angular orientation, and for a wider width vehicle, the first and second operator control assemblies are positioned in the second angular orientation (the horizontal distance between assembly 68 and 70 is adjustable by adjusting the angular positions of assemblies 58 and 60 in addition any vehicle operator control seat is made with dimensions considering the dimension of the vehicle including the width of the vehicle, in this case the distance between the first and the second operator control assemblies depend on the width where the seat is placed on.
Regarding claim 16: Billger discloses wherein positioning of the first and second operator control assemblies in the respective first or second angular orientation is dependent upon a width of the vehicle (any vehicle operator control seat is made with dimensions considering the dimension of the vehicle including the width of the vehicle, in this case the distance between the first and the second operator control assemblies depend on the width where the seat is placed on).
Regarding claim 17: Billger shows wherein the first operator control assembly (68) and the second operator control (70) assembly are coupled to the support wall (see fig below) and are positioned to be operated by an operator located within the operator station (30).
Regarding claim 18: Billger shows wherein the first operator control assembly (68) and the second operator control (70) assembly are coupled to the support wall (see fig below) and are positioned to be operated by an operator located within the operator station (30).
Regarding claim 19: Billger shows a materials handling vehicle comprising the operator control system according to claim 1 adjacent to a support wall of an operator station (30) of the materials handling vehicle (see fig 1).
Regarding claim 20: Billger shows wherein the first operator control assembly (68) and the second operator control (70) assembly are coupled to the support wall (see fig below) and are positioned to be operated by an operator located within the operator station (30).
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 4 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Billger [US Pub# 2007/0074923] in view of Bartels [5,890,562].
Regarding claims 4 and 9: Billger does not explicitly show a first housing of the first operator control assembly has a curved lower surface that is received by a curved upper surface of the first support structure and a second housing of the second operator control assembly has a curved lower surface that is received by a curved upper surface of the second support structure. However, Bartels show an operator control assembly with mounting housing curved surface (58).
It would have been obvious to someone having ordinary skill in the art at the time of the effective filling date to have made the housing curved surface to allow rotation and increase adjustability and the workspace of the operator control assembly.
Allowable Subject Matter
Claims 3 and 8 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.
Response to Arguments
Applicant's arguments filed 07/24/2025 have been fully considered but they are not persuasive.
The added new limitation is still taught by Billger, Billger shows the materials handling vehicle including an operator station (30) having a support wall (see markup fig below)
the operator control system comprising:
a first support structure (58) adjacent to the support wall;
a second support structure adjacent (60, see fig 4A) to the support wall,
wherein the first and second support structures (58, 60) are spaced apart from one another in a lateral direction of the materials handling vehicle, the lateral direction being perpendicular to a longitudinal axis of the materials handling vehicle,
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Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZAKARIA ELAHMADI whose telephone number is (571)270-5324. The examiner can normally be reached on M-F 10-6 EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Minnah Seoh can be reached on 5712707778. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ZAKARIA ELAHMADI/
Examiner, Art Unit 3658