DETAILED ACTION
The present office action is in response to claims filed on 03/17/2024. Claims 1 – 20 are pending in the application.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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 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.
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 of this title, 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, 3, 4, 5, 6, 7, 8, 10, 19, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Mayr et al. (U.S. Patent No. 8,459,727) in view of Anheier et al. (U.S. Pre-Grant Publication No. 2023/0080492).
Regarding Claim 1, Mayr shows (Figures 1 – 11 and 13):
A construction machine (tractor, title) comprising:
a driver’s control station (cab 10), which is open (via the cab door, Col. 4, line 59) at least to one side (the side of 10 on which the cab door is located), for a driver (driver, Col. 3, line 14) of the road construction machine (tractor, title), wherein the driver’s control station (10) has a seat console (console illustrated in Figure 4 including seat, seat illustrated in Figure 1) that comprises a fresh air system (11 and corresponding components, as illustrated in Figure 4).
However, Mayr lacks showing the road construction machine is configured as a road paver or a feeder vehicle for a road paver.
In the same field of endeavor of construction machines, Anheier teaches (Figures 3 and 4):
It is known in the construction machine art for a road construction machine (1) configured as a road paver (Fig. 3 is a side view of a road paver, Paragraph 0024) to comprise a driver’s control station (11)
It would have been obvious to one having ordinary skill in the art at the time of filing to modify the construction machine with the cab/driver’s control station shown by Mayr to be configured as a road paver, as taught by Anheier, to increase marketability of the cab/driver’s control station by configuring it to be used with various construction machines, such as a road paver.
Regarding Claim 2, Mayr shows (Figures 1 – 11 and 13):
The seat console (console illustrated in Figure 4 including seat 64, as can be seen in Figure 1) comprises a console floor (60), and the fresh air system (11 and corresponding components, as illustrated in Figure 4) comprises a fan unit (11) fastened to an underside of (as illustrated in Figure 13) the console floor (60).
Regarding Claim 3, Mayr shows (Figures 1 – 11 and 13):
The fan unit (11) is configured for detachable (via opening access door 21, the filter 18 of filter unit 17 can be removed) or fixed (filter housing 20 of filter unit 17 is fixed) attachment of a filter unit (17).
Regarding Claim 4, Mayr shows (Figures 1 – 11 and 13):
The fan unit (11) comprises an electrically (“the HVAC unit 11 has an external central electric connector for all the electrical connections of the unit”. Col. 3, lines 7-9) operated fan (22, 23).
Regarding Claim 5, Mayr shows (Figures 1 – 11 and 13):
The fan (22, 23) comprises a radial fan (as illustrated in Figure 11, 22 and 23 are radial fans).
Regarding Claim 6, Mayr shows (Figures 1 – 11 and 13):
The fan unit (11) comprises a plurality of fans (23, as illustrated in Figure 11, 23 is two fans arranged in parallel) which can be controlled (“the HVAC unit 11 has an external central electric connector for all the electrical connections of the unit”. Col. 3, lines 7-9) in parallel (as illustrated in Figure 11, the two fans of 23 are arranged to be controlled in parallel).
Regarding Claim 7, Mayr shows (Figures 1 – 11 and 13):
The fresh air system (11 and corresponding components, as illustrated in Figure 4) comprises a filter unit (17) arranged on an intake side (“the fresh air from filter unit 17 is drawn into the HVAC unit 11 via fresh air intake 43 by the pressurization blower 22”, Col. 4, lines 18-19) of the fan unit (11).
Regarding Claim 8, Mayr shows (Figures 1 – 11 and 13):
The filter unit (17) is positioned together with (as illustrated in Figures 1 and 11) the fan unit (11) below (as illustrated in Figures 1 and 13) the console floor (60).
Regarding Claim 10, Mayr shows (Figures 1 – 11 and 13):
The fresh air system (11 and corresponding components, as illustrated in Figure 4) comprises at least one nozzle unit (28a) for fresh air (fresh air drawn in through 16), which can be arranged in different positions laterally (as illustrated in Figure 3, each 28a is positioned in a different position laterally of the seat base) of a seat base (the base of the seat, as illustrated in Figure 1) of the seat console (console illustrated in Figure 4 including seat, seat is illustrated in Figure 1).
Regarding Claim 19, Mayr shows (Figures 1 – 11 and 13):
The fresh air system (11 and corresponding components, as illustrated in Figure 4) is integrated in (as illustrated in Figure 1) the seat console (console illustrated in Figure 4 including seat, seat is illustrated in Figure 1).
Regarding Claim 20, Mayr shows (Figures 1 – 11 and 13):
A method (method of providing and operating 11) for generating a fresh air flow (flow generated by 11) for a driver’s control station (cab 10), which is open (via the cab door, Col. 4, line 59) to a side (the side of 10 on which the cab door is located), of a construction machine (tractor, title), the method (method of providing and operating 11) comprising:
generating (via 22 and 23) the fresh air flow (flow generated by 11) by a fresh air system (11 and corresponding components, as illustrated in Figure 4) of a seat console (console illustrated in Figure 4, including seat, seat illustrated in Figure 1) of the driver’s control station (10).
However, Mayr lacks showing the road construction machine is configured as a road paver or a feeder vehicle for a road paver.
In the same field of endeavor of construction machines, Anheier teaches (Figures 3 and 4):
It is known in the construction machine art for a road construction machine (1) configured as a road paver (Fig. 3 is a side view of a road paver, Paragraph 0024) to comprise a driver’s control station (11)
It would have been obvious to one having ordinary skill in the art at the time of filing to modify the construction machine with the cab/driver’s control station shown by Mayr to be configured as a road paver, as taught by Anheier, to increase marketability of the cab/driver’s control station by configuring it to be used with various construction machines, such as a road paver.
Claims 9, 11, 12, 13, and 14 rejected under 35 U.S.C. 103 as being unpatentable over Mayr et al. (U.S. Patent No. 8,459,727) and Anheier et al. (U.S. Pre-Grant Publication No. 2023/0080492), as recited in Claim 2 above, further in view of Ota et al. (Japanese Patent Publication No. JP2006/218902A, English Machine Translation provided by Applicant relied upon below).
Regarding Claim 9, Mayr shows (Figures 1 – 11 and 13):
The fresh air system (11 and corresponding components, as illustrated in Figure 4) comprises at least one nozzle unit (two 28a) for fresh air (fresh air drawn in through 16).
However, Mayr lacks showing two nozzles can be arranged both next to a headrest of the seat console and next to a backrest of the seat console.
In the same field of endeavor of construction machines, Ota teaches (Figures 1 and 5):
It is known in the construction machine (working machine, title) art for a fresh air system (system illustrated in Figure 1) to comprise at least one nozzle unit (the nozzle unit of 4b and the nozzle unit of 4a), wherein the at least one nozzle unit (the nozzle unit of 4b and the nozzle unit of 4a) can be arranged both next to (as illustrated in Figures 1 and 5, nozzle unit 4b is arranged next to 6) a headrest (6) and next to (as illustrated in Figures 1 and 5, nozzle unit 4a is arranged next to 2) a backrest (the backrest of 2) of a seat console (2).
Further, “it is preferable to provide the air outlet so that the conditioned air can be directly applied to the operator”, Paragraph 0007. “The present invention can efficiently supply conditioned air to an operator in the cab of a work machine”, Paragraph 0009.
It would have been obvious to one having ordinary skill in the art at the time of filing to modify the two nozzle units shown by Mayr to be arranged both next to a headrest of the seat console and next to a backrest of the seat console, as taught by Ota, to efficiently supply conditioned air to an operator in the cab of a work machine, since it is preferable to provide the air outlet so that the conditioned air can be directly applied to the operator.
Regarding Claim 11, the combination of Mayr (Figures 1 – 11 and 13) and Ota (Figures 1 and 5) teaches:
The at least one nozzle unit (Mayr: 28a arranged on the headrest and next to the backrest, as modified above in view of Ota) comprises at least one fresh air opening (Mayr: 28a) with an adjustable lamella (“nozzles 27a and 28a… these nozzles can be adjustable and/or closed by hand”, Col. 3, lines 18-20).
Regarding Claim 12, Ota teaches (Figures 1 and 5):
The at least one nozzle unit (the nozzle unit of 4b and the nozzle unit of 4a) has both at least one fresh air opening (20) for fresh air and at least one nozzle (nozzle of 10 formed by 11) for forming an air barrier (as illustrated in Figure 5, an air barrier is formed on both sides of the seat).
Regarding Claim 13, the combination of Mayr (Figures 1 – 11 and 13) and Ota (Figures 1 and 5) teaches:
The fresh air system (Mayr: 11 and corresponding components, as illustrated in Figure 4) comprises at least one duct (Mayr: 28) that leads away (Mayr: as illustrated in Figure 4) from the fan unit (Mayr: 11) in order to supply the at least one nozzle unit (Mayr: 28a arranged on the headrest and next to the backrest, as modified above in view of Ota) with fresh air (Mayr: air discharged via 11).
Regarding Claim 14, the combination of Mayr (Figures 1 – 11 and 13) and Ota (Figures 1 and 5) teaches:
The at least one nozzle unit (Mayr: 28a arranged on the headrest and next to the backrest, as modified above in view of Ota) is arranged adjustably (“nozzles 27a and 28a… these nozzles can be adjustable and/or closed by hand”, Col. 3, lines 18-20).
Claims 17 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Mayr et al. (U.S. Patent No. 8,459,727) and Anheier et al. (U.S. Pre-Grant Publication No. 2023/0080492), as recited in Claim 2 above, further in view of Chernyavsky et al. (U.S. Patent No. 8,633,424).
Regarding Claim 17, Mayr shows (Figures 1 – 11 and 13):
The fan unit (11) generates a fresh air flow rate (the rate of the air exiting 11) flowing out of the fresh air system (11 and corresponding components, as illustrated in Figure 4).
However, Mayr lacks showing the speed of the fan unit is adjustable to vary the fresh air flow rate.
In the same field of endeavor of construction machines, Chernyavsky teaches (Figures 1 and 2):
It is known in the construction machine (102) art for the construction machine (102) to comprise a fan unit (fan unit of 118 and 116), wherein a speed (“speed of recirculation fan 116 and pressurization fan 118”, Col. 5, lines 5-6) of the fan unit (unit of 118 and 116) is adjustable (“blower speed control 154 that is manually operable to select a plurality of different blower speeds”, Col. 5, lines 19-21) to vary a fresh air flow rate (the rate of the air exiting 112) flowing out of the fresh air system (system illustrated in Figure 1).
It would have been obvious to one having ordinary skill in the art at the time of filing to modify the fan unit shown by Mayr to be adjustable in order to vary a fresh air flow rate, as taught by Chernyavsky, to increase driver comfort by allowing the driver to control the air flow rate.
Regarding Claim 18, Mayr shows (Figures 1 – 11 and 13):
The fan unit (11) generates a fresh air flow rate (the rate of the air exiting 11) flowing out of the fresh air system (11 and corresponding components, as illustrated in Figure 4).
However, Mayr lacks showing the speed of the fan unit is adjustable via at least one control element, wherein the at least one control element is provided on the seat console, on a control panel of the driver’s control station, and/or on an external control station of the road construction machine formed separately from the driver’s control station.
In the same field of endeavor of construction machines, Chernyavsky teaches (Figures 1 and 2):
It is known in the construction machine (102) art for the construction machine (102) to comprise a fan unit (fan unit of 118 and 116), wherein a speed (“speed of recirculation fan 116 and pressurization fan 118”, Col. 5, lines 5-6) of the fan unit (unit of 118 and 116) is adjustable (“blower speed control 154 that is manually operable to select a plurality of different blower speeds”, Col. 5, lines 19-21) via at least one control element (154) provided on a control panel (150) of the driver’s control station (108).
It would have been obvious to one having ordinary skill in the art at the time of filing to modify the fan unit shown by Mayr to be adjustable via at least one control element provided on a control panel of the driver’s control station, as taught by Chernyavsky, to increase driver comfort by allowing the driver to control the air flow rate.
Allowable Subject Matter
Claims 15 and 16 are objected to as being dependent on 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.
Regarding Claim 15, Mayr shows (Figures 1 – 11 and 13):
The fresh air system (11 and corresponding components, as illustrated in Figure 4) supplies air to both the seat (via 28a, as illustrated in Figure 1) and the control panel (via 27a, as illustrated in Figure 1).
However, Mayr lacks showing a further fresh air system arranged on a control panel of the driver’s control station, and wherein the fresh air system of the seat console is usable with the further fresh air system.
Modifying Mayr accordingly teaches away from the principle operation of Mayr.
Claim 16 depends from Claim 15.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and is provided in the Notice of References Cited.
The following prior art teaches related construction machines:
Das et al. (U.S. Patent No. 12,024,857): see Figures 1 and 4
Ferri et al. (U.S. Pre-Grant Publication No. 2020/0164723): see Figures 1-6
Kimura et al. (U.S. Patent No. 8,967,309): see Figure 4
Tabeta et al. (U.S. Patent No. 8,925,663): see Figure 3
Klassen et al. (U.S. Patent No. 7,681,630): see Figure 1
Wagner et al. (U.S. Patent No. 5,119,718): see Figure 1
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/DANA K TIGHE/Examiner, Art Unit 3762
/AVINASH A SAVANI/Primary Examiner, Art Unit 3762
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