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 .
Status of Claims
This Office action is in response to the amendments filed on January 14, 2026. Claims 1-20 are currently pending, with Claims 1-8, 11-16, and 18-20 being amended.
Response to Amendments
In response to Applicant’s amendments, filed January 14, 2026, the Examiner maintains the previous objections to the drawings, and withdraws the previous 35 U.S.C. 102 and 103 rejections.
Response to Arguments
Regarding Applicant’s arguments pertaining to the corrected drawings (see page 10 of instant arguments), the Examiner will note that no corrected drawings or replacement sheets were filed. As such, the Examiner maintains the objections to the drawings.
Applicant’s arguments with respect to Claims 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because of the 5. following:
Reference character "910" has been used to designate both a connectivity hub in Paragraph [0072] of the instant specification, and as a cloud component in Figure 9 in the instant drawings.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character "1008" has been used to designate both a jobsite in Paragraph [0073] of the instant specification and in Figure 10 of the instant drawings, and a data exchange in Figure 10.
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: reference number “1200” in Figure 12 is not in the instant specification.
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: reference number “20” for "various work machines" in Paragraphs [0074]-[0075], [0079] of the instant specification are not included in the drawings.
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.
INFORMATION ON HOW TO EFFECT DRAWING CHANGES
Replacement Drawing Sheets
Drawing changes must be made by presenting replacement sheets which incorporate the desired changes and which comply with 37 CFR 1.84. An explanation of the changes made must be presented either in the drawing amendments section, or remarks, section of the amendment paper. 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). A replacement sheet must include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of the amended drawing(s) must not be labeled as “amended.” If the changes to the drawing figure(s) are not accepted by the examiner, applicant will be notified of any required corrective action in the next Office action. No further drawing submission will be required, unless applicant is notified.
Identifying indicia, if provided, should include the title of the invention, inventor’s name, and application number, or docket number (if any) if an application number has not been assigned to the application. If this information is provided, it must be placed on the front of each sheet and within the top margin.
Annotated Drawing Sheets
A marked-up copy of any amended drawing figure, including annotations indicating the changes made, may be submitted or required by the examiner. The annotated drawing sheet(s) must be clearly labeled as “Annotated Sheet” and must be presented in the amendment or remarks section that explains the change(s) to the drawings.
Timing of Corrections
Applicant is required to submit acceptable corrected drawings within the time period set in the Office action. See 37 CFR 1.85(a). Failure to take corrective action within the set period will result in ABANDONMENT of the application.
If corrected drawings are required in a Notice of Allowability (PTOL-37), the new drawings MUST be filed within the THREE MONTH shortened statutory period set for reply in the “Notice of Allowability.” Extensions of time may NOT be obtained under the provisions of 37 CFR 1.136 for filing the corrected drawings after the mailing of a Notice of Allowability.
Claim Rejections - 35 USC § 102
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 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 1-5, 8-9, 11-15, and 18-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Publication No. 2011/0040440 A1, to de Oliveira, et al (hereinafter referred to as de Oliveira; newly of record).
As per Claim 1, and similarly for Claim 11, de Oliveira discloses the features of a machine of a plurality of machines (e.g. Paragraphs [0026], [0046]; where a plurality of industrial vehicles (12) may communicate with a server computer designated as an industrial vehicle application server (14); and where the industrial vehicle (12) may comprise a forklift truck which may be coupled to other industrial vehicle components and other industrial vehicles and the industrial vehicle application server via a network), the machine comprising:
a chassis (e.g. Paragraph [0038]; Figure 1; where the industrial vehicles have a body);
a plurality of tractive elements coupled with the chassis (e.g. Paragraph [0050]; where the motor control module (76) controls the drive wheels of the vehicle);
a prime mover configured to drive the plurality of tractive elements (e.g. Paragraph [0050]; where the motor control module (76) controls the drive wheels of the vehicle); and
a connectivity module with a beacon communicably coupled with the machine, the connectivity module comprising a controller and a beacon (e.g. Paragraphs [0038]-[0039], [0042]-[0043]; Figure 2; where an information linking device (38) provides the wireless interface to the industrial vehicles, and serves as an interface that facilitates interaction with the user at the vehicle (12), and includes a display and controls for interacting with the user, and may be integrated with (built into) a corresponding industrial vehicle (12); and where the information linking device (38) may communicate receive control inputs and/or control outputs such as horns, buzzers, lights, and other components associated with the industrial vehicle (12)), wherein the connectivity module is configured to:
receive, via the controller and from a user device hosting an application, an input (e.g. Paragraphs [0065]-[0068]; where a user interface (120) may be utilized to display industrial vehicle information, which may be executed on the vehicle application server, and may receive user inputs), wherein
the input is based on a user selection of at least one selectable criteria presented via the application on the user device (e.g. Paragraphs [0067], [0070], [0086]; Figures 5, 6; where the user may select specific alarms to acknowledge and/or add annotations or other comments), and wherein
the input includes (i) a user selection of a criteria of a component of each of the plurality of machines (e.g. Paragraphs [0068], [0070]; Figures 5, 6; where the user selects a category or statuses related to a vehicle) and
(ii) a user selection of an indicator characteristic comprising at least one color associated with at least one state of the selected criteria (e.g. Paragraphs [0094]-[0095], [0113]; where the information communicated to the user interface may be dictated by a selected visual metaphor (color, geometric figure, emotive icon, illumination level, etc.) selected by the user);
determine, by the controller and based on data from a sensor of the machine, a measure associated with the selected criteria (e.g. Paragraphs [0058], [0068], [0080], [0136]; where the monitoring input/output module (48) may store, collect, maintain, manipulate, and/or otherwise process data to create a history of operational data that may vary over time, and may gather vehicle and operator characteristics; and where the industrial vehicle application server (14) may collect specifically requested or otherwise non-standard types of data, to receive and implement commands, or collect or convey different types of data based on different modes of operation selected by the industrial vehicle application server (14), and where the content may be selected based on the so as to correspond with a particular state of a status indicator or to highlight particular aspects that are affected); and
control, by the controller and using the user selections and the measure, the beacon to provide an output (e.g. Paragraphs [0094]-[0095], [0113]; where the information communicated to the user interface may be dictated by a selected visual metaphor (color, geometric figure, emotive icon, illumination level, etc.) selected by the user), wherein
the output is a colored indicator indicating the measure of the selected criteria and in accordance with the user selected indicator characteristic (e.g. Paragraphs [0076]-[0078], [0111]; where status indicators provide a visual cue of the overall status of a selected category, and the status indicators may take on one of four states, including an alert, caution, normal operating, and disabled/not being monitoring condition, which can be visually represented by a colored light that appears as a visual indication), and wherein
the output is one of a plurality of outputs, each of the plurality of outputs associated with one of the plurality of machines (e.g. Paragraphs [0025], [0030], [0043], [1030]; where the monitoring input/output module (48) may control outputs such as horns, buzzers, lights, and other asset components; and where the information linking device may relay data between each industrial vehicle and one or more wired devices of the computing environment).
As per Claim 18, de Oliveira discloses the features of a fleet connectivity system e.g. Paragraphs [0026], [0046]; where a plurality of industrial vehicles (12) may communicate with a server computer designated as an industrial vehicle application server (14); and where the industrial vehicle (12) may comprise a forklift truck which may be coupled to other industrial vehicle components and other industrial vehicles and the industrial vehicle application server via a network), comprising:
a user device hosting an application input (e.g. e.g. Paragraphs [0065]-[0068]; where a user interface (120) may be utilized to display industrial vehicle information, which may be executed on the vehicle application server, and may receive user inputs); and
a machine of a plurality of machines e.g. Paragraphs [0026], [0046]; where a plurality of industrial vehicles (12) may communicate with a server computer designated as an industrial vehicle application server (14); and where the industrial vehicle (12) may comprise a forklift truck which may be coupled to other industrial vehicle components and other industrial vehicles and the industrial vehicle application server via a network), the machine comprising:
a chassis (e.g. Paragraph [0038]; Figure 1; where the industrial vehicles have a body);
a plurality of tractive elements coupled with the chassis (e.g. Paragraph [0050]; where the motor control module (76) controls the drive wheels of the vehicle);
a prime mover configured to drive the plurality of tractive elements (e.g. Paragraph [0050]; where the motor control module (76) controls the drive wheels of the vehicle); and
a connectivity module coupled with the machine, the connectivity module comprising a controller and a beacon (e.g. Paragraphs [0038]-[0039], [0042]-[0043]; Figure 2; where an information linking device (38) provides the wireless interface to the industrial vehicles, and serves as an interface that facilitates interaction with the user at the vehicle (12), and includes a display and controls for interacting with the user, and may be integrated with (built into) a corresponding industrial vehicle (12); and where the information linking device (38) may communicate receive control inputs and/or control outputs such as horns, buzzers, lights, and other components associated with the industrial vehicle (12)), wherein the connectivity module is configured to:
receive, via the controller and from the user device via the application, an input (e.g. Paragraphs [0065]-[0068]; where a user interface (120) may be utilized to display industrial vehicle information, which may be executed on the vehicle application server, and may receive user inputs), wherein
the input is based on a user selection of at least one selectable criteria presented via the application on the user device (e.g. Paragraphs [0067], [0070], [0086]; Figures 5, 6; where the user may select specific alarms to acknowledge and/or add annotations or other comments), and wherein
the input includes (i) user selection of a criteria of a component of each of the plurality of machines (e.g. Paragraphs [0068], [0070]; Figures 5, 6; where the user selects a category or statuses related to a vehicle) and
(ii) a user selection of an indicator characteristic comprising at least one color associated with at least one state of the selected criteria (e.g. Paragraphs [0094]-[0095], [0113]; where the information communicated to the user interface may be dictated by a selected visual metaphor (color, geometric figure, emotive icon, illumination level, etc.) selected by the user);
determine, by the controller and based on data from a sensor of the machine, a measure associated with the selected criteria (e.g. Paragraphs [0058], [0068], [0080], [0136]; where the monitoring input/output module (480) may store, collect, maintain, manipulate, and/or otherwise process data to create a history of operational data that may vary over time, and may gather vehicle and operator characteristics; and where the industrial vehicle application server (14) may collect specifically requested or otherwise non-standard types of data, to receive and implement commands, or collect or convey different types of data based on different modes of operation selected by the industrial vehicle application server (14), and where the content may be selected based on the so as to correspond with a particular state of a status indicator or to highlight particular aspects that are affected); and
control, by the controller and using the user selections and the measure, the beacon to provide an output (e.g. Paragraphs [0094]-[0095], [0113]; where the information communicated to the user interface may be dictated by a selected visual metaphor (color, geometric figure, emotive icon, illumination level, etc.) selected by the user), wherein
the output is a colored indicator indicating the measure of the selected criteria and in accordance with the user selected indicator characteristic (e.g. Paragraphs [0076]-[0078], [0111]; where status indicators provide a visual cue of the overall status of a selected category, and the status indicators may take on one of four states, including an alert, caution, normal operating, and disabled/not being monitoring condition, which can be visually represented by a colored light that appears as a visual indication), and wherein
the output is one of a plurality of outputs, each of the plurality of outputs associated with one of the plurality of machines (e.g. Paragraphs [0025], [0030], [0043], [1030]; where the monitoring input/output module (48) may control outputs such as horns, buzzers, lights, and other asset components; and where the information linking device may relay data between each industrial vehicle and one or more wired devices of the computing environment).
As per Claim 2, and similarly for Claims 12 and 19, de Oliveira discloses the features of Claims 1, 11, and 18, respectively, and de Oliveira further discloses the features of wherein the criteria of the component of the machine is at least one of a fuel level of the machine, a battery power level of the machine, an ignition status of the machine, and an operational status of the machine (e.g. Paragraphs [0056], [0061], [0119], [0121]-[0122]; where the vehicle characteristic may include a count or measure of detected or otherwise sensor detected impacts, hours of operation, energy usage, battery condition, etc.; and where the user can determine how the batteries are being used, battery temperatures, state of charge, etc. through selection on the user interface).
As per Claim 3, and similarly for Claims 13 and 20, de Oliveira discloses the features of Claims 1, 11, and 18, respectively, and de Oliveira further discloses the features of wherein the connectivity module is configured to control the beacon to provide the output to an observer (e.g. Paragraphs [0094]-[0095], [0113]; where the information communicated to the user interface may be dictated by a selected visual metaphor (color, geometric figure, emotive icon, illumination level, etc.) selected by the user).
As per Claim 4, and similarly for Claim 14, de Oliveira discloses the features of Claims 3 and 13, respectively, and de Oliveira further discloses the features of, wherein the colored indicator is at least one of the beacon being in a solid on state, a solid off state, a flashing state, and a strobe state (e.g. Paragraph [0078]; where color choices and/or visual metaphors may be utilized to characterize the various states of the status indicators, and may be illuminated at different intensities, flashed, have their illumination intensities varied, not be illuminated at all, etc.).
As per Claim 5, and similarly for Claim 15, de Oliveira discloses the features of Claims 1 and 11, respectively, and de Oliveira further discloses the features of wherein the connectivity module is configured to communicate a signal based on the measure to an interface of the machine in order to provide a message to a user relating to commercial services (e.g. Paragraphs [0066], [0068], [0070]; where the vehicle application server (14) may execute a portal such as a service, agent, a network, etc., for conveying information to the user interface; and where a service category can be visually represented on the interface, and the user can select the Assets menu and select specific alarms or annotations to determine how many hours remain until the next planned maintenance is due for various monitored industrial vehicles (12)).
As per Claim 8, de Oliveira discloses the features of Claim 1, and de Oliveira further discloses the features of wherein the connectivity module is configured to communicate a signal based on the measure to an interface of the machine in order to provide a message to a user relating to commerce services relating to the machine (e.g. Paragraphs [0066], [0068], [0070]; where the vehicle application server (14) may execute a portal such as a service, agent, a network, etc., for conveying information to the user interface; and where a service category can be visually represented on the interface, and the user can select the Assets menu and select specific alarms or annotations to determine how many hours remain until the next planned maintenance is due for various monitored industrial vehicles (12))).
As per Claim 9, and similarly for Claim 17, de Oliveira discloses the features of Claims 1 and 11, respectively, and de Oliveira further discloses the features of wherein the machine is a lift device (e.g. Paragraphs [0025]-[0026]; Figure 1; where the industrial vehicle may include forklift trucks and other industrial vehicles).
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.
Claims 6 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Publication No. 2011/0040440 A1, to de Oliveira, et al (hereinafter referred to as de Oliveira; newly of record); in view of U.S. Patent Publication No. 2010/0179844 A1, to LaFergola, et al (hereinafter referred to as LaFergola; previously of record).
As per Claim 6, and similarly for Claim 16, de Oliveira discloses the features of Claims 1 and 11, respectively, and de Oliveira further discloses the features of wherein the connectivity module is configured to communicate a signal based on the measure to a control system of the machine (e.g. Paragraphs [0041], [0045]; where the interface controller may control the functions of the information linking device (38) and may be configured to communicate with the transceiver (46) for wireless communication across the wireless computing environment to a corresponding server computer) ‘…’.
de Oliveira fails to disclose every feature of provide a software update to the machine.
However, LaFergola, in a similar field of endeavor, teaches an information reporting system for managing a fleet of vehicles, where when a software update is required, the update can be transmitted to the entire fleet of vehicles, or only those with a particular version of software, and the warehouse computer system could be used to configure or reconfigure the software in a selected or a fleet of trucks (e.g. Paragraph [0067]).
It would have been obvious to a person of ordinary skill in the art on or before the effective filing date of the Applicant's invention, with a reasonable expectation for success, to modify the information system for industrial vehicles in the system of de Oliveira, with the feature updating the software in a fleet of vehicles in the system of LaFergola, in order to ensure provide current vehicle usage and future needs for the vehicles (see at least Paragraph [0075] of LaFergola).
Claim 7 and 10 is rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Publication No. 2011/0040440 A1, to de Oliveira, et al (hereinafter referred to as de Oliveira; newly of record); in view of U.S. Patent Publication No. 2018/0143734 A1, to Ochenas, et al (hereinafter referred to as Ochenas; previously of record).
As per Claim 7, de Oliveira discloses the features of Claim 1, but de Oliveira fails to disclose every feature of wherein the connectivity module is configured to communicate a signal based on the measure to the prime mover of the machine in order to reposition the machine.
However, Ochenas, in a similar field of endeavor, teaches a user interface device for an industrial vehicle, where the command related to a vehicle operation comprises a command to activate a traction motor to effect vehicle movement (e.g. Claim 2).
It would have been obvious to a person of ordinary skill in the art on or before the effective filing date of the Applicant's invention, with a reasonable expectation for success, to modify the information system for industrial vehicles in the system of de Oliveira, with the feature of sending command controls to the vehicle in the system of Ochenas, in order to provide status and conditional information to the vehicle and to the user in real time (see at least Paragraph [0121] of Ochenas).
As per Claim 10, de Oliveira discloses the features of Claim 1, but de Oliveira fails to disclose every feature of wherein the machine includes at least one of an articulating arm and a movable structure coupled with the chassis.
However, Ochenas, in a similar field of endeavor, teaches a user interface device for an industrial vehicle, where the vehicle (100) comprises a load handling assembly, and a fork structure coupled to the fork carriage structure; and where the fork carriage assembly may comprise a base carriage coupled to the lifting carriage and a support carriage coupled to the base carriage which is moveable laterally and may also pivot relative to the base carriage (e.g. Paragraph [0036]).
It would have been obvious to a person of ordinary skill in the art on or before the effective filing date of the Applicant's invention, with a reasonable expectation for success, to modify the information system for industrial vehicles in the system of de Oliveira, with the feature including a rotatable structure or articulating arm in the system of Ochenas, in order to efficiently adjust the vehicle's position or orientation to complete its task (see at least Paragraph [0126] of Ochenas).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Stanfield, et al (U.S. 2013/0238167 A1), which teaches a method for providing a visual indicator to indicate the availability or status of a vehicle.
Wellman (U.S. 2008/0154712 A1), which teaches a fleet management system, which coordinates vehicle actions based on user input.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 MERRITT LEVY whose telephone number is (571)270-5595. The examiner can normally be reached Mon-Fri 0630-1600.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Abby Flynn can be reached at (571) 272-9855. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MERRITT LEVY/Examiner, Art Unit 3663
/ABBY J FLYNN/Supervisory Patent Examiner, Art Unit 3663