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 . Pursuant to communications filed on 02 May 2024, this is a First Action Non-Final Rejection on the Merits. Claims 1-8 are currently pending in the instant application.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 02 May 2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the Examiner.
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.
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.
Claim(s) 1 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thompson et al (US 9,200,429 B2, hereinafter Thompson) in view of Ourada et al (US 2019/0322506 A1, issued to Ourada).
Regarding claim 1, Thompson teaches a lifting vehicle (Figure 1, work vehicle 10), comprising:
a chassis (Figure 1, chassis 12; at least as in column 1, lines 54-57),
a (Figure 1, boom 42) articulated to the chassis and provided at a distal end with a mounting for attaching implements (Figure 1, bucket 44) for handling a load (Figure 1; at least as in column 1, lines 54-67),
at least one lifting cylinder (Figure 1, boom cylinder 46) arranged between the telescopic boom and the chassis and configured to control a tilt angle of the telescopic boom with respect to the chassis (Figure 1; at least as in column 1, line 64-column 2, line 7),
a control cab (Figure 1, control cab 14) carried by the chassis, wherein the control cab can be tilted with respect to the chassis (Figures 1 & 2; at least as in column 1, lines 54-63 and column 2, lines 29-42), and
at least one cab tilt actuator (Figure 1, cylinder 22) configured to vary a tilt angle of the control cab with respect to the chassis (Figures 1 & 2; at least as in column 1, lines 54-63 and column 2, lines 29-42), and
an automatic tilt adjustment system (Figure 1, ECU 50) configured to control said at least one cab tilt actuator to automatically vary the tilt angle of the control cab with respect to the chassis as a function of a position of said load (Figures 1 & 2; at least as in column 1, lines 54-63 and column 2, lines 29-42). Thompson is silent specifically wherein the boom is a “telescopic” type boom. Ourada, in the same field of endeavor, teaches a work vehicle including a body (i.e. chassis), a cab movable relative to said body, and a telescopic boom with an implement (i.e. forklift) attached to the distal end of said telescopic boom (Figures 1, 12 & 13; at least as in paragraphs 0098, 0101-0102 and 0106). Therefore, it would have been obvious to one of ordinary skill in the art at the effective filing date of the instant invention to modify the teachings of Thompson, to include Ourada’s teaching of a telescopic boom, since Ourada teaches wherein a telescoping boom provides increased functionality and dexterity of the implement provided at the distal end of the boom, thereby providing a more robust and dynamic work vehicle.
Allowable Subject Matter
Claims 2-8 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached PTO-892 – Notice of References Cited form. Examiner additionally notes the following prior art references, in the same field of endeavor as the instant invention, and also reads on some of the currently provided claim limitations above;
US 2023/0078475 A1, issued to Selvam et al, which is directed towards a system and method for automatic tilting of an operator cabin of a work machine.
WO 2008/016310 A1, issued to Rust, which is directed towards a tilt apparatus for a cab of a construction vehicle.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN L SAMPLE whose telephone number is (571)270-5925. The examiner can normally be reached Monday-Friday 7:00am-4:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Adam Mott can be reached at (571)270-5376. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JONATHAN L SAMPLE/Primary Examiner, Art Unit 3657