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 .
The amendment filed 9 March 2026 has been entered.
Claim Objections
Claim 20 is objected to because of the following informalities: in line 2, “a electromechanical” should be replaced by - - an electromechanical - -. Appropriate correction is required.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-4, 6-7, 9-13, and 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by He et al. (CN202718153U) (“HeEA”).
Claim 1: boom assembly for a machine (excavator; figure 1), the boom assembly comprising a mount (figure 1, for “boom cylinder”; for “support seats” at “hinge point” (English translation)), a boom (figure 1-4), and a linear actuator (figure 1; “boom cylinder” (English translation)),
the boom comprising:
an upper end configured to be connected to an arm (“Its front end is hinged to the bucket arm”; figures 2-4);
a lower end that is pivotably connected to the mount about a mount-boom pivot (“rear end is hinged to the revolving platform”);
an actuator attachment point located between the upper end and the lower end of the boom (middle 7 of figures 1-4); and
a bifurcated portion of the boom comprising two legs, the two legs spaced apart to define a void configured to accommodate the linear actuator during movement of the boom, the bifurcated portion extending between the actuator attachment point and the lower end of the boom, and the actuator attachment point disposed between the two legs and within the void (two legs on either side of the middle linear actuator; figures 1-4), and
the linear actuator comprising:
a first end that is pivotably connected to the mount about a mount-actuator pivot (bottom of middle linear actuator in figure 1); and
an opposing second end that is pivotably connected to the boom at the actuator attachment point (figure 1 at the boom),
wherein the linear actuator is connected between the boom and the mount in a plane normal to an axis of rotation of the boom about the mount-actuator pivot, wherein the plane extends between the two legs of the of the boom (figures 1-4);
Claim 2: wherein an external width of the bifurcated portion of the boom in a direction of the axis of rotation of the boom is greater than a (internal) width of the upper end of the boom in the direction of the axis of rotation of the boom (at 24 in figures 2/4 greater width than at the boom part in figure 4 (bottom of figure) that does not include the mounting bracket; alternatively, 7/23 at 24 in figure 2 are at a greater width than the (internal) width at the boom part in figure 2 (bottom of figure));
Claim 3: wherein the linear actuator is connected between the mount and the boom such that the linear actuator extends between the two legs of the bifurcated portion of the boom (figures 1-4);
Claim 4: wherein the mount-actuator pivot is provided below the mount-boom pivot such that lowering the upper end of the boom causes the linear actuator to contract (figure 1);
Claim 6: wherein the two legs of the bifurcated portion of the boom extend along the boom at least: 50, 60, 70, or 80 % of the distance along the boom between the mount-boom pivot and the actuator attachment point (figure 1; approximately 50%);
Claim 7: wherein a stiffening member is provided between the two legs to partially close a region of the bifurcated portion between the two legs towards the lower end of the boom (5; figures 2/3);
Claim 9: wherein the linear actuator is a hydraulic linear actuator or an electromechanical linear actuator (“an energy recovery hydraulic cylinder” (English translation));
Claim 10: wherein each leg of the bifurcated portion comprises a box section extending along the boom (figures 1-3);
Claim 11: wherein the two legs of the bifurcated portion of the boom extends along the boom beyond the actuator attachment point such that the actuator attachment point is provided between the two legs of the bifurcated portion (figures 1-3);
Claim 12: wherein the two legs of the bifurcated portion of the boom join together at a point along the boom between the bifurcated portion of the boom and the actuator attachment point (figures 1-3);
Claim 13: wherein the two legs of the bifurcated portion of the boom extend to the mount-boom pivot such that each leg is pivotably connected to the mount (figures 1-3);
Claim 15: machine (excavator);
Claim(s) 1, 5, 8, and 14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by V. J. Holopainen et al. (US 3057494) (“Holopainen”).
Claim 1: boom assembly for a machine (11), the boom assembly comprising a mount (15/etc.), a boom (18), and a linear actuator (22),
the boom comprising:
an upper end configured to be connected to an arm (at 42);
a lower end that is pivotably connected to the mount about a mount-boom pivot (at 33);
an actuator attachment point located between the upper end and the lower end of the boom (23/53/54); and
a bifurcated portion of the boom comprising two legs, the two legs spaced apart to define a void configured to accommodate the linear actuator during movement of the boom, the bifurcated portion extending between the actuator attachment point and the lower end of the boom, and the actuator attachment point disposed between the two legs and within the void (two legs on either side of the linear actuator; FIG. 1-2), and
the linear actuator comprising:
a first end that is pivotably connected to the mount about a mount-actuator pivot (bottom of linear actuator in FIG. 1-2 at 53/54); and
an opposing second end that is pivotably connected to the boom at the actuator attachment point (FIG. 1-2 at the boom/23),
wherein the linear actuator is connected between the boom and the mount in a plane normal to an axis of rotation of the boom about the mount-actuator pivot, wherein the plane extends between the two legs of the of the boom (FIG. 1-2);
Claim 5: wherein the mount-actuator pivot is provided above the mount-boom pivot such that lowering the upper end of the boom causes the linear actuator to extend (FIG. 2, dotted lines on right);
Claim 8: wherein only one linear actuator configured to control the rotational position of the boom is connected between the mount and the boom (only one 22);
Claim 14: wherein the two legs of the bifurcated portion of the boom join at a point along the boom towards the lower end such that the lower end of the boom is pivotably connected to the mount-boom pivot by a single pivotable connection (one 22).
Claim Rejections - 35 USC § 103
Claim(s) 16-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Holopainen in view of Durkin et al. (US 2021/0270004; Filed: Mar. 2, 2021) ("Durkin "). Holopainen discloses:
Claim 16: a frame (15/etc.) including a boom pivot (at 33) and an actuator pivot (bottom of linear actuator in FIG. 1-2 at 53/54);
a linear actuator including a first end that is pivotably connected to the actuator pivot (22), and a second end opposite the first end (FIG. 1-2), wherein the linear actuator is an
a boom, the boom comprising:
an upper end configured to be connected to an arm (at 42);
a lower end that is pivotably connected to the boom pivot (at 33);
an actuator attachment point located between the upper end and the lower end of the boom, wherein the second end of the linear actuator is connected to the actuator attachment point (23/53/54; FIG. 1-2 at the boom/23); and
a bifurcated portion of the boom comprising two legs, the two legs spaced apart to define a void configured to accommodate the linear actuator during movement of the boom, each of the two legs configured to connect to the boom pivot, the bifurcated portion extending between the actuator attachment point and the lower end of the boom, and the actuator attachment point disposed between the two legs (two legs on either side of the linear actuator; FIG. 1-2),
wherein the linear actuator is connected between the boom and the actuator pivot in a plane normal to an axis of rotation of the boom about the actuator pivot, wherein the plane extends between the two legs of the boom (FIG. 1-2);
Claim 17: wherein an external width of the bifurcated portion of the boom in a direction of the axis of rotation of the boom is greater than a (an internal) width of the upper end of the boom in the direction of the axis of rotation of the boom (external width is greater than an internal width as claimed);
Claim 18: wherein each of the two legs has a substantially same shape as one another (FIG. 1-2);
Claim 19: wherein the second end of the linear actuator is disposed within the void between the two legs (FIG. 1-2).
Holopainen does not directly show:
Claim 16: electromechanical actuator;
Claim 20: wherein the linear actuator comprises an electromechanical actuator, and the linear actuator comprises a housing including a motor configured to linearly move components of the linear actuator, the housing disposed between the two legs of the boom.
Durkin shows a similar device having:
Claim 16: electromechanical actuator (438);
Claim 20: wherein the linear actuator comprises an electromechanical actuator (438), and the linear actuator comprises a housing including a motor configured to linearly move components of the linear actuator (479), the housing disposed between the two legs of the boom (orientation of 479 in FIG. 16B-18 allows for this location);
with a reasonable expectation of success for the purpose of reducing overall component size, potential for failure, and general maintenance requirements as compared to conventional hydraulic systems (para. [0088]). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Holopainen as taught by Durkin and include Durkin’s similar device having:
Claim 16: electromechanical actuator;
Claim 20: wherein the linear actuator comprises an electromechanical actuator, and the linear actuator comprises a housing including a motor configured to linearly move components of the linear actuator, the housing disposed between the two legs of the boom;
with a reasonable expectation of success for the purpose of reducing overall component size, potential for failure, and general maintenance requirements as compared to conventional hydraulic systems.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-15 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. Also, the objection to the abstract is fully withdrawn due to amendment.
Conclusion
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 Gerald McClain whose telephone number is (571)272-7803. The examiner can normally be reached Monday through Friday from 8:30 a.m. to 5:00 p.m. and at gerald.mcclain@uspto.gov (see MPEP 502.03 (II)).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Saul Rodriguez can be reached at (571) 272-7097. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Gerald McClain/Primary Examiner, Art Unit 3652
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