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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 28 July 2026 has been entered.
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) 1-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by V. J. Holopainen et al. (US 3057494) (“Holopainen”).
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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 32);
a lower end that is pivotably connected to the mount about a mount-boom pivot (at 33);
an elbow section between the upper and lower ends (see “elbow section” in modified FIG. 1 above);
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);
wherein an external width of the elbow section is greater than an external width of the upper end of the boom (boom 18 steps down in external width at 32 as shown in FIG. 1; therefore, the external width of the “elbow section” in FIG. 1 above is greater than an external width of the upper end of the boom at 32);
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 (external width is greater than an internal width as claimed; at least due to step down in external width at 32);
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 (FIG. 1);
wherein the linear actuator is the only actuator disposed in the void (22 only actuator in void between two legs on either side of the linear actuator);
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 (FIG. 1);
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 6: wherein the two legs of the bifurcated portion of the boom extend along the boom at least 50% of the distance along the boom between the mount-boom pivot and the actuator attachment point (FIG. 1; at least 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 (see at least “stiffening member” in modified FIG. 1 above);
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 9: wherein the linear actuator is a hydraulic linear actuator or an electromechanical linear actuator (“double-acting hydraulic type”);
Claim 10: wherein each leg of the bifurcated portion comprises a box section extending along the boom (FIG. 1);
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 (FIG. 1);
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 (FIG. 1);
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 (FIG. 1);
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 15: machine (11).
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 32);
a lower end that is pivotably connected to the boom pivot (at 33);
an elbow section between the upper and lower ends (see “elbow section” in modified FIG. 1 above);
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);
wherein an external width of the elbow in a direction of the axis of rotation of the boom is greater than an external width of the upper end of the boom in the direction of the axis of rotation of the boom (boom 18 steps down in external width at 32 as shown in FIG. 1; therefore, the external width of the “elbow section” in FIG. 1 above is greater than an external width of the upper end of the boom at 32), and
wherein the two legs are spaced apart at the lower end such that an external width of the boom at the lower end in the direction of the axis of rotation of the boom is greater than the external width of the upper end of the boom (at least due to step down in external width at 32);
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; at least due to step down in external width at 32);
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, see pp. 1-4, filed 28 July 2028, with respect to the rejection(s) of claim(s) 1-20 under He and Holopainen have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Holopainen. The rejections have been modified above due to amendment.
Conclusion
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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