DETAILED ACTION
Acknowledgements
In the reply filed June 17, 2026, the applicant amended claims 1-4.
Currently claims 1-7 are under examination.
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 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.
Claims 1-7 are rejected under 35 U.S.C. 103 as being unpatentable over Rohrbaugh (U.S. Patent No. 5,647,721) in view of Umizaki (U.S. Pub. No. 2021/0324606).
Regarding Claim 1, Rohrbaugh discloses a working machine comprising:
An automotive vehicle body (Rohrbaugh: 90); and
A working mechanism (Rohrbaugh: Figure 7: bucket assembly) attached to a front side of the vehicle body (Rohrbaugh: 7), the vehicle body (Rohrbaugh: 7) including:
A prime mover (Rohrbaugh: 13: driving central hydraulic system) serving as a power source;
A counterweight (Rohrbaugh: Figure 7: rear portion of machine opposite bucket assembly functions as a counterweight) disposed on a rear end side of the vehicle body (Rohrbaugh: 90), the counterweight (Rohrbaugh: Figure 7: rear portion of machine opposite bucket assembly functions as a counterweight) and
An emergency stop switch (Rohrbaugh: 3) for stopping the prime mover (Rohrbaugh: 13: driving central hydraulic system) by being pushed, wherein:
The rear surface of the counterweight (Rohrbaugh: Figure 7: rear portion of machine opposite bucket assembly functions as a counterweight) is provided with a recessed part (Rohrbaugh: space for 3) that is located at a position offset from the opening (Rohrbaugh: Figure 1: openings for hydraulic lines) and recessed from the rear surface of the counterweight (Rohrbaugh: Figure 7: rear portion of machine opposite bucket assembly functions as a counterweight; Figures 2: bar 3 can be seen set into recessed portion); and
The emergency stop switch (Rohrbaugh: 3) is disposed within the recessed part (Rohrbaugh: space for 3) of the counterweight (Rohrbaugh: Figure 7: rear portion of machine opposite bucket assembly functions as a counterweight).
Rohrbaugh does not disclose an opening penetrating between a front surface facing the prime mover and a rear surface opposite the front surface or a cover covering the opening of the counterweight and being openable and closable.
Umizaki discloses an opening penetrating between a front surface facing the prime mover and a rear surface opposite the front surface or a cover covering the opening of the counterweight and being openable and closable (Umizaki: Figure 3: 28 and opening covered by 28).
It would have been obvious to one having ordinary skill in the art at the time of the invention’s filing to have utilized the opening and covering thereof of Umizaki in the invention of Rohrbaugh in order to provide the old and well known function of allowing access to the internal components of the working machine for the purposes of inspection and/or maintenance.
Regarding Claim 2, Rohrbaugh and Umizaki render obvious the working machine according to claim 1, wherein the emergency stop switch (Rohrbaugh: 3) is disposed adjacent to the opening (Umizaki: Figure 3).
Regarding Claim 3, Rohrbaugh and Umizaki render obvious the working machine according to claim 1, wherein the cover (Umizaki: 28) is attached to the vehicle body (Rohrbaugh: 90) to be movable to the closed position for covering the opening (Umizaki: Figure 3) and the open position for opening (Umizaki: Figure 3) the opening (Umizaki: Figure 3), and the emergency stop switch (Rohrbaugh: 3) is disposed in a position of being not covered with the cover (Umizaki: 28) regardless of the cover (Umizaki: 28) being in the closed position or in the open position.
Regarding Claim 4, Rohrbaugh and Umizaki render obvious the working machine according to claim 1,wherein the emergency stop switch (Rohrbaugh: 3) is disposed to be lower than an upper end of the opening (Umizaki: Figure 3)(opening of Umizaki, when placed on invention of Rohrbaugh may be above emergency stop 3).
Regarding Claim 5, Rohrbaugh and Umizaki render obvious the working machine according to claim 1, wherein the counterweight (Rohrbaugh: Figure 7: rear portion of machine opposite bucket assembly functions as a counterweight) is provided with an attaching part (Rohrbaugh: receptacle for 12 in bed of vehicle ) for attaching an additional counterweight (Rohrbaugh: Figure 7: rear portion of machine opposite bucket assembly functions as a counterweight), and the emergency stop switch (Rohrbaugh: 3) is disposed closer to the upper side than the attaching part (Rohrbaugh: receptacle for 12 in bed of vehicle ).
Regarding Claim 6, Rohrbaugh and Umizaki render obvious the working machine according to claim 1, wherein the prime mover (Rohrbaugh: 13, 33) includes an electric motor (Rohrbaugh: 33 )that is driven by the supply of electric power, the vehicle body (Rohrbaugh: 90) further includes:
A battery device (Rohrbaugh: 13) that stores the electric power for driving the electric motor; and a charge switching portion for switching the supply and stop of the electric power to the battery device (Rohrbaugh: 13) , and the emergency stop switch (Rohrbaugh: 3) and the charge switching portion are arranged in one side of the vehicle body (Rohrbaugh: 90) in the left-right direction.
Regarding Claim 7, Rohrbaugh and Umizaki render obvious the working machine according to claim 1, wherein the prime mover (Rohrbaugh: 13, 30 includes an electric motor (Rohrbaugh: 30) that is driven by the supply of electric power, the vehicle body (Rohrbaugh: 90) further includes:
A battery device (Rohrbaugh: 13) that stores the electric power for driving the electric motor; and a power feeding port to which a power feeding cable for supplying electric power fed from an external power source to the battery device (Rohrbaugh: 13) is connected, and the emergency stop switch (Rohrbaugh: 3) and the power feeding port are arranged in one side of the vehicle body (Rohrbaugh: 90) in the left-right direction.
Response to Arguments
Applicant's arguments filed June 17, 2026 have been fully considered and they are persuasive, however upon further consideration, the applicant’s invention is rendered obvious by the combination of Rohrbaugh and Umizaki as detailed above.
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 DOUGLAS S WOOD whose telephone number is (571)270-5954. The examiner can normally be reached Monday through Thursday 8:30 AM - 7:00 PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nicole A Coy can be reached at (571) - 272 - 5405. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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DOUGLAS S. WOOD
Examiner
Art Unit 3672
/DOUGLAS S WOOD/Examiner, Art Unit 3672
/Nicole Coy/ Supervisory Patent Examiner, Art Unit 3672
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