On 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 action is in reply to the Applicant’s claims, filed on 06/08/2026.
Claims 1, and 3-4 have been amended.
Claims 1-4 are currently pending and have been examined.
Response to Amendment
The amendment filed 06/08/2026 has been entered. Claims 1-4 remain pending in the application. Applicant’s amendments to the drawings and claims have overcome each objection and rejection previously set forth in the Non-Final Office Action filed 03/09/2026.
Applicant’s argument with respect to the prior art rejections of claims 1-4 has been considered and found persuasive; therefore, the rejections have been withdrawn. However, upon further consideration, the amendments raise new issues and a new ground(s) of rejection is made.
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.
Claims 1-2, and 4 are rejected under 35 U.S.C. 103 as being unpatentable over Shioji et al. (US9702112) in view of Erhardt et al. (US11801794) and Kurokawa et al. (US11,299,867).
Claim 1. Shioji discloses: A cab (4 cab, Fig. 1) for a construction machine (1 excavator, Fig. 1), comprising:
a cab box (41, 42, 46 pillars form room space of 4 and 142 roof portion, Fig. 1; Col. 5, line 53-Col. 6, line 5) having an opening (141a opening, Fig. 7) formed on a front side (141 front wall, Fig. 7) thereof;
a front window (47 front window, Fig. 7) provided in the cab box and movable between a window-closing position where the opening is closed and a window-opening position (open and close positions; Fig. 7, Col. 8, lines 16-33) where the front window is accommodated below a top surface (underside of 142 roof, Fig. 7) portion of the cab box (underside of 142 roof, Fig. 7); and
a monitor device (21 monitor, Fig. 3-9) provided in the cab box (Fig. 3) and displaying various types of information (21 displays real time updates, Col. 5, lines 34-37), wherein
the cab box is provided therein with an operator's seat on which an operator is seated (61 operators seat, Fig. 3) and a working lever device for operation of a working mechanism of the construction machine (63-65 levers, Fig. 3),
the monitor device is disposed on a side portion of the front window (21 is mounted on 41 first pillar, Fig. 3).
Shioji does not disclose: the monitor device is disposed on a side portion of the front window to move between the window-closing position and the window-opening position as the front window is moved, the monitor device is mounted on the front window so as to be located, in a state where the front window is disposed at the window-opening position, forward a backrest of the operator's seat and rearward of a front end of the working lever device.
Erhardt discloses a display oriented in a cab of a power machine to provide information to the operator both while the door is in the opened and closed positions.
Erhardt teaches: the monitor device (402 or 502 display, Fig. 12) is disposed on the front window (524 front entry door, Fig. 11-13) to move between the window-closing position (closed, Fig. 12) and the window-opening position (open, Fig. 13) as the front window is moved (Fig. 12-13,) and
the monitor device is mounted on the front window so as to be located, in a state where the front window is disposed at the window-opening position, forward a backrest of the operator's seat (502 is positioned on 524 centered between the knees of the operator; Col. 16, lines 6-8; 524 pivots on 344 behind 368 joystick, Fig. 6; 502 is visible in open position; Col. 16, lines 19-21).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the location of the monitor of Shioji to a location attached to the front window as taught by Erhardt with a reasonable expectation of success in order have an improved viewing angle as taught by Erhardt (Col. 16, lines 6-11) in the closed and open position.
Shioji in view of Erhardt is not explicit on the position of monitor in relation to the levers in the open position.
Kurokawa discloses an operator configuration for a shovel machine.
Kurokawa teaches: a monitor device (D2 display, Fig. 2) mounted forward of a backrest of the operator’s seat (DS operator seat, Fig. 2) and rearward of a front end of the working level device (26 operating apparatus, Fig. 2; D2 is mounted forward of the DS and reward of the front end of 26).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the location of the monitor in the open window position of Shioji in view of Erhart to a location between the seat and working levers as taught by Kurokawa with a reasonable expectation of success in order have an improved viewing angle resulting in proper operator sitting position as taught by Kurokawa (Col. 1, line 66-Col. 2, line 2).
Claim 2. Shioji in view of Erhardt and Kurokawa teach: The cab for a construction machine according to claim 1, wherein the monitor device is mounted on the front window (see previously rejected claim 1), using a universal joint having an adjustable mounting angle (Shioji: 50 support member, Fig. 4-5; Erhart: 512 moveable mount, Fig. 14A-14B).
Claim 4. Shioji in view of Erhardt and Kirokawa teach: The cab for a construction machine according to claim 1, wherein the cab box comprises an entrance way for allowing access to one side in the right-and-left direction (Shioji: door; Col. 6, lines 8-9), wherein the monitor device is disposed on the other another side in the right-and-left direction of the front window opposite the entrance way (Shioji: 21 monitor is opposite of entrance; Fig. 3; Erhardt: 402 is on the right side of the window; Fig. 7).
Regarding the limitation: the monitor device is disposed on the other side in the right-and-left direction of the front window opposite the entrance way, both Shioji and Erhardt teach monitors on the right side of the cab in various embodiments (Shioji: Fig. 3; Erhardt: Fig. 7). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to positioned the monitor on the opposite side of the entry on the front window as instantly claimed based on choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success in order to improve access and/or improve forward visibility. KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007).
Allowable Subject Matter
Claim 3 is 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.
The following is an examiner’s statement of reasons for allowance:
Claim 3 reads on an apparatus for a cab having an operating framed front window in which a plurality of grips is attached to the frame at multiple locations, and a monitor device is mounted to the right frame member of the window. Wherein when the window is open, the monitor is positioned forward of the operator’s seat and rearward of the front end of a working lever, and when the window is closed, the monitor device is downward of the first and second grips and upward of the third grip.
The claimed invention has been examined in light of prior art, including relevant searches of published patent documents, non-patent literature and other sources. Based upon this examination, no prior art has been identified that discloses or teaches the claimed invention in its entirety.
Specifically, none of the references disclosed in the prior art show or suggest the combination of a monitor device mounted to the right frame member of an operating window, wherein when the window is open, the monitor is positioned forward of the operator’s seat and rearward of the front end of a working lever, and when the window is closed, the monitor device is downward of the first and second grips and upward of the third grip. Therefore, these limitations in combination with the remainder of the claim, is deemed allowable.
For example, Shioji in view of Erhardt and Kurokawa discloses a cab having an operating framed front window with a monitor on the left side of the window and wherein when the window is open, a monitor is positioned forward of the operator’s seat and rearward of the front end of a working lever.
The prior art references do not disclose a monitor device mounted to the right frame member of an operating front window, wherein when the window is open, the monitor is positioned forward of the operator’s seat and rearward of the front end of a working lever, and when the window is closed, the monitor device is downward of the first and second grips and upward of the third grip.
The unique combination of elements recited in the claims results in a new and non-obvious solution that is not anticipated or rendered obvious by the cited references.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Komatsu, PW160 Operating and Maintenance Manual (page 118-120) discloses a front operating window with a plurality of grip knobs on the left, right and lower frame of the front window. Komatsu does not teach a monitor device mounted to the right frame member.
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 Daniel Craig whose telephone number is (571)270-0747. The examiner can normally be reached M-Thurs 8:00 AM to 5:00 PM CST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tara Schimpf can be reached at (571)270-7741. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DANIEL T CRAIG/Examiner, Art Unit 3676
/TARA SCHIMPF/Supervisory Patent Examiner, Art Unit 3676
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