DETAILED ACTION
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-2, 6-8, 10-11, 13-18, and 20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Gilbride (US20210276845).
1. A handling machine comprising: a chassis (12, Fig. 2); a handling system (16) for handling a load carried by the chassis, the handling system including a mobile platform (100); driving members (22) for driving the machine on a ground surface; a control console configured for controlling at least the driving members and the handling system (1008, Figs. 10, 25, and 28, [0188]: “The movable control box 1008 can include various switches, buttons, levers, joysticks, etc., to facilitate providing a user input to controller 200”); and a control unit configured for acquiring data from the control console and for controlling at least one of the handling system and the driving members, according to the data (200, Figs. 10, 25, 28, [0179]: “controller 200 is configured to receive input signals from remote user device 208 to operate lift device 10 (e.g., to drive or steer lift device 10)”), wherein the control console has at least three use configurations, the use configurations are selectively activatable, the use configurations include a first use configuration, a second use configuration, and a third use configuration ([0184]: “The movable control box 1008 can be configured to wirelessly or wiredly communicably couple with the controller 200. For example, the movable control box 1008 can be communicably coupled with the controller 200 via a wire or a plug at either the deployable operator station 800 (e.g., at the HMI 500), a fixed operator station of the lift device 10, the platform assembly 90, the implement assembly 16, etc.”), in the first use configuration, the control console is carried directly or indirectly by the chassis ([0184]: “a fixed operator station of the lift device 10”), in the first use configuration, actuation of the control console controls respective orientations of the driving members farthest from a pivoting link of the handling system to the chassis ([0185]: “The movable control box 1008 can provide the user input to controller 200 to operate the lift device 10 (e.g., to drive or steer the lift device 10 or to operate the lift apparatus 14)” – note that the claim does not include any limiting term such as “only” and thus per BRI, the control console is not precluded from controlling the orientations of driving members in addition to those farthest from the pivoting link, e.g., both the front and rear wheels of the handler, see e.g., [0075]: “One or both of the axles may include one or more steering members (e.g., tie-rods, elongated members, etc.) that are configured to pivot or rotate tractive elements about a steering axis to indicate a direction of turn of lift device 10”) in the second use configuration, the control console is mounted on the mobile platform ([0184]: “the platform assembly 90”), in the second use configuration, actuation of the control console controls respective orientations of the driving members closest to the pivoting link ([0185]: “The movable control box 1008 can provide the user input to controller 200 to operate the lift device 10 (e.g., to drive or steer the lift device 10 or to operate the lift apparatus 14)” – note that the claim does not include any limiting term such as “only” and thus per BRI, the control console is not precluded from controlling the orientations of driving members in addition to those farthest from the pivoting link, e.g., both the front and rear wheels of the handler, see e.g., [0075]: “One or both of the axles may include one or more steering members (e.g., tie-rods, elongated members, etc.) that are configured to pivot or rotate tractive elements about a steering axis to indicate a direction of turn of lift device 10”), in the third use configuration, the control console is used as a remote controller ([0176]: “controller 200 is wirelessly communicably coupled with a remote user device 208. Controller 200 can receive a user input or a request to deploy deployable operator station 100 from the remote user device 208”), the control unit includes a determining system for determining the use configuration of the control console ([0183]: “Operator sensor 210 can be a camera, a distance or proximity sensor, a motion detector, a temperature sensor, a weight sensor, an accelerometer, etc., or any other sensor that can detect a presence of an operator at deployable operator station 100”), and the control unit is configured for controlling the machine according to the determined use configuration ([0183]: “Controller 200 can also be configured to restrict, prevent, or inhibit one or more functions of lift device 10 in response to receiving an indication from an operator sensor 210 that an operator is not present at deployable operator station 100”).
2. The handling machine of claim 1, wherein a wired communication connection system communicatively couples the control unit (200) and the control console (1008, [0184]: “The movable control box 1008 can be configured to wirelessly or wiredly communicably couple with the controller 200”).
6. The handling machine of claim 1, wherein the handling system includes a pivoting arm (800, Fig. 2) mounted pivotably about a horizontal axis, and the pivoting arm is pivotable between a high position (e.g., Fig. 49)away from the ground surface and a low position (e.g., Fig. 2) close to the ground surface.
7. The handling machine of claim 6, wherein the control unit is configured to control pivoting movement of the pivoting arm from the low position to the high position at a maximum speed, and the maximum speed depends on the use configuration of the control console ([0182]: “Controller 200 may operate controllable elements 604 to deploy deployable operator station 100 for the MH mode. In this way, an operator may sit at deployable operator station 100 and operate lift device 10. In some embodiments, a drive speed that lift device 10 can achieve when in the MH mode is 2-3 times greater than a maximum speed that lift device 10 can achieve when in the MEWP mode”).
8. The handling machine of claim 1, wherein the machine includes a driver's position (100, Fig. 27) carried at least partially by the chassis and the mobile platform couplable to the handling system, the control console is placed in the driver's position in the first use configuration ([0177]: “In some examples, and as shown in FIG. 41, a docking station 125 is positioned within the operator station 100. To activate the lift device 10, a user can first dock the remote and mobile controller 200 onto the docking station 125”), and the control console is mounted on the mobile platform in the second use configuration (see e.g., Fig. 53 and [0184]: “the platform assembly 90”) so that it can move integrally with the mobile platform ([0184]: “For example, the movable control box 1008 can be wiredly coupled with a plug or a quick disconnect at the deployable operator station 800 or at the implement assembly 16 (e.g., if the implement assembly 16 is provided as the platform assembly 90)”).
10. The handling machine of claim 1, wherein the control console includes a first controller and a second controller, the first controller includes a first pivoting lever, the second controller includes a second pivoting lever, the first pivoting lever is configured to control the handling system, and the second pivoting lever is configured to control the driving members ([0185]: “The movable control box 1008 can include various switches, buttons, levers, joysticks, etc., to facilitate providing a user input to controller 200. The movable control box 1008 can provide the user input to controller 200 to operate the lift device 10 (e.g., to drive or steer the lift device 10 or to operate the lift apparatus 14)”).
11. The handling machine of claim 10, wherein the driving members are wheels (22) including at least one steerable wheel, the second controller is configured to control one or more of driving the at least one steerable wheel, and rotating and orienting at least one of the steerable wheels, and the control unit is configured to, when the second controller is activated, control a rotation or an orientation of at least one of the steerable wheels according to a direction of movement which depends on the use configuration of the control console ([0190]: “one or more virtual joysticks 2014 or pads that can allow an operator to execute different driving, steering, lifting, or tilting operations. Accordingly, the operator can control both the primary mover and the lift apparatus 14 using the mobile device 2008 and GUI 2010”).
13. The handling machine of claim 1, wherein the control unit (200) is configured to control the machine at a maximum speed based on the use configuration of the control console ([0182]: “Controller 200 may operate controllable elements 604 to deploy deployable operator station 100 for the MH mode. In this way, an operator may sit at deployable operator station 100 and operate lift device 10. In some embodiments, a drive speed that lift device 10 can achieve when in the MH mode is 2-3 times greater than a maximum speed that lift device 10 can achieve when in the MEWP mode. When controller 200 operates lift device 10 according to the MH mode, a lift speed of lift apparatus 14 may be the same as or similar to a lift speed of a traditional material handler”).
14. The handling machine of claim 1, wherein the machine includes a turret mounted rotatably on the chassis, and the control console includes at least one controller including a pivoting lever for controlling a rotation of the turret ([0093]: “Referring still to FIG. 3, turntable assembly 800 can include a platform rotator, a motor, an electric motor, etc., shown as turntable motor 64. Turntable motor 64 is shown as an electric motor that can consume electrical energy from energy storage device 40 to generate rotational kinetic energy to drive turntable member 803 to rotate relative to frame 20. Turntable motor 64 can also be an internal combustion engine, a hydraulic motor, a pneumatic motor, etc., or any other primary mover. In some embodiments, turntable motor 64 receives control signals from controller 200 so that controller 200 operates turntable motor 64 (e.g., to rotate turntable assembly 800 a predetermined or desired angular amount based on a user input or a user request)”).
15. The handling machine of claim 14, wherein the control unit (200) is configured to allow or prevent the rotation of the turret based on the use configuration of the control console ([0183]: “Controller 200 can also be configured to restrict, prevent, or inhibit one or more functions of lift device 10 in response to receiving an indication from an operator sensor 210 that an operator is not present at deployable operator station 100”, see also, [0188]: “In still other examples, the controller 2006 acts as a key that can unlock the equipment to travel in the manual mode of operation when the equipment detects the controller is physically present within the deployable operator station 100”).
16. The handling machine of claim 1, wherein the control console includes at least one power accumulator ([0184]: “The movable control box 1008 can be configured to wirelessly or wiredly communicably couple with the controller 200”).
17. A handling machine comprising: a chassis (12, Fig. 2); a handling system (16) supported by the chassis, the handling system including a mobile platform (100); a plurality of driving members (22) supported by the chassis; a control console removably supported by the chassis a control console configured for controlling at least the driving members and the handling system (1008, Figs. 10, 25, and 28, [0188]: “The movable control box 1008 can include various switches, buttons, levers, joysticks, etc., to facilitate providing a user input to controller 200”); and a control unit supported by the chassis (200, Figs. 10, 25, 28, [0179]: “controller 200 is configured to receive input signals from remote user device 208 to operate lift device 10 (e.g., to drive or steer lift device 10)”) and including a determining system to determine a use configuration of the control console ([0188]: “In still other examples, the controller 2006 acts as a key that can unlock the equipment to travel in the manual mode of operation when the equipment detects the controller is physically present within the deployable operator station 100”), the control unit being configured to control the handling system and the plurality of driving members based on the use configuration ([0183]: “Controller 200 can also be configured to restrict, prevent, or inhibit one or more functions of lift device 10 in response to receiving an indication from an operator sensor 210 that an operator is not present at deployable operator station 100”) and inputs from the control console ([0189]: “Depending on the selection of mode made by the user (e.g., using the controller 2006 and/or GUI 2010), the lift device 10 can determine whether it first needs to reconfigure its implement assembly 16”), wherein in a first use configuration, the control console is carried directly or indirectly by the chassis ([0184]: “a fixed operator station of the lift device 10”), in the first use configuration, actuation of the control console controls respective orientations of the driving members farthest from a pivoting link of the handling system to the chassis ([0185]: “The movable control box 1008 can provide the user input to controller 200 to operate the lift device 10 (e.g., to drive or steer the lift device 10 or to operate the lift apparatus 14)” – note that the claim does not include any limiting term such as “only” and thus per BRI, the control console is not precluded from controlling the orientations of driving members in addition to those farthest from the pivoting link, e.g., both the front and rear wheels of the handler, see e.g., [0075]: “One or both of the axles may include one or more steering members (e.g., tie-rods, elongated members, etc.) that are configured to pivot or rotate tractive elements about a steering axis to indicate a direction of turn of lift device 10”), in a second use configuration, the control console is mounted on the mobile platform ([0184]: “the platform assembly 90”), in the second use configuration, actuation of the control console controls respective orientations of the driving members closest to the pivoting link, and in a third use configuration, the control console is used as a remote controller ([0185]: “The movable control box 1008 can provide the user input to controller 200 to operate the lift device 10 (e.g., to drive or steer the lift device 10 or to operate the lift apparatus 14)” – note that the claim does not include any limiting term such as “only” and thus per BRI, the control console is not precluded from controlling the orientations of driving members in addition to those farthest from the pivoting link, e.g., both the front and rear wheels of the handler, see e.g., [0075]: “One or both of the axles may include one or more steering members (e.g., tie-rods, elongated members, etc.) that are configured to pivot or rotate tractive elements about a steering axis to indicate a direction of turn of lift device 10”).
18. The handling machine of claim 17, further comprising a communication connection system between the control unit and the control console ([0184]: “The movable control box 1008 can be configured to wirelessly or wiredly communicably couple with the controller 200”).
20. The handling machine of claim 18, wherein the communication connection system is wireless ([0184]: “The movable control box 1008 can be configured to wirelessly or wiredly communicably couple with the controller 200”).
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 3-5 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Gilbride (US20210276845) in view of Priestley (US6405114).
3. Gilbride fails to disclose the handling machine of claim 2, wherein the wired communication connection system comprises a first wired link and a second wired link, the determining system is configured to determine that the control console is in the first use configuration via the first wired link, and the determining system is configured to determine that the control console is in the second use configuration via the second wired link. Priestley teaches, in the context of handling machines, wherein the wired communication connection system (Fig. 2B) comprises a first wired link (see left directed twisted pair in Fig. 2B) and a second wired link connection system (Fig. 2B) comprises a second wired link (see right directed twisted pair in Fig. 2B), the determining system (206) is configured to determine that the control console is in the first use configuration (202) via the first wired link, and the determining system (206) is configured to determine that the control console is in the second use configuration (204) via the second wired link (col. 14, lines 42-50: “The MCM is the main controller 206 for the entire system and its primary function is to evaluate the system rule database and arbitrate data to and from other devices on the network. Operation of the electrical system is dictated by a predefined database (Appendix A). The database describes the relationships between the devices in the electrical system. The MCM evaluates the database and arbitrates data to and from each specific device in the system”). Accordingly, it 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 to have included wherein the wired communication connection system comprises a first wired link and a second wired link, the determining system is configured to determine that the control console is in the first use configuration via the first wired link, and the determining system is configured to determine that the control console is in the second use configuration via the second wired link in the handling machine of Gilbride according to the teachings of Priestley in order to preserve battery power in the control console.
4. Gilbride in view of Priestley discloses the handling machine of claim 3, wherein a wireless communication connection system communicatively couples the control unit and the control console (Gilbride [0184]: “The movable control box 1008 can be configured to wirelessly or wiredly communicably couple with the controller 200”).
5. Gilbride in view of Priestley discloses the handling machine of claim 4, wherein the control console is removed from the control unit in the third use configuration (Gilbride [0176]: “controller 200 is wirelessly communicably coupled with a remote user device 208. Controller 200 can receive a user input or a request to deploy deployable operator station 100 from the remote user device 208”), and the determining system is configured to determine that the control console is in the third use configuration via one or more of the wired communication connection system and the wireless communication connection system (Gilbride [0188]: “In still other examples, the controller 2006 acts as a key that can unlock the equipment to travel in the manual mode of operation when the equipment detects the controller is physically present within the deployable operator station 100”).
9. Gilbride discloses the handling machine of claim 8, wherein the mobile platform (90, Fig. 53) is an orientable platform, the control console (2008) includes a controller configured to control the orientation of the mobile platform, and the control unit is configured to, when the controller is activated, control an orientation of the mobile platform in a direction of movement which depends on the use configuration of the control console ([0190]: “In some examples, the GUI 2010 is configured to provide a forward facing view 2012 from a camera positioned on the lift device 10, as well as one or more virtual joysticks 2014 or pads that can allow an operator to execute different driving, steering, lifting, or tilting operations. Accordingly, the operator can control both the primary mover and the lift apparatus 14 using the mobile device 2008 and GUI 2010”). Gilbride fails to explicitly disclose wherein the mobile platform is mounted for rotation about a vertical axis orthogonal to a horizontal axis. Priestley teaches, in the context of handling machines, wherein a mobile platform (136, Fig. 1) is mounted for rotation (150) about a vertical axis orthogonal to a horizontal axis (col. 4, lines 61-63: “The platform 136 of the machine will rotate 90.degree. in either direction in a level plane as indicated by arrows 150”). It 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 to have included wherein the mobile platform is mounted for rotation about a vertical axis orthogonal to a horizontal axis in the handling machine of Gilbride according to the teachings of Priestley in order to allow for orientation of the mobile platform without having to operate the turntable.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Gilbride (US20210276845) in view of Horstmann (US20170114523).
12. Gilbride discloses the handling machine of claim 11, wherein in the first use configuration the control console is placed in a driver's position of the machine ([0184]: “For example, the movable control box 1008 can be communicably coupled with the controller 200 via a wire or a plug at either the deployable operator station 800 (e.g., at the HMI 500), a fixed operator station of the lift device 10, the platform assembly 90, the implement assembly 16, etc.”). Gilbride fails to disclose wherein the control unit is configured to, when the second controller is actuated and released, control an automatic return of at least one of the steerable wheels to a straight position corresponding to a movement of the machine in a straight line. Horstmann teaches, in the context of handling machines, wherein the control unit is configured to, when the second controller is actuated and released, control an automatic return of at least one of the steerable wheels to a straight position corresponding to a movement of the machine in a straight line (Horstmann [0085]: “in the event that the articulation control 78b and the wheel lean control 80b incorporate functional detents, the operator would merely roll the controls to the end of their ranges of motion and release, and then after the turn, re-center the chassis and wheel lean by simply pressing down on the controls, again in a single thumb motion, however, this time using a single push-button, depress motion”). It 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 to have included wherein the control unit is configured to, when the second controller is actuated and released, control an automatic return of at least one of the steerable wheels to a straight position corresponding to a movement of the machine in a straight line in the handling machine of Gilbride according to the teachings of Horstmann in order to alleviate the operator from having to manually return the steerable wheels to a straight position.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Gilbride (US20210276845) in view of Johnson (US20140172128).
19. Gilbride discloses the handling machine of claim 18, wherein the communication connection system is wired ([0184]: “The movable control box 1008 can be configured to wirelessly or wiredly communicably couple with the controller 200”) and includes a first wired link and the determining system is configured to determine whether the control console is in the first use configuration via the first wired link ([0184]: “The movable control box 1008 can be configured to wirelessly or wiredly communicably couple with the controller 200. For example, the movable control box 1008 can be communicably coupled with the controller 200 via a wire or a plug at either the deployable operator station 800 (e.g., at the HMI 500), a fixed operator station of the lift device 10, the platform assembly 90, the implement assembly 16, etc.”, see also, [0188]: “In still other examples, the controller 2006 acts as a key that can unlock the equipment to travel in the manual mode of operation when the equipment detects the controller is physically present within the deployable operator station 100”) Gilbride fails to disclose wherein the communication connection system includes a second wired link and the determining system is configured to determine whether the control console is in the second use configuration via the second wired link. . Johnson teaches, in the context of handling machines, wherein the communication connection system includes a second wired link (Johnson [0032]: “communication between the machine controller 52 and the portable computing device 100 may be achieved by a wired connection upon mounting the portable computing device in or on the machine 10. In other words, portable computing device 100 may be configured to communicate with the machine controller wirelessly or through a wired connection”), the control console (100) is mountable to the chassis in a second use configuration (Johnson Fig. 2 and [0057]: “portable computing device 100 at machine mounting location 109”, see also, [0056]: “remote control console 130 may include a console mounting location 138 for removably mounting the portable computing device 100 thereat”) and the determining system is configured to determine whether the control console is in the second use configuration via the second wired link (Johnson [0056]: “upon operatively mounting the portable computing device 100 at the console mounting location 138, the display devices of the console instrument array 131 may be configured to display information related to operation of the machine and the console input devices may be configured to receive input commands from an operator”). It 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 to have included wherein the communication connection system includes a second wired link, the control console is mountable to the chassis in a second use configuration, and the determining system is configured to determine whether the control console is in the second use configuration via the second wired link in the handling machine disclosed by Hokkanen according to the teachings of Johnson in order to preserve battery power in the control console.
Response to Arguments
Applicant’s arguments with respect to claim(s) 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.
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 Ben Pezzlo whose telephone number is (571)272-9656. The examiner can normally be reached M to Th 7 to 5.
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/BAP/ Examiner, Art Unit 3634 /DANIEL P CAHN/Supervisory Patent Examiner, Art Unit 3634
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