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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-7 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 lines 5 and 7 recite “the boom,” which has unclear antecedent basis. A “plurality of booms” is set forth before these recitations. To which of the plurality of booms does “the boom” have reference?
Claim Rejections - 35 USC § 102
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 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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-3 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP 2019142621 A (hereinafter “Zushi”; i.e. embodiment 2 which is the same as the first embodiment, except the sensor 44 is changed per figures 19-20).
Regarding claim 1 Zushi discloses a work machine comprising:
a plurality of booms (141/142/143) that are extended and retracted by motive power from an actuator (3);
a first pin (454a) that is moved by a first spring (455a) to connect [a] boom (e.g. 141) and the actuator (3) to each other and is moved by motive power from a motor (41) to release a connection of the boom (e.g. 141) and the actuator (3);
a second pin (144a) that is moved by a second spring (463) to connect adjacent booms of the booms (141/142/143) and is moved by motive power from the motor (41) to release a connection of the adjacent booms; and
a first detection device (502A) and a second detection device (501A) that detect positions of the first pin (454a) and the second pin (144a) on the basis of a rotation of a rotary member (432) that is rotated by motive power from the motor (41).
Regarding claim 2 Zushi discloses the above work machine, and further discloses wherein the first detection device (502A) and the second detection device (501A) detect the positions of the first pin (454a) and the second pin (144a) by different detection methods (i.e. by physically separate mechanisms, 52a2 and 50c2).
Regarding claim 3 Zushi discloses the above work machine, and further discloses a support (i.e. unshown supporting member for 502A/501A, necessarily present or the detectors would fall; see fig. 19A) that supports the first detection device (502A) and the second detection device (501A), wherein the first detection device (502A) includes a first detection unit (53A) fixed around (near) the rotary member (432) via the support (unshown supporting member for 502A/501A), and the second detection device (501A) includes a second detection unit (51A) fixed around the rotary member (432) via the support (supporting member for 502A/501A).
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.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Zushi.
Regarding claim 4 Zushi teaches the above machine, but fails to teach the support as outlined in claim 4. The unshown (but necessarily present) support of Zushi deviates from the support of claim 4 in that it is not known if there are two plate portions, or which direction these plate portions face. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the housing of any convenient shape, including that claimed, with a reasonable expectation of success. One having ordinary skill in the art would have been motivated to make this combination in order to properly secure the detection devices.
Allowable Subject Matter
Claims 5-7 are 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Such references show various forms of apparatus which comprise at least one similar feature to the present application.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Nathaniel L Adams whose telephone number is (571)272-4830. The examiner can normally be reached M-F 8-4 Pacific Time.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Victoria P Augustine can be reached at (313) 446-4858. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NATHANIEL L ADAMS/Examiner, Art Unit 3654