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 .
DETAILED ACTION
Priority
The applicant’s priority to foreign application NL2029665 filed on November 8th, 2021 has been accepted.
Information Disclosure Statement
The Information Disclosure Statement filed on April 16th, 2024 has been considered by the examiner.
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 1-18 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.
Regarding claim 1, the phrase “such as” renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d). The claim will be interpreted as if this limitation were removed.
Claims 2-18 are rejected by virtue of their dependencies.
Allowable Subject Matter
Claims 1-18 would be allowable one the 35 U.S.C. 112 issues are overcome.
Independent claim 1 would be allowable for disclosing “an articulated chassis… comprising a boom pivot device arranged on the front chassis part.”
The closest prior art of Cordes (DE1114738) discloses a miniloader (Figs 1-4), comprising: an articulated chassis (P008) comprising a rear chassis part (Including driver’s seat 10, but not labeled separately); on which rear wheels (Fig. 1) are provided a front chassis part (generally indicated by front steering axle 1) which is pivotable relative to the rear chassis part about a vertical chassis pivot axis line (P008) and on which front wheels (Fig. 1) are provided,
a steering device for steering the miniloader by means of pivoting of the front chassis part and rear chassis part relative to one another about the chassis pivot axis line, (implied by driver seat 10, engine 11 and turning of axle in P0011 ), a pivotable boom (boom 4 with support arm 2) the boom comprising: an upwardly extending first arm part (support arm 2) , a second arm part (boom 4) which with a first end (20) is arranged on a free end (22) of the first arm part and which is pivotable relative to the first arm part about a first horizontal pivot axis line (bolt 13) between a retracted state, in which the second arm part extends downward, and an extended state, in which the second arm part extends upward (Fig. 1, 2) and a coupling piece (not labeled separately but shown between hydraulic cylinder 8 and loading shovel 5)which is arranged on a second end (28) of the second arm part (18) located opposite the first end and is pivotable about a second horizontal pivot axis line (26), for coupling thereto a tool (loading shovel 5).
Although pivotable booms are known in the art from US-2852149, US-3224608, and US-20180171578, there is no teaching or suggestion in the prior art that would render it obvious to a person with ordinary skill in the art before the effective filing date of the invention to put a pivotable boom on an articulated chassis.
Claims 2-18 would be allowable by virtue of their dependencies.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JESSICA LYNN BURKMAN whose telephone number is (571)272-5824. The examiner can normally be reached M-Th 7:30am to 6:00pm EST.
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/J.L.B./Examiner, Art Unit 3653
/MICHAEL MCCULLOUGH/Supervisory Patent Examiner, Art Unit 3653