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 .
Response to Arguments
Applicant’s arguments, see Page 6, filed April 21, 2026, with respect to 112(b) rejections have been fully considered and are persuasive. The 112(b) rejections have been withdrawn.
Applicant’s arguments, see Pages 6-8, filed April 21, 2026, with respect to the rejection(s) of claim(s) 1, 3-4, and 6-11 under prior art rejections have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Garramone et al. (US 20170073924; hereinafter Garramone).
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1, 3-4, and 6-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lane et al. (US 4324525; hereinafter Lane; already of record from IDS) in view of Oasa (US 20220081871; already of record) in view of Garramone et al. (US 20170073924; hereinafter Garramone).
In regards to claim 1, Lane discloses of a high dump bucket-based construction machine (“A bucket assembly and operating system for a conventional front end loader that increases the dump height for a given boom length. The bucket assembly includes a cradle pivotally attached to the end of a boom and a bucket rotatably supported by the cradle. Rotative movement in the cradle and bucket between rollback and dump positions is accomplished by fluid pressure operated actuators controlled by a fluid pressure control system. Sequence valves forming part of the control system are utilized to delay the application of fluid pressure to certain actuators so that sequential motion in the cradle and bucket is achieved without the necessity of additional operator controls. A bucket latching mechanism mechanically locks the bucket in its rollback position until the bucket dump sequence is initiated.” (Abstract)) comprising:
a boom rotatably connected to a main body of the construction machine based on a first rotating shaft (“Referring also to FIG. 2, the boom assembly 12 is pivotally connected to the front end 14. It includes a pair of boom arms 28 pivotally attached at hinge points 29 to the mounting plates 30 (only one plate 30 is shown in FIGS. 1 and 2) integrally formed with the front end 14. Hydraulic actuators 32 having extensible rods 34 raise and lower the boom arms 28. Each actuator 32 is rotatable about a pivot point 35 on the mounting plates 30 (shown in FIG. 2).” (Column 4 lines 45-53), see also Fig 1);
a bucket support rotatably connected to the boom based on a second rotating shaft and configured to support a high dump bucket (“The bucket assembly 13 is pivotally attached to the arms 28 by hinge pins 36. The bucket assembly includes a cradle 38 and a bucket 40. The cradle 38 and the bucket 40 are individually pivotal between their own rollback and dump positions. In the preferred embodiment, a bucket latching mechanism (to be described) is connected to the cradle 38 and is adapted to engage and maintain the bucket 40 in its rollback position within the cradle 38. In FIG. 1, the cradle 38 and the bucket 40 are both shown in their dump positions. FIGS. 2 and 3 illustrate a variety of cradle/bucket positions with the boom raised and lowered, respectively.” (Column 4 lines 54-65), see also Fig 1);
the high dump bucket rotatably connected to the bucket support based on a third rotating shaft (“The bucket 40 is coupled to the cradle assembly 38 by the hinge pins 87 (a portion of one being shown in FIG. 8) which extend through aligned apertures 150 located in the side plates 130 in each actuator housing 124, and the sleeve 86 mounted between the cradle plates 58a, 58b. A teardrop-shaped mounting plate 152 is welded to one end of the hinge pin 87. When the pin 87 is in its operative position, the plate 152 abuts and is bolted to one of the side plates 130 by a threaded fastener 153. The plate 152 prevents relative rotation and axial movement between the pin 87 and the bucket 40. Consequently, the hinge pins 87 and hence the bucket 40 are rotatably supported by the bushings 88 press-fitted into the sleeves 86 (see FIG. 4).” Column 7 lines 14-27), see also Column 6 lines 1-10 and Fig 6).
However, Lane does not specifically disclose of a bucket angle sensor configured to detect a rotation angle of the high dump bucket; and
a control unit configured to determine a posture of the construction machine based on bucket angle data obtained from the bucket angle sensor;
a control unit configured to determine a posture of the construction machine based on bucket angle data obtained from the bucket angle sensor; and
wherein the control unit receives the first user input based on whether a bucket kick-out function is activated based on a kick-down button of a joystick associated with the construction machine is pressed and the joystick is operated to a first end.
Oasa, in the same field of endeavor, teaches of a bucket angle sensor configured to detect a rotation angle of the high dump bucket (“The bell crank 123 transmits the power of the bucket cylinder 125 to the bucket 122. A first end of the bell crank 123 is attached to a bottom portion of the bucket 122 via a link mechanism. A second end of the bell crank 123 is attached to a tip end portion of the bucket cylinder 125 via a pin. A bucket angle sensor 1231 for detecting a bucket angle θ.sub.B is provided in a central portion of the bell crank 123. The bucket angle θ.sub.B is represented by an angle formed between the straight line extending forward from the vehicle body 110 and a straight line extending along a bottom surface of the bucket 122. When the bucket angle θ.sub.B is positive, the bucket 122 is tilted to a tilt side, and when the bucket angle θ.sub.B is negative, the bucket 122 is tilted to a dump side. The bucket angle θ.sub.B is obtained by adding the boom angle θ.sub.L to an angle of the bucket 122 with reference to the boom 121 which is obtained from the measurement value of the bucket angle sensor 1231.” (Para 0024)); and
a control unit configured to determine a posture of the construction machine based on bucket angle data obtained from the bucket angle sensor (“The state determination unit 315 determines a work state of the work vehicle 100 based on the traction force calculated by the traction force calculation unit 314, the measurement values of the boom angle θ.sub.L and the bucket angle θ.sub.B which are acquired by the measurement value acquisition unit 313, and the operation amounts of the boom lever 157 and the bucket lever 158 which are acquired by the operation amount acquisition unit 311. The work state includes at least an excavation state and a dump state.” (Para 0063), “In addition, the state determination unit 315 determines that the work state is the dump state when the bucket angle θ.sub.B is smaller than a predetermined dump threshold. The dump threshold is a negative value, and is a value lower than a lower limit value of the bucket angle range. That is, when the bucket angle θ.sub.B is smaller than the dump threshold, the bottom surface of the bucket 122 is tilted in the dump direction.” (Para 0065), see also Para 0064);
wherein when the control unit receives a first user input for performing a high dump operation, the control unit changes a rotation angle of the high dump bucket to a predetermined first angle through the second rotating shaft based on the bucket angle data (“When the command input unit 312 receives an input of the start command of the automatic drive control, the control device 300 performs the automatic drive control described below. First, the drive control unit 317 determines whether or not the input start command is a start command relating to the automatic dump control (Step S31).” (Oasa Para 0078), “The measurement value acquisition unit 313 acquires the measurement values from the boom angle sensor 1211 and the bucket angle sensor 1231 (Step S34). The drive control unit 317 determines whether or not an angle of a control object (the boom 121 or the bucket 122) reaches a predetermined angle (rising angle, lowering angle, tilt angle, or dump angle) (Step S35). When the angle of the control object does not reach the predetermined angle (Step S35: NO), the command input unit 312 determines whether or not an input of the stop command is received (Step S36). When the stop command is not input (Step S36: NO), the operation amount acquisition unit 311 determines whether or not the operation amount of the operation lever (the boom lever 157 or the bucket lever 158) relating to the automatic drive control, which has returned to a predetermined play range immediately after the start command is input, exceeds the predetermined play range again (Step S37). When the operation amount of the operation lever does not exceed the play range (Step S37: NO), the process returns to Step S33, and the output of the drive command is continued. In another embodiment, when the operation lever is fixed after the start command of the automatic drive is input, in Step S37, the operation amount acquisition unit 311 may determine whether or not the operation amount of the operation lever falls within a range in which the operation lever is unfixed.” (Oasa Para 0081), see also Oasa Para 0036).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the machine with a high dump bucket, as taught by Lane, to include a bucket angle sensor used to determine a posture of the construction machine and adjust the rotation according to an input, as taught by Oasa, with a reasonable expectation of success in order to determine the working state of the machine, such as to determine if the bucket is in a dump state (Oasa Para 0063 and 0065).
However, Lane in view of Oasa does not specifically teach of wherein the control unit receives the first user input based on whether a bucket kick-out function is activated based on a kick-down button of a joystick associated with the construction machine is pressed and the joystick is operated to a first end.
Garramone, in the same field of endeavor, teaches of wherein the control unit receives the first user input based on whether a bucket kick-out function is activated based on a kick-down button of a joystick associated with the construction machine is pressed and the joystick is operated to a first end (“After emptying the bucket into the truck, the operator initiates an RTD operation by actuating the switch 144 and moving the joystick in the direction to open the valve 110. On determining that the switch 144 has been operated to initiate an RTD operation, the ECU 140 checks to determine if a hydraulic pressure measured by pressure sensor 146 is in excess of a predetermined and calibratable value is present on the control line to confirm that the operator, in addition to pressing the joystick button that actuates the switch 144 has also moved the joystick in the direction to return the bucket to the desired position.” (Para 0030), “Once the conditions are satisfied the ECU 140 sends an output signal over a line 150 to activate the valve 130. Even though the operator may now release the joystick, the valve 130 will continue to apply pilot pressure to the control port of the pilot-operated valve to continue retracting the tilting cylinder 32. When the bucket reaches the desired RTD position, the position sensor 148 applies a signal to the ECU 140 which now disables the signal on the line 150 to return the valve 130 to the illustrated position in which the attitude of the bucket is once again under joystick control.” (Para 0031), “In common with US2002/0073833, the operator can initiate an RTD position by simply operating an electrical switch which, for convenience can be mounted on the joystick. However, in the present invention, the operator is also required to move the joystick to supply pilot pressure to the pilot-operated valve at the same time as the electrical switch is operated.” (Para 0011), “Having discharged its load into the truck, the bucket has to be returned to the position for digging and lowered to rest on the ground under its own weight. These operations need to be performed at the same time as the operator is maneuvering the vehicle to a new position in readiness for next loading cycle. The process can be simplified significantly by enabling the implement to return to a preselected dig position (referred to herein as a “return to dig” (RTD) functionality), and enabling the lifting arm to return to a free floating state (referred to herein as a “return to float” (RTF) functionality) without requiring intervention from the operator. It is clear from the previous that these functionalities also apply to forklifts.” (Para 0004)).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify input of the machine with a high dump bucket, as taught by Lane in view of Oasa, to include receiving a kick-out function input when a joystick button is pressed and a joystick is operated to an end, as taught by Garramone, with a reasonable expectation of success in order to allow the implement to return to a preset position without requiring further intervention from the operator while avoiding accidental initiation of the movement (Garramone Para 0004, 0040).
In regards to claim 3, Lane in view of Oasa in view of Garramone teaches of the high dump bucket-based construction machine of claim 1, wherein when a rotation angle of the boom is equal to or greater than a predetermined standard, in a case where the control unit receives a second user input for setting an angle of the high dump bucket, the control unit sets an angle corresponding to the second user input to the predetermined first angle (“The boom lever 157 is operated to set a speed of a raising operation or a lowering operation of the boom 121. The lowering operation is performed when the boom lever 157 is tilted forward and the raising operation is performed when the boom lever 157 is tilted rearward. Hereinafter, the raising operation and the lowering operation of the boom 121 will be referred to as a lift operation. In addition, when the boom lever 157 is tilted forward by a certain angle or larger, a start command of automatic drive control (automatic lowering control) for automatically driving the boom 121 to a predetermined lowering position is output to the control device 300. When the boom lever 157 is tilted rearward by a certain angle or larger, a start command of automatic drive control (automatic raising control) for automatically driving the boom 121 to a predetermined raising position is output to the control device 300. For example, the lowering position may be a position when the lift cylinder 124 contracts to the maximum, or a position corresponding to a ground contact height of the work vehicle 100. For example, the raising position may be a position when the lift cylinder 124 expands to the maximum. In addition, the lowering position and the raising position may be optionally set by an operator. The raising position and the lowering position are not limited to the above-described examples. However, in either case, the raising position is set above the lowering position in a vehicle body coordinate system.” (Oasa Para 0034), see also Oasa Para 0035-0036 and 0081).
The motivation of combining Lane, Oasa, and Garramone is the same as that recited for claim 1 above.
In regards to claim 4, Lane in view of Oasa in view of Garramone teaches of the high dump bucket-based construction machine of claim 1, wherein the predetermined first angle is tilted further by a predetermined angle toward a front side in a full crowd state of the high dump bucket (“The boom lever 157 is operated to set a speed of a raising operation or a lowering operation of the boom 121. The lowering operation is performed when the boom lever 157 is tilted forward and the raising operation is performed when the boom lever 157 is tilted rearward. Hereinafter, the raising operation and the lowering operation of the boom 121 will be referred to as a lift operation. In addition, when the boom lever 157 is tilted forward by a certain angle or larger, a start command of automatic drive control (automatic lowering control) for automatically driving the boom 121 to a predetermined lowering position is output to the control device 300. When the boom lever 157 is tilted rearward by a certain angle or larger, a start command of automatic drive control (automatic raising control) for automatically driving the boom 121 to a predetermined raising position is output to the control device 300. For example, the lowering position may be a position when the lift cylinder 124 contracts to the maximum, or a position corresponding to a ground contact height of the work vehicle 100. For example, the raising position may be a position when the lift cylinder 124 expands to the maximum. In addition, the lowering position and the raising position may be optionally set by an operator. The raising position and the lowering position are not limited to the above-described examples. However, in either case, the raising position is set above the lowering position in a vehicle body coordinate system.” (Oasa Para 0034), see also Oasa Para 0035-0036 and 0081).
The motivation of combining Lane, Oasa, and Garramone is the same as that recited for claim 1 above.
In regards to claim 6, Lane in view of Oasa in view of Garramone teaches of the high dump bucket-based construction machine of claim 1, further comprising a boom angle sensor configured to detect a rotation angle of the boom (“A base end portion of the boom 121 is attached to a front portion of the front vehicle body 111 via a pin. A boom angle sensor 1211 for detecting a boom angle θ.sub.B is provided in the base end portion of the boom 121. The boom angle θ.sub.B is represented by an angle formed between a straight line extending forward from the vehicle body 110 and a straight line extending from the base end portion to a tip end portion of the boom 121. As the boom angle θ.sub.B increases, the position of the tip end of the boom 121 becomes higher. As the boom angle θ.sub.B decreases, the position of the tip end of the boom 121 becomes lower. In another embodiment, a lift cylinder stroke sensor for measuring a stroke amount of the lift cylinder 124 may be provided, and the boom angle θ.sub.B may be detected based on the stroke amount of the lift cylinder 124.” (Oasa Para 0022)),
wherein when the control unit receives a third user input to perform a high dump operation, the control unit changes the rotation angle of the boom to a predetermined second angle through the first rotating shaft based on boom angle data obtained from the boom angle sensor, and changes the rotation angle of the high dump bucket to a predetermined first angle through the second rotating shaft based on the bucket angle data (“When the command input unit 312 receives an input of the start command of the automatic drive control, the control device 300 performs the automatic drive control described below. First, the drive control unit 317 determines whether or not the input start command is a start command relating to the automatic dump control (Step S31).” (Oasa Para 0078), “The measurement value acquisition unit 313 acquires the measurement values from the boom angle sensor 1211 and the bucket angle sensor 1231 (Step S34). The drive control unit 317 determines whether or not an angle of a control object (the boom 121 or the bucket 122) reaches a predetermined angle (rising angle, lowering angle, tilt angle, or dump angle) (Step S35). When the angle of the control object does not reach the predetermined angle (Step S35: NO), the command input unit 312 determines whether or not an input of the stop command is received (Step S36). When the stop command is not input (Step S36: NO), the operation amount acquisition unit 311 determines whether or not the operation amount of the operation lever (the boom lever 157 or the bucket lever 158) relating to the automatic drive control, which has returned to a predetermined play range immediately after the start command is input, exceeds the predetermined play range again (Step S37). When the operation amount of the operation lever does not exceed the play range (Step S37: NO), the process returns to Step S33, and the output of the drive command is continued. In another embodiment, when the operation lever is fixed after the start command of the automatic drive is input, in Step S37, the operation amount acquisition unit 311 may determine whether or not the operation amount of the operation lever falls within a range in which the operation lever is unfixed.” (Oasa Para 0081), see also Oasa Para 0036 and 0063-0064).
The motivation of combining Lane, Oasa, and Garramone is the same as that recited for claim 1 above.
In regards to claim 7, Lane in view of Oasa in view of Garramone teaches of the high dump bucket-based construction machine of claim 6, wherein the control unit receives the third user input based on whether the joystick is operated to the second end in a state in which the kick-down button of the joystick associated with the construction machine is pressed (“After emptying the bucket into the truck, the operator initiates an RTD operation by actuating the switch 144 and moving the joystick in the direction to open the valve 110. On determining that the switch 144 has been operated to initiate an RTD operation, the ECU 140 checks to determine if a hydraulic pressure measured by pressure sensor 146 is in excess of a predetermined and calibratable value is present on the control line to confirm that the operator, in addition to pressing the joystick button that actuates the switch 144 has also moved the joystick in the direction to return the bucket to the desired position.” (Garramone Para 0030), “It is of course possible for a working machine to have both an RTF and an RTD functionality. In this case the same mode switch may be used to enable both functionalities and the same joystick mounted switch can be used to trigger both functionalities as both functionalities also require a movement of the joystick and from the direction of movement of the joystick the ECU can determine whether to initiate an RTD operation, an RTF operation or both.” (Garramone Para 0038), “In common with US2002/0073833, the operator can initiate an RTD position by simply operating an electrical switch which, for convenience can be mounted on the joystick. However, in the present invention, the operator is also required to move the joystick to supply pilot pressure to the pilot-operated valve at the same time as the electrical switch is operated.” (Garramone Para 0011), “Having discharged its load into the truck, the bucket has to be returned to the position for digging and lowered to rest on the ground under its own weight. These operations need to be performed at the same time as the operator is maneuvering the vehicle to a new position in readiness for next loading cycle. The process can be simplified significantly by enabling the implement to return to a preselected dig position (referred to herein as a “return to dig” (RTD) functionality), and enabling the lifting arm to return to a free floating state (referred to herein as a “return to float” (RTF) functionality) without requiring intervention from the operator. It is clear from the previous that these functionalities also apply to forklifts.” (Garramone Para 0004)).
The motivation of combining Lane, Oasa, and Garramone is the same as that recited for claim 1 above.
In regards to claim 8, Lane in view of Oasa further in view of Park teaches of the high dump bucket-based construction machine of claim 7, wherein when the joystick is operated while at least one of the rotation angle of the boom and the rotation angle of the high dump bucket is changed, the control unit stops changing the angle (“The measurement value acquisition unit 313 acquires the measurement values from the boom angle sensor 1211 and the bucket angle sensor 1231 (Step S34). The drive control unit 317 determines whether or not an angle of a control object (the boom 121 or the bucket 122) reaches a predetermined angle (rising angle, lowering angle, tilt angle, or dump angle) (Step S35). When the angle of the control object does not reach the predetermined angle (Step S35: NO), the command input unit 312 determines whether or not an input of the stop command is received (Step S36). When the stop command is not input (Step S36: NO), the operation amount acquisition unit 311 determines whether or not the operation amount of the operation lever (the boom lever 157 or the bucket lever 158) relating to the automatic drive control, which has returned to a predetermined play range immediately after the start command is input, exceeds the predetermined play range again (Step S37). When the operation amount of the operation lever does not exceed the play range (Step S37: NO), the process returns to Step S33, and the output of the drive command is continued. In another embodiment, when the operation lever is fixed after the start command of the automatic drive is input, in Step S37, the operation amount acquisition unit 311 may determine whether or not the operation amount of the operation lever falls within a range in which the operation lever is unfixed.” (Oasa Para 0081), “On the other hand, when the angle of the control object reaches the predetermined angle (Step S35: YES), when the stop command is input (Step S36: YES), and when the operation amount of the operation lever relating to the automatic drive control exceeds the play range (Step S37: YES), the drive control unit 317 stops the output of the drive command to the control valve 261 (Step S38), and ends the process.” (Oasa Para 0082)).
The motivation of combining Lane, Oasa, and Garramone is the same as that recited for claim 1 above.
In regards to claim 9, Lane in view of Oasa in view of Garramone teaches of the high dump bucket-based construction machine of claim 1, wherein when the control unit receives a fourth user input for performing a high dump operation, the control unit dumping-drives the high dump bucket through the third rotating shaft (“The bucket 40 is coupled to the cradle assembly 38 by the hinge pins 87 (a portion of one being shown in FIG. 8) which extend through aligned apertures 150 located in the side plates 130 in each actuator housing 124, and the sleeve 86 mounted between the cradle plates 58a, 58b. A teardrop-shaped mounting plate 152 is welded to one end of the hinge pin 87. When the pin 87 is in its operative position, the plate 152 abuts and is bolted to one of the side plates 130 by a threaded fastener 153. The plate 152 prevents relative rotation and axial movement between the pin 87 and the bucket 40. Consequently, the hinge pins 87 and hence the bucket 40 are rotatably supported by the bushings 88 press-fitted into the sleeves 86 (see FIG. 4).” Lane Column 7 lines 14-27), see also Lane Column 6 lines 1-10 and Fig 6), “The measurement value acquisition unit 313 acquires the measurement values from the boom angle sensor 1211 and the bucket angle sensor 1231 (Step S34). The drive control unit 317 determines whether or not an angle of a control object (the boom 121 or the bucket 122) reaches a predetermined angle (rising angle, lowering angle, tilt angle, or dump angle) (Step S35). When the angle of the control object does not reach the predetermined angle (Step S35: NO), the command input unit 312 determines whether or not an input of the stop command is received (Step S36). When the stop command is not input (Step S36: NO), the operation amount acquisition unit 311 determines whether or not the operation amount of the operation lever (the boom lever 157 or the bucket lever 158) relating to the automatic drive control, which has returned to a predetermined play range immediately after the start command is input, exceeds the predetermined play range again (Step S37). When the operation amount of the operation lever does not exceed the play range (Step S37: NO), the process returns to Step S33, and the output of the drive command is continued. In another embodiment, when the operation lever is fixed after the start command of the automatic drive is input, in Step S37, the operation amount acquisition unit 311 may determine whether or not the operation amount of the operation lever falls within a range in which the operation lever is unfixed.” (Oasa Para 0081), see also Oasa Para 0036).
The motivation of combining Lane, Oasa, and Garramone is the same as that recited for claim 1 above.
In regards to claim 10, Lane in view of Oasa further in view of Garramone teaches of the high dump bucket-based construction machine of claim 9, wherein the control unit receives the fourth user input based on whether a kick-down button of the joystick is pressed (“After emptying the bucket into the truck, the operator initiates an RTD operation by actuating the switch 144 and moving the joystick in the direction to open the valve 110. On determining that the switch 144 has been operated to initiate an RTD operation, the ECU 140 checks to determine if a hydraulic pressure measured by pressure sensor 146 is in excess of a predetermined and calibratable value is present on the control line to confirm that the operator, in addition to pressing the joystick button that actuates the switch 144 has also moved the joystick in the direction to return the bucket to the desired position.” (Garramone Para 0030), “It is of course possible for a working machine to have both an RTF and an RTD functionality. In this case the same mode switch may be used to enable both functionalities and the same joystick mounted switch can be used to trigger both functionalities as both functionalities also require a movement of the joystick and from the direction of movement of the joystick the ECU can determine whether to initiate an RTD operation, an RTF operation or both.” (Garramone Para 0038), “In common with US2002/0073833, the operator can initiate an RTD position by simply operating an electrical switch which, for convenience can be mounted on the joystick. However, in the present invention, the operator is also required to move the joystick to supply pilot pressure to the pilot-operated valve at the same time as the electrical switch is operated.” (Garramone Para 0011), “Having discharged its load into the truck, the bucket has to be returned to the position for digging and lowered to rest on the ground under its own weight. These operations need to be performed at the same time as the operator is maneuvering the vehicle to a new position in readiness for next loading cycle. The process can be simplified significantly by enabling the implement to return to a preselected dig position (referred to herein as a “return to dig” (RTD) functionality), and enabling the lifting arm to return to a free floating state (referred to herein as a “return to float” (RTF) functionality) without requiring intervention from the operator. It is clear from the previous that these functionalities also apply to forklifts.” (Garramone Para 0004), “A second input signal is applied to the ECU by a triggering switch 144, preferably activated by pressing a button mounted on the joystick. This switch, assuming all other conditions of the ECU 140 are satisfied, is activated to initiate an RTD operation.” (Garramone Para 0028)).
The motivation of combining Lane, Oasa, and Garramone is the same as that recited for claim 1 above.
In regards to claim 11, the claim recites analogous limitations to the combination of claims 1 and 6, and is therefore rejected on the same premise.
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 Kyle J Kingsland whose telephone number is (571)272-3268. The examiner can normally be reached Monday-Friday from 8:00-4:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Abby Flynn can be reached at (571) 272-9855. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KYLE J KINGSLAND/ Primary Examiner, Art Unit 3663
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