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 filed 6/4/2026 have been fully considered but they are not persuasive.
Applicant’s arguments with respect to claim(s) 1, 2, and 4-13 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.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 4 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
The limitation “…the shuttle changeover switch is disposed beneath and adjacent to the function switch” in lines 4-5 of claim 4 is not found or described anywhere in the originally filed specification and presented in the drawings and t is not clear how the switch is disposed both beneath and adjacent to another switch at the same time. The drawings and the originally filed specification does not appear to show or describe this claimed feature. The Applicant is requested to clearly and specifically point out where in the drawings and originally filed specification disclose the feature.
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 4 and 5 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.
The limitation “…the shuttle changeover switch is disposed beneath and adjacent to the function switch” in lines 4-5 of claim 4 render the claim indefinite because it is not clear how the switch is disposed both beneath and adjacent to another switch at the same time. The drawings and the originally filed specification does not appear to show or describe this claimed feature. The Examiner interprets the switches are approximately adjacent to one another on the grip control, which Yamauchi discloses discuss below.
Claim 5 depends on claim 4 requiring all the limitation and therefore is also indefinite.
Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1, 2 and 4-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yamauchi et al. (US 2016/0009174 A1), Prokopowicz (US 2022/0010525 A1) and Fujiki et al. (5,992,260).
For claim 1, Yamauchi discloses an operation device provided in an operator's seat area of a working vehicle, to operate a front loader attached to a vehicle body of the working vehicle (Fig. 2, para. 0048, where common front loader maybe mounted and operated),
the operation device comprising: a lever shaft extending to the operator's seat area; a grip portion provided at a distal end portion of the lever shaft; and a plurality of operation switches provided at the grip portion, to cause the working vehicle to execute various actions (Fig. 3-8),
wherein the operation switches include a shuttle changeover switch to switch between forward travel and backward travel of the working vehicle (Fig. 3-8, para. 0013, 0039, 0040, where the operation switch is a travel direction changeover switch), and
a shuttle restraint switch to restrain the switching with the shuttle changeover switch and cancel the restraint (Para. 0013, where a switch is provide to permit or inhibit the function of the shuttle switch).
Yamauchi does not specifically disclose the lever shaft configured to be swung forward/backward to move the front loader upward/downward; the grip portion is provided with a plurality of recesses on a surface defining an outline of the grip portion, and each of the shuttle changeover switch and the shuttle restraint switch is provided in respective one of the plurality of recesses such that top surfaces of the shuttle changeover switch and the shuttle restraint switch do not protrude beyond the surface of the grip portion. Prokopowicz discloses a grip control lever where the lever shaft configured to be swung forward/backward to move the front loader upward/downward (Fig. 14, 15, para. 0063, 0064, where the grip control is swung forward/backward to move the front loader up or down). Fujiki in the same field of the art discloses the grip portion is provided with a recess on a surface defining an outline of the grip portion, such that the switch do not protrude beyond the surface of the grip portion (Fig. 4, col. 2, ln 1-5, col. 3, ln 49-55, where a switch is provided to not project from the grip surface of the grip and such feature can obviously be applied for other switches or buttons for the same purpose). It would have been obvious for one of ordinary skill in the art before the effective filing date of the present claimed invention to modify the invention of Yamauchi to configure the lever shaft to be swung forward/backward to move the front loader upward/downward, as taught by Prokopowicz to operate the work machine using known grip operation methods and configure the grip portion to provide with a plurality of recesses on a surface defining an outline of the grip portion, and each of the shuttle changeover switch and the shuttle restraint switch is provided in respective one of the plurality of recesses such that top surfaces of the shuttle changeover switch and the shuttle restraint switch do not protrude beyond the surface of the grip portion, as the concept taught by Fujiki to prevent accidental or error in operating unintended actuation of functions.
For claim 2, Yamauchi, as modified, discloses the operation device according to claim 1, wherein the shuttle changeover switch is provided at a position to be operable with a thumb of a hand gripping the grip portion, and the shuttle restraint switch is provided at a position to be operable with a finger other than the thumb of the hand gripping the grip portion (Para. 0013, the shuttle permission switch is arranged on the opposite later surface of the grip body).
For claim 4, Yamauchi, as modified, discloses the operation device according to claim 1, wherein the operation switch includes a function switch for operating a function of a working tool of the front loader, and the shuttle changeover switch is disposed adjacent and approximate to the function switch on the grip controller (Fig. 4-8).
For claim 5, Yamauchi, as modified, discloses the operation device according to claim 4, wherein the function switch is a switch assigned for operating a function of a bucket and/or another working tool attached to the front loader (Para. 0025, 0028, 0039, 0043, where the switch is capable of operating work apparatus and not only front loader, the tool is a multifunction operation tool).
For claim 6, Yamauchi, as modified, discloses the operation device according to claim 1, wherein the grip portion has a proximal end portion having a substantially vertically long columnar shape and extending upward from the distal end portion of the lever shaft, and a laterally extending portion having a substantially laterally long columnar shape and extending from an upper end of the proximal end portion toward a seat of the operator's seat area, and the shuttle changeover switch and the shuttle restraint switch are provided at an outer peripheral surface portion of the laterally extending portion (Fig. 3, element 9e at the proximal end portion resemble the described features).
For claim 7, Yamauchi, as modified, discloses the operation device according to claim 6, wherein a distal end surface portion of the laterally extending portion near the seat is inclined from a front edge that corresponds to a tip of a hand gripping the laterally extending portion toward a rear edge opposite to the front edge so as to face the seat, and at least one of the operation switches other than the shuttle changeover switch and the shuttle restraint switch is provided at the distal end surface portion (Fig. 1, 3-8, where the arranged and design of the grip control with multifunction switches correspond to the arrangement and design of the present claimed invention).
For claim 8, Yamauchi, as modified, discloses the operation device according to claim 6, wherein the laterally extending portion is inclined upward as extending from an end near a distal end of the lever shaft toward the seat (Fig. 3, at least element 9e at the proximal end portion resemble the described features).
For claim 9, Yamauchi, as modified, discloses the operation device according to claim 6, wherein a raised portion to allow a thumb of a hand gripping the laterally extending portion to be hooked and held thereon is provided at a position near a distal end with respect to an intermediate position in an extension direction of the laterally extending portion on the outer peripheral surface portion (Fig. 4, 5, 9e).
For claim 10, Yamauchi, as modified, discloses the operation device according to claim 6, wherein the operation switches include a speed-change switch to switch a speed stage of the working vehicle, and the speed-change switch is provided at a distal end surface portion of the laterally extending portion near the seat (Para. 0011, 0028, 0039).
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yamauchi et al. (US 2016/0009174 A1), Prokopowicz (US 2022/0010525 A1) and Fujiki et al. (5,992,260) as applied to claim 6 above, and further in view of Kandula et al. (US 2022/0026899 A1) and Murase et al. (US 2020/0317115 A1).
For claim 11, Yamauchi discloses the operation device according to claim 6, but does not specifically disclose the operation switches include a loader light switch to switch between turn-on and turn-off of an illumination light provided on the front loader, and the loader light switch is provided at a distal end surface portion of the laterally extending portion near the seat. Kandula in the same field of the art discloses the operation switches include a loader light switch to switch between turn-on and turn-off of an illumination light provided on the front loader (Para. 0022, 0023, where it is known to provide loader light switch to switch on and off or front loader work lights). Murase discloses the known light switch is provided at a distal end surface portion of the laterally extending portion near the seat of a vehicle (Fig. 3, para. 0028, 0035, 0036, where it is known to have light switch on operator manipulable interface near the seat at distal surface to operate the switch). It would have been obvious for one of ordinary skill in the art before the effective filing date of the present claimed invention to modify the invention of Yamauchi to provide the operation switches include a loader light switch to switch between turn-on and turn-off of an illumination light provided on the front loader, and the loader light switch is provided at a distal end surface portion of the laterally extending portion near the seat, as taught by Kandula and Murase to increase the convenience for the operator to manipulate desired vehicle functions.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yamauchi et al. (US 2016/0009174 A1), Kosaki et al. (US 2020/0183441 A1), Prokopowicz (US 2022/0010525 A1) and Fujiki et al. (5,992,260).
For claim 12, Yamauchi discloses a working vehicle comprising: a vehicle body to be able to travel (Fig. 2);
a front loader attached to the vehicle body (Para. 0048, where common front loader maybe mounted and operated);
a first operation device including a first lever shaft configured to switch a speed at least one first operation switch to operate the vehicle body, and a first grip portion provided at a distal end portion of the first lever shaft (Fig. 3-8); and
a second operation device including at least one operation switch to operate the front loader, and a second grip portion provided at a distal end portion of the second lever shaft (Para. 0025, where controls for operating the front loader are present),
wherein the at least one operation switch of the first operation device includes a first shuttle changeover switch to switch between forward travel and backward travel of the working vehicle (Fig. 3-8, para. 0013, 0039, 0040, where the operation switch is a travel direction changeover switch), and
a first shuttle restraint switch to restrain the switching with the first shuttle changeover switch and cancel the restraint (Para. 0013, where a switch is provide to permit or inhibit the function of the shuttle switch).
Yamauchi does not specifically disclose at least one operation switch of the second operation device includes a second shuttle changeover switch to switch between the forward travel and the backward travel of the working vehicle, and a second shuttle restraint switch to restrain the switching with the second shuttle changeover switch and cancel the restraint. However, it would have been obvious for one of ordinary skill in the art to duplicate and/or rearrange the parts, the first shuttle changeover and restraint switch, with a second shuttle changeover and shuttle restraint switch on the second operation device, the other grip controls achieving duplicate functions producing expected result (See MPEP 2144.04 VI).
Yamauchi further does not specifically disclose the first lever shaft to be swung forward/backward to switch the speed stage of the vehicle and the second lever shaft configured to be swung forward/backward to move the front loader upward/downward; the grip portion is provided with a plurality of recesses on a surface defining an outline of the grip portion, and each of the shuttle changeover switch and the shuttle restraint switch is provided in respective one of the plurality of recesses such that top surfaces of the shuttle changeover switch and the shuttle restraint switch do not protrude beyond the surface of the grip portion. Kosaki in the same field of the art discloses the first lever shaft to be swung forward/backward to switch the speed stage of the vehicle (Fig. 4, 11, para. 0416-0417, where the grip lever shaft is swung forward/backward to change speed of the vehicle). Prokopowicz discloses a grip control lever where the second lever shaft configured to be swung forward/backward to move the front loader upward/downward (Fig. 14, 15, para. 0063, 0064, where the grip control is swung forward/backward to move the front loader up or down). Fujiki in the same field of the art discloses the grip portion is provided with a recess on a surface defining an outline of the grip portion, such that the switch do not protrude beyond the surface of the grip portion (Fig. 4, col. 2, ln 1-5, col. 3, ln 49-55, where a switch is provided to not project from the grip surface of the grip and such feature can obviously be applied for other switches or buttons for the same purpose). It would have been obvious for one of ordinary skill in the art before the effective filing date of the present claimed invention to modify the invention of Yamauchi to configure the first lever shaft to be swung forward/backward to switch the speed stage of the vehicle, as taught by Kosaki, the second lever shaft to be swung forward/backward to move the front loader upward/downward, as taught by Prokopowicz to operate the work machine using known grip operation methods and configure the grip portion to provide with a plurality of recesses on a surface defining an outline of the grip portion, and each of the shuttle changeover switch and the shuttle restraint switch is provided in respective one of the plurality of recesses such that top surfaces of the shuttle changeover switch and the shuttle restraint switch do not protrude beyond the surface of the grip portion, as the concept taught by Fujiki to prevent accidental or error in operating unintended actuation of functions.
For claim 13, Yamauchi, as modified, discloses the working vehicle according to claim 12, wherein the first operation device and the second operation device are disposed on one lateral side of a seat provided on the vehicle body and at positions to be operable by an operator seated on the seat with a hand on the one lateral side gripping the first grip portion and the second grip portion (Fig. 3-8, where the switches at positioned to be operable by the operator on the gripping portion),
the first shuttle changeover switch and the second shuttle changeover switch each are provided at a position to be operable with a thumb of the hand gripping the first grip portion and the second grip portion (Fig. 3-8), and the first shuttle restraint switch and the second shuttle restraint switch each are provided at a position to be operable with a finger other than the thumb of the hand gripping the first grip portion and the second grip portion (Para. 0013, the shuttle permission switch is arranged on the opposite later surface of the grip body).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
(6,450,284) Sakyo et al. discloses a work machine operator controllers having grip handles and multifunctional switches for various control functions.
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 Sze-Hon Kong whose telephone number is (571)270-1503. The examiner can normally be reached 9 AM-5 PM Mon-Fri.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Abby Lin can be reached at (571) 270-3976. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SZE-HON KONG/Primary Examiner, Art Unit 3657
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