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 § 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)(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.
Claim(s) 1-4, 7-9, 11-13 and 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Berezowski et al. (US 2023/0227300 A1).
Regarding Claim 1, Berezowski et al. discloses a self-propelled working machine (Figures 1, 2, and 3 telehandler 10 is a working machine) provided with an organ for moving a load (Page 2 Column 2 Paragraph 41 Lines 1-3 “Telescoping control system 140 is for selectively extending or retracting first telescoping arm 54 of boom assembly 50” Figures 1, 2, and 3 show the boom assembly 50 which is an organ) comprising at least one activation actuator (Figures 1, 2, and 3 show the boom lift cylinder 134, boom extending cylinder 146, pivot arm cylinder 154, and the fork mount cylinder 162), wherein a force exerted by said actuator is constrained by a predetermined maximum threshold (Feedback generator limits the actuation of cylinders limiting their force exerted Page 3 Column 2 Paragraph 60 Lines 1-5 “feedback generator 310 is integrated with machine controls 104 and control system 120 to prevent travel of telehandler 10, to limit or stop travel speed of telehandler 10, or to allow boom 52 to only move in a direction that will reduce load moment 302”, Page 1 Column 2 Paragraph 15 Lines 10-17 “the system is arranged to provide outputs that could prevent the operator changing the load handling geometry in direction(s) which would increase the moment load beyond the pre-determined allowable limit(s). Integration with machine controls and control systems may prevent machine travel, limit, or stop travel speed, or allow boom to only move in a direction that will reduce moment load”).
Regarding Claim 2, Berezowski et al. discloses the limitations of claim 1 in addition to disclosing the organ includes a manoeuvring boom (Figures 1, 2, and 3 show the boom assembly 50) and said actuator is designed for moving the boom (Page 2 Column 2 Lines 4-9 “Telescoping control system 140 is also for selectively extending or retracting second telescoping arm 56 of boom assembly 50 for establishing boom length 142 and for determining load radius 114. Telescoping control system 140 includes boom extending cylinder 146 having a rod end 148 and a bore end 149”).
Regarding Claim 3, Berezowski et al. discloses the limitations of claim 2 in addition to disclosing the manoeuvring boom is extendible and retractable and said actuator is suitable for actuating the extension and retraction of the boom (Page 2 Column 2 Paragraph 41 Lines 1-9 “Telescoping control system 140 is for selectively extending or retracting first telescoping arm 54 of boom assembly 50 for establishing length 142 and for determining a load radius 114. Telescoping control system 140 is also for selectively extending or retracting second telescoping arm 56 of boom assembly 50 for establishing boom length 142 and for determining load radius 114. Telescoping control system 140 includes boom extending cylinder 146 having a rod end 148 and a bore end 149”).
Regarding Claim 4, Berezowski et al. discloses the limitations of claim 3 in addition to disclosing the actuator is a hydraulic cylinder (Page 2 Column 1 Paragraph 21 Lines 1-7 “Sensors may be located to measure hydraulic pressure in the bore end of the boom lift cylinder or cylinders, hydraulic pressure sensors in the rod end of the boom lift cylinder or cylinders, hydraulic pressure sensors in the bore end of the fork leveling master cylinder or cylinders, hydraulic pressure sensors in the rod end of the fork leveling master cylinder or cylinders), the thrust force of which is constrained by a predetermined maximum pressure threshold, so as to define a maximum longitudinal operating extension allowed for the boom, as a function of the load (Feedback generator limits the actuation of cylinders, limiting their force exerted, limiting pressure in the cylinders Page 3 Column 2 Paragraph 59 Lines 1-6 “feedback generator 310 provides outputs that prevent operator 102 from changing load handling geometry 122 into configurations that would increase load moment 302 beyond longitudinal predetermined allowable limit 320 and/or beyond a lateral predetermined allowable limit 322”).
Regarding Claim 7, Berezowski et al. discloses the limitations of claim 1 in addition to disclosing a safety system designed to prevent a risk of instability (Page 3 Column 1 Paragraph 57 Lines 1-11 “Computer 300 (FIG. 9) is provided for processing position data 192 from position sensors 190 and for processing pressure data 252 from pressure sensors 250. Computer 300 determines load moment 302 (FIG. 6) by applying geometric principles known in the art. Computer 300 additionally calculates a weight of load 110 being lifted by utilizing pressure data 252 and position data 192. Feedback generator 310 is controlled by computer 300. Feedback generator 310 includes at least one of a display system 312, a visual alarm 314, an audible alarm 316, or a tactile feedback mechanism 318” Figure 9 shows the safety system), comprising a sensor configured to detect, a position and weight of the load (Figure 9 shows the boom lift pressure sensor 260, pivot arm pressure sensor 270, boom length sensor 210, boom angle sensor 200, pivot arm angle sensor 220, and chassis angle sensor 230) and comprising a processing unit connected to said sensor (Page 3 Column 1 Paragraph 57 Lines 1-7 “Computer 300 (FIG. 9) is provided for processing position data 192 from position sensors 190 and for processing pressure data 252 from pressure sensors 250. Computer 300 determines load moment 302 (FIG. 6) by applying geometric principles known in the art. Computer 300 additionally calculates a weight of load 110 being lifted by utilizing pressure data 252 and position data 192”) and in turn comprising: a checking module configured for comparing the weight of the load with a predetermined reference value (Computer controls the feedback generator and compares the load with predetermined reference values to determine when to limit cylinders, Page 3 Column 2 Paragraph 59 Lines 1-6 “feedback generator 310 provides outputs that prevent operator 102 from changing load handling geometry 122 into configurations that would increase load moment 302 beyond longitudinal predetermined allowable limit 320 and/or beyond a lateral predetermined allowable limit 322”, Page 3 Column 1 Paragraph 57 Lines 7-8 “Feedback generator 310 is controlled by computer 300”), selected on the basis of a liner position of the load relative to a predetermined reference position; and a limiting module configured for producing at least one limiting signal suitable for limiting the movement of the above-mentioned movement organ, following the comparison by the checking module (Page 3 Column 2 Paragraph 59 Lines 1-6 “feedback generator 310 provides outputs that prevent operator 102 from changing load handling geometry 122 into configurations that would increase load moment 302 beyond longitudinal predetermined allowable limit 320 and/or beyond a lateral predetermined allowable limit 322”, the limits of the load moment would correlate to a predetermined reference position).
Regarding Claim 8, Berezowski et al. discloses the limitations of claim 7 and additionally discloses the at least one activation actuator includes a first actuator and a second actuator (Figures 1, 2, and 3: the pivot arm cylinder 154 is the first actuator and the second actuator is the fork mount cylinder 162) and the movement organ includes a manoeuvring boom (Figures 1, 2, and 3 show the boom assembly 50) which can be raised and lowered under the actuation of a first actuator and which can be extended and retracted under the actuation of a second actuator (Figures 1, 2 , and 3 show pivot arm cylinder 154 to raise and lower the boom, and the fork mount cylinder 162 that can extend and retract the boom), the operation of the first and the second actuator being subject to said limiting signal (Page 3 Column 2 Paragraph 59 Lines 1-6 “feedback generator 310 provides outputs that prevent operator 102 from changing load handling geometry 122 into configurations that would increase load moment 302 beyond longitudinal predetermined allowable limit 320 and/or beyond a lateral predetermined allowable limit 322”).
Regarding Claim 9 as best understood, Berezowski et al. discloses the limitations of claim 8 and additionally discloses multiple actuators that move the boom (Figures 1, 2, and 3 show pivot arm cylinder 154 to raise and lower the boom, and the fork mount cylinder 162 that can extend and retract the boom) within predetermined limits (Page 3 Column 2 Paragraph 60 Lines 1-5 “feedback generator 310 is integrated with machine controls 104 and control system 120 to prevent travel of telehandler 10, to limit or stop travel speed of telehandler 10, or to allow boom 52 to only move in a direction that will reduce load moment 302”) controlled by a system that calculates the longitudinal and lateral moments caused by the load and restricts them based on a predetermined limit (Page 2 Column 1 Paragraph 19 Lines 1-8 “It should be clearly understood that current load moment detection and indication systems are focused on longitudinal operations. In other words, to make certain that a load moment does not exceed a given value in the plane of the operating boom. The present system, among other benefits, allows measurement and determination of lateral moments, thus providing additional reduction in risk of overturns”).
Regarding Claim 11, Berezowski et al. discloses an operating method of a working machine (Figures 1, 2, and 3 telehandler 10 is a working machine) provided with an organ for moving a load (Page 2 Column 2 Paragraph 41 Lines 1-3 “Telescoping control system 140 is for selectively extending or retracting first telescoping arm 54 of boom assembly 50” Figures 1, 2, and 3 show the boom assembly 50 which is an organ), wherein a force exerted by the organ for moving the load is constrained by a predetermined maximum threshold (Feedback generator limits the actuation of cylinders limiting their force exerted Page 3 Column 2 Paragraph 60 Lines 1-5 “feedback generator 310 is integrated with machine controls 104 and control system 120 to prevent travel of telehandler 10, to limit or stop travel speed of telehandler 10, or to allow boom 52 to only move in a direction that will reduce load moment 302”, Page 1 Column 2 Paragraph 15 Lines 10-17 “the system is arranged to provide outputs that could prevent the operator changing the load handling geometry in direction(s) which would increase the moment load beyond the pre-determined allowable limit(s). Integration with machine controls and control systems may prevent machine travel, limit, or stop travel speed, or allow boom to only move in a direction that will reduce moment load”), the method comprising the following steps:
detecting a position and a weight of the load (Paragraph 57: the position sensors and pressure sensors generate data based on the load and send it to a computer);
comparing the weight of the load with the predetermined reference value, selected on the basis of a linear position of the load relative to a predetermined reference position (Page 3 Column 2 Paragraph 59 Lines 1-6 “feedback generator 310 provides outputs that prevent operator 102 from changing load handling geometry 122 into configurations that would increase load moment 302 beyond longitudinal predetermined allowable limit 320 and/or beyond a lateral predetermined allowable limit 322”, the limits of the load moment would correlate to a predetermined reference position); and
limiting or freely allowing movement of the above-mentioned organ based on the comparison performed (Paragraph 59: the operator is prevented from going beyond the movement limits).
Regarding Claim 12, Berezowski et al. discloses the limitations of claim 11 in addition to disclosing organ includes a manoeuvring boom which is extendible and retractable (Page 2 Column 2 Paragraph 41 Lines 1-9 “Telescoping control system 140 is for selectively extending or retracting first telescoping arm 54 of boom assembly 50 for establishing length 142 and for determining a load radius 114. Telescoping control system 140 is also for selectively extending or retracting second telescoping arm 56 of boom assembly 50 for establishing boom length 142 and for determining load radius 114. Telescoping control system 140 includes boom extending cylinder 146 having a rod end 148 and a bore end 149”), the extension force of which is limited by said predetermined maximum threshold (Feedback generator limits the actuation of cylinders limiting their force exerted Page 3 Column 2 Paragraph 60 Lines 1-5 “feedback generator 310 is integrated with machine controls 104 and control system 120 to prevent travel of telehandler 10, to limit or stop travel speed of telehandler 10, or to allow boom 52 to only move in a direction that will reduce load moment 302”, Page 1 Column 2 Paragraph 15 Lines 10-17 “the system is arranged to provide outputs that could prevent the operator changing the load handling geometry in direction(s) which would increase the moment load beyond the pre-determined allowable limit(s). Integration with machine controls and control systems may prevent machine travel, limit, or stop travel speed, or allow boom to only move in a direction that will reduce moment load”).
Regarding Claim 13, Berezowski et al. discloses the limitations of claim 13 in addition to disclosing a hydraulic cylinder is provided for extending and retracting the boom (Page 2 Column 1 Paragraph 21 Lines 1-7 “Sensors may be located to measure hydraulic pressure in the bore end of the boom lift cylinder or cylinders, hydraulic pressure sensors in the rod end of the boom lift cylinder or cylinders, hydraulic pressure sensors in the bore end of the fork leveling master cylinder or cylinders, hydraulic pressure sensors in the rod end of the fork leveling master cylinder or cylinders) and wherein a predetermined maximum threshold is set to the operating pressure of the cylinder, thereby defining a maximum longitudinal operating extension allowed for the boom, as a function of the load (Page 3 Column 2 Paragraph 59 Lines 1-6 “feedback generator 310 provides outputs that prevent operator 102 from changing load handling geometry 122 into configurations that would increase load moment 302 beyond longitudinal predetermined allowable limit 320 and/or beyond a lateral predetermined allowable limit 322”).
Regarding Claim 15 as best understood, Berezowski et al. discloses the limitations of claim 14 and additionally discloses multiple actuators that move the boom (Figures 1, 2, and 3 show pivot arm cylinder 154 to raise and lower the boom, and the fork mount cylinder 162 that can extend and retract the boom) within predetermined limits (Page 3 Column 2 Paragraph 60 Lines 1-5 “feedback generator 310 is integrated with machine controls 104 and control system 120 to prevent travel of telehandler 10, to limit or stop travel speed of telehandler 10, or to allow boom 52 to only move in a direction that will reduce load moment 302”) controlled by a system that calculates the longitudinal and lateral moments caused by the load and restricts them based on a predetermined limit (Page 2 Column 1 Paragraph 19 Lines 1-8 “It should be clearly understood that current load moment detection and indication systems are focused on longitudinal operations. In other words, to make certain that a load moment does not exceed a given value in the plane of the operating boom. The present system, among other benefits, allows measurement and determination of lateral moments, thus providing additional reduction in risk of overturns”).
Berezowski et al. also discloses a load chart that indicates safe reach and height limits based on load weight (Page 2 Column 1 Paragraph 20 Lines 1-4 “As shown in FIG. 7, load charts may be developed that indicate safe lifting weights for a telehandler, specifically (other load charts are developed for other machines, as is known in the art)”, Figure 7 load chart). The longitudinal moments that determine the safe reach limits disclosed by Berezowski et al. are independent of the angular position of the maneuvering boom, according to the applicant’s specification, because the “reference value varies with the variation of the linear distance of the load relative to a predetermined reference, for example a distance along a horizontal plane, or in any case a plane parallel to the ground” Applicant’s specification Page 10 Lines 29-31.
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(s) 5-6 and 11 s/are rejected under 35 U.S.C. 103 as being unpatentable over Berezowski et al. (US 2023/0227300 A1) in view of Lehmann (US 2025/0162849 A1).
Regarding Claim 5 and 6, Berezowski et al. discloses the limitations of claim 4 in addition to disclosing a hydraulic cylinder (Page 2 Column 1 Paragraph 21 Lines 1-7 “Sensors may be located to measure hydraulic pressure in the bore end of the boom lift cylinder or cylinders, hydraulic pressure sensors in the rod end of the boom lift cylinder or cylinders, hydraulic pressure sensors in the bore end of the fork leveling master cylinder or cylinders, hydraulic pressure sensors in the rod end of the fork leveling master cylinder or cylinders) that is limited by a maximum value (Feedback generator limits the actuation of cylinders, limiting their force exerted, limiting pressure in the cylinders Page 3 Column 2 Paragraph 59 Lines 1-6 “feedback generator 310 provides outputs that prevent operator 102 from changing load handling geometry 122 into configurations that would increase load moment 302 beyond longitudinal predetermined allowable limit 320 and/or beyond a lateral predetermined allowable limit 322”). Berezowski et al. does not disclose a hydraulic circuit configured for supplying the cylinder with a working fluid pressure.
Lehmann discloses a handling machine that uses a hydraulic circuit, configured for supplying the actuators with a working fluid the pressure, comprising of a hydraulic pressure source, a hydraulic distributor designed for supplying the cylinder with a working fluid, and a control solenoid valve (Page 4 Column 1 Paragraph 70 Lines 1-9 “When the machine is provided with a hydraulic circuit, the hydraulic circuit may comprise a hydraulic pressure source and a hydraulic distributor interposed between the hydraulic pressure source and a control solenoid valve for each actuator formed by a hydraulic ram. The control solenoid valve can be controlled by the processing unit 10 depending on how the operator operates the control device 16. In a variant, and as recalled above, it is possible to provide that he rams are electric rams”) for the purpose of moving the arm based on the operator’s inputs.
It would have been obvious to one of ordinary skill in the art before the effective filling date to modify the invention of Berezowski et al. with the hydraulic distributor disclosed by Lehmann by connecting the hydraulic distributor to the hydraulic cylinders to form a hydraulic circuit that limits the working fluid pressure in the cylinder for the purpose of moving the arm based on the operator’s inputs and to prevent the load from going beyond the pre-determined allowable limits.
Regarding Claim 10, modified Berezowski et al. discloses the limitations of claim 9 in addition to disclosing the first and the second actuators are of the hydraulic type (Figures 1,2 , and 3 show pivot arm cylinder 154 to raise and lower the boom, and the fork mount cylinder 162 that can extend and retract the boom, and cylinders are hydraulic Page 2 Column 1 Paragraph 21 Lines 1-7 “Sensors may be located to measure hydraulic pressure in the bore end of the boom lift cylinder or cylinders, hydraulic pressure sensors in the rod end of the boom lift cylinder or cylinders, hydraulic pressure sensors in the bore end of the fork leveling master cylinder or cylinders, hydraulic pressure sensors in the rod end of the fork leveling master cylinder or cylinders), and are limited by a maximum value (Feedback generator limits the actuation of cylinders, limiting their force exerted, limiting pressure in the cylinders Page 3 Column 2 Paragraph 59 Lines 1-6 “feedback generator 310 provides outputs that prevent operator 102 from changing load handling geometry 122 into configurations that would increase load moment 302 beyond longitudinal predetermined allowable limit 320 and/or beyond a lateral predetermined allowable limit 322”). Berezowski does not disclose a hydraulic circuit that includes a hydraulic distributor designed for supplying the cylinder with a working fluid.
Lehmann discloses a handling machine that uses a hydraulic circuit, configured for supplying the actuators with a working fluid the pressure, comprising of a hydraulic pressure source, a hydraulic distributor, and a control solenoid valve (Page 4 Column 1 Paragraph 70 Lines 1-9 “When the machine is provided with a hydraulic circuit, the hydraulic circuit may comprise a hydraulic pressure source and a hydraulic distributor interposed between the hydraulic pressure source and a control solenoid valve for each actuator formed by a hydraulic ram. The control solenoid valve can be controlled by the processing unit 10 depending on how the operator operates the control device 16. In a variant, and as recalled above, it is possible to provide that he rams are electric rams”) for the purpose of moving the arm based on the operator’s inputs.
It would have been obvious to one of ordinary skill in the art before the effective filling date to modify the invention of Berezowski et al. with the hydraulic distributor disclosed by Lehmann by connecting the hydraulic distributor to the hydraulic cylinders to form a hydraulic circuit for the purpose of moving the arm based on the operator’s inputs and to prevent the load from going beyond the pre-determined allowable limits.
Response to Arguments
Claim 7 will no longer be interpreted under 35 U.S.C. 112(f) due to the amendments made. The amendment to claim 8 has overcome the 35 U.S.C. 112(b).
Applicant's arguments filed on July 7th, 2026, have been fully considered but they are not persuasive.
Regarding Claims 1 and 11, the claims do not include the limitation “the predetermined threshold is always applied”. The limitation in the claims is that the forces are “constrained by a predetermined maximum threshold”. Berezowski et al. discloses this limitation (Paragraph 60). Additionally, the system of the instant application appears to also react to the machine’s current situation as well (Applicant’s Specification Page 11 Lines 27-31 and Page 12 Lines 1-9)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Peters et al. (US 20210154833 A1).
THIS ACTION IS MADE FINAL. 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.
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/J.K.T./Examiner, Art Unit 3653
/MICHAEL MCCULLOUGH/Supervisory Patent Examiner, Art Unit 3653
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