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 § 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) 1, 2, 4, and 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yunoue et al. (US 2013/0071212 A1) in view of Horii et al. (US 2023/0323629 A1) and Huissoon et al. (US 2023/0088161 A1).
Regarding claim 1, Yunoue et al. discloses A work machine including a turning body in front of which a work device is disposed (Figure 5: 5, 4), the work machine comprising:
a turning frame constituting a bottom portion of the turning body (Figure 5: 5);
a first vertical plate (Figure 5: 5C) and a second vertical plate (Figure 5: 5B) that extend from a front side to a rear side on the turning frame and that are disposed at intervals on left and right sides;
a swing body (Figure 5: 5D) that is horizontally rotatably supported by the turning frame in front of the first vertical plate and the second vertical plate and that supports the work device;
hydraulic cylinder that is disposed on an outer side of a machine body (Figure 1: 4D, 4E, 4F)
and an auxiliary vertical plate (Figure 5: 5G, 5K).
Yunoue et al. does not disclose a hydraulic cylinder that is disposed on an outer side of a machine body on a side opposite to the second vertical plate side with respect to the first vertical plate on the turning frame, and that has one end portion coupled to the swing body and the auxiliary vertical plate disposed between the first vertical plate and the hydraulic cylinder on the turning frame and coupled to an other end portion of the hydraulic cylinder; and
the auxiliary vertical plate has a front edge on a front side of the work machine and a front side of the work machine, and the front edge of the auxiliary vertical plate is directly connected to the first vertical plate.
Horii et al. discloses a working machine that utilizes a swivel frame to spin. The swivel frame contains a hydraulic swing cylinder (Figure 2: C1) and an auxiliary vertical plate between the hydraulic swing cylinder and first vertical plate (Figure 4B: 34) that is coupled to an end portion of the hydraulic swing cylinder through a bracket member that protrudes upward with respect to the first vertical plate in a side view in a left-and-right direction (Figure 37: 123A, 123B, Paragraph 325 Lines 14-16) for the purpose of allowing the turning frame to swing based on the extension and retraction of the swing cylinder (Paragraph 192 Lines 1-2).
Huissoon et al. discloses a work machine with a first and second vertical plate (20: there are two vertical plates 113) and an auxiliary vertical plate that has a front edge on a front side of the work machine and a front side of the work machine, and the front edge of the auxiliary vertical plate is directly connected to the first vertical plate (Figure 2: the bulkheads 114, 115, and 117 connected to the first and second vertical plates 113). The auxiliary vertical plates are connected in this way for the purpose of providing a strong, high stressed structural zone against torsion (Paragraph 16).
It would have been obvious to one of ordinary skill in the art before the effective filling date to modify the invention of Yunoue et al. by including a hydraulic swing cylinder and bracket member disclosed by Horii et al. to the auxiliary vertical plate for the purpose of allowing the turning frame to swing based on the extension and retraction of the swing cylinder and adjusting the auxiliary vertical plate to connect to the first vertical plate as disclosed by Huissoon et al. for purpose of providing a strong, high stressed structural zone against torsion.
Regarding claim 2, Yunoue et al. in view of Horii et al. and Huissoon et al. discloses the limitations of claim 1. Yunoue does not disclose the auxiliary vertical plate includes a coupling portion having a coupling structure for coupling the second end portion of the hydraulic cylinder, and the coupling portion protrudes upward with respect to the first vertical plate in a side view in a left-and-right direction.
Horii et al. discloses a working machine that utilizes a swivel frame to spin. The swivel frame contains a hydraulic swing cylinder (Figure 2: C1) and an auxiliary vertical plate between the hydraulic swing cylinder and first vertical plate (Figure 4B: 34) that is coupled to an end portion of the hydraulic swing cylinder through a bracket member that protrudes upward with respect to the first vertical plate in a side view in a left-and-right direction (Paragraph 325 Lines 14-16) for the purpose of allowing the turning frame to swing based on the extension and retraction of the swing cylinder (Paragraph 192 Lines 1-2).
It would have been obvious to one of ordinary skill in the art before the effective filling date to modify the invention of Yunoue et al. by including a hydraulic swing cylinder and bracket member disclosed by Horii et al. to the auxiliary vertical plate for the purpose of allowing the turning frame to swing based on the extension and retraction of the swing cylinder.
Regarding claim 4, Yunoue et al. in view of Horii et al. and Huissoon et al. discloses the limitations of claim 1. Yunoue et al. further discloses a battery unit that overlaps the second vertical plate in a plan view (Figure 17 shows a single battery unit and Figure 4 shows multiple battery units 32 across the back of the construction machine that overlap the second vertical plate in a plan view);
an electric motor that uses electric power of the battery unit as a power supply and overlaps a vertical plate in a plan view (Figure 12: the electric motor 18 overlaps two right extension beams 5G in a plane view) for the purpose of providing support for the motor (Paragraph 62 Lines 1-5);
and a hydraulic pump that is driven by the electric motor and overlaps the auxiliary vertical plate in a plan view (Figure 12: 17).
Yunoue et al. does not disclose the electric motor overlaps the first vertical plate in a plan view.
It would have been obvious to one of ordinary skill in the art before the effective filling date to modify the invention of Yunoue et al. by having the electric motor overlap the first vertical plate in a plan view for the purpose of using a vertical plate to provide support for the motor as disclosed by Yunoue et al., since it has been held that rearranging parts of an invention involves only routine skill in the art. See MPEP 2144.04(VI)(C).
Regarding claim 5, the modified invention of Yunoue et al. in view of Horii et al. and Huissoon et al. discloses the limitations of claim 4. Yunoue et al. additionally discloses a hydraulic pump that is behind the support bracket (Figure 12: 17, 5D). Yunoue et al. does not disclose the hydraulic cylinder is disposed in front of the hydraulic pump.
Horii et al. discloses a working machine that utilizes a swivel frame to spin. The swivel frame contains a hydraulic swing cylinder that is connected to the support bracket and auxiliary wall (Figure 2: The hydraulic swing cylinder C1 and swing bracket 10 are connected and are the frontmost components on the frame, Figure 37: lower bracket 123A and upper bracket 123B, Paragraph 325 Lines 14-16) for the purpose of allowing the turning frame to swing based on the extension and retraction of the swing cylinder (Paragraph 192 Lines 1-2).
It would have been obvious to one of ordinary skill in the art before the effective filling date to modify the invention of Yunoue et al. by including the hydraulic swing cylinder disclosed by Horii et al. for the purpose of allowing the turning frame to swing based on the extension and retraction of the swing cylinder.
Claim(s) 6, 7, and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yunoue et al. (US 2013/0071212 A1) in view of Horii et al. (US 2023/0323629 A1) and Huissoon et al. (US 2023/0088161 A1) in further view of Hatanaka et al (US 12157987 B2).
Regarding claim 6, the modified invention of Yunoue et al. in view of Horii et al. and Huissoon et al. discloses the limitations of claim 5. Yunoue et al. additionally discloses in front of the hydraulic pump, a hydraulic oil tank that stores hydraulic oil discharged by the hydraulic pump and has a notch portion (Figures 12 and 16 hydraulic pump 17 is behind the oil tank 20, Paragraph 70). Yunoue et al. does not teach the hydraulic cylinder passes through a notch portion provided in the hydraulic oil tank.
Hatanaka et al. discloses a rotary working vehicle that has a hydraulic oil tank and a hydraulic cylinder that passes through a notch portion provided in the hydraulic oil tank (Figure 6: 65, 41, 651a) for the purpose of preventing the hydraulic oil tank from interfering with the swing cylinder (Column 6 Lines 46-49).
It would have been obvious to one of ordinary skill in the art before the effective filling date to modify the invention of Yunoue et al. by including the swing cylinder and placing it through the notch portion of the hydraulic oil tank as disclosed by Hatanaka et al. for the purpose of preventing the hydraulic oil tank from interfering with the swing cylinder.
Regarding claim 7, the modified invention of Yunoue et al. in view of Horii et al. and Huissoon et al. in further view of Hatanaka et al. discloses the limitations of claim 6. Yunoue et al. additionally discloses an auxiliary vertical plate and a hydraulic oil tank with a notched portion. Yunoue et al. does not disclose a hydraulic cylinder is disposed between the auxiliary vertical plate and a side wall of a part of the hydraulic oil tank, the part being provided with the notch portion.
Horii et al. discloses a working machine that utilizes a swivel frame to spin. The swivel frame contains a hydraulic swing cylinder that is connected to the support bracket and auxiliary wall (Figure 2: The hydraulic swing cylinder C1 and swing bracket 10 are connected and are the frontmost components on the frame, Figure 37: 123A 123B, Paragraph 325 Lines 14-16) for the purpose of allowing the turning frame to swing based on the extension and retraction of the swing cylinder (Paragraph 192 Lines 1-2).
Hatanaka et al. discloses a rotary working vehicle that has a hydraulic oil tank and a hydraulic cylinder that passes through a notch portion provided in the hydraulic oil tank (Figure 6: 65, 41, 651a) and is connected to a vertical plate through a coupling structure (Figure 2: 37, Figure 4: C1) for the purpose of preventing the hydraulic oil tank from interfering with the swing cylinder (Column 6 Lines 46-49).
It would have been obvious to one of ordinary skill in the art before the effective filling date to modify the invention of Yunoue et al. by connecting a hydraulic swing cylinder to the support bracket and auxiliary wall as disclosed by Horii et al. and placing the oil tank over the hydraulic swing cylinder as disclosed by Hatanaka et al. which would make the hydraulic cylinder disposed between the auxiliary vertical plate and a side wall of a part of the hydraulic oil tank, the part being provided with the notch portion. This would be done for the purpose of allowing the turning frame to swing based on the extension and retraction of the swing cylinder and preventing the hydraulic oil tank from interfering with the swing cylinder.
Regarding Claim 8, the modified invention of Yunoue et al. in view of Horii et al. and Huissoon et al. in further view of Hatanaka et al. discloses the limitations of claim 7. Yunoue et al. additionally discloses an auxillary vertical plate that acts as a support for components (Figure 5: 5G, 5K, Figure 16: 18, 21) and using plates to support a bottom wall of a part of the hydraulic oil tank, the part being provided with the notch portion (Figure 5: 5C, Figure 16: 5C, 20).
It would have been obvious to one of ordinary skill in the art before the effective filling date to modify the invention of Yunoue et al. by using an auxiliary vertical plate to support a bottom wall of a part of the hydraulic oil tank, the part being provided with the notch portion for the purpose of supporting components as disclosed by Yunoue et al.
Response to Arguments
The applicant’s amendments to the claims have overcome the previous rejection. New mapping and references have been applied based on the amendments.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Maruyama et al. (US 2024/0287760 A1) discloses a work vehicle with vertical plates and an auxiliary plates, Kunizawa et al. (US 2022/0275601 A1) discloses a swivel work machine with a hydraulic cylinder, Yonekura et al. (US 2022/0220698 A1) discloses a swivel work machine with a hydraulic cylinder.
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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