DETAILED ACTION
Summary
This Office Action is in response to reply dated May 26, 2026. Claims 1-20 are currently pending.
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
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.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Brusco (US 2018/0065544 A1) in view of Bernstein (US 2013/0127611 A1) and Brinkman (US 2019/0254136 A1).
Regarding claim 1, Brusco discloses a device (see at least Figure 1, item 10 | [0011] note while the electric vehicles 10 illustrated in Figure 1 are cars, the term electric vehicles may include cars, trucks, motorcycles, mopeds, bicycles, buses, etc.), comprising:
at least one wheel (see at least Figure 1 | [0011] note a truck could comprise a garbage truck that utilizes fork arms to engage the lift channels of a dumpster, or a mechanical arm to engage a trash can);
a prime mover configured to drive the at least one wheel (see at least [0011] note the electric motor); and
a connectivity module communicably coupled with the device (see at least Figure 1, item 15 | [0014] note the controller 15 | [0024] note the controller 15 includes a transmitter 30), wherein the connectivity module is configured to:
receive, from a device, a selection of an attribute of a component of the device (see at least Figure 1, item 32 | [0024] note the driver of vehicle 10 may use a cellphone 32 to select a button that requests a battery status of a battery of the vehicle 10);
determine a threshold measure associated with the selected attribute (see at least [0016] note at least one threshold measure is determined);
receive, via a sensor, a measure associated with the selected attribute of the component of the device (see at least Figure 1, item 17 | [0014] note the controller 15 receives the charge of the battery from the sensor(s) 17);
compare the received measure and the threshold measure associated with the selected attribute of the component of the device (see at least [0016] note the controller 15 compares the received battery charge to at least one threshold measure); and
provide, based on the comparison, an indication in accordance with an indicator characteristic representing a status of the component of the device (see at least [0016] note the controller 15 can control a light 22 to emit a green color if the received battery charge is between 60-80%).
However, Brusco does not specifically disclose a lift device, comprising: an implement; a prime mover configured to drive the implement; and receive, from a device, a selection of an attribute of a component of the device and an indicator characteristic.
It is known to monitor various types of vehicles. For example, Bernstein teaches a system that monitors a lift device, comprising: an implement; a prime mover configured to drive the implement (see at least Figure 1, item 12 | [0019-0022] note the connectivity module (12) monitors at least the battery of a car, truck or tractor, which utilize implements such as a mower deck, front end loader, backhoe, pallet fork, etc. | [0031] note the indication can be electronic, visual, audible, etc.).
With respect to the other limitations, Brinkman teaches a vehicle monitoring system that receives, from a device, a selection of an attribute of a component of the vehicle and an indicator characteristic (see at least Figure 2 | [0055] note the configuration tool allows a user to customize an indicator’s indication characteristic based on selected input parameters/events | [0056] note the user can program the indicator to blink yellow (indicator characteristic) when the gate (component) is opening (attribute), switch the color to green when the gate is fully opened, etc. [0043] note the configuration tool can be stored on a smart phone, such as via an application or program | [0060] note boat or vehicle).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the features of Bernstein and Brinkman into Brusco. With respect to Bernstein this provides a known alternative vehicle that can be used in place of, or in addition to, Brusco’s vehicle while providing predictable results. With respect to Brinkman this provides the ability for Brusco in view of Bernstein’s user to customize the indication characteristic to their liking, thus tailoring the indicator to convey different statuses the user has programmed and does not have to look up in a user manual.
Regarding claim 2, Brusco in view of Bernstein and Brinkman teach further comprising an indicator communicably coupled to the connectivity module, wherein the indicator is configured to provide the indication representing the status of the component of the lift device to an observer (see at least Figure 1, items 15, 16, 18 and 22 of Brusco | [0014] of Brusco).
Regarding claim 3, Brusco in view of Bernstein and Brinkman teach wherein the indicator is a lighting device and the indication is at least one of the lighting device in a solid on state, a solid off state, a flashing state, or a strobe state (see at least [0016-0017] of Brusco, note solid on and flashing states).
Regarding claim 4, Brusco in view of Bernstein and Brinkman teach wherein the lighting device in the solid on state indicates the status of a battery of the lift device is fully charged (see at least [0016-0017] of Brusco, note a blue solid on state can indicate a 100% battery charge).
Regarding claim 5, Brusco in view of Bernstein and Brinkman teach wherein the lighting device in the flashing state indicates the status of a battery of the lift device is charging (see at least [0017] of Brusco, note flashing can indicate the battery is charging).
Regarding claim 6, Brusco in view of Bernstein and Brinkman teach wherein the attribute of the component is a power level of a battery of the lift device (see at least [0016] of Brusco, note blue emitted light can indicate a 100% power level of a battery).
Regarding claim 7, Brusco in view of Bernstein and Brinkman teach wherein the status of the component of the lift device is at least one of a fuel level of the lift device, a battery power level of the lift device, an ignition status of the lift device, or an operational status of the lift device (see at least [0016] of Brusco, note red, orange, green or blue emitted light indicates a battery power level).
Regarding claim 8, Brusco in view of Bernstein and Brinkman teach wherein the threshold measure is determined via a control system of the lift device (see at least [0020-0021] of Brusco, note the threshold measure is determined via the touchscreen interface and GPS of the vehicle, such as a navigation system).
Regarding claim 9, Brusco in view of Bernstein and Brinkman teach wherein the connectivity module is configured to operate in a first mode when the lift device is powered on, and wherein in the first mode the connectivity module is configured to communicate with the device via a long range radio frequency networking communication (see at least [0012] of Brusco, note the vehicle is turned off when charging | [0024] of Brusco, note a driver could communicate their request for battery status via their electronic device (32) (e.g., a cellphone, laptop, tablet, watch, electronic wristband, key fob, etc.) and cellphone towers (34) anytime, such as when the vehicle is on and/or off).
Regarding claim 10, Brusco in view of Bernstein and Brinkman teach wherein the connectivity module is configured to operate in a second mode when the lift device is powered off, and wherein in the second mode the connectivity module is configured to communicate with the device via a short range radio frequency networking communication (see at least [0012] of Brusco, note the vehicle is turned off when charging | [0024] of Brusco, note a driver could communicate their request for battery status via their Bluetooth electronic device (32) while the vehicle is charging and off).
Regarding claim 11, Brusco discloses a connectivity system (see at least Figure 1 | [0024]), comprising:
a device (see at least Figure 1, item 32 | [0024] note the electronic device 32 could be a cellphone, laptop, tablet, watch, electronic wristband, key fob); and
a wheeled device (see at least Figure 1, item 10 | [0011] note while the electric vehicles 10 illustrated in Figure 1 are cars, the term electric vehicles may include cars, trucks, motorcycles, mopeds, bicycles, buses, etc.) comprising:
a wheel (see at least Figure 1 | [0011] note a truck could comprise a garbage truck that utilizes fork arms to engage the lift channels of a dumpster, or a mechanical arm to engage a trash can);
a prime mover configured to drive the wheel (see at least [0011] note the electric motor); and
a connectivity module communicably coupled with the wheeled device (see at least Figure 1, item 15 | [0014] note the controller 15 | [0024] note the controller 15 includes a transmitter 30), wherein the connectivity module is configured to:
receive, from the device, a selection of an attribute of a component of the wheeled device (see at least Figure 1, item 32 | [0024] note the driver of vehicle 10 may use a cellphone 32 to select a button that requests a battery status of a battery of the vehicle 10);
determine a threshold measure associated with the selected attribute (see at least [0016] note at least one threshold measure is determined);
receive, via a sensor, a measure associated with the selected attribute of the component of the wheeled device (see at least Figure 1, item 17 | [0014] note the controller 15 receives the charge of the battery from the sensor(s) 17);
compare the received measure and the threshold measure associated with the selected attribute of the component of the wheeled device (see at least [0016] note the controller 15 compares the received battery charge to at least one threshold measure); and
provide, based on the comparison, an indication in accordance with an indicator characteristic representing a status of the component of the lift device (see at least [0016] note the controller 15 can control a light 22 to emit a green color if the received battery charge is between 60-80%).
However, Brusco does not specifically disclose a fleet; a lift device, comprising: an implement; a prime mover configured to drive the implement; and receive, from a device, a selection of an attribute of a component of the device and an indicator characteristic.
It is known to monitor various types of vehicles. For example, Bernstein teaches a system that monitors a fleet; and a lift device, comprising: an implement; a prime mover configured to drive the implement (see at least Figure 1, item 12 | [0019-0022] note the manufacturing company uses a connectivity module (12) to monitor at least the battery of a car, truck or tractor, which utilize implements such as a mower deck, front end loader, backhoe, pallet fork, etc. | [0031] note the indication can be electronic, visual, audible, etc.).
With respect to the other limitations, Brinkman teaches a vehicle monitoring system that receives, from a device, a selection of an attribute of a component of the vehicle and an indicator characteristic (see at least Figure 2 | [0055] note the configuration tool allows a user to customize an indicator’s indication characteristic based on selected input parameters/events | [0056] note the user can program the indicator to blink yellow (indicator characteristic) when the gate (component) is opening (attribute), switch the color to green when the gate is fully opened, etc. [0043] note the configuration tool can be stored on a smart phone, such as an application or program | [0060] note boat or vehicle).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the features of Bernstein and Brinkman into Brusco. With respect to Bernstein this provides a known alternative vehicle that can be used in place of, or in addition to, Brusco’s vehicle while providing predictable results. With respect to Brinkman this provides the ability for Brusco in view of Bernstein’s user to customize the indication characteristic to their liking, thus tailoring the indicator to convey different statuses the user has programmed and does not have to look up in a user manual.
Regarding claim 12, Brusco in view of Bernstein and Brinkman teach wherein the lift device further comprises an indicator communicably coupled to the connectivity module, and wherein the indicator is configured to provide the indication representing the status of the component of the lift device (see at least Figure 1, items 15, 16, 18 and 22 of Brusco | [0014] of Brusco).
Regarding claim 13, Brusco in view of Bernstein and Brinkman teach wherein the indicator is a lighting device and the indication is at least one of the lighting device in a solid on state, a solid off state, a flashing state, or a strobe state (see at least [0016-0017] of Brusco, note solid on and flashing states).
Regarding claim 14, Brusco in view of Bernstein and Brinkman teach wherein the connectivity module is configured to determine the threshold measure via a control system of the lift device (see at least [0020-0021] of Brusco, note the threshold measure is determined via the touchscreen interface and GPS of the vehicle, such as a navigation system).
Regarding claim 15, Brusco in view of Bernstein and Brinkman teach wherein the attribute of the component is a power level of a battery of the lift device (see at least [0016] of Brusco, note blue emitted light can indicate a 100% power level of a battery).
Regarding claim 16, Brusco in view of Bernstein and Brinkman teach wherein the connectivity module is configured to provide the indication to the device, and wherein the indication is a graphical interface status icon that the device displays (see at least [0024] of Brusco, note the message can include symbols and words | [0021] of Brusco, note symbols | [0018] of Brusco, note logo and symbol).
Regarding claim 17, Brusco discloses a method for providing a status of a component of a wheeled device (see at least Figure 1, item 10 | [0011] | [0014]), comprising:
receiving, from a device, a selection of an attribute of the component of the wheeled device (see at least Figure 1, item 32 | [0024] note the driver of vehicle 10 may use a cellphone 32 to select a button that requests a battery status of a battery of the vehicle 10);
determining a threshold measure associated with the selected attribute (see at least [0016] note at least one threshold measure is determined);
receiving, via a sensor, a measure associated with the selected attribute of the component of the wheeled device (see at least Figure 1, item 17 | [0014] note the controller 15 receives the charge of the battery from the sensor(s) 17);
comparing, via a connectivity module, the received measure and the threshold measure associated with the selected attribute of the component of the wheeled device (see at least [0016] note the controller 15 compares the received battery charge to at least one threshold measure); and
providing, via an indicator and based on the comparison, an indication in accordance with an indicator characteristic representing the status of the component of the wheeled device (see at least [0016] note the controller 15 can control a light 22 to emit a green color if the received battery charge is between 60-80%).
However, Brusco does not specifically disclose a lift device; and receiving, from a device, a selection of an attribute of the component of the lift device and indicator characteristic.
It is known to monitor various types of vehicles. For example, Bernstein teaches a system that monitors a lift device (see at least Figure 1, item 12 | [0019-0022] note the connectivity module (12) monitors at least the battery of a car, truck or tractor, which utilize implements such as a mower deck, front end loader, backhoe, pallet fork, etc. | [0031] note the indication can be electronic, visual, audible, etc.).
With respect to the other limitations, Brinkman teaches a vehicle monitoring system that receives, from a device, a selection of an attribute of a component of the vehicle and an indicator characteristic (see at least Figure 2 | [0055] note the configuration tool allows a user to customize an indicator’s indication characteristic based on selected input parameters/events | [0056] note the user can program the indicator to blink yellow (indicator characteristic) when the gate (component) is opening (attribute), switch the color to green when the gate is fully opened, etc. [0043] note the configuration tool can be stored on a smart phone, such as an application or program | [0060] note boat or vehicle).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the features of Bernstein and Brinkman into Brusco. With respect to Bernstein this provides a known alternative vehicle that can be used in place of, or in addition to, Brusco’s vehicle while providing predictable results. With respect to Brinkman this provides the ability for Brusco in view of Bernstein’s user to customize the indication characteristic to their liking, thus tailoring the indicator to convey different statuses the user has programmed and does not have to look up in a user manual.
Regarding claim 18, Brusco in view of Bernstein and Brinkman teach wherein the indicator is a lighting device, and wherein providing the indication representing the status of the component of the lift device includes providing at least one of the lighting device in a solid on state, a solid off state, a flashing state, or a strobe state (see at least [0016-0017] of Brusco, note solid on and flashing states).
Regarding claim 19, Brusco in view of Bernstein and Brinkman teach wherein providing the lighting device in the solid on state indicates the status of a battery of the lift device is fully charged (see at least [0016] of Brusco, note blue emitted light can indicate a 100% power level of a battery).
Regarding claim 20, Brusco in view of Bernstein and Brinkman teach wherein comparing the received measure and the threshold measure associated with the attribute of the component of the lift device includes determining at least one of a fuel level of the lift device, a battery power level of the lift device, an ignition status of the lift device, or an operation status of the lift device (see at least [0016] of Brusco, note red, orange, green or blue emitted light indicates a battery power level).
Response to Arguments
Applicant’s arguments filed May 26, 2026 have been fully considered but they are not persuasive.
“Applicant respectfully submits that Brusco, alone or in any proper combination with Bernstein, does not disclose, teach, or suggest, among other features, a connectivity module configured to ‘receive, from a device, a selection of an attribute of a component of the lift device,’ much less ‘determine a threshold measure associated with the selected attribute’ as recited in pending claim 1, and similarly pending claims 11 and 17. (Emphasis added). Further, Applicant respectfully submits that Brusco, alone or in any proper combination with Bernstein, does not disclose, teach, or suggest, among other features, a connectivity module configured to ‘receive, from a device, … an indicator characteristic,’ much less ‘provide … an indication in accordance with the indicator characteristic representing a status of the component of the lift device’ as recited in amended claim 1, and similarly amended claims 11 and 17. (Emphasis added).”
In response, Brusco’s vehicle clearly receives, from a device (cellphone), a selection of an attribute (power level of a battery) of a component (battery) of the vehicle (see at least [0024]). The threshold measures (0-20%, 20-60%, 60-80%, 80-100%) associated with the selected attribute are determined by the controller with the processors executing instructions stored in memory (see [0016]).
In addition, Bernstein illustrates a connectivity module coupled with a vehicle and an indicator (see [0046-0047] | [0060]). The controller is connected to an input, such as a monitored component of the vehicle, and an output connected to a lighting system (see [0055]). The user can program the controller via their smartphone (see [0043]) to monitor an attribute of a component, such as the operational status of a door, and customize the indication characteristic of the indicator (see [0055-0056] | [0153]). For example, the indicator can blink yellow when the door is lifting upward, and switch to green when the door is fully open.
Brinkman clearly teaches a connectivity module configured to receive, from a device, a selection of an attribute of a component of the lift device. Moreover, Brusco in view of Bernstein and Brinkman clearly teach receiving, from a device, a selection of an attribute of a component of the lift device and determining a threshold measure associated with the selected attribute. Applicant’s arguments are not persuasive.
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.
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/BRIAN WILSON/Primary Examiner, Art Unit 2689
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