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 .
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in Japan on 8/23/2023. It is noted, however, that applicant has not filed a certified copy of the JP 2023-135495 application as required by 37 CFR 1.55. Examiner notes that Applicant was notified on 1/23/2025 regarding the failed attempt by the Office to electronically retrieve the priority documents.
Claim Rejections - 35 USC § 112
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 1-5 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.
Claim 1 recites “a swingable member coupled to the coupling cylinders in such a manner as to be swingable coupled to the upper shaft and the lower shaft.” The language renders the claim unclear. The claim language reads as though there is a single swingable member connected to the upper and lower shaft. However, from the written description there is an upper swingable member and a lower swingable member where the upper swingable member is coupled to the upper shaft and the lower swingable member is coupled to the lower shaft. As best understood, Examiner believes the Applicant was intending to claim having at least one swingable member where one is coupled to the upper shaft and one is connected to the lower shaft. Examiner suggests clarifying the language to properly claim the invention.
Claim 5 is unclear. The claim recites “the swingable member is held by a body frame of the work vehicle with the pair of coupling cylinders, the upper shaft and the lower shaft, and the holders in-between.” However, the claim recites having a singular swingable arm, and from the written description, there is an upper swingable member and a lower swingable member. Further, it appears that the single swingable member cannot have both the upper shaft and the lower shaft between the swingable member and the body frame. From the written description and drawings, the upper or lower shaft is between one of the swingable members and the body frame, but both are not between a single swingable member and the body frame. Examiner suggest clarifying the language of the locations of the swingable member and its attachment.
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 1-5 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent 9,346,492 to Oshima et al. (hereinafter Oshima et al. ) in view of US Patent 4,541,641 to Kubo.
Regarding claims 1-4, Oshima discloses a work vehicle (see Figure 1), comprising: a pair of holders (61 and 62); an upper shaft (88 through 61g, 62g) and a lower shaft (88 through 61h, 62h) held by the holders (61 and 62); a pair of coupling cylinders disposed between the holders(102 and 103 on upper arm and 113 and 114 on lower arm; see Figures 7, 9 and 10), each rotatably fitted around a respective one of the upper shaft and the lower shaft (88; see at least col. 6, line 64-col. 8, line 64 describing the arrangement of the coupling cylinders between each of the holders and located around each shaft); on or more swingable members (51 or 52) coupled to the coupling cylinders (102 and 103 on upper arm and 113 and 114 on lower arm) in such a manner as to be swingably coupled to the upper shaft and the lower shaft (88), respectively, with use of the coupling cylinders (see at least Figures 7, 9 and 10; and col. 6, line 64-col. 8, line 64 describing arrangement of coupling cylinders on the shaft and attached to the upper and lower arms); a pair of bushings (each of 102, 103, and 113 and 114 has a bushing, not shown; see col. 8, lines 35-64), each disposed between a respective one of the upper shaft and the lower shaft (88) and the corresponding coupling cylinder (102, 103 and 113, 114).
Oshima does not disclose the details or illustrate the details of a bushing. Specifically, regarding claim 1, Oshima fails to disclose a pair of gap fillers, each in a form of a ring fitted around a respective one of the upper shaft and the lower shaft and positioned in and filling a gap between the holders and an end portion of the corresponding coupling cylinder, and wherein each gap filler comprises an outer portion as a cover portion fitted around the end portion in such a manner as to cover the end portion along an entire circumference thereof. Regarding claim 2, Oshima fails to disclose each gap filler is fixed so as not to move together with the corresponding coupling cylinder in response to a swing of the swingable member. Regarding claim 3, Oshima fails to disclose each bushing comprises an end portion as a flange portion between the corresponding gap filler and the end portion of the corresponding coupling cylinder. Lastly, regarding claim 4, Oshima fails to disclose a pair of collars, each disposed around a respective one of the upper shaft and the lower shaft and fitted in the corresponding bushing.
Regarding claim 1, Kubo discloses a work vehicle, comprising: a pair of holders (9; see Figure 2 and 3); a shaft (10/10a) held by the holders (9); a coupling cylinder (6a) disposed between the holders (9) and rotatably fitted around the shaft (see Figures 1 and 2); a swingable member (6) coupled to the coupling cylinder (6a) in such a manner as to be swingably coupled to the shaft (10/10a) with use of the coupling cylinder (6a; see Figures 1-3); a bushing (17a) between the shaft (10a) and the coupling cylinder (6a); and a gap filler (18) in a form of a ring fitted around the shaft and positioned in and filling a gap between the holders (9) and an end portion of the coupling cylinder (6a), and wherein the gap filler (18) comprises an outer portion as a cover portion fitted around the end portion in such a manner as to cover the end portion along an entire circumference thereof (see Figure 3 showing the gap filler 18 covering the end along entire circumference). Kubo discloses that the bushing and housing design with the seal member and tolerance compensator could be used without limitation as to its scope of uses with similar components in a different situation (col. 1, lines 53-59).
Regarding claim 2, Kubo discloses the gap filler (18) is fixed so as not to move together with the coupling cylinder (6a) in response to a swing of the swingable member (6; see col. 2, lines 53-60 that discusses that the arm 6 is slidable with respect to the gap filler 18).
Regarding claim 3, Kubo discloses the bushing (17) comprises an end portion as a flange portion (17a) between the gap filler (18) and the end portion of the coupling cylinder (6a; see Figure 3).
Regarding claim 4, Kubo discloses a collar (16) disposed around the shaft (10/10a) and fitted in the bushing (17; see Figure 3).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the present invention to have used the bushing/seal member/tolerance compensator arrangement disclosed by Kubo on the suspension system of Oshima with a reasonable expectation of success as bushing details were not disclose by Oshima and the arrangement of Kubo would be used on similar components in a different location, and the bushing details of Kubo would aid in preventing looseness and large clearances while allowing for elastic deformability during movement of the suspension. The combination would yield predictable results.
Regarding claim 5, Oshima discloses the swingable member (51 or 52) is held by a body frame (11) of the work vehicle with the pair of coupling cylinders (102, 103 and 113, 114), the upper shaft and the lower shaft (88; see Figure 6), and the holders (61 and 62) in-between, and the work vehicle further comprises a wheel support (83) disposed at a free end portion of the swingable member (51 or 52; see at least Figure 4) and holding a wheel (18) of the work vehicle in such a manner that the wheel is rotatable (via hub 54).
Response to Arguments
Applicant’s arguments, see Remarks, filed 11/4/2025, with respect to the rejection(s) of claims 1-5 under 35 USC 102 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection under 35 USC 103 is made in view of Oshima and Kubo.
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 Tiffany L. Webb whose telephone number is (571)272-3950. The examiner can normally be reached M-F: 8:30-5.
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/T.L.W./Examiner, Art Unit 3614
/PAUL N DICKSON/Supervisory Patent Examiner, Art Unit 3614
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