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 09/04/2023. It is noted, however, that applicant has not filed a certified copy of the JP 2023-143172 application as required by 37 CFR 1.55.
Claim Rejections - 35 USC § 102
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 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, 4-6, 10-11, 14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by KOBAYASHI US 2015/0359174 Al.
Re claim 1, KOBAYASHI teach a work vehicle, comprising: a body (fig. 1, external body frame parts and surfaces); a travel device (142) in the body; a boarding section (portion above 56, 68) provided in the body; a cooling object (186); a cooling fan (208); a pipe-shaped frame (206, 210) provided in the body along a right-left direction and having a vent hole (206a, 210a) on at least either of a right portion and a left portion of the pipe-shaped frame ;
and a communicating opening (noting pipe an aperture connected to 208, fig 8) provided in an intermediate portion of the pipe-shaped frame in the right-left direction and allowing the cooling fan and the cooling object to communicate with an inside of the pipe-shaped frame, and wherein the cooling fan is configured to cause air to be supplied to the cooling object or discharged from the cooling object through the vent hole, the pipe-shaped frame, and the communicating opening (fig 8, para 77),
wherein the body comprises: right and left body frames (10, 12, 20, 36, 46b) provided along a front-rear direction;
and a plurality of lateral frames (20a, 54 , 22, 206, 210) provided along the right-left direction and attached to the right and left body frames, wherein the pipe-shaped frame is one of the lateral frames (noting naming the “pipe-shaped frame” as a “lateral frame” does not change the structural requirement of the claim, and the a pipe-shaped frame (206, 210) also meets the limitations of provided along the right-left direction and attached to the right and left body frames since all three dimensional objects are provided along all directions, and all items are attached to each other in the final assembly),
wherein the right and left body frames each comprise: a first frame (10) portion placed below the boarding section; a second frame portion (36) extending upward from a rear portion of the first frame portion; and a third frame (46b) portion extending rearward from an upper portion of the second frame portion, wherein the travel device is provided behind the second frame portion and below the third frame portion (figs 1-4), as viewed laterally, and wherein the pipe-shaped frame is attached to the upper portion of the second frame portion and a front portion of the third frame portion (noting “the upper portion of the second frame portion and a front portion of the third frame portion” are attached together towards the rear top, and these items are connected to “pipe-shaped frame” via intermediate parts in the rear such as via 178, 181, figs).
Noting that according to the Merriam-Webster dictionary, the plain meaning of ‘frame’ is
1. b
: something composed of parts fitted together and united
2
a
: the underlying constructional system or structure that gives shape or strength (as to a building)
b
: a frame dwelling.
Re claim 4, KOBAYASHI teach further comprising: a seat frame comprising a vertical portion (52) along an up-down direction, and a longitudinal portion (annotated fig “seat frame”) extending rearward from an upper portion of the vertical portion; and a seat (56, 68) attached to the seat frame, and wherein: the first frame portion is attached to a lower portion of the vertical portion of the seat frame, and the pipe-shaped frame is attached to a rear portion of the longitudinal portion of the seat frame (noting in the instant combination all parts are connected as an integral final assembly).
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Re claim 5, KOBAYASHI teach wherein: the pipe-shaped frame comprises a portion extending upward (figs, noting all objects extend in three dimensions), and the seat comprises a backrest attached to the portion of the pipe-shaped frame which portion extends upward (noting in the instant combination all parts are connected as an integral final assembly).
Re claim 6, KOBAYASHI teach wherein: the cooling fan is provided behind the pipe-shaped frame, the cooling object is provided adjacent to the communicating opening and behind the pipe-shaped frame, and the air enters the pipe-shaped frame via the vent hole, is supplied to the cooling object through the pipe-shaped frame and the communicating opening, and is discharged from the cooling object through the cooling fan (figs, noting behind is relative to either direction which is not defined in the claim and thus on either side).
Re claim 10, KOBAYASHI teach further comprising: a battery (160) provided below the seat and in front of the cooling object (figs); a motor (142) configured to drive the travel device by electric power from the battery; and a heat shielding member (noting various housing parts in between, fig 6, such as 182) provided between the cooling object and the battery, and wherein the heat shielding member has an opening communicating with the communicating opening (fig 6 internal volume or aperture for 210).
Re claim 11, KOBAYASHI teach wherein: the cooling fan is provided behind the pipe-shaped frame (relative to various other parts, figs), the cooling object is provided adjacent to the communicating opening and behind the pipe-shaped frame (relative to various other parts, figs), and the air is supplied from the cooling fan to the cooling object, enters the pipe-shaped frame from the cooling object through the communicating opening, and is discharged from the vent hole through the pipe-shaped frame.
Additionally noting that for clarity, the recitation “and the air is supplied from the cooling fan to the cooling object, enters the pipe-shaped frame from the cooling object through the communicating opening, and is discharged from the vent hole through the pipe-shaped frame” has been considered a recitation of intended use. It has been held that the recitation with respect to the matter in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. See MPEP 2114. In the instant case, the prior art meets all of the structural limitations, and is therefore capable of performing the claimed recitations set forth above. Furthermore, the examiner notes that the inclusion of material or article worked upon by a structure being claimed does not impart patentability to the claims. See MPEP 2115. Finally, the intended fluid used in the apparatus to perform the intended function does not affect the patentability of the apparatus, since the apparatus is capable of using said intended fluid. See MPEP 2144.07.
Re claim 14, KOBAYASHI teach a battery (160) provided below the seat and in front of the cooling object (figs); a motor (142) configured to drive the travel device by electric power from the battery; and a heat shielding member (noting various housing parts in between, fig 6, such as 182) provided between the cooling object and the battery, and wherein the heat shielding member has an opening communicating with the communicating opening (fig 6 internal volume or aperture for 210).
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.
Claim(s) 7-9, 12-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over KOBAYASHI in view of Miyamoto US 20130292097 A1.
Re claim 7, KOBAYASHI fail to explicitly teach fins.
Miyamoto teach : a heat dissipation fin attached to the cooling object, and wherein the heat dissipation fin is disposed at a position facing the communicating opening (paras 19-20) to add surface area to the inverter.
It would have been obvious to one of ordinary skill in the art at the time the invention was made to include fins as taught by Miyamoto in the KOBAYASHI invention in order to advantageously allow for enhanced air cooling.
Re claim 8, Miyamoto teach the heat dissipation fin is attached to an upper portion of the cooling object, the cooling fan is provided above the heat dissipation fin (fig 3), and the work vehicle further comprises a guide plate (31) configured to guide the air rearward which air is discharged from the cooling fan to add surface area to the inverter.
It would have been obvious to one of ordinary skill in the art at the time the invention was made to include fins as taught by Miyamoto in the KOBAYASHI, as modified, invention in order to advantageously allow for enhanced air cooling.
Re claim 9, KOBAYASHI teach further comprising: a deck (60, 62) provided behind the seat, and wherein the guide plate guides the air discharged from the cooling fan to below the deck (in the instant combination).
Additionally noting that for clarity, the recitation “guides the air discharged from the cooling fan to below the deck” has been considered a recitation of intended use. It has been held that the recitation with respect to the matter in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. See MPEP 2114. In the instant case, the prior art meets all of the structural limitations, and is therefore capable of performing the claimed recitations set forth above. Furthermore, the examiner notes that the inclusion of material or article worked upon by a structure being claimed does not impart patentability to the claims. See MPEP 2115. Finally, the intended fluid used in the apparatus to perform the intended function does not affect the patentability of the apparatus, since the apparatus is capable of using said intended fluid. See MPEP 2144.07.
Re claim 12, KOBAYASHI fail to explicitly teach fins.
Miyamoto teach : a heat dissipation fin attached to the cooling object, and wherein the heat dissipation fin is disposed at a position facing the communicating opening (paras 19-20) to add surface area to the inverter.
It would have been obvious to one of ordinary skill in the art at the time the invention was made to include fins as taught by Miyamoto in the KOBAYASHI invention in order to advantageously allow for enhanced air cooling.
Re claim 13, Miyamoto teach wherein: the heat dissipation fin is attached to an upper portion of the cooling object, the cooling fan is provided above the heat dissipation fin (fig 3), and the work vehicle further comprises a cover (31) covering the cooling fan from above (relative to any opposite object, fig 3) to add surface area to the inverter.
It would have been obvious to one of ordinary skill in the art at the time the invention was made to include fins and fans as taught by Miyamoto in the KOBAYASHI, as modified, invention in order to advantageously allow for enhanced air cooling.
Response to Arguments
Applicant’s arguments, see reply, filed 5/06/2026, with respect to the 112 rejections have been fully considered and are persuasive. The 112 rejections have been withdrawn.
Applicant's arguments filed 5/06/2026 have been fully considered but they are not persuasive.
The applicant argues that 210, 206, 206a, 210 of Kobayashi cannot be considered a pipe shaped frame or an opening. The examiner respectfully disagrees. The structure clearly meets what one of ordinary skill in the art would consider pipe shaped, a frame, and an opening (as applicant has even suggested “as aperture” in the arguments) from the plain meanings of the words without any special definition in the specification.
The applicant argues that 206, 210 of Kobayashi are not provided in the left and right direction. The examiner respectfully disagrees. The term “provided” is very broad and both structure provided to the left and right of each other, and additionally the structure is provided in the left and right direction by both bearing near the left and right ends of the structure.
The applicant argues that 206, 210 of Kobayashi are not connected to 10,12 . The examiner respectfully disagrees. All of the separate units are assembled together in a final frame assembly and thus are directly or indirectly connected to each other.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., single pipe shaped frame) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
The applicant argues that the opening is not provided in an “intermediate portion” of Kobayashi . The examiner respectfully disagrees. The term intermediate portions very broad and the opening is considered to be in an intermediate portion. Noting that according to the Merriam-Webster dictionary, the plain meaning of ‘intermediate’ is being or occurring at the middle place, stage, or degree or between extremes. It is noted the opening is near the middle, intermediate location in the front to back and height directions.
Applicant argues that Kobayashi fails to teach details of the “attachment” in the new scope of claim 1. However, the scope of the claim has been changed in the latest reply and therefore the examiner is now relying on a new rejection of record to teach the recited attachment details (see detailed rejection above). Therefore, the applicants’ arguments are not persuasive.
Applicant argues the claims dependent on the independent claim(s) are allowable based upon their dependence from an independent claim. Examiner respectfully disagrees. The arguments with respect to claim(s) 1 have been addressed above. Thus, the rejections are proper and remain.
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 GORDON A JONES whose telephone number is (571)270-1218. The examiner can normally be reached 7:30-5 M-F PST.
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/GORDON A JONES/Examiner, Art Unit 3763
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