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 .
DETAILED ACTION
Claims 1 – 5 have been examined.
Claim Rejections - 35 USC § 112
Claim 5 is 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 5 recites the limitation "the vehicle width direction" in lines 3 and 4. There is insufficient antecedent basis for this limitation in the claim.
Claim 5 recites the limitation "the inner side of the rear wheel" in line 4. There is insufficient antecedent basis for this limitation in the claim.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1 – 3 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Mitobe et al. (9,556,772). In regard to claim 1, Mitobe discloses a work vehicle comprising a traveling body having an engine (Fig. 2, items 1 and 3), a fuel tank configured to supply fuel to the engine (Figs. 2 and 3, item 5), a post-processing device configured to purify exhaust gas of the engine (column 5, lines 42 – 52), and a reducing agent tank configured to store a reducing agent to be supplied to the post-processing device (Figs. 2 and 3, item 6), wherein the fuel tank is provided with a fueling cylinder for replenishing fuel (Fig. 3, item 53), wherein the reducing agent tank is provided with a supply cylinder for replenishing the reducing agent (Fig. 3, item 63), and wherein the fueling cylinder and the supply cylinder are arranged side by side in a plan view (Fig. 3).
In regard to claim 2, Mitobe discloses wherein the front end of the fueling cylinder is located further forward than the supply cylinder (Fig. 3).
In regard to claim 3, Mitobe discloses wherein the fueling cylinder is arranged at a higher position than the supply cylinder (Fig. 2).
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.
Claims 4 – 5 are rejected under 35 U.S.C. 103 as being unpatentable over Mitobe et al. (9,556,772) as applied to claims 1 – 3 above, and further in view of Tamura (2016/0129783). In regard to claim 5, Mitobe discloses a rear wheel (Fig. 3, item 1b), wherein a step is provided on the traveling body, and the fuel tank extends rearward along an inner side of the rear wheel in the vehicle width direction (Fig. 3).
Mitobe does not disclose the use or location of a step. In regard to claim 4, Tamura discloses wherein a step is provided on the traveling body (Figs. 1 and 4, item 51), and at least a portion of a fuel tank is provided at a position higher than an upper end of the step (Fig. 4).
In regard to claim 5, Tamura discloses a rear wheel, wherein a step is provided on the traveling body, and the fuel tank extends rearward along an inner side of the step in the vehicle width direction (Fig. 5).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the step of Tamura, to the work vehicle of Mitobe, in order to allow a user/operator means for entering the cabin. This increases safety and comfort for the user/operator.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Klauer et al. (8,695,827) disclose a diesel exhaust fluid and fuel fill system;
Schmitz et al. (9,174,682) disclose an engine hood arrangement;
Nagano et al. (9,803,533) disclose a tractor with exhaust gas treatment unit;
Pelarski et al. (2017/0113543) disclose a def tank constraint using a flexible medium.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN DANIEL WALTERS whose telephone number is (571)272-8269. The examiner can normally be reached M-F, 8 am - 5 pm (PT).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Allen Shriver can be reached at 303.297.4337. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOHN D WALTERS/ Primary Examiner, Art Unit 3613
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