DETAILED ACTION
This action is a first action on the merits. The claims filed on October 11, 2024 have been entered. Claims 1-20 are pending and addressed below.
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
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged.
This application is a 371 national stage entry of PCT No. US2023/018343 filed on April 12, 2022 which claims benefit of US Provisional Application No. 63/362,847 filed on April 12, 2022.
Information Disclosure Statement
The information disclosure statement filed on October 11, 2024 has been considered by the Examiner.
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.
Claim 11-12 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 11: The term “about” in claim 11 is a relative term which renders the claim indefinite. The term “about” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. In this case, one would not be appraised of how much more or less than 3 degrees or more or less than 10 degrees is included in the range. Appropriate correction and/or clarification is required.
Claim 12: The term “about” in claim 12 is a relative term which renders the claim indefinite. The term “about” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. In this case, one would not be appraised of how much more or less than 7 or more or less than 1 is included in the range. Appropriate correction and/or clarification is required.
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, 2, 7-9 and 13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shioji et al., US 2005/0006157 (hereinafter Shioji).
Claim 1: Shioji discloses a utility vehicle (hydraulic shovel 1) comprising:
an operator cab (cab 10) having a front end (near working machine 4) and a back end (near counter weight 5) , the operator cab (10) including a cab roof (including roof frame, roof plate 45, and windowpane 55a) having an upper surface extending from the front end to the back end (as shown in Fig 7); and
the upper surface includes a first planar surface (roof plate 45, Fig 6-7, par [0048]) and a recessed portion (window sash 55 with window pane 55a, Fig 6-7, par [0048]), the recessed portion including a second planar surface (surface of 55, 55a),
wherein the second planar surface (55, 55a) is positioned at an angle with respect to the first planar surface (45) such that the second planar surface slopes downward and away from the first planar surface as the second planar surface extends from the back end to the front end of the operator cab (10) (window sash 55a/ window pane 55, extending downward and away from the roof plate 45 at an angle from rear to front end of cab 10, Fig 6-7).
Claim 2: Shioji discloses wherein the recessed portion includes an opening and a transparent pane covering the opening (window pane 55a is disposed within the opening of sash 55 as shown in Fig 6-7, par [0048]), the transparent pane (55) being angled with respect to the first planar surface (surface of roof plate 45) such that the transparent pane (55) extends downward and away from the first planar surface (45) as the transparent pane extends from the back end to the front end of the operator cab (window sash 55a with window pane 55, extending downward and away from the roof plate 45 at an angle from rear to front end of cab 10, Fig 6-7).
Claim 7: Shioji discloses wherein the transparent pane (windowpane 55a) is bonded to a portion of the recessed portion (opening of sash 55, Fig 6-7) (windowpane 55a is located within recessed portion of the sash 55, see Fig 6-7, which is a form of mechanical bonding).
Claim 8: Shioji discloses utility vehicle comprising:
a vehicle body having a front end and a rear end;
an operator cab (cab 10), the operator cab (10) including a cab roof (including roof frame, roof plate 45, and windowpane 55a) having an upper surface (as shown in Fig 7); and
the upper surface having a recessed second surface(window sash 55 with window pane 55a, Fig 6-7, par [0048]) being slanted downward toward the front end (window sash 55a/ window pane 55, extending downward and away from the roof plate 45 at an angle from rear to front end of cab 10, Fig 6-7) such that when the utility vehicle is positioned on a level surface, liquid falling onto the second surface is directed by the second surface toward the front end of the vehicle body (rain or liquid falling on angled panel 55 would necessarily be directed toward the front of the vehicle and cab body, Fig 6-7).
Claim 9: Shioji discloses wherein the second planar surface (sash 55 with windowpane 55a) includes an opening (opening within sash 55) and a transparent pane (55a) covers the opening (window pane 55a is disposed within the opening of sash 55 as shown in Fig 6-7, par [0048]).
Claim 13: Shioji discloses wherein the second surface (55/ 55a) includes a grid structure that is positioned beneath, and adjacent, a transparent pane (grid of crossbeams 39, 13a, 38, and 14a are disposed beneath window sash 55 and windowpane 55a, see Fig 6, par [0048]).
Claim(s) 1, 3-4, 6-8, and 10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tsukamoto et al., US 2009/0127888 (hereinafter Tsukamoto)
Claim 1: Tsukamoto discloses a utility vehicle (hydraulic excavator 1, Fig 1, par [0067]) comprising:
an operator cab (cab 10) having a front end and a back end (cab 10 with front end proximate working machine 4 and rear end proximate counter weight 5, Fig 1), the operator cab including a cab roof having an upper surface extending from the front end to the back end (top surface generally at roof panel 21d, Fig 4); and
the upper surface includes a first planar surface (first planar surface as a box shaped middle portion of top surface 21d, Fig 3-4) and a recessed portion (recessed front portion of top surface 21d, Fig 3-4), the recessed portion including a second planar surface (second planar front surface recessed from first middle portion Fig 3), wherein the second planar surface is positioned at an angle with respect to the first planar surface such that the second planar surface slopes downward and away from the first planar surface as the second planar surface extends from the back end to the front end of the operator cab (as best seen Fig 3, front portion recessed and angled downward and away from first planar middle surface towards front of cab 10).
Claim 3: Tsukamoto discloses wherein the recessed portion (recessed front portion of top surface 21d, Fig 3-4) forms a u-shaped channel in the upper surface of the cab roof, the u-shaped channel extending to a front-most edge of the upper surface (as best seen in Fig 3, recessed front portion forming a U=shaped channel; in the upper surface).
Claim 4: Tsukamoto discloses wherein the upper surface further includes a back planar surface that extends downward and away from the first planar surface as the back planar surface extends from an edge of the first planar surface toward the back end of the operator cab (rear portion of panel 21d extending rearward from the first planar surface and back from joint member 33, Fig 3-4, 10).
Claim 6: Tsukamoto discloses wherein the upper surface includes two lateral walls that extend from the first planar surface (first planar surface as a box shaped middle portion of top surface 21d, Fig 3-4) to the second planar surface (second planar front surface recessed from first middle portion Fig 3) to form the sides of the u-shaped channel (the side walls surrounding second planer front portion forming the U-shaped channel as best seen in Fig 3).
Claim 8: Tsukamoto discloses utility vehicle (hydraulic excavator 1, Fig 1, par [0067]) comprising:
a vehicle body (hydraulic excavator 1) having a front end and a rear end (cab 10 with front end proximate working machine 4 and rear end proximate counter weight 5, Fig 1);
an operator cab (cab 10), the operator cab (10) including a cab roof (roof panel 21d) having an upper surface (top surface generally at roof panel 21d, Fig 4); and
the upper surface (top surface 21d, Fig 3-4) having a recessed second surface (recessed front portion of top surface 21d, Fig 3-4) being slanted downward toward the front end such that when the utility vehicle is positioned on a level surface, liquid falling onto the second surface is directed by the second surface toward the front end of the vehicle body (as best seen Fig 3, front portion recessed and angled downward and away from first planar middle surface towards front of cab 10, rain or liquid falling on angled panel would necessarily be directed toward the front of the excavator 1 due to the angle of the panel).
Claim 10: Tsukamoto discloses wherein the upper surface further includes a first planar surface (first middle surface of panel 21d, Fig 3-4) and a back planar surface (rear portion of panel 21d extending rearward from first planar surface and back from joint member 33, Fig 3-4, 10), the back planar surface extending from an edge of a first planar surface toward the rear end (Fig 3-4, 10), the back planar surface being slanted downward as it extends from the edge of the first planar surface toward the rear end such that when the utility vehicle is positioned on a level surface, liquid falling on to the back planar surface is directed toward an engine compartment positioned at the rear end (rounded and slanted rear panel portion extending away from first surface towards a rear such that any liquid is directed towards the back of the vehicle and cab, Fig 3-4, 10).
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) 11-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shioji.
Claim 11: Shioji discloses an angle between a first planar surface of the upper surface (first middle surface of panel 21d, Fig 3-4) and the second surface (55, 55a, Fig 6-7)
Shioji is silent as to the angle is between about 3 degrees to about 10 degrees.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the angle between the first planar surface and the second surface to be between about 3 degrees to about 10 degrees as one of ordinary skill in the art could have adjusted the angle of the second panel to ensure proper draining of any liquid or rain that falls onto the second planar surface with reasonable expectations of success.
Claim 12: Shioji discloses the operator cab (from panel 56 with opening for windowpane 56a, Fig 6) includes a front opening (from panel 56 with opening for windowpane 56a, Fig 6) and a crossmember at the top of the front opening (top cross member 39 at top of opening, Fig 6), the cross member including a length dimension and a width dimension (as shown in Fig 6).
Shioji is silent as to wherein the ratio of the length dimension to the width dimension is about 7 to about 1 or greater.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify length and width dimensions of the cross member such that the ratio is about 7 to about 1 or greater as one of ordinary skill in the art could have adjusted the length and width dimensions of the cross member to ensure proper support of the window within the opening while maintaining a large enough opening for a sufficiently sized window.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shioji in view of Ficheux et al., US 2019/0225176 (hereinafter Ficheux).
Claim 5: Shioji fails to disclose wherein the upper surface further includes a grid structure that separates the opening into a plurality of openings.
Ficheuex discloses a utility vehicle with an upper surface that further includes a grid structure (cabin framework 50) that separates the opening into a plurality of openings (cabin framework 50 includes a skylight frame 62 and additional openings formed by the skylight frame 62 and skylight attachment beam 61, par [0036]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the opening of Shioji into a plurality of openings as disclosed by Ficheuex, as one of ordinary skill in the art would have recognized that applying the know technique of a plurality of openings would have yielded the predictable results of allowing installation of a skylight in the roof of the utility vehicle.
Claim(s) 14-18 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shioji in view of Hynds et al., US 2002/0014790 (hereinafter Hynds).
Claim 14: Shioji discloses a utility vehicle (hydraulic shovel 1) comprising:
a vehicle body (cab 10) having a front end (near working machine 4), a back end (near counter weight 5), and two lateral sides (left and right sides) (as best shown in Fig 1-2); and
an operator cab roof (including roof frame, roof plate 45, and windowpane 55a) having an upper surface including a first planar surface (roof plate 45, Fig 6-7, par [0048]) and a second planar surface (window sash 55 with window pane 55a, Fig 6-7, par [0048]).
Shioji fails to disclose the second planar surface including a lip on an edge of the second planar surface disposed adjacent the front end of the vehicle body, the lip having a raised center ridge positioned at a centerline of the vehicle body, the centerline extending from the front end to the back end of the vehicle body, the raised center ridge adjoining a plurality of lateral surfaces that are angled downward as the lateral surfaces extend away from the center ridge toward the lateral sides of the vehicle body.
Hynds discloses a vehicle roof with drainage system. The roof includes a planar surface (top surface 50) including a lip (front channel portion 74) on an edge (front edge) of the second planar surface (50) disposed adjacent the front end (front perimeter portion 54) of the vehicle body (as best shown in Fig 3-5), the lip (74) having a raised center ridge positioned at a centerline of the vehicle body (central canopy surface 112 slopes gently transversely, side to side to direct water to gutter 106, par [0034], this would necessarily require a raised center ridge), the centerline extending from the front end to the back end of the vehicle body (centerline is shown in Fig 3 as 5-5), the raised center ridge (canopy 112 is sloped transversely, side to side) adjoining a plurality of lateral surfaces that are angled downward as the lateral surfaces extend away from the center ridge toward the lateral sides of the vehicle body (central canopy surface 112 slopes gently transversely, side to side to direct water to gutter 106, par [0034], this would necessarily require sloped lateral sides extending away from the center line 5-5 of canopy 112).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the second planar surface of Shioji to include a lip with a raised center ridge positioned at a centerline of the vehicle as disclosed by Hynds located on the front edge of the second planar surface as one of ordinary skill in the art would have recognized that applying the known technique of a lip with a raised center ridge as disclosed by Hynds would have yielded the predictable results of improving the drainage system of the operator cab roof (Hynds, see abstract, par [0004]).
Claim 15: Shioji, in view of Hynds, discloses the lip (74) is chamfered toward the front end of the vehicle body (as best seen in Fig 5).
Claim 16: Hynds further discloses the lateral surfaces (portions of gutter depression 106 extending away from the centerline 5-5) are generally rectangular shaped and share an edge at the raised center ridge (central canopy surface 112 slopes gently transversely, side to side to direct water to gutter 106, par [0034], this would necessarily require sloped lateral sides that share an edge at the center line 5-5 and extend away from the center line 5-5 of canopy 112).
Shioji and Hynds fail to disclose wherein the lateral surfaces are substantially triangular.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the rectangular shaped lateral surfaces of Hynds to be substantially triangular, since it has been held by the courts that a change in shape or configuration, without any criticality, is nothing more than one of numerous shapes that one of ordinary skill in the art will find obvious to provide based on the suitability for the intended final application. See In re Dailey, 149 USPQ 47 (CCPA 1976). It appears that the disclosed device would perform equally well shaped as disclosed by Hynds.
Claim 17: Shioji, as modified by Hynds, discloses, wherein the second planar surface (Shioji, 55/55a) and a plurality of lateral walls (side channel portions 78, 80) form a u-shaped channel in the upper surface of the cab roof (channels 76, 78, and 80 form a u-shape as best seen in Fig 4, par [0030]), and at least one of the lateral surfaces (central canopy surface 112 slopes gently transversely, side to side to direct water to gutter 106, par [0034]) and at least one of the plurality of lateral walls (78, 80) together form a rectangular channel (Hynds, par [0034]).
Shioji and Hynds fail to disclose wherein the channel is triangular.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the rectangular shaped lateral surfaces of Hynds to be substantially triangular, since it has been held by the courts that a change in shape or configuration, without any criticality, is nothing more than one of numerous shapes that one of ordinary skill in the art will find obvious to provide based on the suitability for the intended final application. See In re Dailey, 149 USPQ 47 (CCPA 1976). It appears that the disclosed device would perform equally well shaped as disclosed by Hynds.
Claim 18: Shioji, in view of Hynds, discloses wherein the second planar surface (Shioji, 55, 55a) includes an opening (Shioji, opening of sash 55), a grid structure (Shioji, formed by crosspieces 38, 39 and beam portions 13a, 14a), and a transparent pane (Shioji, window pane 55a) positioned over the grid structure and covering the opening (Shioji, see Fig 6-7, par [0048]), the transparent pane (55) being angled with respect to the upper surface (45) such that the transparent pane (55) extends downward and away from the upper surface (45) as the transparent pane extends from the back end to the front end of the vehicle body (Shioji, window sash 55a with window pane 55, extending downward and away from the roof plate 45 at an angle from rear to front end of cab 10, Fig 6-7).
Claim 20: Shioji, as modified by Hynds, discloses further comprising two triangular channels, a first triangular channel formed by a first lateral surface and a first lateral wall (Hynds, lateral surface extending from centerline 5-5 in front channel 76 that connects to first side channel 78 and walls forming hollow channel 74, see Fig 4-5) and a second triangular channel formed by a second lateral surface and a second lateral wall (Hynds, lateral surface extending from centerline 5-5 in front channel 76 that connects to second side channel 80 and walls forming hollow channel 74, see Fig 4-5).
Allowable Subject Matter
Claim 19 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: Claim 19 includes allowable subject matter over the prior art as cited above.
Claim 19: Shioji, as modified by Hynds, discloses wherein the triangular channel tapers in a direction toward at least one of the lateral sides of the vehicle body (central canopy surface 112 slopes gently transversely, side to side to direct water to gutter 106, par [0034]) and in a direction towards the rear end of the vehicle body (second drain gutter 106 slopes gently rearwardly, front to rear, to direct water to rear comer apertures 108, par [0034]).
Shioji, as modified by Hynds, fails to disclose wherein the triangular channel tapers in a direction toward the front end of the vehicle body.
Conclusion
Claims 1-18 and 20 are rejected. Claims 19 is objected to . No claims area allowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CAROLINE N BUTCHER whose telephone number is (571)272-1623. The examiner can normally be reached Monday-Friday 10-6 pm EST.
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/CAROLINE N BUTCHER/ Primary Examiner, Art Unit 3676
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