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 § 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 1-6 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.
In claim 1, line 3, “the center” lacks clear antecedent basis. In line 4, “the front-rear direction” lacks clear antecedent basis in the claim. In line 7-8. “a length direction” is recited that appears to correspond to the front-rear direction so it is not clear if applicant means to refer to the same direction using two different terms.
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 and 2 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Porubcansky et al. (USPN 7,997,432).
Regarding claim 1, Porubcansky teaches a lower traveling structure for a construction machine, comprising: a center frame 12, 13, located in the center of a vehicle body (Figure 3); a side frame 27 extending in the front-rear direction, mounted on both left and right sides of the center frame and movable in the right-and-left direction relative to the center frame (one track frame 27 is on each side of the center frame); a drive wheel provided on one end of the side frame in a length direction of the side frame (Figure 3); an idler wheel provided on other end of the side frame in the length direction of the side frame (Figure 3); a crawler belt 29 (Figures 4 and 12) looped around the drive wheel and the idler wheel; and a vehicle width expanding/contracting device 50, 70, expanding and contracting a vehicle width by moving the side frame in the right-and-left direction relative to the center frame by extending and contracting a rod of a hydraulic cylinder 70, wherein the hydraulic cylinder of the vehicle width expanding/contracting device is located between the drive wheel and the idler wheel and mounted on the side frame (cylinder 70 is located in tubular member 50 that is at least partially located inside the side frame 27; Figure 12, col. 11, lines 11-13).
Regarding claim 2, Porubcansky teaches that the side frame 27 is formed as a cylindrical body (see Figure 12), and the hydraulic cylinder 17 is disposed within the side frame (also shown in Figure 12).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1 and 3-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over by JP7-237566 to Ando et al.
Regarding claim 1, Ando teaches a lower traveling structure for a construction machine, comprising: a center frame 13 located in the center of a vehicle body; a side frame 20 extending in the front-rear direction, mounted on both left and right sides of the center frame and movable in the right-and-left direction relative to the center frame; a drive wheel provided on one end of the side frame in a length direction of the side frame; an idler wheel provided on other end of the side frame in the length direction of the side frame (Figure 2 shows a drive wheel, an idler wheel and lower support rollers); a crawler belt 23 looped around the drive wheel and the idler wheel; and a vehicle width expanding/contracting device expanding and contracting a vehicle width by moving the side frame in the right-and-left direction relative to the center frame by extending and contracting a rod of a hydraulic cylinder, wherein the hydraulic cylinder of the vehicle width expanding/contracting device is located longitudinally between the drive wheel and the idler wheel.
The expanding/contracting device is mounted between the crawler and center frame but the cylinder is mounted to the center frame, not the side frame as claimed. However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to reverse the expanding/contracting device such that the hydraulic cylinder 14 and bending link 15 are mounted to the side frame rather than the center frame, with a reasonable expectation of success, in order to accomplish substantially the same result in substantially the same way.
Regarding claim 3, the vehicle width expanding/contracting device comprises: the hydraulic cylinder 14 provided to extend in the front-rear direction along the side frame; a bending link 15 having a bending portion 15 that is mounted rotatably on the side frame (as modified, above); one end portion to which the hydraulic cylinder is connected; and other end portion, the one end portion being rotated in the, front-rear direction to rotate the other end portion in the right-and-left direction (see Figure 3); and a connecting portion 25 connecting the other end portion of the bending link 15 and the center frame (as modified, above).
Regarding claim 4, the bending link 15 of Ando is disposed at an intermediate portion of the side frame in the front-rear direction (see Figure 3).
Regarding claim 5, it is not clear if the connecting portion, as modified, would be positioned on the lower surface side of a lower plate of the center frame. However, the central portion of the vehicle is generally positioned above the side frames so it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to connect the connecting portion to a lower plate of the center frame, in order to maintain the center frame at an elevation where it is better protected at a larger distance from the ground.
Regarding claim 6, Ando shows at least one mounting plate located toward the side frame in the right-and-left direction and a link pin 16 mounted on of mounting plate so as to extend in the vertical direction, wherein the bending portion of the bending link is mounted rotatably on the link pin. It would have been an obvious duplication of parts to provide a pair of mounting plates and opposed to each other at an interval in the vertical direction (a clevis structure), as is old and well known, in order to appropriately secure the pivot pin.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Zimmermann, DE4210532, GB1167061, Johnson, and Curtis show lower traveling structures having actuators connected to bending links to adjust the width of the traveling structure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Anne Marie M. Boehler whose telephone number is (571)272-6641. The examiner can normally be reached Monday-Friday, 8-5pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Valentin Neacsu can be reached at 571-272-6265. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANNE MARIE M BOEHLER/Primary Examiner, Art Unit 3611
/ab/
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