DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after 16 March 2013, is being examined under the first inventor to file provisions of the AIA . This Office action is in response to the application received on 04 November 2024. Claims 1-9 are pending.
Priority
The 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.
The claim for foreign priority under 35 U.S.C. 119 (a)-(d) is acknowledged. Certified copies of the priority applications have been received.
Information Disclosure Statement
The IDS received on 04 November 2024 has been considered.
Specification
The title of the invention is objected to because it is not sufficiently descriptive of the invention to which the claims are directed. The title "Construction machine with portable key" is offered for consideration but is not strictly required.
Claim Rejections - 35 USC § 102
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.
Claims 1 and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2017/0058489 A1 (Nomura et al.).
As to claim 1, Nomura discloses a construction machine comprising:
a body frame (Fig 1 - hydraulic excavator (1));
a cabin that is mounted on the body frame and allows an operator to get in the cabin (Fig 1 - cab (8) with unlabeled gate);
a transmitter that is disposed inside the cabin and transmits a first signal (para [0056]);
a portable key configured to be carriable by the operator and capable of receiving the first signal and transmitting a second signal that is an authentication signal in response to a reception of the first signal (para [0057] - "The portable key (Key Fob) 38 as an authentication key (authenticating machine) is to be held (carried) by the operator who operates (manipulates) the hydraulic excavator 1, for example. When the portable key 38 receives a signal (request signal) transmitted from the keyless controller 41 through the LF transmission antenna 39, it transmits (issues) an ID code (authentication signal, authentication number) for authentication to the keyless controller 41"); and
a controller that judges whether or not the portable key corresponds to the construction machine based on the second signal and brings a drive source of the construction machine into a startup-operation available state when judging that the portable key corresponds to the construction machine, the startup-operation available state being a state where an operation for starting up the drive source is available (para [0061] - "the keyless controller 41 authenticates (determines) whether or not the ID code from the portable key 38 received through the RF reception antenna 40 is a valid ID code, that is, whether or not it matches the ID code set in the keyless controller 41 in advance for which start of the engine 15 is permitted"), wherein:
the cabin is disposed at a position biased in a frame width direction, which is a width direction of the body frame, with respect to a widthwise frame center line, which is a center line of the body frame in the frame width direction (para [0026] - "The cab 8 is mounted on the front left side of the revolving frame 6");
the cabin includes a pair of cabin inner side wall and cabin outer side wall, which are opposed to each other in the frame width direction across a cabin interior space for receiving the operator, the cabin inner side wall located closer to the widthwise frame center line than the cabin outer side wall, the cabin outer side wall formed with an entrance to allow the operator to get in and get out of the cabin interior space through the entrance (Fig 1, para [0026] - "an inside of the cab 8 forms an operator's room on which the operator (driver) gets"); and
the transmitter is attached to the cabin inner side wall (para [0056] - "wireless authentication starting device 37 is constituted by including the portable key 38, an LF transmission antenna 39, an RF receipt ion antenna 40, the keyless controller 41, the vehicle controller 36, the ACC relay 26, and the C relay 22", para [0059] - "the LF transmission antenna 39 as the transmission antenna, the RF reception antenna 40 as the reception antenna, and the keyless controller 41 are provided in the upper revolving structure 4 on the vehicle side (in the cab 8, for example)").
As to claim 9, Nomura discloses the construction machine according to claim 1, and further discloses the machine further comprising a work device capable of performing a working motion, wherein the work device is disposed on the body frame at a position adjacent to the cabin inner side wall on an outer side of the cabin inner side wall in the frame width direction (Fig 1 - working mechanism (5), para [0021] - "a working mechanism 5 provided liftably on a front side of the upper revolving structure 4").
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 2-8 are rejected under 35 U.S.C. 103 as being unpatentable over Nomura in view of US 11,148,641 B2 (Neuhoff).
As to claim 2, Nomura discloses the construction machine according to claim 1.
Neuhoff teaches the limitations not expressly further disclosed by Nomura, namely:
wherein the cabin inner side wall includes an outer shielding part interposed between an outer space of the cabin inner side wall and the transmitter, and the outer shielding part hinders the first signal from passing through the outer shielding part from the transmitter to leak out to the outer space (col 12 ln 58-67 - "the transmission condition comprises at least one influencing factor on the propagation of radio waves [...] in particular an electrical shielding and/or a damping by a body of the vehicle which effects a signal change, in particular signal attenuation [...] In particular, the vehicle body can be designed in such a way that a detectable vehicle influence on the transmission through the vehicle body is caused").
As of the effective filing date of the claimed invention, one of ordinary skill in the art would have been motivated to combine Nomura and Neuhoff because both relate to systems for authenticating a user of a vehicle by a portable transmitter carried by the user. The combination would yield predictable results according to the teachings of Neuhoff by accommodating the signal attenuation caused by the body of the vehicle.
As to claim 3, the combination of Nomura and Neuhoff teaches the construction machine according to claim 2.
Nomura further discloses wherein:
the cabin inner side wall further includes a non-shielding part, which is located at a position deviated from the outer shielding part in a direction along a vertical surface and allows the first signal to pass through the non-shielding part (Fig 1 - unlabeled cab windows); and
the cabin further includes an inner shielding part, which is interposed between the non-shielding part and the transmitter in the cabin to hinder the first signal from reaching the non-shielding part from the transmitter through the inner shielding part (Fig 1 - unlabeled cab walls).
As to claim 4, the combination of Nomura and Neuhoff teaches the construction machine according to claim 3.
Nomura further discloses wherein the non-shielding part includes a transparent plate (Fig 1 - unlabeled cab windows).
As to claim 5, the combination of Nomura and Neuhoff teaches the construction machine according to claim 3.
Nomura further discloses wherein at least a part of the inner shielding part is included in a support member that supports a device for operation of the construction machine (Fig 1, Fig 2 - operating levers (10), operating pedals (11)).
As to claim 6, the combination of Nomura and Neuhoff teaches the construction machine according to claim 3.
Nomura further discloses wherein the inner shielding part includes at least one of an upper shielding wall covering the transmitter on an upper side of the transmitter, a front shielding wall covering the transmitter on a front side of the transmitter, and a rear shielding wall covering the transmitter on a rear side of the transmitter (para [0056]).
As to claim 7, the combination of Nomura and Neuhoff teaches the construction machine according to claim 3.
Nomura further discloses wherein at least a part of the inner shielding part is included in a reinforcement member disposed along an inner wall surface of the outer shielding part so as to enhance a rigidity of the cabin inner side wall and interposed between the transmitter and the non-shielding part (para [0025] - "The revolving frame 6 is a frame for forming a support structural body of the upper revolving structure 4", para [0026] - "The cab 8 is mounted on the front left side of the revolving frame 6").
As to claim 8, the combination of Nomura and Neuhoff teaches the construction machine according to claim 3.
Nomura further discloses wherein at least a part of the outer shielding part and the inner shielding part is included in a cabin pillar member that stands up on the body frame so as to extend vertically (para [0025]-[0026]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Todd Melton whose telephone number is (571)270-3871. The examiner can normally be reached weekdays, 9:30am - 6:00pm (Eastern time). 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, Navid Mehdizadeh can be reached at 571-272-7691. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TODD MELTON/Primary Examiner, Art Unit 3669