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 .
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 19 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.
Regarding claim 19, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
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.
Claim(s) 1, 3, 10-11 and 16-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Teliski (EP 4107047 B1).
Regarding claim 1, Telisik discloses a working machine comprising: a steer column (Figs. 1 and 3, element 80; paragraphs 0015-0017, 0019); and a rotatable seat (Figs. 1 and 3, element 10; paragraphs 0002, 0015-0016 and 0022); wherein the seat is rotatable through a seat rotation path between a first seat position and a second seat position (paragraph 0022); and wherein the steer column is movable between a first position (other than the “upright position”), where the steer column is operable from the seat when the seat is in the first seat position, and a second position (“the upright position”), where there is clearance between the steer column and the seat rotation path (so as to prevent joystick 11 from contacting steering wheel 90 as seat rotates 180 degrees; paragraph 0002-0004, 0023); wherein the working machine further comprises: a seat latch arrangement (Figs. 1-3, element 30, seat trigger mechanism) configured to retain the seat in said first seat position (paragraph 0012, 0015); a latch control mechanism (Figs. 1-3, element 50, steering trigger mechanism) for controlling release of the seat latch arrangement, wherein the latch control mechanism is configured to prevent release of the seat latch arrangement when the steer column is in the first position (“the steering trigger mechanism, which is connected to the steering column and allows the position of the steering to be changed by triggering the seat [trigger] mechanism” paragraph 0012, 0020); and an actuator assembly (Figs. 1-3, element 40) configured to actuate the latch control mechanism, wherein the actuator assembly is operated by movement (180-degree rotation) of the steer column between the first position and the second position (paragraph 0022-0023).
Regarding claim 3, Telisik discloses the working machine according to claim 1, wherein the actuator assembly comprises an actuator (Figs. 1 and 3, element 60) having a first end connected to the steer column (Figs. 1 and 3, element 80) and a second end connected to the latch control mechanism (paragraph 0019; also see claim 3).
Regarding claim 10, Telisik discloses the working machine according to claim 1, wherein the steer column is jointed, such that the steer column comprises a fixed part (housing portion of steering column labeled 80), and a movable part (tubular portion of steering column 80 connected to steering wheel 90) configured to be moved between the first position and the second position (paragraph 0016 and 0019).
Regarding claim 11, Telisik discloses the working machine according to claim 1, wherein the seat latch arrangement comprises a latch release configured to release the seat latch arrangement, and wherein the latch control mechanism is configured to control operation of the latch release (paragraph 0012).
Regarding claim 16, Telisik discloses the working machine according to claim 1, wherein the latch control mechanism is resiliently biased towards a closed position (by shock absorber 70), where release of the seat latch arrangement is prevented (paragraph 0016, 0019-0020).
Regarding claim 17, Telisik discloses the working machine according to claim 1, further comprising a steer column retention mechanism (Figs. 1 and 3, element 70, 71) configured to retain the steer column in the first position, and/or in the second position (paragraph 0019, 0023 and claim 2);
Regarding claim 18, Telisik discloses the working machine according to claim 1, wherein the first and second seat positions are substantially 180° from one another (paragraph 0017, 0022).
Regarding claim 19, Telisik discloses the working machine according to claim 1, wherein the seat comprises an arm-mounted control, such as a joystick (Figs. 1 and 3, element 11).
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.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Telisik.
Regarding claim 9, Telisik teaches the working machine according to claim 1. Telisik is silent regarding the working machine further comprising a cab floor, and wherein actuator assembly 50 extends at least in part beneath the cab floor. It would have been obvious to a person having ordinary skill in the art prior to Applicant’s effective filing date to route actuator assembly 50 beneath a cab floor. The person of ordinary skill in the art would have been motivated to route actuator assembly beneath a cab floor to avoid damage to actuator assembly 50. That is, it would have been obvious to route the actuator assembly 50 below the cab floor rather than on the cab floor so as to avoid damage from feet of a machine operator.
Allowable Subject Matter
Claims 2, 4-8, 12-15 and 20 are 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DALE MOYER whose telephone number is (571)270-7821. The examiner can normally be reached Monday-Friday 8am-5pm PT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Khoi H Tran can be reached at 571-272-6919. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Dale Moyer/Primary Examiner, Art Unit 3656