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
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 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.
Claim(s) 1, 2, 3, 4, 7, 9, and 10 is/are rejected under 35 U.S.C. 102(a)(1) as being Anticipated by Hodgson (US 20030152452 A1).
Regarding Claim 1, Hodgson discloses:
An operation lever (27) for a construction machine (10), characterized by integrally connecting:
a boom operation portion (32) capable of operating a rotational-movement operation of a boom with respect to a machine body [0029 & 0031 & 0034 & 0035 & 0036 & 0037 & 0038];
an arm operation portion (36) capable of operating a rotational-movement operation of an arm with respect to the boom [0029 & 0031 & 0032 & 0034 & 0035 & 0036 & 0037 & 0038];
an attachment operation portion (39 & 40 & 42) capable of operating an operation of an attachment [0032 & 0033 & 0036 & 0037 & 0038 & 0043 & 0044 & 0045]; and
a swing operation portion (33) capable of operating a swing operation of the boom with respect to the machine body [0029 & 0030 & 0031 & 0034 & 0037 & 0038 & 0039].
Regarding Claim 2, Hodgson discloses:
the attachment operation portion is constituted capable of operating a rotational-movement operation of the attachment with respect to the arm [0032 & 0033 & 0036 & 0037 & 0038 & 0043 & 0044 & 0045].
Regarding Claim 3, Hodgson discloses:
the boom operation portion is constituted operably in a first operation direction corresponding to a rotational movement direction of the boom [0029 & 0031 & 0034 & 0035 & 0036 & 0037 & 0038];
the arm operation portion is constituted operably in a second operation direction corresponding to a rotational movement direction of the arm [0029 & 0031 & 0032 & 0034 & 0035 & 0036 & 0037 & 0038];
the attachment operation portion is constituted operably in a third operation direction corresponding to a rotational movement direction of the attachment [0032 & 0033 & 0036 & 0037 & 0038 & 0043 & 0044 & 0045]; and
the swing operation portion is constituted operably in a fourth operation direction corresponding to a swing direction of the boom [0029 & 0030 & 0031 & 0034 & 0037 & 0038 & 0039].
Regarding Claim 4, Hodgson discloses:
the first operation direction of the boom operation portion, the second operation direction of the arm operation portion, and the third operation direction of the attachment operation portion are set to different directions, respectively (Fig. 2) [0029 & 0030 & 0031 & 0032 & 0033 & 0034 & 0035 & 0036 & 0037 & 0038 & 0039 & 0043 & 0044 & 0045].
Regarding Claim 7, Hodgson discloses:
the swing operation portion, the boom operation portion, the arm operation portion, and the attachment operation portion are disposed in this order from a base portion to a distal end of the operation lever (Fig. 2).
Regarding Claim 9, Hodgson discloses:
the boom operation portion is formed to extend upward from a base portion of the operation lever (Fig. 2) and is constituted rotatably around a rotation shaft (A’) provided in the base portion with a rotation direction in a front-rear direction as the first operation direction (Fig. 2) [0029 & 0034 & 0046];
the arm operation portion is formed to extend downward from a distal end of the boom operation portion and is constituted rotatably around a rotation shaft (C’) provided at the distal end of the boom operation portion with a rotation direction in the front-rear direction as the second operation direction (Fig. 2) [0035]; and
the attachment operation portion is formed in an ellipsoidal shape and is constituted rotatably around a rotation shaft (D’) provided at a distal end of the arm operation portion with a rotation direction in an up-down direction as the third operation direction (Fig. 2) [0032 & 0033].
Regarding Claim 10, Hodgson discloses:
construction machine characterized by comprising the operation lever according to claim 1 (Fig. 1).
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 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 of this title, 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) 5, 6, and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hodgson (US 20030152452 A1) in view of Reusing (DE 10043179 A1).
Regarding Claim 5, Hodgson teaches:
a swing limiting portion capable of limiting an operation of a swing operation of the boom by the swing operation portion [0038].
Hodgson does not teach:
a swing lock portion capable of locking an operation of a swing operation of the boom by the swing operation portion.
Reusing teaches:
An operation lever (1) for a construction machine [0001], characterized by integrally connecting:
a boom operation portion (6) capable of operating a movement operation of a boom with respect to a machine body [0030 & 0037];
an arm operation portion (8) capable of operating a movement operation of an arm with respect to the boom [0030 & 0037];
an attachment operation portion (10) capable of operating an operation of an attachment [0031 & 0032 & 0037 & 0040 & 0043];
a swing operation portion (4) capable of operating a swing operation of the boom with respect to the machine body [0029 & 0030 & 0037]; and
a swing lock portion capable of locking an operation of a swing operation of the boom by the swing operation portion [0042].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the operation lever for a construction machine having a boom operation portion, arm operation portion, attachment operation portion, and swing operation portion with a swing limiting portion capable of limiting an operation of a swing operation of the boom by the swing operation portion taught by Hodgson with the operation lever for a construction machine having a boom operation portion, arm operation portion, attachment operation portion, and swing operation portion with a swing lock portion capable of locking an operation of a swing operation of the boom by the swing operation portion taught by Reusing in order to provide a means for adjustably limiting the operating range of the construction machine in order to prevent damage to the machine or its surroundings due to unintentional contact.
Regarding Claim 6, Hodgson does not teach:
an electromagnetic-load device capable of adjusting an operation load of at least one of the boom operation portion, the arm operation portion, the attachment operation portion, and the swing operation portion.
Reusing teaches:
An operation lever (1) for a construction machine [0001], characterized by integrally connecting:
a boom operation portion (6) capable of operating a movement operation of a boom with respect to a machine body [0030 & 0037];
an arm operation portion (8) capable of operating a movement operation of an arm with respect to the boom [0030 & 0037];
an attachment operation portion (10) capable of operating an operation of an attachment [0031 & 0032 & 0037 & 0040 & 0043];
a swing operation portion (4) capable of operating a swing operation of the boom with respect to the machine body [0029 & 0030 & 0037]; and
an electromagnetic-load device capable of adjusting an operation load of at least one of the boom operation portion, the arm operation portion, the attachment operation portion, and the swing operation portion [0013 & 0014 & 0040].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the operation lever for a construction machine having a boom operation portion, arm operation portion, attachment operation portion, and swing operation portion relying on operator observation for feedback taught by Hodgson with the operation lever for a construction machine having a boom operation portion, arm operation portion, attachment operation portion, and swing operation portion with an electromagnetic-load device capable of adjusting an operation load of at least one of the boom operation portion, the arm operation portion, the attachment operation portion, and the swing operation portion taught by Reusing in order to provide force feedback to the operator when the system encounters resistance to prevent damage to the system or surrounding environment due to interference or contact in the system which the operator is unable to or fails to observe thereby providing redundancy in the feedback system.
Regarding Claim 8, Hodgson teaches:
the swing operation portion is constituted rotatably in a right-left direction with respect to a base portion of the operation lever [0029 & 0031 & 0034 & 0037 & 0039 & 0046];
the boom operation portion is constituted rotatably with respect to the swing operation portion in a rotating direction in a front-rear direction as the first operation direction [0029 & 0031 & 0034 & 0035 & 0037 & 0038];
the arm operation portion is constituted rotatably with respect to the boom operation portion in a rotation direction in the front-rear direction as the second operation direction [0029 & 0031 & 0032 & 0034 & 0035 & 0036 & 0037 & 0038], and
the attachment operation portion is constituted slidably with respect to the arm operation portion in a sliding direction in the front-rear direction as the third operation direction [0032].
Hodgson does not teach:
the boom operation portion is constituted slidably with respect to the swing operation portion in a sliding direction in a front-rear direction as the first operation direction;
Reusing teaches:
An operation lever (1) for a construction machine [0001], characterized by integrally connecting:
a boom operation portion (3) capable of operating a movement operation of a boom with respect to a machine body [0045 & 0046 & 0047];
an arm operation portion (26 & 28) capable of operating a movement operation of an arm with respect to the boom [0045 & 0046 & 0047];
an attachment operation portion (30) capable of operating an operation of an attachment [0046 & 0047];
the boom operation portion is constituted slidably with respect to the swing operation portion in a sliding direction in a front-rear direction as the first operation direction (Fig. 3) [0045 & 0046 & 0047]; and
the attachment operation portion is constituted slidably with respect to the arm operation portion in a sliding direction in the front-rear direction as the third operation direction (Fig. 3) [0046 & 0047].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the operation lever for a construction machine having a boom operation portion, arm operation portion, attachment operation portion, and swing operation portion where the boom operation portion is constituted rotatably with respect to the swing operation portion in a rotating direction in a front-rear direction as the first operation direction, the arm operation portion is constituted rotatably with respect to the boom operation portion in a rotation direction in the front-rear direction as the second operation direction, and the attachment operation portion is constituted slidably with respect to the arm operation portion in a sliding direction in the front-rear direction as the third operation direction taught by Hodgson with the operation lever for a construction machine having a boom operation portion, arm operation portion, attachment operation portion, and swing operation portion where the boom operation portion is constituted slidably with respect to the swing operation portion in a sliding direction in a front-rear direction as the first operation direction and the attachment operation portion is constituted slidably with respect to the arm operation portion in a sliding direction in the front-rear direction as the third operation direction taught by Reusing in order to provide a means of controlling a construction machine utilizing sliding components to accurately impart movement of the slidingly movable components.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Patent publications US 20170058488 A1, US 9823686 B1, US 3637092 A, US 3698580 A, US 9889874 B1, US 11331809 B2, US 9809955 B2, US 5497568 A, US 10843330 B2, US 6140787 A, US 3840132 A, and US 3414136 A have been cited by the examiner as pertinent to the applicant’s disclosure because they teach: operator input system for powered arm control replicating the powered arm geometry.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRENDAN P TIGHE whose telephone number is 571-272-4872. The Examiner can normally be reached on Monday-Thursday, 7:00-5:30 EST
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, SAUL RODRIGUEZ can be reached on 571-272-7097. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRENDAN P TIGHE/Examiner, Art Unit 3652
/SAUL RODRIGUEZ/Supervisory Patent Examiner, Art Unit 3652
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