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 .
Priority
2. Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. JP2024-011102, filed on 07/31/2025.
Drawings
3. The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters "133" and "140" have both been used to designate the “rear hood”.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “133” has been used to designate both “cover” and “rear hood”, reference character “140” has been used to designate both “notch” and “rear hood”, reference character “136” has been used to designate both “frame” and “attachment portion”. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
4. The following is a quotation of the second paragraph of 35 U.S.C. 112:
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.
5. Claims 9-12 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
a. Claim 9 recites the limitation "a hydraulic fluid that is the fluid" in lines 2-3 and “cooling water that is the fluid” in line 4. It is unclear if it is “a hydraulic fluid” that is the “a fluid” recited previously in claim 1, or if it is the “cooling water” that is the “a fluid” recited previously in claim 1 as only one fluid was recited previously.
b. Claims 10-12 are rejected as depending upon a rejected claim.
6. In view of the rejections above under 35 USC § 112, the claims referred to in any and all rejections below are rejected as best understood.
Claim Rejections - 35 USC § 102
7. 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.
8. Claims 1-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nishioka (US Patent Publication 2024/0084552).
a. Regarding claim 1, Nishioka discloses working machine comprising a machine body 1 [power shovel 1; FIG. 1 is a side view of a power shovel [0023]], hood 17 defining a portion of an exterior of the machine body [the exterior cover 17 that covers the main accommodating chamber 10 has a large opening part 19. The opening part 19 is covered in a freely openable and closable manner by an openable/closable cover 20 [0034]], a forced-air cooling heat exchanger 21, 22, 24 to perform heat exchange between air and a fluid [the heat exchangers (first and second heat exchangers) 21, 22, and the cooling fans 24 that supply cooling air to the heat exchangers 21, 22 [0044]] wherein hood 17 includes a ventilation opening and the forced-air cooling heat exchanger is attached to hood 17 at a position corresponding to the ventilation opening [the front half side of the openable/closable cover 20, which the heat exchanger unit 13 faces, is formed in a closed cross-section structure including an inner side surface 20 b and an outer side surface 20 c, and in the inner side surface 20 b, there is formed a fan mounting hole 20 d in which the cooling fan 24 is mounted; on the other hand, on the outer side surface 20 c, there is attached a ventilation plate 29 having a punching metal structure having ventilation holes through which the cooling air passes [0040]].
b. Regarding claim 2, Nishioka discloses the working machine according to claim 1, wherein
hood 17, including the ventilation opening, includes cover 20 that is openable and closable [openable/closable cover 20 that covers the opening part 19 in a freely openable and closable manner, the heat exchanger unit 13 is adapted to be easily accessible from the opening part 19 [0035]] and forced-air cooling heat exchanger 21, 22, 24 is attached to inner surface 20 b of cover 20 [cooling fan 24 attached to the inner side surface 20 b of the openable/closable cover 20 adjacently faces the heat exchanger unit 13 provided to face at a predetermined interval the openable/closable cover 20 in the closed state as described above, by closing the openable/closable cover 20 [0042]].
c. Regarding claim 3, Nishioka discloses the working machine according to claim 2, wherein
cover 20 includes an attachment portion to which the forced-air cooling heat exchanger 21, 22, 24 is to be attached and the attachment portion includes frame 23 that at least partially surrounds the ventilation opening and is configured to have forced-air cooling heat exchanger 21, 22, 24 fitted thereto [on the outer peripheral side of the heat exchangers 21, 22 (in the present embodiment, the heat exchanger supporting frame 23 on which the heat exchangers 21, 22 are mounted), there is provided the duct 25 that forms the air duct between the heat exchangers 21, 22 and the cooling fans 24 by abutting on the openable/closable cover 20 on the outer peripheral side of the cooling fans 24 in the closed state of the openable/closable cover 20 [0047]].
d. Regarding claim 4, Nishioka discloses the working machine according to claim 3 wherein
frame 23 is configured to provide an airtight seal 26 between the forced-air cooling heat exchanger and the ventilation opening [in the heat exchanger supporting frame 23, there is attached a duct (corresponding to a duct member of the present invention) 25 that forms an air duct between the first and second heat exchangers 21, 22 and a cooling fans 24 described below; airtight member 26 made of an elastic material is installed at the airtight member installing portion 25 c. The airtight member 26 is adapted to abut on the openable/closable cover 20 in the closed state to ensure airtightness of the air duct, and to function as a cushioning material when the duct 25 and the openable/closable cover 20 abuts on each other [0037]].
e. Regarding claim 5, Nishioka discloses the working machine according to claim 2, wherein
the machine body includes a support frame that supports cover 20 and hinge 27 that couples the support frame and cover 20 to each other such that the support frame and cover 20 are pivotable relative to each other around support shaft 27 a [hinge 27 is formed of a hinge pin 27 a [0038]]; the working machine further comprises flow passage 15 to allow the fluid to flow therethrough, the flow passage being connected to equipment 4d, 4e, 4f provided at the machine body and to the forced-air cooling heat exchanger attached to the inner surface of cover 20 and the flow passage is connected to the equipment [hydraulic pump 11 driven by the motor, a hydraulic oil tank 12, a heat exchanger unit 13 and so on described below. Furthermore, on the front right side of the main accommodating chamber 10, there is provided a valve accommodating chamber 14. The valve accommodating chamber 14 accommodates a control valve 15 for controlling feed and discharge of oil to and from various hydraulic actuators provided in the power shovel 1 (for example, a boom cylinder 4 d, an arm cylinder 4 e, a bucket cylinder 4 f that are operable to extend and retract in order to cause a boom 4 a, an arm 4 b, a bucket 4 c each constituting the front working unit 4 to be swung respectively [0033]] and the forced-air cooling heat exchanger so as to allow cover 20 to pivot around support shaft 27a [openable/closable cover is supported in an openable/closable and swingable manner via a hinge [0015], claim 8].
f. Regarding claim 6, Nishioka discloses the working machine according to claim 1 wherein
the forced-air cooling heat exchanger 21, 22, 24 includes a fan and a heat exchange assembly facing the fan [the heat exchangers (first and second heat exchangers) 21, 22, and the cooling fans 24 that supply cooling air to the heat exchangers 21, 22 [0044]] and including a heat exchange portion to perform heat exchange between cooling air generated by driving the fan and the fluid [an oil cooler for cooling hydraulic oil and a condenser for air conditioner are provided as the first and second heat exchangers [0035]] and the heat exchange portion or the fan faces the ventilation opening [cooling fans 24 are attached to the openable/closable cover 20, and the cooling fans 24 face the heat exchangers 21, 22 to supply cooling air in the closed state of the openable/closable cover 20 [0044]].
h. Regarding claim 7, Nishioka discloses the working machine according to claim 1, further comprising working device 4 [various hydraulic actuators provided in the power shovel 1 (for example, a boom cylinder 4 d, an arm cylinder 4 e, a bucket cylinder 4 f that are operable to extend and retract in order to cause a boom 4 a, an arm 4 b, a bucket 4 c each constituting the front working unit 4 [0033]] attached to the machine body and to be actuated by a hydraulic fluid that is the fluid [hydraulic pump 11 driven by the motor, a hydraulic oil tank 12, a heat exchanger unit 13 and so on described below. Furthermore, on the front right side of the main accommodating chamber 10, there is provided a valve accommodating chamber 14. The valve accommodating chamber 14 accommodates a control valve 15 for controlling feed and discharge of oil to and from various hydraulic actuators provided in the power shovel 1 (for example, a boom cylinder 4 d, an arm cylinder 4 e, a bucket cylinder 4 f that are operable to extend and retract in order to cause a boom 4 a, an arm 4 b, a bucket 4 c each constituting the front working unit 4 to be swung respectively [0033]] wherein the forced-air cooling heat exchanger is a forced-air cooling oil cooler to perform heat exchange between the hydraulic fluid and air [an oil cooler for cooling hydraulic oil and a condenser for air conditioner are provided as the first and second heat exchangers [0035]].
i. Regarding claim 8, Nishioka discloses the working machine according to claim 1 comprising a cooling target to be cooled by cooling water that is the fluid wherein the forced-air cooling heat exchanger is a forced-air cooling radiator to perform heat exchange between the cooling water and air [in a construction machine equipped with an engine, a radiator or an intercooler is provided as a heat exchanger [0050]].
j. Regarding claim 9, Nishioka discloses the working machine according to claim 1, comprising
working device 4 attached to the machine body [various hydraulic actuators provided in the power shovel 1 (for example, a boom cylinder 4 d, an arm cylinder 4 e, a bucket cylinder 4 f that are operable to extend and retract in order to cause a boom 4 a, an arm 4 b, a bucket 4 c each constituting the front working unit 4 [0033]] and to be actuated by a hydraulic fluid that is the fluid [hydraulic pump 11 driven by the motor, a hydraulic oil tank 12, a heat exchanger unit 13 and so on described below. Furthermore, on the front right side of the main accommodating chamber 10, there is provided a valve accommodating chamber 14. The valve accommodating chamber 14 accommodates a control valve 15 for controlling feed and discharge of oil to and from various hydraulic actuators provided in the power shovel 1 (for example, a boom cylinder 4 d, an arm cylinder 4 e, a bucket cylinder 4 f that are operable to extend and retract in order to cause a boom 4 a, an arm 4 b, a bucket 4 c each constituting the front working unit 4 to be swung respectively [0033]] and a cooling target to be cooled by cooling water that is the fluid [in a construction machine equipped with an engine, a radiator or an intercooler is provided as a heat exchanger [0050]] wherein the forced-air cooling heat exchanger includes a forced-air cooling oil cooler to perform heat exchange between the hydraulic fluid [an oil cooler for cooling hydraulic oil and a condenser for air conditioner are provided as the first and second heat exchangers [0035]] and air and a forced-air cooling radiator to perform heat exchange between the cooling water and air [in a construction machine equipped with an engine, a radiator or an intercooler is provided as a heat exchanger [0050]].
k. Regarding claim 10, Nishioka discloses the working machine according to claim 9, wherein
the forced-air cooling oil cooler includes an oil cooler fan to generate cooling air and the forced-air cooling radiator includes a radiator fan to generate cooling air [heat exchanger unit 13 is composed of first and second heat exchangers 21, 22 arranged vertically adjacent to each other; an oil cooler for cooling hydraulic oil and a condenser for air conditioner are provided as the first and second heat exchangers [0035]; cooling fans 24 face the heat exchangers 21, 22 to supply cooling air in the closed state of the openable/closable cover 20 [0044]].
l. Regarding claim 11, Nishioka discloses the working machine according to claim 10 wherein
the ventilation opening of the hood includes a first ventilation opening to allow flow of cooling air for the forced-air cooling oil cooler and a second ventilation opening to allow flow of cooling air for the forced-air cooling radiator [an oil cooler for cooling hydraulic oil and a condenser for air conditioner are provided as the first and second heat exchangers [0035]; cooling fans 24 face the heat exchangers 21, 22 to supply cooling air in the closed state of the openable/closable cover 20 [0044]; in a construction machine equipped with an engine, a radiator or an intercooler is provided as a heat exchanger [0050]].
m. Regarding claim 12, Nishioka discloses the working machine according to claim 11 wherein
the hood including the ventilation opening includes cover 20 that is openable and closable [openable/closable cover 20 that covers the opening part 19 in a freely openable and closable manner, the heat exchanger unit 13 is adapted to be easily accessible from the opening part 19 [0035]], the machine body includes support frame 23 to support cover 20 and hinge 27 to couple support frame 23 and cover 20 to each other such that support frame 23 and cover 20 [on the outer peripheral side of the heat exchangers 21, 22 (in the present embodiment, the heat exchanger supporting frame 23 on which the heat exchangers 21, 22 are mounted), there is provided the duct 25 that forms the air duct between the heat exchangers 21, 22 and the cooling fans 24 by abutting on the openable/closable cover 20 on the outer peripheral side of the cooling fans 24 in the closed state of the openable/closable cover 20 [0047]] are pivotable relative to each other [openable/closable cover is supported in an openable/closable and swingable manner via a hinge [0015], claim 8] around support shaft 27a [hinge 27 is formed of a hinge pin 27 a [0038]] and the forced-air cooling oil cooler [an oil cooler for cooling hydraulic oil and a condenser for air conditioner are provided as the first and second heat exchangers [0035]] and the forced-air cooling radiator [in a construction machine equipped with an engine, a radiator or an intercooler is provided as a heat exchanger [0050]] are positioned at an inner surface of cover 20 and are juxtaposed along a direction perpendicular to a direction in which the support shaft extends [heat exchanger unit 13 is composed of first and second heat exchangers 21, 22 arranged vertically adjacent to each other [0035]; the heat exchangers may be arranged so as to be adjacent right and left with respect to the flow of cooling air, or may be arranged so as to be overlapped front and back with respect to the flow of cooling air [0050]; the openable/closable cover is configured in such a way that the same is provided in a state where its plane direction faces a front-rear direction, and is opened/closed and swung using a front edge part side as a fulcrum, but a configuration for opening/closing and swinging using a rear edge part side, alternatively an upper edge part side or a lower edge part side as a fulcrum may be possible [0052]].
n. Regarding claim 13, Nishioka discloses the working machine according to claim 8 comprising
battery 6 and an electric motor to be driven by electric power supplied from battery 6 wherein the cooling target includes at least one of the battery and the electric motor [a battery accommodating chamber 7 in which batteries 6 serving as a power source are accommodated; a motor (not shown) that is driven by power supplied from the batteries 6 [0033]].
n. Regarding claim 14, Nishioka discloses the working machine according to claim 13 wherein
the forced-air cooling heat exchanger includes a fan and a heat exchange assembly facing the fan cooling fans 24 face the heat exchangers 21, 22 to supply cooling air in the closed state of the openable/closable cover 20 [0044] and including a heat exchange portion to perform heat exchange between cooling air generated by driving the fan and the fluid [an oil cooler for cooling hydraulic oil and a condenser for air conditioner are provided as the first and second heat exchangers [0035] and the fan is configured to suck, as the cooling air, air surrounding battery 6 [a battery accommodating chamber 7 in which batteries 6 serving as a power source are accommodated; a motor (not shown) that is driven by power supplied from the batteries 6 [0033]] and discharge the air to outside the machine body through the ventilation opening, or to suck, as the cooling air, air outside the machine body through the ventilation opening and supply the air to surroundings of battery 6 [When the cooling fan 24 is driven in this state, outside air is sucked through the ventilation holes of the ventilation plate 29, and the sucked outside air serving as cooling air is adapted to be supplied to the first and second heat exchangers 21, 22 [0042].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jeffrey Ryan Larsen whose telephone number is (571) 270-5458. The examiner can normally be reached on Monday-Thursday 8am-4pm est.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amy Weisberg can be reached on (571) 270-5500. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/J. R. L./
Examiner, Art Unit 3612
/AMY R WEISBERG/Supervisory Patent Examiner, Art Unit 3612
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