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 .
This communication is in response to application No. 18/976,775, filed on 12/11/2024. Claims 1-13 are currently pending and have been examined. Claims 1-9 and 12-13 have been rejected as follows. Claim 10-11 are objected to.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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 1-5 and 12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yasushi (JP 2003312248 A).
Regarding claim 1, Yasushi discloses a cabin (10, Fig. 3 & 5) mounted on a working machine (page 5, [0001], construction machine), comprising a protective frame (57, Fig. 8; see annotated Figure 1 below) vertically provided around an operator's seat (Fig. 8B) included in the working machine; a roof (15, Fig. 3 & 5) provided at an upper portion of the protective frame; and a front window (see annotated Figure 1 below) provided at a front portion of the protective frame, wherein the front window is vertically divided into an upper window portion (25, Fig. 3), which is coupled (16, 11; Fig. 3) to a window frame at the front portion of the protective frame so as to be movable (via rail 11 and roller 16, Fig. 3) toward a lower surface of the roof (15, Fig. 3 & 5), and a lower window portion (27, Fig. 3) detachably coupled (29, 30, 31, Fig. 4; page 6, [00010], paragraph 4) to the window frame (at 22 & 29, Fig. 4), the window frame includes a lower window stay (29, Fig. 4) to engage with and support a lower edge of the lower window portion, and a lock receiver (22, Fig. 4, see annotated Figure 1 and Figure 2 below) to hold a side edge of the lower window portion in a closed position, and the lower window portion (27, Fig. 3) includes at least one lock (30, 31, Fig. 4; see annotated Figure 1 and Figure 2 below) to be fitted to the lock receiver (22, Fig. 4) when the side edge of the lower window portion is overlapped with the window frame (see annotated Figure 1 and Figure 2 below).
Figure 1:
PNG
media_image1.png
643
586
media_image1.png
Greyscale
Figure 2:
PNG
media_image2.png
565
723
media_image2.png
Greyscale
Regarding claim 2, Yasushi further discloses wherein the at least one lock includes a plurality of locks (31, Fig. 4) disposed on both left and right side edges (see annotated Figure 2 above) of the lower window portion (27, Fig. 4).
Regarding claim 3, Yasushi discloses all of the claimed limitations of the invention as claimed in claim 2 above, and further discloses wherein the lock (30, 31, Fig. 4) or the lock receiver (22, Fig. 4) includes a lock release operation element (see annotated Figure 2 above) to manually release fitting between the lock and the lock receiver, such that the fitting (30, Fig. 4) between the lock and the lock receiver is released by a release operation of the lock release operation element (see annotated Figure 2 above).
Regarding claim 4, Yasushi discloses all of the claimed limitations of the invention as claimed in claim 3 above, and further discloses wherein the lock (30, 31, Fig. 4) includes a lock body (see annotated Figure 2 above) to support the lock release operation element (see annotated Figure 2 above), and the lock body is provided on a rear portion of the lower window portion (27, Fig. 3-4) to bulge rearward.
Regarding claim 5, Yasushi discloses all of the claimed limitations of the invention as claimed in claim 4 above, and further discloses wherein the lock release operation element (see annotated Figure 2 above) is provided at a side portion of the lock body (see annotated Figure 2 above) near a center in a left-right direction of the lower window portion (27, Fig. 4), and the release operation is a pulling operation of moving (page 6, [00010], paragraph 4) the lock release operation element toward the center in the left-right direction of the lower window portion.
Regarding claim 12, Yasushi further discloses wherein the lock (30, 31, Fig. 4) is fitted to the lock receiver (22, Fig. 4) by the side edge being pressed against the window frame from an inner side to an outer side of the cabin (see annotated Figure 2 above) in a state in which the lower edge of the lower window portion (27, Fig. 4) is supported by the lower window stay (29, Fig. 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 6-7 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Yasushi (JP 2003312248 A) in view of Masahiro et al (JP 2004068320 A).
Regarding claim 6, Yasushi discloses all of the claimed limitations of the invention as claimed in claim 1 above. However, Yasushi does not expressly disclose wherein the lower window portion includes at least one first cutout to engage with the lower window stay and to inhibit the lower window portion from moving in a left-right direction.
Masahiro et al teaches a working machine (Fig. 12) that has a cabin (3, Fig. 12) with a removable window (6, Fig. 4 & 12; abstract) wherein the window includes at least one first cutout (on engagement bracket 46, Fig. 4) to engage (Fig. 1, para. [0023], lines 3-5; [0026], lines 1-3) with the window stay (sealing rubber 36, Fig. 1; [0023]) and to inhibit the window from moving in a left-right direction in the analogous field of the claimed invention of construction machine front windows.
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 lower window portion of Yasushi to include the type of cutouts as taught by Masahiro et al. Doing so would hinder any movement or vibration of the window during operation of the vehicle.
Regarding claim 7, Yasushi in view of Masahiro et al discloses all of the claimed limitations of the invention as claimed in claim 6 above, and Masahiro et al further discloses wherein the at least one first cutout (46, Fig. 4) includes, on the lower edge of the lower window portion (6, Fig. 4), a pair (46 has two cutouts, Fig. 4) of first cutouts spaced apart from each other in the left-right direction.
Regarding claim 13, Yasushi discloses all of the claimed limitations of the invention as claimed in claim 1 above, including the cabin according to claim 1. However, Yasushi does not explicitly disclose that the working machine has a machine body and a working device provided on the machine body.
Masahiro et al teaches that a working machine (Fig. 12, hydraulic excavator) comprises a machine body (4, Fig. 12); a working device (5, Fig. 12) provided on the machine body (4, Fig. 12); and a cabin (3, Fig. 12) in the analogous field of the claimed invention of construction machines.
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 working machine of Yasushi by providing it with the working device and machine body as taught by Masahiro et al. Doing so would enhance excavation and other heavy duty work on a construction site.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Yasushi (JP 2003312248 A) in view of Sakyo et al (US Patent No. 5,722,108).
Regarding claim 8, Yasushi discloses all of the claimed limitations of the invention as claimed in claim 1 above, and further discloses the use of a wiper for the window (page 6, [00010], paragraph 2, lines 5-6). However, Yasushi does not expressly disclose wherein the wiper includes a blade in contact with the outer surface, an arm to support the blade slidably along the outer surface, and a wiper drive to swing the arm, and the wiper drive is provided on the window frame, at a position close to an outside of the window frame in the left-right direction.
Sakyo et al teaches a cabin (4, Fig. 8-9) mounted on a working machine (Fig. 8, column 1, lines 14-23) having a wiper (22, Fig. 1 & 4; column 4, lines 30-32) that includes a blade (22b/c, Fig. 1 & 4; column 5, lines 49-54) in contact with the outer surface (20a, Fig. 1 & 4), an arm (22a, Fig. 1 & 4) to support the blade slidably along the outer surface, and a wiper drive (wiper motor and a link mechanism, 34, Fig. 2; column 5, lines 35-37) to swing the arm (22a, Fig. 1), and the wiper drive (wiper link mechanism at base of oscillating arm 22a attached at 21) is provided on the window frame (21, Fig. 1), at a position close to an outside of the window frame (21, Fig. 1) in the left-right direction in the analogous field of the claimed invention of construction machine front windows.
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 cabin of Yasushi to include the type of wiper as taught by Sakyo. Doing so would provide a convenient and unobtrusive way to clear the window of rain or debris for visibility and operator’s safe maneuvering heavy machinery.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Yasushi (JP 2003312248 A) in view of Sakyo et al (US Patent No. 5,722,108) further in view of Jin (KR 20100042325 A).
Regarding claim 9, Yasushi in view of Sakyo et al discloses all of the claimed limitations of the invention as claimed in claim 8 above, and Sakyo et al further discloses wherein the wiper drive (wiper link mechanism at base of oscillating arm 22a attached at 21) is provided on the window frame (21 near bottom of 20, Fig. 1) at a position below the top part of the upper window portion. However Yasushi in view of Sakyo et al does not expressly disclose the wiper drive at a position lower than the upper window portion.
Jin teaches a cabin (20, Fig. 2) mounted on a working machine (Fig. 1) having a window (G, Fig. 2) with a wiper device (10, Fig. 2) with a wiper blade (13, Fig. 2), wiper arm (17, Fig. 2), wiper drive (11, Fig. 3) where the wiper drive (11, Fig. 3) is at a position lower than the upper window portion (G, Fig. 2) in the analogous field of the claimed invention of construction machine front windows.
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 wiper of Yasushi in view of Sakyo et al to include a wiper drive as taught by Jin. Doing so would provide an alternate location for powering the oscillation of a wiper arm to clear debris from a working machine window.
Allowable Subject Matter
Claims 10-11 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.
The following is a statement of reasons for the indication of allowable subject matter: The primary reason for indication of allowable subject matter in claim 10 is the combination of a cabin mounted on a working machine having an upper window portion sliding toward the cabin roof and lower window portion detachable from the window frame with a wiper drive “wherein the window frame includes a wiper bracket to support the wiper drive, and an upper edge of the wiper bracket is aligned in the left-right direction with an upper edge of the lower window portion when in the closed position and is provided as an abutting end portion to abut against a lower edge of the upper window portion”. This structure avoids interference with the roof and detachable lower window portion; and it reduces obstruction of the operator’s view as well as improving operability for opening, closing, and removing the lower window portion. Applicant’s wiper bracket 37 and wiper drive 36c are less likely to obstruct the field of view through the upper window portion 51, therefore the visibility of the front of the machine body 2 for the operator is improved. Such limitations, in combination with the rest of the limitations of the claim, are not disclosed or suggested by the prior art of record. The closest prior art of Yasushi (JP 2003312248 A) and Masahiro et al (JP 2004068320 A) do not disclose these features. The closest prior art of Kazakoff et al (US 2016/0176449) discloses a cabin (100, Fig. 24) mounted on a working machine (Fig. 24); the cabin having a roof (110, Fig. 14) provided at an upper portion of the protective frame (para. [0151]); and a front window vertically divided into an upper window portion (326, Fig. 14) and a lower window portion (328, Fig. 14). The window has a wiper (454, Fig. 23) to wipe an outer surface of the upper window portion (326, Fig. 14), wherein the wiper includes a blade (454, Fig. 23; [0197], line 13) in contact with the outer surface, an arm (Fig. 23) to support the blade slidably along the outer surface at a position lower than the upper window portion (326, Fig. 14), a wiper bracket (448, Fig. 23) and a wiper drive to swing the arm. The closest prior art of Jin (KR 20100042325 A) discloses a cabin (20, Fig. 2) mounted on a working machine (Fig. 1) having a window (G, Fig. 2) with a wiper device (10, Fig. 2) comprising a wiper blade (13, Fig. 2), wiper arm (17, Fig. 2), wiper motor (11, Fig. 3), fixing frame (22, Fig. 2-3) and a fixing bracket (23, Fig. 2-3). However, both Kazakoff et al or Jin fail to disclose “wherein the window frame includes a wiper bracket to support the wiper drive, and an upper edge of the wiper bracket is aligned in the left-right direction with an upper edge of the lower window portion when in the closed position and is provided as an abutting end portion to abut against a lower edge of the upper window portion”. Claim 11 contains allowable subject matter by virtue of dependency from claims 10.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Yamashita et al (US 2016/0090713) at (143, Fig. 11-12 & 14-15), Larkin et al (US Patent No. 5,076,635) at (74, Fig. 2), and Houriez (US Patent No. 5,362,118) at (12, Fig. 5) disclose working machines that have a cabin window assembly with locks. Murakami et al (US 2010/0032984) at (Fig. 2), Ohnishi et al (US 2014/0110972) at (5f, Fig. 2), Martin, Jr. (US Patent No. 6,561,572) at (Fig. 1), Goddard et al (US Patent No. 8,016,345) at (Fig. 9), and Uchida et al (US 2015/0130219) at (45, Fig. 11) disclose working machines that have a wiper mounted to a frame to wipe an outer surface of the upper window portion. Gerst et al (US Patent No. 5,272,836) and Tindall et al (US Patent No. 4,518,195) disclose working machines that have a cabin window assembly with two part window constructions. Hutson (US 2013/0269884) discloses a working machine window with a cover having cutouts (25a, Fig. 5) for attachment with stays (24, Fig. 5) for limiting movement.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Denise L Esquivel whose telephone number is (703)756-5825. The examiner can normally be reached Monday- Thursday 7:30 am-5:00 pm, alternate Fridays 7:30 am-4:00 pm.
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, Amy Weisberg can be reached at 571-270-5500. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/D.L.E./Examiner, Art Unit 3612
/AMY R WEISBERG/Supervisory Patent Examiner, Art Unit 3612
Prosecution Insights