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 .
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. It is noted that there is no cab or mention of a cabless detail in the claims.
The following title is suggested: Loader Lift Arm with Cross Members. See MPEP § 606.01.
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 (i.e., changing from AIA to pre-AIA ) 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.
Claim(s) 9 and 13-14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Moriguchi et al. (US 8920105) (“Moriguchi”).
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Claim 9: a frame (1/2) having a front end and a rear end, a first width between opposed left and right sides of an upper frame portion, and a second width between opposed left and right sides of an undercarriage (FIG. 1);
a lift arm (8/9; a boom is a type of arm) having a front end and a rear end, wherein the rear end of the lift arm is attached to the frame proximate the left and right sides (FIG. 1);
a front axle (front at 1) attached to the frame and configured for mounting a first tractive element;
a rear axle (rear at 1) attached to the frame and configured for mounting a second tractive element; and
a first actuator (11) attached to the lift arm at a first joint and attached to the frame at a second joint, wherein the second joint is positioned forward of the front axle (see modified FIG. 1 above; the left vertical line is positioned forward of the right vertical line);
Claim 13: a second actuator (13) attached to the lift arm at a third joint and configured for attachment to an implement at a fourth joint (FIG. 1);
Claim 14: the implement, wherein the implement is configured as a bucket (FIG. 1; 10).
Claim(s) 16-17 and 19-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Summa (US 4439088).
Claim 16: a first cross member comprising:
a first cross brace (62);
a first left lateral branch extending from a left side of the first cross brace and terminating at a left rear joint at the first end (one 28);
a first right lateral branch extending from a right side of the first cross brace and terminating at a right rear joint at the first end (another 28);
a first elongated member attached to the first cross member at a juncture of the first cross brace and the first left lateral branch (one 64);
a second elongated member attached to the first cross member at a juncture of the first cross brace and the first right lateral branch, wherein the second elongated member is parallel to the first elongated member (another 64); and
a second cross member comprising:
a second cross brace (50);
a second left lateral branch extending from a left side of the second cross brace and terminating at a left front joint at the second end (one 22 and/or 44); and
a second right lateral branch extending from a right side of the second cross brace and terminating at a right front joint at the second end (another 22 and/or 44);
Claim 17: a third cross member that spans between the second left and right lateral branches proximate the left and right front joints (42);
Claim 19: wherein each of the first left and right lateral branches comprises an inner angled wall and an outer angled wall (Fig. 3; angled walls shown therein) joined by top and bottom walls (at 32);
Claim 20: wherein at least one of the first and second cross braces comprises two side plates joined by a bushing brace (50 has couplings 48 which have a bushing brace for connection/etc. thereto).
Allowable Subject Matter
Claims 1-8 are allowed.
The following is an examiner’s statement of reasons for allowance:
Claim 1 overcomes the prior art since it requires a first cross member spanning the first width and configured for attachment to the frame at the first and second joints, a first elongated member having a first end and an opposed second end, wherein the first end of the first elongated member is attached to the first cross member inward of a respective inner wall of a respective chain case housing, and a second cross member attached to the second end of the first elongated member, wherein the second cross member is configured for attachment to an implement in combination with the other claim limitations.
The prior art of record does not disclose this combination of limitations. For example, US Patent Application Publication No. 2019/0003147 to Rosenpek et al. discloses lift arm 214, however, Rosenpek does not disclose a first cross member spanning the first width and configured for attachment to the frame at the first and second joints, a first elongated member having a first end and an opposed second end, wherein the first end of the first elongated member is attached to the first cross member inward of a respective inner wall of a respective chain case housing, and a second cross member attached to the second end of the first elongated member, wherein the second cross member is configured for attachment to an implement in combination with the other claim limitations. Similarly, other prior references do not disclose all the limitations of the independent claim. Therefore, the claims are allowed.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Claims 10-12, 15, and 18 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 prior art does not disclose:
Claim 10. The power machine of claim 9, wherein the lift arm comprises:
a first cross member spanning the first width;
a first elongated member having opposed first and second ends, wherein the first end is attached to the first cross member inward of the left and right sides of the undercarriage; and
a second cross member attached to the second end of the first elongated member and spanning the second width;
Claim 15. The power machine of claim 9, wherein the lift arm is attached to the frame rearward of the rear axle;
Claim 18: each of the first and second elongated members is configured as a tube;
in combination with the other claim limitations.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2023/0070927 discloses lift arm 30 (102(a)(2) date: Sep. 7, 2021).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Gerald McClain whose telephone number is (571)272-7803. The examiner can normally be reached Monday through Friday from 8:30 a.m. to 5:00 p.m. and at gerald.mcclain@uspto.gov (see MPEP 502.03 (II)).
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, Saul Rodriguez can be reached at (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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/Gerald McClain/Primary Examiner, Art Unit 3652
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