DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. 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 § 102
2. 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.
3. 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.
4. Claims 1-2 and 5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ando (JP 2021038604 A).
Regarding claim 1, Ando discloses “A work machine including a machinery compartment, the work machine comprising: a machinery compartment exterior that covers the machinery compartment (9; Ando Fig 1); and a detector that detects external information of the work machine (11; Ando Fig 1), wherein the machinery compartment exterior includes a cover member (9b; Ando Fig 2) extending in a frontward/rearward direction in an upper portion of the machinery compartment exterior, and the detector includes a portion (9c; Ando Fig 2) located on a side of the machinery compartment with respect to the cover member.”
With respect to claim 2, Ando discloses “The work machine according to claim 1, wherein the detector (11; Ando Fig 1) includes an imaging device including at least one constituent member of a lens (14; Ando Fig 6) and a cover (12; Ando Fig 6), the cover member includes a first inclined portion (12a; Ando Fig 6) and a second inclined portion (13a; Ando Fig 6) connected to the first inclined portion, the first inclined portion is inclined to protrude to an outside of the work machine downward from above (12a; Ando Fig 6), and the second inclined portion is inclined to protrude to the outside of the work machine upward from below (13a; Ando Fig 6), and the at least one constituent member of the imaging device (14; Ando Fig 6) is exposed to an outside of the cover member via a through hole (13b; Ando Fig 6) provided in the second inclined portion (13a; Ando Fig 6).”
In reference to claim 5, Ando discloses “The work machine according to claim 1, further comprising a support (12d; Ando Fig 4) that supports the detector (11; Ando Fig 4), wherein the support is located on the side of the machinery compartment (9; Ando Fig 4) with respect to the cover member (9b; Ando Fig 4).”
Claim Rejections - 35 USC § 103
5. 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.
6. Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Ando (JP 2021038604 A) in view of Seki (US 20190352882 A1).
Regarding claim 3, Ando teaches “The work machine according to claim 1, wherein the machinery compartment exterior (9; Ando Fig 2) includes a door (9a; Ando Fig 2) located below the cover member (9b; Ando Fig 2)…”
Ando does not teach the cover member inside the door.
However, Seki teaches “… a position of an outermost end of the cover member (P2; Seki Fig 9) is located on an inner side of a position of an outermost end of the door (P1; Seki Fig 9) in a rightward/leftward direction.
Therefore, it would be obvious to one of ordinary skill in art, prior to the effective filing date of the claimed invention to have the cover member of Ando set behind the door of Ando, as taught by Seki, with a reasonable expectation of success for a more well protected detector.
7. Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Ando (JP 2021038604 A) in view of Yamada et al. (US 20190027820 A1).
Regarding claim 4, Ando teaches a detector (11; Ando Fig 1) on a cover member (9b; Ando Fig 2) having a flat upper surface (As seen in Ando Annotated Fig 3).
Ando does not teach an antenna.
However, Yamada et al. teaches an antenna (9b; Yamada et al. Fig 4) disposed on the upper surface of a cover (6c; Yamada et al. Fig 4).
Therefore, it would be obvious to one of ordinary skill in art, prior to the effective filing date of the claimed invention to have incorporated the antenna of Yamada et al. with the excavator of Ando with a reasonable expectation of success for an excavator configured to receive GPS information to pair with the sensor input and allow the work machine to further improve positioning determination.
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Conclusion
8. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Ito (JP 2012184600 A) teaches a work machine with a machinery compartment exterior.
Manabe (JP 2013204288 A) teaches an excavator with a machinery compartment exterior comprising an imaging device.
9. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL ROBERT DIGIOVANNANTONIO whose telephone number is (571)272-4526. The examiner can normally be reached Monday-Friday 7 a.m. to 5 p.m..
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 5712705500. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/D.R.D./Examiner, Art Unit 3612
/AMY R WEISBERG/Supervisory Patent Examiner, Art Unit 3612
