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 .
Acknowledgement
Examiner acknowledges receipt of Applicant’s Amendment to the Claims (filed 11/7/2025).
Claim Objections
Claims 1-17 are objected to because of the following informalities:
in claim 1 line 2, “upward” should be changed to --upwardly--;
in claim 1 line 11, “the switches” should be changed to --the switching switches--;
in claim 1 line 12, “the display device” should be changed to --the digital display device--;
in claim 2 lines 1-2, “the display device” should be changed to --the digital display device--;
in claim 3 line 1, “the display device” should be changed to --the digital display device--;
in claim 7 line 3, “adjacent surface” should be changed to --an adjacent surface--;
in claim 11 line 2, “lever” should be changed to --levers--;
in claim 14 line 2, “lever” should be changed to --levers--;
in claim 17 line 2, “upward” should be changed to –upwardly--;
in claim 17 line 11, “the switches” should be changed to --the switching switches--;
in claim 17 line 12, “the display device” should be changed to --the digital display device--.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
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.
Claims 12-14 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
In claim 12 lines 1 and 3, it is unclear to whether the limitations “a switching switch” and “the switching switch”, respectively, are the same as or different from the limitation “switching switches” recited in claim 1 from which claim 12 directly depends. Therefore, claim 12 is rendered indefinite.
In claim 13 line 1, it is unclear to whether the limitation “the switching switch” is the same as or different from the limitation “switching switches” recited in claim 1 from which claim 13 indirectly depends. Therefore, claim 13 is rendered indefinite.
In claim 14 lines 1-2, it is unclear to whether the limitation “the switching switch” is the same as or different from the limitation “switching switches” recited in claim 1 from which claim 14 indirectly depends. Therefore, claim 14 is rendered indefinite.
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 (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 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 1-6 and 11-17 are rejected under 35 U.S.C. 103 as being unpatentable over Shimada et al. (WO 2019/054165 A1) in view of Windisch (US 11,661,183 B2), and Tamura et al. (US 2023/0183942 A1).
Regarding claims 1 and 15-17, Shimada et al. (at least Figs. 1-16) discloses a work machine 1 comprising an operation box 152 that is disposed in front of a driver's seat 39 and supports a pair of left and right operation levers 36L, 36R protruding upward from an upper surface swingably in a front-rear direction (at least Figs. 1, 6, 7, 9, 10, 12, 13), wherein
the operation box 152 has a display device 58, 157 disposed on the upper surface and notifying a state of the work machine 1, and
the display device 58, 157 is disposed on an outer side of one swing area of the pair of left and right operation levers 36L, 36R on the upper surface and disposed on one side in a left-right direction with respect to a middle area interposed between left and right swing areas (at least Figs. 1, 6, 7, 9, 10, 12, 13).
But Shimada et al. (at least Figs. 1-16) does not explicitly disclose a digital display device configured to display information including at least one of operation time, or a charge amount of a battery, or an abnormality of the work machine,
wherein the work machine further comprises switching switches for enabling predetermined function of the work machine, the switches being disposed on a side opposite to a side on which the display device is disposed in the left-right direction with respect to the middle area.
Windisch (at least Figs. 1 & 5) discloses that it is known in the art to provide a machine 10, comprising a digital display device 70,
wherein the machine 10 further comprises switching switches 64 for enabling predetermined function of the machine, the switches being disposed on a side opposite to a side on which the display device is disposed in the left-right direction with respect to the middle area.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the machine of Shimada et al. with the digital display device and the switching switches according to the teachings of Windisch, in order to achieve the desirable result of facilitating operation of the work machine.
Further, Tamura et al. (at least Figs. 1-15) discloses that it is known in the art to provide a digital display device 2, 23 (at least Figs. 1-3, 5-9, 15) notifying a state of a work machine 3, and configured to display information including at least one of operation time R10 (claims 1, 17), or a charge amount of a battery R3 (claims 1, 17), or an abnormality R5 of the work machine (claims 15, 16, 17).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the machine of the combination of Shimada et al. and Windisch as modified above with the digital display device according to the teachings of Tamura et al., in order to achieve the desirable result of further facilitating operation of the work machine.
Regarding claims 2-6 and 11-14, the combination of Shimada et al., Windisch, and Tamura et al. as modified above discloses the work machine 1,
(claim 2) wherein the display device is disposed on the one side in the left-right direction with respect to both of columns of the pair of left and right operation levers 36L, 36R (at least Figs. 1, 6, 7, 9, 10, 12, 13 of Shimada et al.);
(claim 3) wherein the display device 58, 157 is disposed on the one side in the left-right direction with respect to both openings provided in the upper surface and through which each of columns of the pair of left and right operation levers 36L, 36R passes (at least Figs. 1, 6, 7, 9, 10, 12, 13 of Shimada et al.);
(claim 4) further comprising an operation tool 155 for setting a target rotation speed of a prime mover of the work machine 1, wherein the operation tool 155 is disposed on one side in the left-right direction with respect to the middle area on the upper surface (at least Figs. 1, 6, 7, 9, 10, 12, 13 of Shimada et al.);
(claim 5) wherein the operation tool 155 is disposed on the same side as a disposed side of the display device 58, 157 in the left-right direction with respect to the middle area on the upper surface (at least Figs. 1, 6, 7, 9, 10, 12, 13 of Shimada et al.);
(claim 6) wherein the display device 58, 157 is disposed adjacent to the operation tool 155 (Shimada et al.);
(claim 11) wherein the display device 58, 157 is disposed in front of the pair of left and right operation lever 36L, 36R (at least Figs. 1, 6, 7, 9, 10, 12, 13 of Shimada et al.);
(claim 12) (as best understood) further comprising a switching switch 155 for enabling a predetermined function of the work machine 1, wherein the switching switch 155 is disposed on one side in the left-right direction with respect to the middle area on the upper surface (at least Figs. 1, 6, 7, 9, 10, 12, 13 of Shimada et al.);
(claim 13) (as best understood) wherein the switching switch 155 is disposed on a side opposite to a side on which the display device 58, 157 is disposed in the left-right direction with respect to the middle area (see highlighted text in machine translation of WO 2019/054165 A1 provided with Office Action mailed 7/11/2025);
(claim 14) (as best understood) wherein the switching switch 155 is disposed in front of the pair of left and right operation lever 36L, 36R (at least Figs. 1, 6, 7, 9, 10, 12, 13 of Shimada et al.).
Regarding claim 7, the combination of Shimada et al., Windisch, and Tamura et al. as modified above discloses the claimed invention but does not explicitly disclose the work machine, further comprising: a start switch disposed on a side surface of the operation box 152 (of Shimada et al.) and for starting the work machine, the side surface being adjacent surface to the upper surface and extending in a different direction from the upper surface, wherein the start switch is disposed adjacent to the operation tool 155 in a plan view.
Windisch (at least Figs. 1 & 5) discloses that it is known in the art to provide a machine 10, comprising a start switch 63 disposed on a side part of cockpit controls 60 and for starting the machine 10, wherein the start switch 63 is disposed adjacent to an operation tool 61 in a plan view (Fig. 5).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to further provide the operation box 152 (Shimada et al.) of the combination of Shimada et al., Windisch, and Tamura et al. as modified above with the start switch 63 according to the teachings of Windisch, in order to achieve the desirable result of facilitating start operation of the work machine.
While Windisch (at least Figs. 1 & 5) does not explicitly disclose the start switch 63 being disposed on a side surface of the cockpit controls 60, the side surface being adjacent surface to an upper surface and extending in a different direction from the upper surface, it would have been an obvious matter of design choice to dispose the start switch 63 on a side surface of the cockpit controls 60, the side surface being adjacent surface to an upper surface and extending in a different direction from the upper surface, since applicant has not disclosed that the start switch being disposed on a side surface of the operation box, the side surface being adjacent surface to an upper surface and extending in a different direction from the upper surface solves any stated problem or is for any particular purpose and it appears that the invention would perform equally well with the start switch being positioned on a side part of the cockpit controls 60 as disclosed by Windisch.
Claims 8 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Shimada et al. (WO 2019/054165 A1) in view of Windisch (US 11,661,183 B2), Tamura et al. (US 2023/183942 A1) as applied to claim 7 above, and further in view of Lee et al. (US 2022/0134880 A1).
Regarding claims 8 and 9, the combination of Shimada et al., Windisch and Tamura et al. as modified above discloses the claimed invention further comprising various operation members disposed in the rear of the operation tool 155 on the upper surface of the operation box 152 (see highlighted text in machine translation of Shimada et al. WO 2019/054165 A1 provided with Office Action mailed 7/11/2025; also see Fig. 9 of Shimada et al.) but does not explicitly disclose the work machine,
(claim 8) further comprising a lamp that is turned on at the time of warning, wherein the lamp is disposed in the rear of the operation tool 155 on the upper surface of the operation box 152;
(claim 9) wherein the lamp is turned on, when a seat belt of the driver's seat is not fastened after the work machine is started by the start switch 63 (of Windisch).
Lee et al. (Figs. 1-2) discloses that it is known in the art to provide a vehicle 1,
(claim 8) further comprising a lamp 30 that is turned on at the time of warning, wherein the lamp is disposed on a dashboard/instrument panel/cluster 130;
(claim 9) wherein the lamp 30 is turned on, when a seat belt of the driver's seat is not fastened after the vehicle is started by a start switch.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the operation box 152 (Shimada et al.) of the combination of Shimada et al., Windisch, and Tamura et al. as modified above with the seat belt warning lamp 30 according to the teachings of Lee et al., in order to achieve the desirable result of providing a warning when a seat belt of the driver’s seat is not fastened after the work machine is started by the start switch.
While the combination of Shimada et al., Windisch, Tamura et al., and Lee et al. as modified above does not explicitly disclose wherein the lamp 30 (of Lee et al.) is disposed in the rear of the operation tool 155 (of Shimada et al.) on the upper surface of the operation box 152 (of Shimada et al.), it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to dispose the lamp 30 (of Lee et al.) in the rear of the operation tool 155 (of Shimada et al.) on the upper surface of the operation box 152 (of Shimada et al.), since Shimada et al. discloses various operation members disposed in the rear of the operation tool 155 on the upper surface of the operation box 152 (see highlighted text in machine translation of Shimada et al. WO 2019/054165 A1 provided with Office Action mailed 7/11/2025; also see Fig. 9 of Shimada et al.) and since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Shimada et al. (WO 2019/054165 A1) in view of Windisch (US 11,661,183 B2), Tamura et al. (US 2023/183942 A1) as applied to claim 4 above, and further in view of Saito (U.S. Patent 12,024,858 B2).
Regarding claim 10, the combination of Shimada et al., Windisch, and Tamura et al. as modified above discloses the claimed invention but does not explicitly disclose wherein the operation tool 155 is a dial.
Saito (at least Figs. 1-11) discloses that it is known in the art to provide a work machine 150, wherein an operation tool is a dial 32, so the operator can select one of multiple target rotational speeds by rotating the dial 32 (at least column 4 lines 15-31).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to replace the operation tool 155 of the combination of Shimada et al., Windisch, and Tamura et al. as modified above with the dial 32 according to the teachings of Saito, in order to achieve the desirable result of facilitating operability of the operation tool and the resulting rotational speed.
Response to Arguments
Applicant’s arguments with respect to the claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSELYNN Y SLITERIS whose telephone number is (571)272-6675. The examiner can normally be reached Monday-Friday 8:30am - 5:00pm EST.
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, Jason D. Shanske can be reached at 571-270-5985. 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.
/JOSELYNN Y SLITERIS/Examiner, Art Unit 3614
/JASON D SHANSKE/Supervisory Patent Examiner, Art Unit 3614