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 office action is in response to the amendment filed 12 May 2026, in which claims 1, 4-8, 12, 13, 15-17, and 19 were amended.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the cab member operably supported by one or more support brackets and positioned between an upper portion of the one or more support brackets and the cab frame, in combination with the cab member operably coupled with a second set of support brackets between an upper portion of the second set of support brackets and the cab frame (claim 12) must be shown or the feature(s) canceled from the claim(s). In addition, the cab member operably suspended above the one or more second support brackets on an opposing side of the one or more second support brackets from the base component, in combination with the cab member operably coupled with a second set of support brackets between an upper portion of the second set of support brackets and the cab frame (claim 16) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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 Objections
Claim 12 is objected to because of the following informalities: Examiner suggests adding a term such as “is” into claim 12, so that “wherein a first link operably coupled with” is changed to --wherein a first link is operably coupled with-- (lines 12-13). Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 12-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement, and as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. In addition, the claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention. The originally filed specification does not support newly added subject matter in claims 12 and 16, which constitutes new matter and is not enabled by the originally filed specification. The subject matter at issue in claim 12 includes the cab member operably supported by one or more support brackets and positioned between an upper portion of the one or more support brackets and the cab frame, in combination with the cab member operably coupled with a second set of support brackets between an upper portion of the second set of support brackets and the cab frame. The subject matter at issue in claim 16 includes the cab member operably suspended above the one or more second support brackets on an opposing side of the one or more second support brackets from the base component, in combination with the cab member operably coupled with a second set of support brackets between an upper portion of the second set of support brackets and the cab frame.
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 12-20 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 regards to claim 12, it is unclear how “a first bracket of a set of support brackets” (line 13) is related to previously claimed “one or more support brackets” and “a second set of support brackets”. Examiner suggests referencing subsequent recitations of the same feature using the term “the” or “said”, and using the same wording for the same features. Clarification and rephrasing are required.
Claim 12 recites the limitation "the first bracket of the second set of support brackets" in line 15. Applicant has previously claimed a first bracket of a set of support brackets, but not a first bracket of the second set of support brackets. There is insufficient antecedent basis for this limitation in the claim.
In regards to claim 16, it is unclear how “a second set of support brackets” (line 18) is related to previously claimed “one or more second support brackets”. Examiner suggests referencing subsequent recitations of the same feature using the term “the” or “said”, and using the same wording for the same features. Clarification and rephrasing are required.
Allowable Subject Matter
Claims 1-11 are allowed.
As best understood, claims 12-20 appear to be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, and the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action. Once Applicant has amended claims 12 and 16 to overcome these rejections, Examiner will make a further comparison to the prior art.
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 LAURA FREEDMAN whose telephone number is (571)272-2442. The examiner can normally be reached Monday-Friday 8am-4:30pm.
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 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.
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/LAURA FREEDMAN/
Primary Examiner
Art Unit 3614
Prosecution Insights