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 .
Status of Claims
This Office Action is in response to the application filed on February 3, 2025. Claims 11-20 are presently pending and are presented for examination.
Information Disclosure Statement
The information disclosure statement (IDS) was submitted on February 3, 2025. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55 for IT102022000016590 dated August 4, 2022.
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The abstract of the disclosure is objected to because it is written in claim like format rather than narrative form. Correction is required. See MPEP § 608.01(b).
Claim Objections
Claims 12 and 16 are objected to because of the following informalities: the word “and” should be inserted before the final term in the listings of degrees for each of claims 12 and 16. 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.
Claims 13, 14, and 17 along with the corresponding dependent claims 15-16 are rejected under 35 U.S.C. 112(b), as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Regarding claim 13, the phrase "preferably equal" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d). For purposes of this Action, Examiner is interpreting the claim to mean the predefined angle is between one and ten degrees. Claim 17 is rejected under essentially the same reasoning.
The term “proximate” in claim 14 (two recitations) is a relative term which renders the claim indefinite. The term “proximate” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. For purposes of this Action, Examiner is interpreting this limitation to mean within a threshold distance.
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 is incorrect, any correction of the statutory basis 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.
Claims 11 and 18-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Pub. No. 2022/0204328 (hereinafter, “Iotti”; previously of record in the IDS filed February 3, 2025).
Regarding claim 11, Iotti discloses A rotary telescopic handler, comprising at least one vehicle, which is configured to move on the ground and is provided with at least a ladder arranged along one of its side walls, and a rotating assembly, which is supported by said vehicle with a possibility of rotation about a vertical axis, said assembly comprising at least one telescopic boom, adapted to support a work accessory, and a cab, configured for accommodation of an operator (see at least Fig. 1 and [0020]-[0022]; the telehandler comprises all claimed components, as shown at least in Fig. 1, Elements 1, 10, 12, 17, 18, and 122), and
further comprising an electronic unit associated with a respective actuation device, which can be activated selectively by an operator, said electronic unit being configured to actuate a rotation of said rotating assembly with respect to said vehicle about said vertical axis and being provided with instructions for an automatic rotation of said rotating assembly with respect to said vehicle, following an activation of said actuation device, to at least a first predefined arrangement, for facilitated access to said cab, wherein a door for access to said cab faces said ladder and is proximate thereto (see at least Fig. 1, [0025], [0043], and [0046]-[0048]; the processing unit (i.e., electronic unit) associated with a push button/touchscreen for activation for activating rotation of the rotating element. The rotation may be placed at the closest point to provide access to the ladder for the operator).
Regarding claim 18, Iotti discloses all of the limitations of claim 11. Additionally, Iotti discloses wherein said actuation device comprises a button arranged in said cab (see at least [0027]; pushbutton may be included).
Regarding claim 19, Iotti discloses all of the limitations of claim 18. Additionally, Iotti discloses wherein said button is mounted on a joystick which is arranged inside said cab and is configured to drive said vehicle and/or move said rotating assembly and/or said boom (see at least [0027]; joystick may be included).
Regarding claim 20, Iotti discloses all of the limitations of claim 11. Additionally, Iotti discloses further comprising an electronic central control element, provided with a BUS communication channel for controlling at least the rotation of said rotating assembly and the movement of said boom (see at least Fig. 10, [0051]-[0053], and the publication generally; all electrical components are electrically in communication with one another (i.e., a BUS is used)).
Claim Rejections - 35 USC § 103
Claims 12-17 are objected to as depending from a rejected claim but may be found allowable after the above objections and rejections are remedied. Examiner will provide reasons for indicating allowable subject matter after one or more of the claims is in a state of allowance.
Additional Relevant Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and may be found on the accompanying PTO-892 Notice of References Cited:
CN205737154 which pertains to adjusting a work machine to provide space to adjust a ladder for an operator to ascend or descend; and
JPH05295756 which pertains to adjusting a work machine to allow for ladder use.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIFFANY P YOUNG whose telephone number is (313)446-6575. The examiner can normally be reached M-R 6:30 AM- 4:30 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, Erin Bishop can be reached at (571) 270-3713. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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TIFFANY YOUNG
Primary Examiner
Art Unit 3665
/TIFFANY P YOUNG/Primary Examiner, Art Unit 3665
