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 action is in reply to the Applicant’s claims, filed on 06/03/2025.
Claims 17 has been amended.
Claims 1-15 have been canceled.
Claims 16-34 are currently pending and have been examined.
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.
Claim 16 is 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.
Claim 16 recites: differently dimensioned version-dependently. It is unclear what the phrase “differently dimensioned version-dependently” is claiming as the phrase does not define what dimension or configuration is dependent on a version, what the versions are, or what dimensions are different. Therefore, one of ordinary skill in the art would not be reasonably appraised of the scope of the invention. Examiner is reading the phrase as different variations differ in length.
Claims 17-34 are rejected for depending on a rejected indefinite claim.
Claim Rejections - 35 USC § 103
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 16, 18-24, 27-31, and 33-34 are rejected under 35 U.S.C. 103 as being unpatentable over Fischer et al. (US6,773,056) in view of Haas et al. (EP0716005).
Claim 16. Fischer discloses: An assembly kit system for differently dimensioned driver's cab versions of a driver's cab (drivers cab 1, Fig. 1-2) of a utility vehicle (structure of Fig. 1-2), comprising:
a front wall, which is the same for the different driver's cab versions (front wall 6, Fig. 1-2);
a first driver's cab shell construction longitudinal section (basic module 2, Fig. 1-2), which:
is the same for the different driver's cab versions (2 is the same for different cab built on modules 14, Fig. 1-2);
is connectable to the front wall (2 is coupled to 1, Fig. 1-2);
comprises two opposite B-pillars (B columns 10, Fig. 1-2); and
a second driver's cab shell construction longitudinal section (built on modules 14, Fig. 1-2), which:
is differently dimensioned version-dependently (configurations of 14 differ in length from one another, Fig. 1-2; Col. 3, lines 50-54), is connectable to the first driver's cab shell construction longitudinal section for extending the driver's cab rearwards (Fig. 1-2).
Fischer does not disclose: a first driver’s cab shell that widens outwards from the front wall and a second driver’s cab shell that widens outwards from the first driver's cab shell construction longitudinal section towards a rear end of the second driver's cab shell construction longitudinal section.
Haas discloses a series of cabs for front-steering trucks with at least two versions of forward-tilting cabs of different widths, lengths and heights.
Hass teaches: a first driver’s cab shell (structure of cab for a truck, Fig. 2A-2C; [0002]) that widens outwards from the front wall (side structure at doors 12, 13 widen outward from front wall 1, Fig. 2A-2C) and a second driver’s cab shell that widens outwards from the first driver's cab shell construction longitudinal section towards a rear end of the second driver's cab shell construction longitudinal section (side walls 7, 8 widen outward from first drivers cab to second, Fig. 2A-2C).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the modular drivers cab of Fischer by including various sidewalls that widen outward from front to back for a cab of a truck as taught by Haas with a reasonable expectation of success in order to reduce manufacturing complexity and cost while still providing cab variants for different applications as taught by Haas ([0008-0009]).
Claim 18. Fischer in view of Haas teach: The assembly kit system according to claim 16, wherein: at least two, at least three or at least four differently long and/or differently wide versions of the second driver's cab shell construction longitudinal section are comprised (Fischer: plurality of 14, Fig. 1).
Claim 19. Fischer in view of Haas teach: The assembly kit system according to claim 16, wherein: the second driver's cab shell construction longitudinal section is an end section for a rear end of the driver's cab (Fischer: 14 comprises of rear wall 15, Fig. 1-2; Haas: back wall 4, Fig. 1-2B).
Claim 20. Fischer in view of Haas teach: The assembly kit system according to claim 16, wherein: the second driver's cab shell construction longitudinal section is connectable to the first driver's cab shell construction longitudinal section at the B-pillars or in the region of the B-pillars; and/or the first driver's cab shell construction longitudinal section ends at the two B-pillars (Fischer: 14 is coupled to 10, Fig. 1-2).
Claim 21. Fischer in view of Haas teach: The assembly kit system according to claim 16, wherein: the first driver's cab shell construction longitudinal section and the second driver's cab shell construction longitudinal section widen substantially uniformly with respect to each other (Haas: Fig. 2A-2B).
Claim 22. Fischer in view of Haas teach: The assembly kit system according to claim 16, wherein: the second driver's cab shell construction longitudinal section widens outwardly differently wide version-dependently from the first driver's cab shell construction longitudinal section towards a rear end of the second driver's cab shell construction longitudinal section (Haas: width br1 and br2 is different across variations, Fig. 2A-2C).
Claim 23. Fischer in view of Haas teach: The assembly kit system according to claim 16, wherein: the second driver's cab shell construction longitudinal section comprises a rear wall flange for connecting a rear wall to the second driver's cab shell construction longitudinal section (Fischer: implicit coupling structure between 15 and sidewalls 24, roof 26 and bottom 25, Fig. 1-2; Haas: implicit coupling structure between 4 and sidewalls 7, 8; Fig. 2A-2B); and the rear wall flange comprises a distance from a center longitudinal axis of the second driver's cab shell construction longitudinal section which is the same for the different driver's cab versions (Haas: 4 is the same for Fig. 2A and 2B).
Claim 24. Fischer in view of Haas teach: The assembly kit system according to claim 16, further comprising: a rear wall, which: is the same for the different driver's cab versions, and is connectable to the second driver's cab shell construction longitudinal section (Haas: 4 is the same for Fig. 2A and 2B).
Claim 27. Fischer in view of Haas teach: The assembly kit system according to claim 16, wherein: the first driver's cab shell construction longitudinal section and/or the front wall comprises a door flange (Fischer: door frame 5, Fig. 1-2) for connecting a driver's cab door (Fischer: door 4, Fig. 1-2) to the first driver's cab shell construction longitudinal section and/or the front wall (Fischer: Fig. 1-2); and the door flange is the same for the different driver's cab versions (Fischer: 4 and 5 are the same for all variations of 14, Fig. 1-2).
Claim 28. Fischer in view of Haas teach: The assembly kit system according to claim 16, further comprising: a driver's cab door (Fischer: door 4, Fig. 1-2), which: is the same for the different driver's cab versions (Fischer: 4 is the same for all variations of 14, Fig. 1-2), and is movably connectable to the first driver's cab shell construction longitudinal section and/or the front wall (Fischer: implicit opening and closing of 4, Fig. 1-2).
Claim 29. Fischer in view of Haas teach: The assembly kit system according to claim 16, further comprising: a driver's cab floor, which is differently long version-dependently (Fischer: bottom 8 of 1 changes with 14, Fig. 1-2; Haas: floor 6, 11 will implicitly change with variations of 7, 8; Fig. 2A-2C) ; and is connectable to the front wall, the first driver's cab shell construction longitudinal section and the second driver's cab shell construction longitudinal section (Fischer: floor is coupled to the 1, Fig. 1-2; Haas: 6, 11 is coupled to 12, 13 and 7, 8; Fig. 2A-2C).
Claim 30. Fischer in view of Haas teach: The assembly kit system according to claim 16, further comprising: a driver's cab roof (Fischer: roof 9, Fig. 1-2; Haas: roof 5, 10; Fig. 3), which: is differently long version-dependently (Fischer: 9 length changes with 14, Fig. 1-2; Haas: 5 and 10 vary; Fig. 3); and is connectable to the first driver's cab shell construction longitudinal section and the second driver's cab shell construction longitudinal section (Fischer: 9 is coupled to 1, Fig. 1-2; Haas: 5, 10 are coupled 12, 13; Fig. 2A-2C, 3).
Claim 31. Fischer in view of Haas teach: The assembly kit system according to claim 16, wherein: the second driver's cab shell construction longitudinal section widens outwardly substantially continuously (Haas: Fig. 2A-2C); at least one side flap is attachable to the second driver's cab shell construction longitudinal section; or a driver's cab door is pivotably connectable to the first driver's cab shell construction longitudinal section and/or the front wall (Fischer: door 4 is coupled to 1, Fig. 1-2; : implicit opening and closing of 4).
Claim 33. Fischer in view of Haas teach: A method for manufacturing a driver's cab of a utility vehicle, comprising: manufacturing the driver's cab by means of an assembly kit system according to claim 16 (Fischer: modularly constructed; Fig. 2; Col. 4, lines 14-21).
Claim 34. Fischer in view of: The method of claim 33, wherein the utility vehicle is a truck (Haas: structure of cab for truck, Fig. 2A-2C; [0002]).
Claims 17 and 32 are rejected under 35 U.S.C. 103 as being unpatentable over Fischer et al. (US6,773,056) in view of Haas et al. (EP0716005) and further in view of Baggett et al. (US6,682,129).
Claim 17. Fischer in view of Haas teach: The assembly kit system according to claim 16, wherein:
the utility vehicle is a truck (structure of cab for a truck, Fig. 2A-2C; [0002]);
the first driver's cab shell construction longitudinal section widens outwards essentially constantly (Haas: Fig. 2A-2C);
the second driver's cab shell construction longitudinal section is differently dimensions dimensioned, namely long and/or wide (Fischer: 14 differ from one another, Fig. 1-2; Col. 3, lines 50-54; Haas: Fig. 2A-2C);
the second driver's cab shell construction longitudinal section widens outwards essentially constantly (Haas: Fig. 2A-2C).
Fischer in view of Haas does not teach: the first driver's cab shell construction longitudinal section is weldable to the front wall; the second driver's cab shell construction longitudinal section is weldable to the first driver's cab shell construction longitudinal section for extending the driver's cab rearwards.
Baggett discloses a truck cab comprising of welded subassemblies.
Bagget teaches: the first driver's cab shell construction longitudinal section (structure of front assemblies 30, 34; Fig. 3A) is weldable (welding; Col. 3, lines 11-27) to the front wall; the second driver's cab shell construction longitudinal section (structure of flare modules 26, 28; Fig. 3A) is weldable (welding; Col. 3, lines 11-27) to the first driver's cab shell construction longitudinal section for extending the driver's cab rearwards (Fig. 2-3A).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the modular cab of Fischer in view of Haas by using welding as taught by Baggett with a reasonable expectation of success to attach the various structures together as taught by Baggett (Col. 3, lines 11-27).
Claim 32. Fischer in view of Haas teach: The assembly kit system according to claim 16, rear wall, front wall, and roof (see previously rejected claims 23, 24, 29 and 30).
Fischer in view of Hass does not teach: weldable.
Baggett further teaches: weldable (see previously rejected claim 17).
Claims 25-26 are rejected under 35 U.S.C. 103 as being unpatentable over Fischer et al. (US6,773,056) in view of Haas et al. (EP0716005) and further in view of Kopp et al. (DE102006037028).
Claim 25. Fischer in view of Haas teach: The assembly kit system according to claim 16.
Fischer in view of Haas does not teach: at least one side flap flange for connecting at least one side flap to the second driver's cab shell construction longitudinal section; and the at least one side flap flange is the same for the different driver's cab versions.
Kopp discloses a motor vehicle comprising of air deflectors on the cab.
Kopp teaches: at least one side flap flange (implicit structure of coupling air deflector 12 to cab 1, Fig. 1) for connecting at least one side flap (air deflector 12, Fig. 1) driver's cab shell construction longitudinal section.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the modular cab of Fischer in view of Haas by including the air deflector as taught by Kopp with a reasonable expectation of success in order to improve the aerodynamics of the vehicle as taught by Kopp (Fig. 1).
Regarding the limitation: at least one side flap flange is the same for the different driver's cab versions. Fischer in view of Hass and further in view of Kopp is silent. However, as Kopp teaches the air deflector is at the rear of the cab, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have the same air deflector on the different cab versions as instantly claimed based on choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success. KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007).
Claim 26. Fischer in view of Haas teach: The assembly kit system according to claim 16.
Fischer in view of Hass does not teach: at least one side flap, which: is the same for the different driver's cab versions, and is connectable to the second driver's cab shell construction longitudinal section.
Kopp further teaches: at least one side flap and is connectable to the second driver's cab shell construction longitudinal section (see previously rejected claim 25).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the modular cab of Fischer in view of Haas by including the air deflector as taught by Kopp with a reasonable expectation of success in order to improve the aerodynamics of the vehicle as taught by Kopp (Fig. 1).
Regarding the limitation: flap…is the same for the different driver's cab versions. Fischer in view of Hass and further in view of Kopp is silent. However, as Kopp teaches the air deflector is at the rear of the cab, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have the same air deflector on the different cab versions as instantly claimed based on choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success. KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Daniel Craig whose telephone number is (571)270-0747. The examiner can normally be reached M-Thurs 8:00 AM to 5:00 PM CST.
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, Tara Schimpf can be reached at (571)270-7741. 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.
/DANIEL T CRAIG/Examiner, Art Unit 3676
/TARA SCHIMPF/Supervisory Patent Examiner, Art Unit 3676
