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 .
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in Japan on 4/30/2024. It is noted, however, that applicant has not filed a certified copy of the JP2024-073856 application as required by 37 CFR 1.55.
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 1-11 and 13 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.
Claim 1 recites in the preamble the subcombination of a “head guard” that is inconsistent with the body of the claim that recites limitations directed to the combination of the head guard and an industrial vehicle that comprises a driver’s seat and a cargo handling device. This inconsistency presents the question as to whether the claim recites a combination or subcombination. There is insufficient antecedent basis for the limitation that is directed to the combination rather than to the subcombination because an industrial vehicle that comprises a driver’s seat and a cargo handling device are not inherent components of the head guard. Claims 5-11 are rejected as being dependent on claim 1 and therefore containing the same defect.
Claim 3 recites in the preamble the subcombination of a “head guard” that is inconsistent with the body of the claim that recites limitations directed to the combination of the head guard and a cargo handling device and a cargo. This inconsistency presents the question as to whether the claim recites a combination or subcombination. There is insufficient antecedent basis for the limitation that is directed to the combination rather than to the subcombination because a cargo handling device and a cargo are not inherent components of the head guard.
Claim 9 recites in the preamble the subcombination of a “head guard” that is inconsistent with the body of the claim that recites limitations directed to the combination of the head guard and a roof member. This inconsistency presents the question as to whether the claim recites a combination or subcombination. There is insufficient antecedent basis for the limitation that is directed to the combination rather than to the subcombination because a roof member is not an inherent component of the head guard. Claim 10 is rejected as being dependent on claim 1 and therefore containing the same defect.
Claim 13 recites in the preamble the subcombination of a “roof member” that is inconsistent with the body of the claim that recites limitations directed to the combination of the roof member and an industrial vehicle that comprises a driver’s seat and a cargo handling device. This inconsistency presents the question as to whether the claim recites a combination or subcombination. There is insufficient antecedent basis for the limitation that is directed to the combination rather than to the subcombination because an industrial vehicle that comprises a driver’s seat and a cargo handling device are not inherent components of the roof member.
Allowable Subject Matter
Claim 12 is allowed.
The following is an examiner’s statement of reasons for allowance: The prior art of record fails to show alone or in combination the features of an industrial vehicle as claimed comprising a head guard as claimed comprising a protruding member directly above the driver’s seat as claimed, a flat plate as claimed that provides light transmittance wherein the protruding portion and the flat plate are inclined as claimed.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Claims 2-11 would be allowable if rewritten to overcome 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 and to include all of the limitations of the base claim and any intervening claims.
Claims 1 and 13 would be allowable if rewritten or amended to overcome 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. USPS 7506918 discloses an industrial vehicle with a partially transparent roof.
The examiner notes that the resolution to the 112b rejections above may have an impact on the allowability of the claims.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICHOLAS A MCFALL whose telephone number is (571)270-5769. The examiner can normally be reached M-Th 7-4.
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, Timothy Collins can be reached at (571)272-6886. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Nicholas McFall/Primary Examiner, Art Unit 3644
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