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 .
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 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.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on October 29, 2025 has been entered.
Status of Claims
Claims 1 – 15 are pending.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1 – 15 are rejected under 35 U.S.C. 103 as being unpatentable over Beer (WO 2016/161470 A1) citing English Equivalent (U.S. Patent Publication No. 2018/0029849 A1) in view of Ehrenleitner (U. S. Patent Publication No. 2008/0121601), Weiss (EP1106563 A2) as cited by Applicant and Kroll (DE102004040663 A1).
Regarding Independent Claim 1, Beer teaches a lifting apparatus (transport unit, 1; Fig. 1) for raising and lowering in particular heavy objects (Abstract), comprising: two frame assemblies (2, 3; Fig. 1) that are positioned one above the other with respect to a vertical direction (z; Fig. 1), a lower frame assembly (3) of the two frame assemblies is suspended on an upper frame assembly (2) of the two frame assemblies using lifting traction means (20-23), whereby winding of the lifting traction means allows the lower frame assembly to be drawn up towards the upper frame assembly by means of a raising/lowering device (4,5 for 20-23; Abstract), and subsequent unwinding of the lifting traction means allows said lower frame assembly to be lowered relative to the upper frame assembly (Paragraph [0008]); and oblique traction means (24-27) that extend between the two frame assemblies and can be wound and unwound using a tensioning device (4,5 for 24-27: Fig. 1), two of the oblique traction means (24-27) mutually intersecting such that the lower frame assembly (3) is stabilized, relative to the upper frame assembly (2; Fig. 1), in at least one deflection direction that extends transversely to the vertical direction (z; Fig. 1), the tensioning device (4/5) being able to retain each of the oblique traction means (24-27) under tensile stress during winding and unwinding of the lifting traction means (Paragraph [0008]) and wherein the tensioning device (4/5) comprises a first tension drive and a second tensioning drive (motors, 5) each of which is coupled to a first tensioning shaft and a second tension shaft, respectively (shaft of drums, 4, at least two of the oblique traction means (24-27) in each case being able to be wound around one of the two tensioning shafts at least in part (Paragraph [0044]); wherein the upper (2) and lower frame assembly (3) comprises at least three lateral portions (load suspension device, 3 is substantially rectangular thus comprises 4 lateral portions – two mutually opposite longitudinal sides 7 and 8 and mutually opposite end sides 9 and 10; Annotated Fig. 1); wherein each of the oblique traction means (24 – 27) is attached to the lower frame (3) assembly in the region of a corner (all oblique traction means are located in the region of the corner as claimed; Fig. 1) located between two of the lateral portions (load suspension device, 3 is substantially rectangular thus comprises 4 lateral portions – two mutually opposite longitudinal sides 7 and 8 and mutually opposite end sides 9 and 10) of the lower frame assembly (3; Fig. 1).
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Beer does not explicitly teach the lifting transaction means extending towards the upper frame assembly In parallel with the vertical direction and the oblique traction means being distinct from the lifting traction means.
Ehrenleitner, however, teaches a lifting apparatus (Fig. 8) for raising and lowering heavy object wherein the lifting transaction means (traction elements, 3; Fig. 1) extending towards the upper frame assembly (upper frame, 1; Fig. 3) in parallel with the vertical direction (Fig. 1) and the oblique traction means (tensioning cables, 4) being distinct from the lifting traction means (traction elements, 3; Fig. 1; Paragraphs [0062] and [0093]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Beer to further include the lifting transaction means extending towards the upper frame assembly In parallel with the vertical direction and the oblique traction means being distinct from the lifting traction means, as taught by Ehrenleitner, to provide stability in the entire horizontal plane and ensures that the personnel working on the load of the subframe are not endangered in the event of a traction device crack, as the load is still held by other available traction devices.
Beer does not teach at least a first and a second of the oblique traction means being able to be wound around the first tensioning shaft at least in part, and at least a third and a fourth of the oblique traction means being able to be wound around the second tensioning shaft at least in part.
Weiss, however, teaches a first and a second of the oblique traction means (12a and 12b; Fig. 17) being able to be wound around the first tensioning shaft (drum shaft, 15) at least in part (Fig. 17), and at least a third and a fourth of the oblique traction means (9a and 10a) being able to be wound around the second tensioning shaft (drum shaft, 14) at least in part (Fig. 8).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Beer to further include at least a first and a second of the oblique traction means being able to be wound around the first tensioning shaft at least in part, and at least a third and a fourth of the oblique traction means being able to be wound around the second tensioning shaft at least in part, as taught by Weiss, to provide stability in the event that there is a break in a rope, thus the load is still held without causing of a tip over.
Beer does not explicitly teach the oblique traction means are rigidly attached.
Kroll, however, teaches traction means (22,23,24 and 25; Fig. 6) are rigidly attached (rigid mounting element, 33; Paragraphs [0023] and [0046]; Fig. 6).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Beer to further include the oblique traction means are rigidly attached, as taught by Kroll, to provide stability in the entire horizontal plane and ensures that the personnel working on the load of the subframe are not endangered in the event of a traction device crack, as the load is still held by other available traction devices.
Regarding Claim 2, Beer, as modified, teaches the lifting apparatus (transport unit, 1; Fig. 1) wherein at least two mutually intersecting oblique traction means (24-27) extending between at least one of the lateral portions of the lower frame assembly (3; Fig. 1) and a lateral portion of the upper frame assembly (2) that is located there above with respect to the vertical direction (z; Fig. 1).
Regarding Claim 3, Beer, as modified, teaches the lifting apparatus (transport unit, 1; Fig. 1) wherein the at least two mutually intersecting oblique traction means (24-27) extend between each of the lateral portions of the lower frame assembly (3; Fig. 1) and the lateral portion of the upper frame assembly (2) that is located there above with respect to the vertical direction (z; Fig. 1).
Regarding Claim 4, Beer, as modified, teaches the lifting apparatus (transport unit, 1; Fig. 1) wherein the raising/lowering device (4/5) comprises at least one lifting drive (4) which is coupled to a lifting shaft (shaft from motor), the lifting traction means being able to be wound around the lifting shaft at least in part (Paragraph [0049]).
Regarding Claim 5, Beer, as modified, teaches the lifting apparatus (transport unit, 1; Fig. 1) wherein the tensioning device comprises at least one tensioning drive (motor 5) which is coupled to at least one tensioning shaft (4 and shaft of motor) for tensioning drive), at least two of the oblique traction means being able to be wound around the tensioning shaft at least in part (Paragraph [0049]).
Regarding Claim 6, Beer, as modified, teaches the lifting apparatus (transport unit, 1; Fig. 1) wherein the lateral portion of the upper frame assembly (2) that is located above the lower frame (3) with respect to the vertical direction (z) together spanning a lateral plane (A-D; Fig. 1), and each of the oblique traction means (24-27) extending diagonally (Fig. 1), within a plane extending in parallel with the associated lateral plane (A-D), from the lower frame assembly (3) towards the upper frame assembly (2) as far as a region (area near corner) of an upper corner located between two of the lateral portions in each case (Fig. 1).
Regarding Claim 7, Beer, as modified, teaches the lifting apparatus (transport unit, 1; Fig. 1) wherein each of the oblique traction means (24-27) is hinged (@12), on the upper frame assembly (2), to a central portion of a respective one of the two lateral portion (Fig. 1), each of the oblique traction means (24-27) then being connected to a tensioning shaft (motor shafts of 5) of the tensioning device (5) located in the region of the central portion (Fig. 1).
Regarding Claim 8, Beer, as modified, teaches the lifting apparatus (transport unit, 1; Fig. 1) wherein each of the lifting traction means (20-23) is rigidly attached to the lower frame assembly (3) in a region (area) of a lower corner located between two of the lateral portions thereof in each case (Fig. 1).
Regarding Claim 9, Beer, as modified, teaches the lifting apparatus (transport unit, 1; Fig. 1) wherein each of the lifting traction means (20-23) is hinged (Fig. 1), on the upper frame assembly (2), to a central portion of a respective one of the two lateral portions (Fig. 1), each of the lifting traction means (20-23) being connected to a lifting shaft (lifting shaft motor 5) of the raising/lowering device located in the region of the associated central portion (Fig. 1).
Regarding Claims 10 – 13 , Beer, as modified, teaches the lifting apparatus (transport unit, 1; Fig. 1) wherein the lifting traction means (20-23) or the oblique traction means (24-27) are formed as a belt, band or cable, or comprise at least one of said structures (Fig. 1; Paragraph [0041]).
Regarding Claim 14, Beer, as modified, teaches the lifting apparatus (transport unit, 1; Fig. 1) wherein the raising/lowering device comprises at least one lifting drive (4) which is coupled to a lifting shaft (shaft from motor, 4), the lifting traction means being able to be wound around the lifting shaft at least in part (Paragraph [0049]).
Regarding Claim 15, Beer, as modified, teaches the lifting apparatus (transport unit, 1; Fig. 1) wherein the raising/lowering device comprises at least one lifting drive (4) which is coupled to a lifting shaft (shaft from motor, 4), the lifting traction means being able to be wound around the lifting shaft at least in part (Paragraph [0049]).
Response to Arguments
Applicant's arguments filed October 29, 2025 with respect to rejection to claims 1 – 15 under 35 U.S.C. 103 have been fully considered and they are not persuasive, therefore the rejection has been maintained.
Applicant argues “Applicant submits that Beer '470 does not teach or fairly suggest that any of the oblique traction means (20, 21; 22, 23; 24, 25; 26, 27) are fixedly attached to the frame arrangements (1, 3)”.
Examiner agrees and thus the rejection to this particular limitation is withdrawn, however, after further consideration a new ground of rejection is made in view of Kroll.
Applicant further argues “Beer '470 does not each or suggest any 'lateral portions" in the upper frame arrangement (1) that could form "corner areas'" in the sense of the present invention”.
Applicants’ arguments are moot as this limitation is not claimed in amended claim 1.
Lastly, Applicant argues “Beer '470 only some of the oblique traction means (20, 21; 22, 23) are attached in the corner areas of the lower frame arrangement (3), while the other oblique traction means (24, 25; 26, 27) are attached more at the center to one of the two longer side sections of the lower frame arrangement”.
Examiner respectfully disagrees as the instant application and the art of reference are nearly identical. Applicant claims that the instant application teaches the oblique traction means in the region of the corner. The instant application does not teach all oblique traction means in a corner, but rather in the region of the corner. See S1a and S2a of Fi,. 1 below; therefore the traction means are arranged the same as the art of record.
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Figure 1 -INSTANT APPLICATION
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Figure 2 - ART OF RECORD
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATINA N HENSON whose telephone number is (571)272-8024. The examiner can normally be reached Monday - Thursday; 5:30am to 3:30pm.
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/KATINA N. HENSON/Primary Examiner, Art Unit 3723