DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
The amendment filled 09/05/2025 has been entered. Claim 1 has been amended. Claims 1-13 remain pending in the application.
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 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) 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 pre-AIA 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) the invention was known or used by others in this country, or patented or described in a printed publication in this or a foreign country, before the invention thereof by the applicant for a patent.
Claim 1 is rejected under pre-AIA 35 U.S.C. 102(a)(1) as being anticipated by Kramer, US (2006/0087097).
In regards to claim 1 Kramer discloses:
A tower elevating assembly (fig. 5), comprising: (a) a platform assembly (platform 108 on which user sits; fig. 2, 5) configured to move between a first elevation position (bottom position; fig. 5) and a second elevation position (at top of stairs) the platform assembly having first and second ends (bottom and top of seat 108) and a platform (seat 108) therebetween; (b) a single stage tower (system 210 is single stage tower travels through a single track channel from the top to the bottom as shown in fig. 5) supporting the platform assembly (as shown in figs. 5, 6), the single stage tower having a first end (at bottom end) and a second end (at top end) and including a track assembly (212, 216), wherein the track assembly includes first and second track portions (left and right hand side tracks 216 & 212 respectively) extending between the first and second ends of the tower (as shown in fig. 5), wherein each of the first and second track portions includes at least first and second adjacent channels (channels 220 & 222 associated with track 212 and 226 & 230 associated with track 216), wherein each of the first and second track portions is manufactured as a single continuous structure (single structure i.e. one structure as a whole throughout the device as shown in fig. 5), and wherein the first and second track portions are arranged such that openings to both of the at least first and second channels of the first track portion face openings to both of the at least first and second channels of the second track portion (as shown in fig. 5 and annotated drawings below); and (c) a carriage assembly (158, 163 including 164, 171s, and the back 112) for providing support to the platform assembly (as shown in fig. 6) and configured for moving the platform assembly along the track assembly (via drivers 164; fig. 6) between the first elevation position at the first end of the tower to the second elevation position at the second end of the tower, wherein a vertical reach of the platform assembly (vertical height at top end) is limited to a length of the first and second track portions (where drivers 164 are bound by the channel’s length as shown in fig. 5), wherein the carriage assembly (163, 171s, and the back of the seat 112 sans the platform on which user sits) defines a first end (bottom of 158) adjacent the tower (as shown in fig. 6) and a second end (top end of back 112) wherein the carriage assembly couples to the tower (210) at first end (bottom of 158 at 163 via drivers 164 having teeth 165; paragraph [0099]; which are considered part of the carriage) such that at least a portion of the carriage assembly is received within first and second track portions at the first end (“the transfer drivers 164 have external teeth 165 which intermesh with internal teeth 167 in the tracks 220, 222, 226, and 230; as stated in paragraph [0099]”), and wherein the second end is a free end (top end of the back 112) spaced from the tower (as shown in fig. 5) wherein the platform assembly (108) couples to the carriage assembly (at bottom of 108) such that the platform is positioned between the first and second ends of the carriage assembly (between 158 and top of back 112), and wherein the platform assembly is laterally offset from the single stage tower (top surface of platform 108) such that the first and second track portions are positioned adjacent to the first end (adjacent to bottom of 108; as shown in fig. 5, 6) of the platform assembly.
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Claims 1, 2, 4, 5, 7 and 11 are rejected under pre-AIA 35 U.S.C. 102(a)(1) as being anticipated by Deguerry, US (4619346).
In regards to claim 1 Deguerry discloses:
A tower elevating assembly (fig. 1), comprising: (a) a platform assembly (16 including 11) configured to move between a first elevation position (bottom elevation; fig. 2) and a second elevation position (top elevation ; fig. 1) the platform assembly having first and second ends (left and right hand side of 16 respectively) and a platform therebetween (figs. 1, 4); (b) a single stage tower (left hand side tower 6 including 7a, 7b, 7c; figs. 1, 10 see annotated drawings, where tower 6 entire structure reaching the top height is considered one stage or it is a tower that lifts a single stage formed by platform/railing 16/17 – this is claimed broadly and is being interpreted as such) supporting the platform assembly (as shown in fig. 1), the single stage tower having a first end (at the bottom) and a second end (at top end) and including a track assembly (shown in fig. 10), wherein the track assembly includes first and second track portions (top and bottom 6s shown in fig. 10) extending between the first and second ends of the tower (as shown in fig. 1), wherein each of the first and second track portions includes at least first and second adjacent channels (as shown in annotated drawings below), wherein each of the first and second track portions is manufactured as a single continuous structure (where tracks 7 including 7a, b, c as a whole is a single structure and is indeed connected and forms single continuous track for wheels – again, as claimed this is broad as it isn’t narrowed as to what ‘single’ is specifically referring to or narrowed to define as recited; as shown in fig. 1), and wherein the first and second track portions are arranged such that openings to both of the at least first and second channels of the first track portion face openings to both of the at least first and second channels of the second track portion (openings of each of the track portions facing each other; fig. 10); and (c) a carriage assembly (13; fig. 4) for providing support to the platform assembly and configured for moving the platform assembly along the track assembly between the first elevation position at the first end of the tower to the second elevation position at the second end of the tower (between figs. 2 and 1), wherein a vertical reach of the platform assembly is limited to a length of the first and second track portions (where carriage 13 travel is limited to the max height of the tracks 7), wherein the carriage assembly (13) defines a first end (see annotated drawings below) adjacent the tower (as shown in annotated fig. 4) and a second end (right hand side terminal ends of 14; see annotated drawings below) wherein the carriage assembly couples to the tower at first end (carriage 13 engages 7 at right hand side of 13 via rollers 12 as shown in figures 4 and 10) such that at least a portion of the carriage assembly (rollers 12) is received within first and second track portions at the first end (12s inserted into right and left hand side 7a,b,c as shown in fig. 10), and wherein the second end is a free end spaced from the tower (at 14) wherein the platform assembly couples to the carriage assembly (at 14 and unnumbered protrusion bracket on rim 15; see annotated drawings) such that the platform is positioned between the first and second ends of the carriage assembly (at least portion of protrusion brackets sitting inside 14 is between 1st and 2nd ends of carriage assembly i.e., between 1st end and terminal end surface of 14 shown in annotated drawings), and wherein the platform assembly is laterally offset from the single stage tower (by at least the width of 13) such that the first and second track portions are positioned adjacent to the first end of the platform assembly (left hand side of platform 16; fig. 1).
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In regards to claim 2 Deguerry discloses the at least first and second channels are each defined by a wall portion and first and second end portions (see annotated drawings).
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In regards to claim 4 Deguerry discloses an outer side of the wall portion (back side not facing channels) of the first track portion faces away from an outer side of the wall portion of the second track portion (as shown where back sides of wall portions face away from each other).
In regards to claim 5 Deguerry discloses the tower assembly further includes an actuation system (motor 33) for moving the carriage assembly between the first and second elevation positions.
In regards to claim 7 Deguerry discloses the carriage assembly includes a tower traveling assembly (12) and a platform support assembly (14).
In regards to claim 11 Deguerry discloses a safety pan assembly (15; fig. 4) extending from a bottom of the platform assembly (11), wherein the safety pan assembly is configured to be activated [intended use] by a magnetic reed switch.
Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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 pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 3 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Deguerry, US (4619346).
In regards to claim 3 Deguerry does not disclose each of the first and second channels define a rounded corner at or adjacent the first end. Examiner takes Official Notice that rounded corners are old and well-known in the art. A person of ordinary skill in the art, before the effective filing date of the claimed invention, would have found it obvious to make the transition from the wall portion to each of the first ends of the channels a rounded corner, for the predictable result with reasonable expectation of success i.e., to avoid sharp edges that are known to catch on objects, clothes or a user’s skin for a predictable safety measure.
Claims 6 and 8-10 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Deguerry as applied to claim 5 above, and further in view of Evans, US (6676233).
In regards to claims 6 and 8-10 Deguerry does not disclose a screw lift transmission and a user control interface movable relative to the platform assembly and a head portion.
Evans teaches the actuation system includes a screw lift transmission (172, 174, 176, 177, 178; fig. 5) (claim 6).
a user control interface (163) (claim 8).
the user control interface is moveable relative to the platform assembly for user convenience (as the platform moves the interface 160 inherently change its relative distance to the platform assembly) (claim 9).
a head portion (cover box for 160; fig. 1) for housing power controls of the tower elevating assembly (claim 10).
Therefore, before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art utilize the screw lift transmission taught by Evans onto the elevating assembly of Deguerry for the predictable result with reasonable expectation of success i.e., for the known functionality and advantages of ball screw feed of providing accurate positioning by selectively braking at a specific thread along the ball screw length as well as provide a reliable and smooth transition along the path of travel. Furthermore, it would have been obvious to a person of ordinary skill in the art utilize the head portion for housing the power controls taught by Evans onto the elevating assembly of Deguerry for the predictable result with reasonable expectation of success i.e., to safe guard user’s power control from external elements.
Claims 12 and 13 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Deguerry as applied to claim 1 above, and further in view of Svanda, US (2010/0111661).
In regards to claims 12 and 13 Deguerry does not disclose the tower further includes a leg assembly extending from a base of the tower, and wherein the tower is configured to be anchored to a ground surface by base attachments points located on the leg assembly and the leg assembly includes first and second legs extending orthogonal to a longitudinal axis of the single stage tower.
Svanda teaches the tower further includes a leg assembly (see annotated drawings) extending from a base of the tower (in the manner as from 300; shown in fig. 1), and wherein the tower is configured to be anchored to a ground surface by base attachments points (see annotated drawings) located on the leg assembly (claim 12).
the leg assembly includes first and second legs (two legs shown in annotated drawings above) extending orthogonal to a longitudinal axis (vertical axis) of the single stage tower (equivalent to 410) (claim 13).
Therefore, before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art utilize the first and second legs taught by Svanda onto the assembly of Deguerry for the predictable result with reasonable expectation of success i.e., to provide a stable and sturdy foundation for the lift which would allow the lift to support higher weights and allow for the weight being lifted to be divided between the tracks and transferred to the ground. The advantage and functionality of such legs are predictable and such legs are well within the skill of a person of ordinary skill in the art to be added to modify an assembly such as the lift of Deguerry.
Response to Arguments
Applicant's arguments filed 09/05/2025 have been fully considered but they are not persuasive because:
Applicant argues “Applicant respectfully submits that Kramer does not teach or suggest each and every feature amended Claim 1. For example, Applicant respectfully submits that Kramer does not teach or suggest "wherein the platform assembly couples to the carriage assembly such that the platform is positioned between the first and second ends of the carriage assembly, and wherein the platform assembly is laterally offset from the single stage tower such that the first and second track portions are positioned adjacent to the first end of the platform assembly" as recited in amended Claim 1 " as recited in amended Claim 1”; examiner respectfully disagrees and presents that under the new interpretation of reference Kramer; Kramer discloses wherein the platform assembly (108) couples to the carriage assembly (at bottom of 108) such that the platform is positioned between the first and second ends of the carriage assembly (between 158 and top of back 112), and wherein the platform assembly is laterally offset from the single stage tower (top surface of platform 108) such that the first and second track portions are positioned adjacent to the first end (adjacent to bottom of 108; as shown in fig. 5, 6) of the platform assembly.
Applicant argues “Applicant respectfully submits that Deguerry does not teach or suggest each and every feature amended Claim 1. For example, Applicant respectfully submits that Deguerry does not teach or suggest "wherein the platform assembly couples to the carriage assembly such that the platform is positioned between the first and second ends of the carriage assembly, and wherein the platform assembly is laterally offset from the single stage tower such that the first and second track portions are positioned adjacent to the first end of the platform assembly" as recited in amended Claim 1”; examiner respectfully disagrees and presents that under the new interpretation of reference Deguerry; Deguerry discloses wherein the platform assembly couples to the carriage assembly (at 14 and unnumbered protrusion bracket on rim 15; see annotated drawings) such that the platform is positioned between the first and second ends of the carriage assembly (at least portion of protrusion brackets sitting inside 14 is between 1st and 2nd ends of carriage assembly i.e., between 1st end and terminal end surface of 14 shown in annotated drawings), and wherein the platform assembly is laterally offset from the single stage tower (by at least the width of 13) such that the first and second track portions are positioned adjacent to the first end of the platform assembly (left hand side of platform 16; fig. 1).
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 SHIREF M MEKHAEIL whose telephone number is (571)270-5334. The examiner can normally be reached 10-7 Mon-Fri.
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, Daniel Cahn can be reached at 571-270-5616. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/S.M.M/Examiner, Art Unit 3634
/DANIEL P CAHN/Supervisory Patent Examiner, Art Unit 3634