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 .
Acknowledgment is made of the amendment filed February 2, 2026. The application has been updated accordingly.
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 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 1-2, 4-7, 11, 14, 17 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Donaldson et al. (5,669,517) hereinafter Donaldson, in view of Bean et al. (2005/0189168) hereinafter Bean.
Claim 1: Donaldson discloses an aerial lift assembly (Fig. 1; 20) comprising:
a base (Fig. 1; 26) to support the aerial lift assembly upon a support surface (Fig. 2; 20 is described as being supported on a flat surface);
a first link assembly (Fig. 1; 42) pivotally connected to the base to pivotally expand and collapse from the base (Fig. 2-3; 42, Col. 3, Lines 39-50), wherein the first link assembly further comprises:
a first compression link (Fig. 1; 32) pivotally connected to the base,
a tension link (Fig. 1; 38) pivotally connected to the base spaced apart from the pivotal connection of the compression link and the base (Fig. 2-3; 42, Col. 3, Lines 39-50), and
an intermediate link (Fig. 1; 36) pivotally connected to the compression link and the tension link (Fig. 2-3; 42, Col. 3, Lines 39-50);
a second link assembly (Fig. 1; 44) pivotally connected to the first link assembly to pivotally expand and collapse from the first link assembly (Fig. 1; via 36), wherein the second link assembly further comprises:
a second compression link (Fig. 1; 40) pivotally connected to the intermediate link,
a timing link (50) (Fig. 1; 34) pivotally connected to the first compression link and the second compression link (Fig. 2-3; 42, Col. 3, Lines 39-50), and
a first actuator (Fig. 1; 46 right) pivotally connected to the intermediate link (Fig. 1; via 32) and the compression link (Fig. 1; 40);
a first extendable boom assembly (Fig. 1; 24) pivotally connected to the second link (Fig. 1; 44) assembly to pivotally expand (Fig. 1) and collapse (Fig. 3) from the second link assembly, and to extend and retract from the second link assembly (Col. 4, Lines 1-8); and
an operator platform (Fig. 1; 22) supported by the first extendable boom assembly;
Donaldson fails to disclose wherein the second link assembly comprises a second extendable boom assembly pivotally connected to the first link assembly to pivotally expand and collapse from the first link assembly, and to extend and retract from the first link assembly.
However, Bean discloses a second extendable boom assembly (Fig. 1; 18).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to modify the aerial lift of Donaldson to include the second extendable boom, as taught by Bean, with a reasonable expectation of success because it would allow for further extension of the aerial lift, resulting in further reach.
Claim 2: Donaldson discloses the aerial lift assembly of claim 1 further comprising:
a second actuator (Fig. 1; 46 left); and a controller (Fig. 1; at 56, Col. 4, Lines 19-21), but fails to disclose the first actuator being in cooperation with the second extendable boom assembly to extend and retract the second extendable boom assembly and a controller in communication with the second actuator, programmed to limit extension of the second extendable boom assembly.
However, Bean discloses a first actuator in cooperation with the second extendable boom assembly to extend and retract the second extendable boom assembly (Para. [0022-0023] describe driving means which actuate the telescoping function of the booms); and a controller (Fig. 1; 34, Para. [0025-0027]) in communication with the first actuator, wherein the controller is programmed to limit extension of the second extendable boom assembly when the first link assembly is collapsed (Fig. 1; 34, Para. [0025-0027]).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to modify the first actuator and controller of Donaldson to communicate with the second extendable boom, as taught by Bean, with a reasonable expectation of success because it would allow for control of the movements and operation of the second extendable boom.
Claim 4: Donaldson and Bean disclose the aerial lift assembly of claim 3 wherein the controller is further programmed to permit extension of the second extendable boom assembly when the first link assembly is in an expanded position (Bean - Fig. 1; 34, Para. [0025-0027]).
Claim 5: Donaldson discloses the aerial lift assembly of claim 2 but fails to disclose wherein the controller is in communication with the second actuator and is further programmed to expand the first link assembly prior to extending the second extendable boom assembly.
However, Bean discloses a controller is in communication with the second actuator and is further programmed to expand the first link assembly prior to extending the second extendable boom assembly (Bean - Fig. 1; 34, Para. [0025-0028]).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to modify the second actuator and controller of Donaldson to communicate with the second link assembly prior to extending the second extendable boom assembly, as taught by Bean, with a reasonable expectation of success because it would allow for control of the movements and operation of the second extendable boom.
Claim 6: Donaldson discloses the aerial lift assembly of claim 1 further comprising a frame (Fig. 1; 28) to be supported upon an underlying support surface (Fig. 2; 20 is described as being supported on a flat surface), wherein the base (Fig. 1; 26) is pivotally connected to the frame about an axis that is generally upright relative to the underlying support surface (Col. 3, Lines 18-27).
Claim 7: Donaldson discloses the aerial lift assembly of claim 6 wherein the first link assembly (Fig. 1; 42) is pivotally connected to the base (Fig. 1; 26) about an axis that is generally perpendicular to the pivot axis of the base (Fig. 3; Col. 3, Lines 18-27), wherein the first link assembly pivot axis is offset from the base pivot axis such that the first link assembly converges toward the base pivot axis in a collapsed position of the first link assembly (Fig. 3; 42 is depicted as converged toward the base pivot axis, see detail) and the first link assembly is pivoted away from the base pivot axis in an expanded position of the first link assembly (Fig. 2; 42 is pivoted away from the base pivot axis).
PNG
media_image1.png
408
642
media_image1.png
Greyscale
Claim 11: Donaldson discloses the aerial lift assembly of claim 1 further comprising a third link assembly (Fig. 2; see detail) pivotally connected to the first extendable boom assembly (Fig. 2; 24), wherein the operator platform (Fig. 2; 22) is connected to the third link assembly and spaced apart from the first extendable boom assembly (Fig. 2; 22 is spaced apart from 24 via the boom extension).
PNG
media_image2.png
575
648
media_image2.png
Greyscale
Claim 14: Donaldson discloses an aerial lift assembly comprising:
a base (Fig. 1; 26) to support the aerial lift assembly upon a support surface (Fig. 2; 20 is described as being supported on a flat surface);
a first link assembly (Fig. 1; 42) pivotally connected to the base to pivotally expand and collapse from the base (Fig. 2-3; 42, Col. 3, Lines 39-50), wherein the first link assembly further comprises:
a first link (Fig. 1; 32) pivotally connected to the base,
a second link (Fig. 1; 38) pivotally connected to the base and spaced apart from the connection of the first link and the base (Fig. 2-3; 42, Col. 3, Lines 39-50), and
a third link (Fig. 1; 36) pivotally connected to the first link and the second link (Fig. 2-3; 42, Col. 3, Lines 39-50);
a first extendable boom assembly (Fig. 1; 24) pivotally connected to the first link assembly (Fig. 1; via 48 and 36) to pivotally expand and collapse from the first link assembly (Fig. 1; via 48 and 36), and to extend and retract from the first link assembly (Col. 4, Lines 1-8);
a first actuator (Fig. 1; 50) in cooperation with the first extendable boom assembly to extend and retract the first extendable boom assembly (Col. 4, Lines 1-8);
an operator platform (Fig. 1; 22); and
a controller (Fig. 1; at 56, Col. 4, Lines 19-21) in communication with the first actuator (Fig. 1; at 56, Col. 4, Lines 19-21);
a pivot link (Fig. 1; 48) pivotally connected to the first extendable boom assembly (Fig. 1; 24);
a first coupler link (Fig. 1; 34) pivotally connected at a proximal end to the first extendable boom assembly at a first pivotal connection (Fig. 1; at 48);
a lever (Fig. 1; 40) pivotally connected to the pivot link and the first coupler link (Fig. 1; via 48);
a second coupler link (Fig. 1; 36) pivotally connected to the lever; and
a second actuator (Fig. 1; 46) connected to the first extendable boom assembly and the pivot link (Fig. 1; via 44) to coordinate expansion and collapse of the second extendable boom assembly relative to the first extendable boom assembly (Col. 3, Lines 50-62).
Donaldson fails to disclose a second extendable boom assembly pivotally connected to the first link assembly, the pivot link and the second coupler link to pivotally expand and collapse from the first link assembly, and to extend and retract from the first link assembly, and a controller that is programmed to limit extension of the first boom assembly when the first link assembly is collapsed.
However, Bean discloses a second extendable boom assembly (Fig. 1; 18) and a controller programmed to limit boom extension (Para. [0025-0028]).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to modify the aerial lift of Donaldosn to include the second extendable boom and the controller, as taught by Bean, with a reasonable expectation of success because it would allow for further extension of the aerial lift, resulting in further reach while being able to prevent over reaching by limiting extension of the first and second boom assemblies.
Claim 17: Donaldson and Bean disclose the aerial lift assembly of claim 14 wherein the controller is in communication with the second actuator and is further programmed to expand the first link assembly prior to extending the first extendable boom assembly (Bean - Para. [0025-0028]).
Claim 20: Donaldson and Bean disclose the aerial lift assembly of claim 1 further comprising:
a pivot link (Donaldson - Fig. 1; 48) pivotally connected to the first extendable boom assembly (Donaldson – Fig. 1; 24) and the second extendable boom assembly (Bean - Fig. 1; 18);
a first coupler link (Donaldson – Fig. 1; 50) pivotally connected at a proximal end to the second extendable boom assembly at a pivotal connection (Bean - Fig. 1; 18);
a lever (Donaldson – Fig. 1; 40) pivotally connected to the pivot link and the first coupler link;
a second coupler link (Donaldson – Fig. 1; 36) pivotally connected to the lever and the first extendable boom assembly; and
a second actuator (Donaldson – Fig. 1; 46) connected to the second extendable boom assembly (Bean - Fig. 1; 18) and the pivot link to coordinate expansion and collapse of the first extendable boom assembly relative to the second extendable boom assembly.
Allowable Subject Matter
Claims 8-10, 22 and 24-27 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim 8 is considered allowable due to the counterbalance being supported upon the base spaced apart from the base pivot axis, wherein the first link assembly pivot axis is oriented between the counterbalance and the base pivot axis.
Claim 22 is considered allowable due to the third actuator connected to the second extendable boom assembly and the pivot link to coordinate expansion and collapse of the first extendable boom assembly relative to the second extendable boom assembly; and
the fourth actuator in cooperation with the first extendable boom assembly to extend and retract the first extendable boom assembly.
Claim 24 is considered allowable due to the lever is pivotally connected to the pivot link at a second pivotal connection, further defined as a fulcrum pivotal connection.
Claims 9-10 and 25-27 are considered allowable due to their dependency from claims 8 and 24.
Claims 18 and 23 are allowed.
The primary reason for allowance of independent claim 18 is the overall combination of components, their construction and their arrangement with respect to one another regarding the aerial lift link assembly.
More specifically, independent claim 18 clearly outlines and details the features of the counterbalance being supported upon the base spaced apart from the base pivot axis, wherein the first link assembly pivot axis is oriented between the counterbalance and the base pivot axis in a way that is not anticipated or made obvious by any known prior art.
Analogous art, such as Donaldson et al. (5,669,517) hereinafter Donaldson, discloses an aerial lift (Fig. 1; 20). However, art such as Donaldson fails to disclose the counterbalance being supported upon the base spaced apart from the base pivot axis, wherein the first link assembly pivot axis is oriented between the counterbalance and the base pivot axis.
While various aerial lifts are known in the art, none alone or in combination anticipate or make obvious all of the claimed features and limitations as set forth by the applicant in independent claim 18. No reasonable combination of prior art can be made without significant hindsight and/or reconstruction.
For at least these reasons claim 18 is allowed.
Claim 23 is allowed due to its dependency from claim 18.
Response to Arguments
Applicant’s arguments with respect to claims 1-2, 4-11, 14, 17-18, 20 and 22-23 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Kathleen M. McFarland whose telephone number is (571)272-9139. The examiner can normally be reached Monday-Friday 8:00am-4:00pm.
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, Brian Mattei can be reached at (571) 270-3238. 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.
/Kathleen M. McFarland/Examiner, Art Unit 3635
Kathleen M. McFarland
Examiner
Art Unit 3635
/JESSICA L LAUX/Primary Examiner, Art Unit 3635
Prosecution Insights