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 (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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 16-19, 22-24, 26, 27, 30-33 is/are rejected under 35 U.S.C. 103 as being unpatentable over Golding US 4,826,388 in view of Robinette US 5,211,526.
Golding teaches manhole lifting device (10) comprising:
A frame (96) configured to position;
A pair of detachable lifting devices (42) including a bar (64A, 64b) over a manhole
cover. See Figs. 11-12.
At least two wheels (28, 30) mounted to the frame (96) and configured to roll in a
desired direction.
A pair of lifting mechanisms (80), such as crank or hydraulic jacks (98) mounted to said
wheels (30) and configured to raise and lower the frame. Fig. 12.
A detachable handle (14).
What Golding does not disclose is attaching the manhole lifter to a vehicle.
However, Robinette teaches a mobile crane (10) comprising:
A frame (52, 36) configured to straddle a road plate or manhole cover. See Fig. 1.
A 1st detachable lifting device (24) configured to be positioned via the frame over
a road plate or manhole cover. Col. 3, lns. 35-52. Fig. 2.
A detachable attachment mechanism (50, 54) connecting the mobile crane to a vehicle.
Therefore, it would have been obvious to one of ordinary skill in the art before the
effective filing date of the claimed invention to provide the manhole lifter of Golding with a vehicle hitch, as taught by Robinette in order to facilitate moving the device from one manhole cover to the next.
With respect to claims 17-19 Golding discloses a 1st road plate attachment mechanism (42) and a 2nd road plate attachment mechanism (42) mounted on arms (64A, 64B).
Such that the attachment mechanisms (42) What Golding does not disclose is attaching the manhole lifter to a vehicle. However, Robinette teaches a mobile crane (10) comprising:
A detachable attachment mechanism (50, 54) connecting the mobile crane to a vehicle.
Therefore, it would have been obvious to one of ordinary skill in the art before the
effective filing date of the claimed invention to provide the manhole lifter of Golding with a vehicle hitch, as taught by Robinette in order to facilitate moving the device from one manhole cover to the next.
Claim(s) 20, 21, 25, 28, 29, 34, 35 is/are rejected under 35 U.S.C. 103 as being unpatentable over Golding US 4,826,388 in view of Robinette US 5,211,526 as applied to claim 19 above, and further in view of Bigham US 2021/0206613. Golding in view of Robinette disclose a manhole lifter having a pair of manhole attachment devices (42) and a detachable vehicle attachment device. What Golding in view of Robinette do not disclose is the use of a magnet. However, Bigham teaches it is known to use a magnet to lift and move manhole covers, street or sidewalk grates or any metal structure positioned over an opening in a ground surface. [0008, 24, 0037]. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the manhole lifter of Golding in view of Robinette with a magnet as taught by Bigham in order to facilitate attachment & lifting of a variety of metallic road structures.
Response to Arguments
Applicant's arguments filed 7/13/2026 have been fully considered but they are not persuasive. Applicant’s Rep. argues the prior art does not teach a road plate weight more than 741kg. However, the limitation is irrelevant to the disclosed invention which is directed to a “portable system configured to move a road plate using a vehicle”.
Hence, the limitation does not further limit the claimed invention since the “portable system configured to move a road plate” does not include the road plate itself, rather the portable system includes structural features for attaching and lifting a road plate.
Therefore the argument is not persuasive and the rejection is maintained.
Conclusion
7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAYMOND W ADDIE whose telephone number is (571)272-6986. The examiner can normally be reached on m-f 7:30-12:30, then 6-9pm.
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/RAYMOND W ADDIE/Primary Examiner, Art Unit 3671 8/4/2026
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