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 .
Application Status
Claims 1-12 are pending and have been examined in this application.
Claims 1, 2, 4, 11 and 12 are currently amended; claims 3, and 5-10 were previously presented;
Claims 1-12 are rejected herein.
Information Disclosure Statement
As of the date of this action, an information disclosure statement (IDS) has been filed on 05/11/2022 and reviewed by the Examiner.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Response to Arguments
Applicant's arguments filed 03/30/2026 have been fully considered but they are not persuasive.
Regarding Applicant’s argument wherein “…Wang does not disclose a supporting element that abuts and slidably engaged with the inner side of a telescoping member….” The Examiner asserts that Wang clearly discloses that the supporting element (24) abutitng the telescoping member (7) as shown below. Furthermore, as specified in [0025] and disclosed in Figures 3 and 5 of reference Wang, the supporting element (24) is fixedly connected to the telescopic tube 231 and is configured to slide therewith.
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Regarding Applicant’s argument wherein “…Wang does not disclose transferring lateral forces via the supporting element to maintain the spindles in a rectilinear position….” The Examiner asserts that Wang clearly discloses that the supporting element extends across the entire width of the telescopic member, Since both of the at least two spindles have one end fixed and the other end free, it is the supporting element (24) that provides stability to the structure by transferring lateral forces to the telescopic members.
Regarding Applicant’s argument wherein “…Chen does not disclose a supporting element that abuts and slidably engaged with the inner side of a telescoping member….” The Examiner asserts that Chen clearly discloses that the supporting element (C1 see annotated figure below, is abutting) the telescoping member (11) as shown below. Furthermore, Figures 6 and 9 of reference Chen clearly discloses the sliding configuration of the supporting element C1.
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Regarding Applicant’s argument wherein “…Chen does not disclose transferring lateral forces via the supporting element to maintain the spindles in a rectilinear position….” The Examiner asserts that as shown in Figs. 6 and 9, both of the at least two spindles are supported by the supporting element C1 via other parts. Thus, it is clear that any lateral force applied to the at least two spindles would be transferred to the telescopic members via the supporting element.
Regarding Applicant’s argument wherein “…Koch sliding elements 40, 41 are positioned between the telescopic parts, not on a supporting element attached to a spindle…” The Examiner asserts that the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981).
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 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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-5 and 7-11 are rejected under 35 U.S.C. 102(a)(1)/102(a)(2) as being anticipated by Wang (U.S. Pat. Pub. No. 20070295126 A1).
Regarding claim 1, Wang teaches a lifting column comprising at least two telescopically arranged members (Wang; 12, 5, 6, 7) and a drive unit located in the hollow thereof, where the drive unit comprises an electric motor (Wang; 11), a transmission and a spindle unit (Wang; 21, 22, 32, 34, 231, 331) with at least two spindles (Wang; 21, 231, 34, 331) and at least one spindle nut (Wang; 232), where the electric motor drives the spindle unit via the transmission, and where the drive unit is connected to the at least two telescopically arranged members, which enables a longitudinal displacement of the at least two telescopically arranged members such that they are extended out of or retracted into each other depending on the direction of rotation of the electric motor, wherein the lifting column comprises at least one supporting element (Wang; Figs. 1-3, element 24) attached to one of the at least two spindles, and wherein the supporting element is wholly arranged inside one of the at least two telescopically arranged member when the at least two telescopically arranged members are in their maximum extended configuration and when they are fully retracted in to each other, and where the supporting element abuts and slidably engage with the inner side of the at least one telescopic members in which it is located, whereby lateral forces acting on the at least two spindles are transferred via the supporting element to the telescopically arranged member to maintain the spindles in a rectilinear position. (see Figs. 1-5 for configuration).
Regarding claim 2, Wang teaches the one of the at least two spindles is rotatably connected to the supporting element (Wang; 24).
Regarding claim 3, Wang teaches the one of the at least two spindles (Wang; 231, 331) attached to the supporting element (Wang; 24) is a hollow spindle.
Regarding claim 4, Wang teaches the supporting element (Wang; 24) comprises a through-going hole (Wang; hole allowing 31 to pass through) for the one of the at least two spindle to pass (34) through.
Regarding claim 5, Wang teaches the one of the at least two spindles (Wang; 21, 34) is rotatably connected to the supporting element (Wang; 24) such that it aligns with the through-going hole of the supporting element.
Regarding claim 7, Wang teaches the supporting element (Wang; 24) is a plate.
Regarding claim 8, Wang teaches it comprises two telescopically arranged members (Wang; 12, 5, 6, 7), and the spindle unit (Wang; 21, 22, 34, 231, 331) comprises a drive tube (Wang; 231, 331) and two spindles (Wang; 21, 34) and one spindle nut (Wang; 232).
Regarding claim 9, Wang teaches the longitudinal axis of the spindle unit (Wang; 21, 22, 34, 231, 331) aligns with the center axis of the cross section (Wang; cross section taken from the top) of the at least two telescopically arranged member.
Regarding claim 10, Wang teaches the longitudinal axis of the spindle unit (Wang; 21, 22, 34, 231, 331) is offset relative to the center axis of the cross section of the at least two telescopically arranged members.
Regarding claim 11, Wang teaches a lifting column comprising: at least two telescopically arranged members (Wang; 12, 14, 16);
a drive unit (Wang; 11, 12, 21, 22, 34) connected to the at least two telescopically arranged members and arranged in the hollow of the at least two telescopically arranged members,
the drive unit comprising: an electric motor (Wang; 11); a transmission (Wang; 22, 32); and a spindle unit having a plurality of spindles (Wang; 21, 34, 231, 231) and at least one spindle nut (Wang; 232); and
at least one supporting element (Wang; 24) arranged inside one of the at least two telescopically arranged member and abutting and slidably engaging with the inner side of the one of the at least two telescopically arranged members in which it is located, , whereby lateral forces acting on the at least two spindles are transferred via the supporting element to the telescopically arranged member to maintain the spindles in a rectilinear position, the at least one supporting element being attached to an end of one of the at least two spindle and
wherein the supporting element remains wholly inside the one of the at least two telescopically arranged members in which it is located when the at least two telescopically arranged members in their maximum extended configuration and when they are fully retracted into each other (see Figs. 1-5 for configuration).
Claim 12 is rejected under 35 U.S.C. 102(a)(1)/102(a)(2) as being anticipated by Chen (U.S. Pat. Pub. No. 7458562 B1).
Regarding claim 12, Chen teaches a lifting column comprising:
a hollow outer member (Chen; Figs. 6-9; 11, 12);
a hollow inner member (Chen; 13) arranged within the outer member, the inner member being capable of telescopically extending out of and retracting into the outer member;
a drive unit connected to the outer member and the inner member, and located within the hollow space of the inner member and the outer member, the drive unit comprising:
an electric motor (Chen; 20);
a transmission (Chen; 70);
a spindle unit (Chen; 40, 30) having at least two spindles and a drive nut (Chen; 131),
wherein the motor is configured to drive the spindle unit via the transmission, resulting in the inner member being extended out of or retracted into the outer member depending on the direction of rotation of the electric motor; and
a supporting element (Chen; element C1 supporting 70 and 20 see annotated figure below) arranged within the outer member and attached to one of the at least two spindles, the supporting element abutting and slidably engaging with an inner side of the outer member, whereby lateral forces acting on the at least two spindles are transferred via the supporting element to the telescopically arranged member to maintain the spindles in a rectilinear position,
wherein the supporting element remains wholly within the outer member when the inner member is fully extended out of the outer member and when the inner member is fully retracted within the outer member (see Figs. 6 and 9 for configuration).
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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.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Chen (U.S. Pat. Pub. No. 7458562 B1) in view of Koch (U.S. Pat. No. 9759296 B2).
Regarding claim 6, Wang teaches the supporting element. However, Wang is silent to disclose the supporting element comprises sliders on the surfaces abutting the inner side of the one of the at least two telescopically arranged members in which it is located. Koch teaches the sliders (40) on the surfaces abutting the inner side of the one of the at least two telescopically arranged members in which it is located.
Chen and Koch are analogous because they are from the same field of endeavor or a similar problem-solving area e.g. providing a telescoping structure. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the invention of Chen having supporting element with sliders. The motivation would have been to facilitate the movement.
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 MUHAMMAD IJAZ whose telephone number is (571)272-6280. The examiner can normally be reached M-F 11:00 am-10:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Liu can be reached at 5712728227. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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MUHAMMAD IJAZ
Primary Examiner
Art Unit 3631
/Muhammad Ijaz/Primary Examiner, Art Unit 3631
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