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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
The term “far away” in claim 1 is a relative term which renders the claim indefinite. The term “far away” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 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.
Claim(s) 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Smith (US5704498).
Referring to claim 1. Smith et al (herein “Smith”) discloses a “Transportable Crane”. See Figs. 1-15 and respective portions of the specification. Smith further discloses a crane assembly comprising a base (chassis, 50), a main swing device (54) rotatably mounted on the base (See Col. 4 L. 36-41), a telescopic device (riser boom, 56, upper boom 64, and telescoping cylinders (See at least Col. 4 L. 44-65, Col. 5 L. 14-33), a pitching device (elevation cylinders 84, 86) (See at least Col. 4 L. 46-49, Col. 5 L. 10-13), and a secondary swing device (near 66, upper boom pivotally connected to rise boom at pivot connect provides second articulated rotation means) (See at least Col. 4 L. 65 – Col. 5 L. 3); Smith further discloses wherein the base (50) supports the swing device (54), which in turn supports the telescopic device, and wherein the pitching device is structurally disposed between the main swing device and the secondary swing device, the main swing device and the secondary swing device capable of swinging the base (See at least Col. 4 L. 36-65, Col. 5 L. 1-13).
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(s) 1 are rejected under 35 U.S.C. 103 as being unpatentable over Smith et al (US5704498).
Referring to claim 1. Smith et al (herein “Smith”) discloses a “Transportable Crane”. See Figs. 1-15 and respective portions of the specification. Smith further discloses a crane assembly comprising a base (chassis, 50), a main swing device (54) rotatably mounted on the base (See Col. 4 L. 36-41), a telescopic device (riser boom, 56, upper boom 64, and telescoping cylinders (See at least Col. 4 L. 44-65, Col. 5 L. 14-33), a pitching device (elevation cylinders 84, 86) (See at least Col. 4 L. 46-49, Col. 5 L. 10-13), and a secondary swing device (near 66, upper boom pivotally connected to rise boom at pivot connect provides second articulated rotation means) (See at least Col. 4 L. 65 – Col. 5 L. 3); Smith further discloses wherein the base (50) supports the swing device (54), which in turn supports the telescopic device, and wherein the pitching device is structurally disposed between the main swing device and the secondary swing device, the main swing device and the secondary swing device capable of swinging the base (See at least Col. 4 L. 36-65, Col. 5 L. 1-13). If applicant disagrees that Smith discloses a secondary swing device, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the articulated crane assembly of Smith to include a second swing joint downstream of the main swing device, to increase the working envelop of the boom, improve maneuverability in tight spaces, and enhance precision placement.
Claim(s) 2-5 are rejected under 35 U.S.C. 103 as being unpatentable over Smith et al (US5704498) in view of Backer (EP0856487).
Referring to claim 2. Smith discloses the system as disclosed above. Smith doesn’t explicitly disclose an accommodating groove is formed in the telescopic device; and the main swing device is embedded into the accommodating groove. Backer discloses a “Lift With Articulated Dual Parallelogram Boom Assembly”. See Figs. 1-9 and respective portions of the specification. Backer further discloses an articulated boom assembly (5), telescopic boom assembly (7), reinforcing plates (40), and wherein the telescopic boom member includes a groove (50) formed in the boom structure and reinforcing plates extending along the arm, wherein the groove structure accommodates adjacent structural members within the boom profile. Further, Backer discloses a hole (42) formed in the tubular tension arm (17) to accommodate hydraulic cylinder (21) (See at least Col. 4 L 22 – 55, Col. 6 L. 50 – Col. 7 L. 3). Thus Backer teaches forming structural recesses in boom members. It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the telescopic boom of Smith to include an accommodating groove configured to receive or embed the main swing device in order to reduce overall structural height and improve compactness, as taught by Backer.
Referring to claim 3. Smith in view of Backer disclose the combination as described above in detail. Backer further discloses accommodating components within structural recesses (See Col. 4 L. 22 -55, Col. 6 L. 50 – Col. 7 L. 3). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Smith wherein embedding a swing device within a groove would require spacing between the rotating element and the groove bottom to allow rotation, avoid binding and load distribution.
Referring to claim 4. Smith in view of Backer disclose the combination as described above. Smith further discloses telescopic boom sections designed to withstand substantial bending and torsional loads. Smith doesn’t disclose a reinforcing plate arranged on the telescopic device, the reinforcing plate fixedly connected with the telescopic device, and wherein the reinforcing plate extends from one end of the telescopic device to the other end of the telescopic device. Backer discloses reinforcement plates (40) attached to and projecting from tubular tension arm (17) to provide pivot mounting support and structural stability (See at least Col. 6 L. 38 – Col. 7 L. 10). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to provide reinforcing plates as taught by Backer extending from one end to the other end of the telescopic device of Smith in order to increase load-bearing capacity and structural rigidity, which would permit increased structural integrity and improved resistance to bending under loads.
Referring to claim 5. Smith in view of Backer discloses the combination as described above. Smith further discloses lift cylinder (24) pivotally connected between riser (6) and telescopic boom (56) (See Fig. 5), wherein the lift cylinder is mounted via bracket structures that function as mounting plates and allow pivotal /swingable connection. Smith doesn’t disclose wherein the pitching device comprises mounting plates and a pitching oil cylinder; the mounting plates extend from the secondary swing device to the telescopic device; one end of the pitching oil cylinder is connected with the corresponding mounting plate in a swingable mode; the other end of the pitching oil cylinder is in transmission connection with the secondary swing device; and when the pitching oil cylinder acts, the secondary swing device can be driven to pitch up or down. Backer discloses reinforcement plates (40) serve as pivot mounting points for linkages within the articulated assembly (See at least Col. 6 L. 15 – Col. 7 L. 10). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to employ mounting plates extending between articulated members to support a pitching cylinder in a pivotally connected configuration, so that the pitching motion could be controlled.
Allowable Subject Matter
Claims 6-9 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TERRELL HOWARD MATTHEWS whose telephone number is (571)272-5929. The examiner can normally be reached Monday thru Friday; 8:00 AM - 4:30 PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael McCullough can be reached at (571)272-7805. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TERRELL H MATTHEWS/Primary Examiner, Art Unit 3653