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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 9/30/2021 was filed and the submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
The disclosure is objected to because of the following informalities: it appears in the paragraph [0012] of specification of US Publication 2023/0182322,
the mis-spelled word “pm” should be changed to – pin – described as “an upper pin” in the paragraphs [0011] and [0012]. Appropriate correction is required.
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 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.
Claims 9-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Brown (6,076,778).
RE claim 9, Brown (6,076,778) discloses an adapter block for an air conditioning unit (13) or a vacuum material handler, comprising:
a body (see Figs. 2, 3, and 5-7) having a first arm (27, 43, 37 of Fig. 3; or 157 of Fig. 8) having an upper end (see Exhibit A);wherein said first arm has a first lower clamp segment (71 of Figs. 5 and 6; or 159 of Fig. 8) on said upper end that defines a first receiver for receiving an tipper pin assembly (11 of Fig. 2; or see Fig. 5; or 161 of Fig. 8); wherein said upper pin assembly has an upper pin (11 of Fig. 2; or see Fig. 5; or 161 of Fig. 8); defining a first end and a second end; wherein said first end of said upper pin (11 of Fig. 2; or see Fig. 5; or 161 of Fig. 8) is received in said first receiver; a first upper clamp segment (117 of Fig. 7) for securing to said first lower clamp segment for securing said upper pin assembly within said first receiver.
Exhibit A
[AltContent: textbox (Second Lower Clamp )][AltContent: arrow][AltContent: textbox (A second arm)][AltContent: textbox (A first arm)][AltContent: arrow][AltContent: arrow]
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RE claim 10, Brown’s adapter (6,076,778) also teaches a second arm (see Exhibit A) having an upper end wherein said second arm has a second lower clamp segment (71 of Figs. 5 and 6; or 159 of Fig. 8) on said upper end that defines a second receiver for receiving said upper pin assembly; wherein said second end of said upper pin is received in said second receiver; a second upper clamp segment (117 of Fig. 7) for securing to said second lower clamp segment for securing said upper pin (66) within said second receiver.
RE claim 11, Fig. 8 of Brown’s adapter (6,076,778) shows a lower pipe (147), which can be considered as a lower pin receiver capable of affixing to a component such as a rotator.
RE claims 12 and 13, Fig. 6 of Brown’s adapter (6,076,778) teaches a first spacer (127 and 129) and a second spacer on said upper pin, said first spacer received between said first upper clamp portion (117) and said first lower clamp portion (71).
RE claim 14, Brown’s adapter (6,076,778) provides a second arm (see Exhibit A) having a second receiver on an upper end (see Exhibit A) of said second arm; said second spacer (127 and 129) received in said second receiver, wherein said first spacer (129, which is roller balls) and said second spacer (129, which is roller balls) are slidably received on said upper pin wherein said first spacer and said second spacer appears to be capable of moving towards one another to select a narrow setting or may be moved away from one another to select a wide setting for said upper pin assembly. Note that Fig. 8 shows a strap (165, 167) which also could be considered as a spacer.
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 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 15-17 are rejected under 35 U.S.C. 103 as being unpatentable over Lin et al. (US 2009/0288458) in view of Vicars (6,786,111).
RE claim 15, Lin et al. (US 2009/0288458) discloses a method of affixing vacuum material handler (see Figs. 1-2) to host equipment and a method comprising the steps of providing and carrying an tipper pin (see Exhibit B) with a boom (12) of the host equipment; provides and locating said tipper pin within a clamp assembly, but does not specifically show a first receiver on an upper end of a first arm of an adaptor wherein said first receiver is defined by a first lower clamp segment; securing a first upper clamp segment to said first lower clamp segment for securing said upper pin within said first receive. Exhibit B
[AltContent: textbox (Clamp Assembly)][AltContent: textbox (Lifting pin)][AltContent: arrow][AltContent: arrow]
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However, Vicars (6,786,111) discloses a connecting rod (see Figs. 1-3) having a first receiver (18) (see Fig. 1) on an upper end (if inverted position of Fig. 1) of a first arm (12) of an adaptor wherein said first receiver is defined by a first lower clamp segment; providing and securing a first upper clamp segment (if inverted position of Fig. 1) to said first lower clamp segment for securing said upper pin within said first receive. Thus, it would have been obvious to one of ordinary skill in the lifting and supporting art before the effective filing date of the invention to provide a connecting rod (see Figs. 1-3) having a first receiver (18) (see Fig. 1) on an upper end (if inverted position of Fig. 1) of a first arm (12) of an adaptor wherein said first receiver is defined by a first lower clamp segment; providing and securing a first upper clamp segment (if inverted position of Fig. 1) to said first lower clamp segment for securing said upper pin within said first receive of
Lin et al. (US 2009/0288458) as taught by Vicars (6,786,111) to conveniently attach and secure the upper clamp to the upper pin provided as a user’s friendly, but a reliable device.
RE claim 16, the modified Lin et al. (US 2009/0288458) does not teach a second clamp assembly having a second receiver defined by a second lower clamp segment on an upper end of a second arm; and securing a second lower clamp segment on an upper end of said second arm. It is pointed to those obvious to one of ordinary skill in the lifting and supporting art before the effective filing date of the invention to provide a second clamp assembly having connecting rod (see Figs. 1-3) having a first receiver (18) (see Fig. 1) on an upper end (if inverted position of Fig. 1) of a first arm (12) of an adaptor wherein said first receiver is defined by a first lower clamp segment; providing and securing a first upper clamp segment (if inverted position of Fig. 1) to said first lower clamp segment for securing said upper pin within said first receive of Lin et al. (US 2009/0288458) as taught by Vicars (6,786,111) to firmly attach and secure the upper clamp to the upper pin provided as a user’s friendly, but a reliable device.
RE claim 17, It is pointed to those obvious to one of ordinary skill in the lifting and supporting art before the effective filing date of the invention to apply downward force with said upper pin onto said first receiver for aligning an orientation of said upper pin.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Lin et al. (US 2009/0288458) and Vicars (6,786,111) and further in view of Kruse et al. (US 2009/0056931).
RE claim 15, Lin et al. (US 2009/0288458), as presented above, does not specifically show at least one first spacer on said upper pin. However, Kruse et al. (US 2009/0056931) teaches a camping assembly having a spacer (362) between the clamps (see paragraph [0052]). Thus, it would have been obvious to one of ordinary skill in the lifting and supporting art before the effective filing date of the invention to provide a spacer between the upper and lower clamps of Lin et al. (US 2009/0288458) as taught by Vicars (6,786,111) to firmly attach and secure the pin preventing any rotation or slipping off to a user.
Allowable Subject Matter
Claims 1-8 are allowed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAUL T CHIN whose telephone number is (571)272-6922. The examiner can normally be reached on M-F 8:00-4:30 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Gene Crawford can be reached on (571) 272-6911. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PAUL T CHIN/Primary Examiner, Art Unit 3651