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
Claims 21 and 43-53 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The following claims are vague, indefinite, awkwardly, confusingly worded and/or lacking proper antecedent basis:
These claims 21 and 43-53 recite “any of claim “ . The phrase any of the claim is confusing since the claim would be referred to in part. The claim is dependent on all of the claim.
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 (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 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, 9 and 21 is/are rejected under 35 U.S.C. 102(a1) as being anticipated by Bendixen 2022/0397232 A1.
Bendixen discloses the claimed invention as recited in the claims as shown below:
Claim 1 (original): A lifting/lowering underframe, comprising:
a lifting/lowering mechanism, which comprises a first lifting/lowering frame 3, a second lifting/lowering frame 2 and a driving member 11, wherein two ends of said driving member are respectively connected with said first lifting/lowering frame and said second lifting/lowering frame, wherein said driving member is an electric push rod 15, wherein said driving member held between said first lifting/lowering frame and said second lifting/lowering frame allows the relative movement of said first lifting/lowering frame and said second lifting/lowering frame to be driven electrically.
Claim 9 (original): A lifting/lowering underframe, comprising:
a lifting/lowering mechanism, which comprises a rotating member 32 and wheels, a maintaining member 5 and at least one driving member 11, wherein two ends of said driving member are respectively connected with said rotating member and said maintaining member, so that said driving member is capable of driving said rotating member and said maintaining member to move relative to each other; and
an affixed base 32, wherein said lifting/lowering mechanism is rotatably mounted on said affixed base, and allows said lifting/lowering underframe to be capable of switching between a rotatable state and a locking state . Wheels can be locked into place
Claim 21 (currently amended): The lifting/lowering underframe, as recited in any of claims 9-28, wherein said driving member is implemented as an electric push rod 15.
Allowable Subject Matter
Claims 2-8, 10-20, 22-42, and 54-64 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.
Claims 21 and 43-53 are rejected under 112 rejection but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The 892 form discloses prior art being made record.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LEE D WILSON whose telephone number is (571)272-4499. The examiner can normally be reached M-TH 6;30-4;30.
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LEE D. WILSON
Examiner
Art Unit 3723
Ldw
/LEE D WILSON/Primary Examiner, Art Unit 3723 September 23, 2025