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 .
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.
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.
(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 19 and 20 are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Kollreider et al. (US 9091334, "Kollreider '334").
19. A method of manufacturing a linear jack, comprising:
disposing a first sleeve (21) at least partially within a second sleeve (sleeve 22 is outside first sleeve 21, see Kollreider '334 fig. 6), wherein the first sleeve is threadedly coupled to the second sleeve (22 is coupled to profile tube 2, which is coupled to first sleeve 21 via spindle nut 6 and translating screw 5, see Kollreider '334 figs. 1 and 6) with an inner diameter surface of the second sleeve engaging an outer diameter surface of the first sleeve (inner diameter of 22 engages outer diameter of 21, see Kollreider '334 fig. 6);
disposing a translating screw (5) at least partially within a third sleeve (2), wherein the third sleeve is threadedly coupled to the translating screw (2 is coupled to 5 at spindle nut 6, see Kollreider '334 fig. 1 and 3:64-4:16);
disposing the third sleeve at least partially within the first sleeve (2 is inside 21 when the linear actuator is fully retracted, see Kollreider '334 figs. 1 and 6); and
disposing a fourth sleeve (31) at least partially within the first sleeve (31 will be inside 21 when fully retracted, see Kollreider '334 fig. 6);
wherein the fourth sleeve is configured to translate with the second sleeve (31 is coupled to 22 and will move with it, see Kollreider '334 fig. 6 and 4:64-5:58).
Kollreider ‘334 does not explicitly teach method steps of disposing each sleeve in the stated relative positions. However, as normal operation of the linear actuator of Kollreider '334 will necessarily involve extension and retraction of the sleeve and threaded elements and that it is not possible to construct the device taught by Kollreider '334 that satisfies the claimed relative positions of the sleeves, screw, and threaded connections without disposing those components in those positions, Kollreider '334 therefore inherently anticipates the method of claim 19.
Under an alternative theory of the claim, although Kollreider ‘334 does not explicitly teach method steps of disposing each sleeve in the stated relative positions, normal operation of the linear actuator of Kollreider '334 will necessarily involve extension and retraction of the sleeve and threaded elements and one of ordinary skill before the effective filing date would have found it obvious to construct the device taught by Kollreider '334 in a manner that involved disposing the claimed components in each of the claimed positions, as doing so represents no more than the combination of known parts according to known methods (specifically the known method of assembling an object by pairing similarly sized elements together), and the results of such a combination would have been predictable to one of ordinary skill.
20. Kollreider '334 teaches the method of claim 19, further comprising coupling a flange (30) between an end of the fourth sleeve and an end of the second sleeve, whereby the fourth sleeve is fixed to the second sleeve (22 is fixedly coupled to 31 via flange 30, see Kollreider '334 fig. 6 and 5:25-35).
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.
Claims 11-14 and 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Koch (US 6880416) in view of Kollreider et al. (US 9759296, "Kollreider '296").
11. Koch teaches a linear jack (Koch figs. 1-2), comprising:
a first sleeve (15);
a second sleeve (14) comprising a first tube portion and a second tube portion (sleeve 14 includes upper and lower tube portions, see Koch fig. 2),
wherein the second tube portion is threadedly coupled to the first sleeve (14 is indirectly coupled to 15 via internal threads 13, see Koch fig. 2);
a shaft (7) disposed at least partially within the first sleeve (shaft 7 is within 15 when fully retracted, see Koch fig. 1);
a third sleeve (1) configured to receive the shaft, the third sleeve disposed at least partially within the first sleeve (sleeve 1 is within 15 when fully retracted, see Koch fig. 1);
a translating screw (2) disposed at least partially within the third sleeve, wherein the third sleeve is threadedly coupled to the translating screw (at threaded portion 13, see Koch fig. 2 and 4:44-48); and
a tube (4) comprising a centerline axis, wherein the first sleeve is slidable relative to the tube between a first position and a second position (15 slides in and out relative to 4, see Koch figs. 1-2);
wherein the tube comprises a first tube geometry, the first tube portion comprises the first tube geometry, and the second tube portion comprises a second tube geometry (upper portion of 14 has geometry corresponding to outer geometry of tube 4 and lower portion of 14 includes geometry corresponding to outer portion of 16, see Koch figs. 1-2), wherein the second tube geometry comprises a circular geometry (the lower portion of 14 includes geometry for interacting with a ball-bearing 16, which is definitionally circular, see Koch fig. 2 and 4:59-65); and
wherein the third sleeve is configured to rotate together with the shaft (1 rotates with shaft 7, see Koch 4:6-17).
Koch does not teach that the first sleeve is disposed at least partially within the second sleeve, or that the tube comprises an outer tube, wherein the first sleeve is slidable in the outer tube.
Koch also does not explicitly teach that the first tube geometry comprises a polygonal geometry (Koch teaches that the junction between tube 4 and the upper portion of 14 is a non-rotatable, sliding connection, Koch 4:59-67, but does not specify the geometry involved).
However, Kollreider '296 teaches the concept of providing a linear jack (20) having three sleeves (21, 22, and 23), wherein relative positions of the sleeves may be inverted without modifying the internal structure of the threaded drive systems (see Kollreider '296 figs. 1-2 and 5:53-6:9). Kohlreider ‘296further teaches that an upper portion (24) of the geometry of a tube (22) may include a polygonal geometry (to interact with square element 24, see Kollreider '296 figs. 2-4 and 6:20-60).
It would have been obvious to one of ordinary skill before the effective filing date to integrate the teaching of structure allowing for a reversed direction for telescoping sleeves from Kollreider '296 into the linear jack of Koch such that the first sleeve is disposed at least partially within the second sleeve, or that the tube comprises an outer tube, wherein the first sleeve is slidable in the outer tube (i.e., such that first sleeve 15 fit inside second sleeve 14 which itself fit inside tube 4, such that the first sleeve was slidable into and out of the tube, see Koch figs. 1-2 and Kollreider '296 figs. 1-2), and the first tube geometry comprised a polygonal geometry, as doing so would allow for simplified repair and reconfiguration, see Kollreider '296 8:45-62).
12. Koch as modified teaches the linear jack of claim 11, wherein the first sleeve is configured to rotate in response to rotation of the shaft (rotating entire jack will result in both the shaft and first sleeve rotating, consequently, the first sleeve is capable of rotating in response to at least one kind of rotation of the shaft and therefore satisfies the claim limitation).
13. Koch as modified teaches the linear jack of claim 11, wherein the shaft, the first sleeve, the second tube portion, and the translating screw are coaxially aligned (see Koch fig. 1).
14. Koch as modified teaches the linear jack of claim 11, further comprising a fourth sleeve (32) fixed to the second sleeve, wherein the fourth sleeve is disposed at least partially within the first sleeve (Kollreider '296 teaches that the reversed configuration is enabled by the presence of a fourth sleeve 32 affixed to the second sleeve 22 that would fit inside first sleeve 21 when fully retracted, see Kollreider '296 fig. 2).
17. Koch as modified teaches the linear jack of claim 11, wherein the third sleeve comprises a flange extending radially inward therefrom, wherein the third sleeve is threadedly coupled to the translating screw via the flange (screw 2 is connected to third sleeve 1 via a inwardly-flanged threaded nut 13, see Koch fig. 2 and 4:44-48).
18. The linear jack of claim 11, further comprising a cover sleeve (32) coupled to the translating screw (32 is coupled to 5 via 2 and 3, see Kollreider '296 fig. 2), wherein the translating screw is disposed at least partially within the cover sleeve (5 sits within 32 when fully retracted, see Kollreider '296 fig. 2) and the cover sleeve is received at least partially within the second sleeve (32 sits inside 22, see Kollreider '296 fig. 2).
Claims 15 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Koch and Kollreider '296 as applied to claim 14 above, and further in view of Svensson (US 4651581).
15. Koch as modified teaches the linear jack of claim 14, wherein the fourth sleeve comprises a first flange extending radially inward from the fourth sleeve (sleeve 32 is connected to tube 2 at junction of 2 and 3 with a flange, see Kollreider '296 fig. 2; the modification of Koch would result in a comparable structure linking third sleeve 1 to the second sleeve 14, see Koch fig. 2 and Kollreider '296 fig. 2).
Koch as modified does not teach the presence of a second flange extending radially inward from the fourth sleeve.
However, Svensson teaches the concept of providing a connection between threaded portions and non-threaded portions comprising multiple interacting flanges (flanges 17, 18, and 19, see Svensson figs. 1-2). It would have been obvious to a person of ordinary skill in the art before the effective filing date to integrate the teachings of Svensson regarding a flanged connection between telescoping elements into the device of Koch, such that there were two inward-facing flanges having an outward-facing flange and friction reducing material between them, as doing so would facilitate desirable motion between rotating elements and nut elements. movement (see Svensson 2:3-21).
16. Koch as modified teaches the linear jack arrangement of claim 15, wherein the third sleeve comprises a third flange extending radially outward therefrom, and the third flange is disposed axially between the first flange and the second flange (as noted above, integrating the teachings of Svensson into Koch as modified would result in the third sleeve including an outward-facing flange sandwiched between the inward-facing flanges of the fourth sleeve).
Allowable Subject Matter
Claims 1-10 remain allowable over the prior art for the reasons set forth in the Office Action mailed 20 October 2025.
Response to Arguments
Applicant's arguments filed 17 March, 2026 have been fully considered but they are not persuasive.
Regarding the presence of polygonal tube geometry, as noted in the above rejection, Kollreider ‘296 teaches the presence of geometry associated with tubes and having polygonal or circular elements. Consequently, the arguments to the contrary are not persuasive, as they appear to rely on a narrower interpretation of the term “tube geometry” than the broadest reasonable interpretation.
Applicant’s arguments, see page 9, filed 17 March, 2026, with respect to the rejection of claim 19 regarding the inner and outer nature of telescoping parts have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of an alternative interpretation of Kollreider ‘334.
Regarding the term “threadedly coupled”, the broadest reasonable interpretation of the term “coupled” does not require a direct connection, but that there is some connection joining the elements together. The inclusion of the term “threadedly” simply means that the connection involves threaded engagement. In the context of the claim, the broadest reasonable interpretation of the wherein clause requires that a connection of some sort involving threads be present between the first sleeve and the second as part of completing the manufacture of the jack.
If the claim were to include a limitation positively reciting a step similar to “inserting a threaded portion of a first sleeve at least partially into a threaded portion of a second sleeve”, then applicant’s arguments would be more persuasive, but it does not. Consequently, applicant’s argument is not persuasive.
For these reasons, the rejections are maintained.
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.
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/J.R.Z./Examiner, Art Unit 3723
/JOEL D CRANDALL/Examiner, Art Unit 3723
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