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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that use the word “means” or “step” but are nonetheless not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitation(s) recite(s) sufficient structure, materials, or acts to entirely perform the recited function. Such claim limitation(s) is/are:
“flap-like interaction means” in claim(s) 1-9, 11-12, 16-18.
“one sensor means” in claim(s) 12 and 17
“lifting means” in claim(s) 13-14
Because this/these claim limitation(s) is/are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof.
If applicant intends to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitation(s) does/do not recite sufficient structure, materials, or acts to perform the claimed function.
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)(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.
Claim(s) 1-18 is/are rejected under 35 U.S.C. 102(a)(2) as being unpatentable by Gunnar (GB 2573796 A).
Regarding claim 1, Gunnar discloses the Lifting Apparatus as claimed in claim 1, comprising a frame (15) with at least two support arms (30) for carrying the component, at least one flap-like interaction means (20) for interacting with blowing wind provided at the frame (15) or a support arm (30), flap-like interaction means (20) movable from a non-working position a working position, in which is set against the wind.
Regarding claim 2, Gunnar discloses the Lifting Apparatus as claimed in claim 1, wherein several flap-like interaction means (20) are arranged at different positions at the frame (15) and/or at least one support arm (30).
Regarding claim 3, Gunnar discloses the Lifting Apparatus as claimed in claim 1, wherein the at least one or the several flap-like interaction means (20) are arranged close to or at end of the frame (15) or at top or bottom or side of the support arm (30).
Regarding claim 4, Gunnar discloses the Lifting Apparatus as claimed in claim 3, wherein the several flap-like interaction means (20) are arranged close to or at both ends of the frame (15) or at the top or the bottom or the side of both support arms (30).
Regarding claim 5, Gunnar discloses the Lifting Apparatus as claimed in claim 1, wherein the or at least one of the several flap-like interaction means (20) is mounted pivotally at the frame (15) or support arm (30) (see fig. 6a-7 below).
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Regarding claim 6, Gunnar discloses the Lifting Apparatus as claimed in claim 1, wherein the or at least one of the several flap-like interaction means (20) is movably by shifting at the frame (15) or support arm (30) (see Fig. 6a-7 below).
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Regarding claim 7, Gunnar discloses the Lifting Apparatus as claimed in claim 6, wherein the flap-like interaction means (20) is linearly movable, or in a combined linear and curved movement (see Fig. 6a-7 below).
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Regarding claim 8, Gunnar discloses the Lifting Apparatus as claimed in claim 1, wherein the at least one or each flap-like interaction means (20) is shiftable along the frame (15) or the support arm (30) to change frame or arm position (see Fig. 6a-7 below).
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Regarding claim 9, Gunnar discloses the Lifting Apparatus as claimed in claim 1, wherein at least one controllable actuator (54) is arranged for moving a flap-like interaction means (20) from the non-working position to the working position and/or for changing position at the frame (15) or support arm (30) (see Fig. 10a-10b below).
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Regarding claim 10, Gunnar discloses the Lifting Apparatus as claimed in claim 9, wherein the actuator (54) is a hydraulic or pneumatic or electric cylinder or an electric motor (56).
Regarding claim 11, Gunnar discloses the Lifting Apparatus as claimed in claim 1, wherein at least one control device (51) is provided for controlling movement of the at least one flap-like interaction means (20), by controlling the actuator (54).
Regarding claim 12, Gunnar discloses the Lifting Apparatus as claimed in claim 11, wherein at least one sensor means (55) for sensing a given or upcoming vertical tilting of the lifting apparatus or of the frame (15) or of at least one arm (30) is provided, whereby the control device (51) is configured to control the movement of the at least one or of the several flap-like interaction means (20) depending on the sensor means information (Col. 10, lines 5-15).
Regarding claim 13, Gunnar discloses the Crane as claimed in claim 1, comprising a lifting means with a lifting apparatus (10).
Regarding claim 14, Gunnar discloses the Crane as claimed in claim 1, wherein the lifting means (10) comprises one or more lifting cables (16), to which a connection device is attached (Col. 6, lines 5-10).
Regarding claim 16, Gunnar discloses a method for lifting a component using a crane as claimed in claim 13, wherein during the lifting process, when a vertical tilting movement of the lifting apparatus (10) or at least possibility of vertical tilting movement is detected, the at least one flap-like interaction means (20) or one or more of the several flap-like interaction means are moved from the non-working position to the working position for counteracting the tilting movement (Col. 5, lines 5-20).
Regarding claim 17, Gunnar discloses a method for lifting a component using a crane as claimed in claim 16, wherein during the lifting process orientation of the lifting apparatus (10) is constantly sensed by at least one sensor means (55) of the lifting apparatus (10), whereby the one or more flap-like interaction means (20) are controlled by a control device (51) based on the provided sensor means information (Col. 9, lines 15-30).
Regarding claim 18, Gunnar discloses a method for lifting a component using a crane as claimed in claim 17, wherein the control device (51) controls movement of the flap-like interaction means (20) from the non-working position to the working position as well as movement for changing position of the respective flap-like interaction means at the frame (15) or support arm (30) (Col. 9, lines 15-30).
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 (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 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) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gunnar (GB 2573796 A) in view of Soerensen (US 20120328408 A1).
Regarding claim 15, Gunnar discloses the Crane as claimed in claim 1.
Gunnar fails to disclose wherein one or more taglines are attached to the lifting apparatus.
However, Soerensen teaches wherein one or more taglines (40 and 42) are attached to the lifting apparatus (10).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to introduce wherein one or more taglines are attached to the lifting apparatus on the crane of Gunnar as taught by Soerensen in order to control the torque about the bearing wire (Para. 0090).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to REHMAN A QURESHI whose telephone number is (571)272-6262. The examiner can normally be reached 7:00am-5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert Hodge can be reached at (571) 272-2097. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/REHMAN A QURESHI/ Examiner, Art Unit 3654
/ROBERT W HODGE/ Supervisory Patent Examiner, Art Unit 3654