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 .
Response to Arguments
Applicant’s arguments, see ‘Applicants Arguments/Remarks’, filed June 9th, 2026, with respect to the rejection(s) of claim(s) 1 under 35 U.S.C. 102(a)(2) 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 Therefore, the rejection has been withdrawn.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 Gunnar (GB 2573796 A) in view of Pedersen (CN 112384465 A).
Gunnar discloses a lifting apparatus for a lifting crane as claimed in claim 1, configured to carry an elongated component, the lifting apparatus comprising: a frame with at least two support arms for carrying the elongated component; at least one flap-like interaction means provided at the frame or support arm that interacts with blowing wind to counteract tilting about a horizontal axis, the at least one flap-like interaction means being movable from a non-working position to a working position, in which the at least one flap-like interaction means is set against the wind.
Gunnar fails to disclose wherein the one flap-like interaction means provided at the frame or support means interacts with blowing wind to counteract tilting about a horizontal axis.
However, Pedersen teaches a lifting apparatus for a lifting crane wherein the one flap-like interaction means provided at the frame or support means interacts with blowing wind to counteract tilting about a horizontal axis.
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) 1-18 is/are rejected under 35 U.S.C. 103 as being unpatentable by Gunnar (GB 2573796 A) in view of Pedersen (CN 112384465 A).
Regarding claim 1, Gunnar discloses the Lifting Apparatus as claimed in claim 1, comprising a frame (15; see Fig. 2) with at least two support arms (30; see Fig. 2) for carrying the elongated component (see Fig. 1), at least one flap-like interaction means (20) provided at the frame or support arm, the at least one flap-like interaction means (20; see Fig. 3a) movable from a non-working position a working position (see Fig. 10a-10b), in which is set against the wind.
Gunnar fails to disclose wherein the one flap-like interaction means provided at the frame or support means interacts with blowing wind to counteract tilting about a horizontal axis.
However, Pedersen teaches a lifting apparatus for a lifting crane wherein the one flap-like interaction means provided at the frame or support means interacts with blowing wind to counteract tilting about a horizontal axis (see Page 10, Para. 3-4).
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 the one flap-like interaction means provided at the frame or support means interacts with blowing wind to counteract tilting about a horizontal axis on the lifting crane of Gunnar, as taught by Pedersen, so that the load can enter its intended alignment (see Page 10, Para. 3).
Regarding claim 2, Gunnar, in view of Pedersen, 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, in view of Pedersen, 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, in view of Pedersen, 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, in view of Pedersen, 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, in view of Pedersen, 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, in view of Pedersen, 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, in view of Pedersen, 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, in view of Pedersen, 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, in view of Pedersen, 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, in view of Pedersen, 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, in view of Pedersen, 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, in view of Pedersen, discloses the Crane as claimed in claim 1, comprising a lifting means with a lifting apparatus (10).
Regarding claim 14, Gunnar, in view of Pedersen, 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, in view of Pedersen, 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, in view of Pedersen, 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, in view of Pedersen, 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(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gunnar (GB 2573796 A) in view of Pedersen (CN 112384465 A), further in view of Soerensen (US 20120328408 A1).
Regarding claim 15, Gunnar, in view of Pedersen, discloses the Crane as claimed in claim 1.
Gunnar, as modified by Pedersen, 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 modified by Pedersen, as taught by Soerensen, in order to control the torque about the bearing wire (Para. 0090).
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.
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
/GENE O CRAWFORD/Supervisory Patent Examiner, Art Unit 3651
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