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 .
Election/Restrictions
Applicant’s election without traverse of Invention I in the reply filed on 05/28/26 is acknowledged. Claims 14-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Inventions II and III, there being no allowable generic or linking claim.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 3, 12 and 13 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.
Claim 3 recites the limitation "the thickness" in Line 1. There is insufficient antecedent basis for this limitation in the claim. Additionally, it is indefinite and unclear as to whether claim 3 is meant depend upon claim 2 which is the first claim to set forth the “thickness”?
Claim 12 recites the limitation "the profile" in Line 3. There is insufficient antecedent basis for this limitation in the claim. To overcome this rejection, replace the phrase “the profile” with “a profile”.
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.
Claim(s) 1-7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO 2016/042212 (Frondelius et al.).
Regarding Claims 1-7, Frondelius et al. teaches: Claim 1 – a lifting frame (seen in Figure 1) for/capable of lifting a transformer or reactor, comprising: a frame wall section (16 - Figure 2), extending within a frame wall section plane (plane of section (16) as seen in figure 2); and a lifting opening (at (22)) formed within the frame wall section (16), wherein a lifting opening axis is oriented normal with respect to the frame wall section plane, the frame wall section (16) immediately surrounding the lifting opening (at (22)) having a thickness that increases with decreasing distance to the lifting opening axis, such that the thickness of the frame wall section surrounding the lifting opening increases substantially symmetrically with respect to the plane (the thickness of the wall section (16) is less than that of the tubular element (22) which forms the lifting opening), (Figures 1-7); Claim 2 – wherein the thickness of the frame wall section (16) increases with decreasing distance to the lifting opening axis in at least one step from a first thickness t1 to a second thickness, wherein the second thickness is larger than the first thickness (the thickness of the tubular element (22) is thicker than the thickness of the wall section (16)), (Figures 1-7); Claim 3 – wherein the thickness of the frame wall section (16) surrounding the lifting opening (at (22)) shows a rotational symmetry with respect to the lifting opening axis, (Figures 1-7); Claim 4 – wherein the frame wall section (16) comprises a tube member (22), having a longitudinal axis that is oriented substantially parallel to or that substantially coincides with the lifting opening axis, (Figures 1-7); Claim 5 – the frame wall section (16) with increased thickness of the lifting opening (at (22)) is formed by the tube member (22), (Figures 1-7); Claim 6 – wherein the tube member (22) attached to a residual portion of the frame wall section (16), (Figures 1-7); Claim 7 - wherein the tube member (22) is made of a metal material (cross section as seen in Figure 7 indicates metal; see MPEP 608.02), (Figures 1-7).
Allowable Subject Matter
Claims 8-11 and 14 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 12 and 13 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Josh Rodden whose telephone number is (303) 297-4258. The examiner can normally be reached on M-F, 8-5 MST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joshua Michener can be reached on (571) 272-1467. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOSHUA E RODDEN/Primary Examiner, Art Unit 3642
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