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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 1/28/2026 has been entered.
Claim Objections
Claims 6 and 19 are objected to because of the following informalities: claims 6 and 19 recite “the lower powered actuator is connected between the second and third clamping structures” but according to the Specification and the Figures, the lower powered actuator is connected between the third and fourth clamping structures. This appears to be a typo. Appropriate correction is required.
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 1, 6-9, 21, and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Broersma (US 2,645,372) in view of Beard (US 10,450,176 B1).
Consider claims 1 and 6. Broersma teaches an article lifting device, comprising: a base (10) supported on a plurality of wheels; a source of power (motor of 10) mounted on the base; a clamping apparatus (see fig. 4); a lifting device (11, 12, 15) mounted on the base and connected to the clamping apparatus to lift the clamping apparatus; and the clamping apparatus having a powered actuator (40) that receives power from the source of power (via 53), to clamp or unclamp an article. Broersma teaches that the clamping apparatus comprises a vertical bracket (17, 24, etc.) and upper first and second clamping structures (upper 58 and 59) carried by the vertical bracket, the first clamping structure fixed to the vertical bracket (via 36) and the second clamping structure pivotally attached to the vertical bracket (via 37), and lower third and fourth clamping structures (lower 58 and 59) carried by the vertical bracket, the third clamping structure fixed to the vertical bracket (via 36) and the fourth clamping structure pivotally attached to the vertical bracket (via 37), the first, second, third, and fourth clamping structures having arcuate engagement surfaces (see fig. 4) that face opposite sides of an article and wherein the at least one actuator is connected between the first and second clamping structures (proximate 44 and 45 in fig. 4). Broersma’s device is capable of lifting, clamping, and unclamping a gas cylinder. Please see MPEP 2115 regarding article worked upon by an apparatus.
Broersma does not explicitly teach an upper powered actuator and a lower powered actuator as specifically claimed. Beard teaches a vertical bracket (130), an upper powered actuator (171, 172), a lower powered actuator (171’, 172’), upper first and second clamping structures and lower third and fourth clamping structures (155, 155, 155, 155; see fig. 2) carried by the vertical bracket, the upper powered actuator connected between the first and second clamping structures, and the lower powered actuator connected between the third and fourth clamping structures (see fig. 2). It would have been obvious to a person having ordinary skill in the art to modify Broersma’s clamping apparatus to have an upper powered actuator and a lower powered actuator as taught by Beard in order to increase the clamping force or to provide redundancy in the event of a single failure. Furthermore, it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. Please see MPEP 2144.04(VI)(B) and In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960).
Consider claim 7. Broersma teaches that the arcuate engagement surfaces of the first and second clamping structures are connected to the third and fourth clamping structures respectively by a plurality of vertical slats (between 59 and 59 and between 58 and 58, see fig. 3).
Consider claim 8. Broersma teaches that the lifting device is powered (see column 2, lines 5-9).
Consider claim 9. Broersma teaches that the lifting device comprises a motor operated lifting device (see column 2, lines 5-9) connected to the clamping apparatus and comprising a guide column (11) guiding a vertical movement of the clamping apparatus.
Consider claims 21 and 22. Broersma teaches a portable lifting device, comprising: a base (10) supported on a plurality of wheels; a source of power (motor of 10) carried by the base; a clamping apparatus (see fig. 4) carried by the base; a lifting device (11, 12, 15) carried on the base and connected to the clamping apparatus to selectively raise or lower the clamping apparatus; the clamping apparatus having a clamping actuator (40) which comprises a linear actuator that receives power from the source of power (via 53), to clamp or unclamp an article; and wherein the lifting device comprises a lifting actuator to selectively raise or lower the clamping apparatus (see column 2, lines 5-9). Broersma’s clamping apparatus is capable of lifting, clamping, and unclamping a gas cylinder. Please see MPEP 2115 regarding article worked upon by an apparatus.
Broersma does not explicitly teach an upper actuator and a lower actuator as specifically claimed. Beard teaches an upper actuator (171, 172) and a lower actuator (171’, 172’), each of which comprises a linear actuator. It would have been obvious to a person having ordinary skill in the art to modify Broersma’s clamping apparatus to have an upper actuator and a lower actuator as taught by Beard in order to increase the clamping force or to provide redundancy in the event of a single failure. Furthermore, it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. Please see MPEP 2144.04(VI)(B) and In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960).
Consider claim 22. Broersma teaches that the at least one clamping actuator is a first linear actuator (40).
Claims 17, 19, 20, and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Broersma (US 2,645,372) in view of Beard (US 10,450,176 B1) in view of Bennett (US 5,346,045).
Consider claims 17, 19, and 20. Broersma teaches an article lifting device, comprising: a base (10) supported on a plurality of wheels; a source of power (motor of 10); at least one column (11) extending vertically from the base; a clamping apparatus (see fig. 4); a lifting device (11, 12, 15) mounted on the base and connected to the clamping apparatus for moving the clamping apparatus along the column; and the clamping apparatus having a powered actuator (40) that receives power from the source of power (via 53) and can be expanded to cause the clamping apparatus to grip an article (see fig. 4). Broersma teaches that the clamping apparatus comprises a vertical bracket (17, 24, etc.) and upper first and second clamping structures (upper 58 and 59) carried by the vertical bracket, the first clamping structure fixed to the vertical bracket (via 36) and the second clamping structure pivotally attached to the vertical bracket (via 37), and lower third and fourth clamping structures (lower 58 and 59) carried by the vertical bracket, the third clamping structure fixed to the vertical bracket (via 36) and the fourth clamping structure pivotally attached to the vertical bracket (via 37), the first, second, third, and fourth clamping structures having arcuate engagement surfaces (see fig. 4) that face opposite sides of an article and wherein the at least one actuator is connected between the first and second clamping structures (proximate 44 and 45 in fig. 4). Broersma’s clamping apparatus is capable of lifting, clamping, and unclamping a gas cylinder. Please see MPEP 2115 regarding article worked upon by an apparatus.
Broersma does not explicitly teach an upper powered actuator and a lower powered actuator as specifically claimed. Beard teaches a vertical bracket (130), an upper powered actuator (171, 172), a lower powered actuator (171’, 172’), upper first and second clamping structures and lower third and fourth clamping structures (155, 155, 155, 155; see fig. 2) carried by the vertical bracket, the upper powered actuator connected between the first and second clamping structures, and the lower powered actuator connected between the third and fourth clamping structures (see fig. 2). It would have been obvious to a person having ordinary skill in the art to modify Broersma’s clamping apparatus to have an upper powered actuator and a lower powered actuator as taught by Beard in order to increase the clamping force or to provide redundancy in the event of a single failure. Furthermore, it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. Please see MPEP 2144.04(VI)(B) and In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960).
Broersma in view of Beard does not explicitly teach that the actuators are electric linear actuators which receive power from a source of electrical power. Bennett teaches an electric linear actuator (10) which receives power from a source of electrical power (supply of electrical power to 21 and 22; see column 6, lines 4-5). It would have been obvious to a person having ordinary skill in the art to modify the actuators of Broersma in view of Beard to be electric linear actuators as taught by Bennett in order to operate indoors quietly and without emissions.
Consider claim 23. Broersma in view of Beard does not explicitly teach that the lifting actuator comprises an electric motor driving a screw drive. Bennett teaches an electric linear actuator (10) comprising an electric motor (21, 22) driving a screw drive (13, 14, etc.). It would have been obvious to a person having ordinary skill in the art to modify the lifting actuator of Broersma in view of Beard to be an electric linear actuator as taught by Bennett in order to operate indoors quietly and without emissions.
Response to Arguments
Applicant’s arguments filed 1/28/2026 have been fully considered but they are not persuasive.
Applicant argues that Broersma teaches a single actuator rather than upper and lower actuators as recited in the claims. This argument is not persuasive. Beard teaches upper and lower actuators, and it would have been obvious to modify Broersma’s clamping apparatus to have upper and lower actuators as taught by Beard, as stated in the 35 U.S.C. 103 rejections above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN D SNELTING whose telephone number is (571)270-7015. The examiner can normally be reached Monday-Friday, 8:00-4:30 EST.
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/JONATHAN SNELTING/Primary Examiner, Art Unit 3652