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 filed June 9th, 2026 have been fully considered but they are not persuasive.
Applicant’s argument that Fuerst lacks conception of the claimed invention is not persuasive. The proper inquiry under 35 U.S.C. 102 is whether the cited reference discloses, either expressly or inherently, each and every limitation of the claimed invention. As set forth in the Office Action, Fuerst discloses each claimed limitation:
Fuerst discloses a pad equipped lift device as claimed in claim 1, comprising: a body (1) and a pad (3), and sucking an article by Bernoulli Effect (2; suction pipe), wherein the pad (3) includes a connecting portion attached to an end of the body (see annotated Fig. 1 below), and a skirt portion that is flexible and expands toward a distal end of the skirt portion (3; holding devices), and air flowing (7; sucking air flow) along an end surface of the body flows on an inner side of the skirt portion of the pad, whereby the distal end of the skirt portion is deformed to shrink inward (see annotated Fig. 1 below).
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A prior art reference need not describe the invention using the same terminology, recognize the same inventive concept, or have been created for the same purpose in order to anticipate the claimed invention. Accordingly, applicant’s argument is not persuasive, and the rejection under 35 U.S.C. 102 is maintained.
Applicant’s argument that Fuerst does not include the claimed notches is not persuasive. As set forth in the Office Action, Fuerst expressly discloses the claimed notches (3 and 5) as shown in Fig. 4. The identified structure corresponds to the claimed notches, and applicant has not provided persuasive reasoning or evidence demonstrating otherwise. Accordingly, Fuerst discloses the claimed notches.
Applicant’s argument that Fuerst does not include the claimed clearance grooves is not persuasive. As set forth in the Office Action, Fuerst expressly discloses the claimed clearance grooves (8) as shown in Fig. 6, depicts clearance grooves where air flows. The identified structure corresponds to the claimed clearance grooves, and applicant has not provided persuasive reasoning or evidence demonstrating otherwise. Accordingly, Fuerst discloses the claimed clearance grooves.
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, 3-4, 6-8, 11-14, 17-18 is/are rejected under 35 U.S.C. 102(a)(2) as being unpatentable by Fuerst (EP 1369364 A1).
Regarding claim 1, Fuerst discloses a pad equipped lift device as claimed in claim 1, comprising: a body (1) and a pad (3), and sucking an article by Bernoulli Effect (2; suction pipe), wherein the pad (3) includes a connecting portion attached to an end of the body (see annotated Fig. 1 below), and a skirt portion that is flexible and expands toward a distal end of the skirt portion (3; holding devices), and air flowing (7; sucking air flow) along an end surface of the body flows on an inner side of the skirt portion of the pad, whereby the distal end of the skirt portion is deformed to shrink inward (see annotated Fig. 1 below).
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Regarding claim 3, Fuerst discloses a pad equipped lift device as claimed in claim 1, wherein the skirt portion is conical (see annotated Fig. 1 below).
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Regarding claim 4, Fuerst discloses a pad equipped lift device as claimed in claim 1, wherein a distal-end opening shape of the skirt portion is an ellipse (see annotated Fig. 4 below).
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Regarding claim 6, Fuerst discloses a pad equipped lift device as claimed in claim 1, wherein the skirt portion includes a plurality of beams extending from the distal end of the skirt portion to the connecting portion (see annotated Fig. 4 below).
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Regarding claim 7, Fuerst discloses a pad equipped lift device as claimed in claim 1, wherein the skirt portion includes a plurality of notches extending from the distal end of the skirt portion to a vicinity of the connecting portion (see annotated Fig. 4 below).
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Regarding claim 8, Fuerst discloses a pad equipped lift device as claimed in claim 7, wherein the distal end of the skirt portion is provided with an outwardly curved portion (see annotated Fig. 5 below).
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Regarding claim 11, Fuerst discloses a pad equipped lift device as claimed in claim 1, wherein the skirt portion includes a pair of clearance grooves (see annotated Fig. below).
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Regarding claim 12, Fuerst discloses a pad equipped lift device as claimed in claim 11, wherein the pad includes a base portion that is flat and connects the skirt portion to the connecting portion (see annotated Fig. 1 below), an outer circumference of the base portion has a shape combining two long sides and two short sides(see annotated Fig. 1 below), and the skirt portion includes the clearance grooves at positions corresponding to the short sides of the base portion (see annotated Fig. 1 below).
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Regarding claim 13, Fuerst discloses a pad equipped lift device as claimed in claim 11, wherein the distal end of the skirt portion is provided with an outwardly curved portion (see annotated Fig. 5 below).
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Regarding claim 14, Fuerst discloses a pad equipped lift device as claimed in claim 1, further comprising a disengagement stopper that prevents the pad from being disengaged from the body (see Para. 0017; annotated Fig. 1 below).
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Regarding claim 17, Fuerst discloses a pad equipped lift device as claimed in claim 1, wherein the pad includes a net portion (5) that prevents the article from colliding with the body (see Para. 0015).
Regarding claim 18, Fuerst discloses a pad equipped lift device as claimed in claim 1, wherein the pad includes a base portion that is plate-shaped and connects the skirt portion to the connecting portion (see annotated Fig. below).
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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) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fuerst (EP 1369364 A1) in view of Nambi (US 12226895 B1).
Regarding claim 2, Fuerst discloses a pad equipped lift device as claimed in claim 1.
Fuerst fails to disclose wherein the pad is made of silicone rubber.
However, Nambi teaches a pad equipped lift device wherein the pad is made of silicone rubber (see Col. 4, lines 20-22).
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 pad is made of silicone rubber on the lift device of Fuerst as taught by Nambi in order to have various friction properties to grasp an item (see Col. 2, lines 45-50).
Claim(s) 5 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fuerst (EP 1369364 A1).
Regarding claim 5, Fuerst discloses the claimed invention except for wherein a distal-end opening shape of the skirt portion is a polygon. It would have been an obvious matter of design choice to include wherein a distal-end opening shape of the skirt portion is a polygon, since the modification would have involved a mere change in (the size or shape) of a component. A change (in size or shape) is generally recognized as being within the level or ordinary skill in the art. See MPEP § 2144.04, IV, B.
Regarding claim 10, Fuerst discloses the claimed invention except for wherein the skirt portion includes a plurality of pleats extending from the distal end of the skirt portion to the connecting portion. It would have been an obvious matter of design choice to include wherein the skirt portion includes a plurality of pleats extending from the distal end of the skirt portion to the connecting portion, since the modification would have involved a mere change in (the size or shape) of a component. A change (in size or shape) is generally recognized as being within the level or ordinary skill in the art. See MPEP § 2144.04, IV, B.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fuerst (EP 1369364 A1) in view of Tell (WO 2010110719 A1).
Regarding claim 9, Fuerst discloses a pad equipped lift device as claimed in claim 1, wherein the skirt portion is provided with a plurality of notches formed from the distal end of the skirt portion to the connecting portion (see annotated Fig. 4 below), the skirt portion is made up from a plurality of strips of skirt pieces (see annotated Fig. 4 below).
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Fuerst fails to disclose wherein adjacent strips of skirt pieces out of the plurality of strips of skirt pieces overlap each other.
However, Tell teaches wherein adjacent strips of skirt pieces out of the plurality of strips of skirt pieces overlap each other (see annotated Fig. 1 below)
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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 adjacent strips of skirt pieces out of the plurality of strips of skirt pieces overlap each other on the pad equipped lift device of Fuerst as taught by Tell so that the parts of the suction device can be snapped together in a form fitting engagement (see Page 3, Para. 1).
Claim(s) 15-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fuerst (EP 1369364 A1) in view of Takahashi (CN 111107964 A).
Regarding claim 15, Fuerst discloses a pad equipped lift device as claimed in claim 14.
Fuerst fails to disclose wherein the disengagement stopper is made up from a first disengagement stopper and a second disengagement stopper, the first disengagement stopper includes a flat plate portion that comes into contact with an end surface of the connecting portion of the pad, and a cylindrical portion that fits to the connecting portion of the pad, the second disengagement stopper includes an engagement piece that engages with a groove portion of the body, and the flat plate portion of the first disengagement stopper is sandwiched between the end surface of the connecting portion of the pad and the engagement piece of the second disengagement stopper.
However, Takahashi teaches a lift device wherein the disengagement stopper is made up from a first disengagement stopper and a second disengagement stopper (see annotated Fig. 7 below), the first disengagement stopper includes a flat plate portion that comes into contact with an end surface of the connecting portion of the pad (see annotated Fig. 7 below) and a cylindrical portion that fits to the connecting portion of the pad (see annotated Fig. 7 below), the second disengagement stopper includes an engagement piece that engages with a groove portion of the body (see annotated Fig. 7 below), and the flat plate portion of the first disengagement stopper is sandwiched between the end surface of the connecting portion of the pad and the engagement piece of the second disengagement stopper (see annotated Fig. 7 below).
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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 disengagement stopper is made up from a first disengagement stopper and a second disengagement stopper, the first disengagement stopper includes a flat plate portion that comes into contact with an end surface of the connecting portion of the pad, and a cylindrical portion that fits to the connecting portion of the pad, the second disengagement stopper includes an engagement piece that engages with a groove portion of the body, and the flat plate portion of the first disengagement stopper is sandwiched between the end surface of the connecting portion of the pad and the engagement piece of the second disengagement stopper on the pad equipped lift device of Fuerst as taught by Takahashi in order to fasten the first part and second part to the body (see Page 3, Para. 9).
Regarding claim 16, Fuerst discloses a pad equipped lift device as claimed in claim 14.
Fuerst fails to disclose wherein the disengagement stopper includes a first cylindrical portion that is thick and a second cylindrical portion that is thin, the first cylindrical portion fits to the body, the second cylindrical portion fits to the connecting portion of the pad, and an end surface of the first cylindrical portion comes into contact with an end surface of the connecting portion of the pad.
However, Takahashi teaches wherein the disengagement stopper includes a first cylindrical portion that is thick and a second cylindrical portion that is thin (see annotated Fig. 7 below), the first cylindrical portion fits to the body (see annotated Fig. 7 below), the second cylindrical portion fits to the connecting portion of the pad (see annotated Fig. 7 below), and an end surface of the first cylindrical portion comes into contact with an end surface of the connecting portion of the pad (see annotated Fig. 7 below).
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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 disengagement stopper includes a first cylindrical portion that is thick and a second cylindrical portion that is thin, the first cylindrical portion fits to the body, the second cylindrical portion fits to the connecting portion of the pad, and an end surface of the first cylindrical portion comes into contact with an end surface of the connecting portion of the pad on the pad equipped lift device of Fuerst as taught by Takahashi in order to fasten the first part and second part to the body (see Page 3, Para. 9).
Conclusion
THIS ACTION IS MADE FINAL. 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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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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