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 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) 1-2, 4-8, 10-15 and 17-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cui (2010/0193290) in view of Ahern et al. (US 9,238,477).
Re: claims 1-2 and 4-7
Cui discloses:
1. A lift device (10, figure 1), comprising:
a base (100, figure 1) including two front wheels (104,104; figure 2) and two rear wheels (102; figure 2; [0028]), the two rear wheels being in a fixed orientation relative to the base (“pair of fixed axis wheels 102”, [0028]), and the two front wheels (104,104) being spaced from the two rear wheels in a longitudinal direction (figure 2);
a retractable lift mechanism (200, figure 1) having a first end coupled to the base (figure 1), the retractable lift mechanism including a first linear actuator (400, figure 4) extending along the longitudinal direction (figure 2) and configured to transition the retractable lift mechanism between a stowed position (figure 2) and a deployed position (figure 1)
a platform (P, figure 1) coupled to and supported by a second end of the retractable lift mechanism (figure 1); and
a steering system (300, figure 6A) including:
a second linear actuator (310, figure 6A figure 5) coupled to a first front wheel (104) of the two front wheels (figure 6A); and
wherein the first front wheel (104) includes a first post that is directly received within a first socket formed in the base (see below) and the second linear actuator (310) is configured to adjust a steering direction of the first front wheel by rotating the first front wheel about the first post ([0034] & figure 6A).
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Cui do not disclose the first linear actuator to be electric, a third actuator coupled to a second front wheel of the two front wheels, wherein the second and third actuators are linear actuators and extend generally along the longitudinal direction.
However, Ahern et al. teach: the first linear actuator to be electric (col. 4, lines 50-60 entire system is electric; see also response to arguments),a third actuator (actuator that steers wheel 808, see below) coupled to a second front wheel (808) of the two front wheels (808, 810, fig 8); wherein the second and third actuators (the actuators connected to respective front wheels, see below) are linear actuators (200, figure 4) and extend generally along the longitudinal direction (see below).
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Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to use electric actuators, and use two separate linear actuators extending in the longitudinal direction for steering the respective first and second front wheels, as taught by Ahern et al., on the lift device of Cui so as to provide a more versatile steering system, while maintaining the base footprint, allowing an operator to navigate narrow pass-throughs and tight turns when traveling to and from a worksite, and to power the lift by well-known readily available electric source.
Re: claim 5, Cui discloses: the lift device of claim 1, wherein the retractable lift mechanism is a scissor lift mechanism (figure 1).
Re: the second and third linear actuators, Ahern et al. disclose:
2. The lift device of claim 1, wherein the second linear actuator is configured to independently control a steering direction of the first front wheel, and the third linear actuator is configured to independently control a steering direction of the second front wheel (wheels are independently steerable, Abstract; Ahern et al.).
Re: claim 4, Cui discloses: the lift device of claim 1, wherein the second front wheel (104, figure 6A) includes a second post (left-hand post in annotated image above) that is directly received within a second socket formed in the base (see above), and the third linear actuator (of Ahern, as advanced above) is configured to adjust a steering direction of the second front wheel by rotating the second front wheel about the second post (result of modification of Cui in view of Ahern as advanced above).
6. The lift device of claim 1, wherein a battery is mounted to the base and supplies electrical power to the first electric linear actuator, the second linear actuator, and the third linear actuator (Ahern, col. 4, lines 50-60).
7. The lift device of claim 1, wherein each of the first electric linear actuator, the second linear actuator, and the third linear actuator includes a motor (motor of Cui, [0030] for 400; and the combination with Ahern et al. teaching the actuators being linear and motor driven; figure 7).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to use two separate linear actuators extending in the longitudinal direction for steering the respective first and second front wheels, as taught by Ahern et al., on the lift device of Cui so as to provide a more versatile steering system, while maintaining the base footprint, allowing an operator to navigate narrow pass-throughs and tight turns when traveling to and from a worksite.
Re: claim 8 and 10-13
Cui discloses:
8. A lift device (10, figure 1), comprising:
a base (100, figure 1) including two front wheels (104, 104, figure 2) and two rear wheels (102, figure 2, [0028]);
a retractable lift mechanism (200, figure 1) having a first end coupled to the base (figure 1), the retractable lift mechanism (200) including a first linear actuator (400, figure 4) configured to transition the retractable lift mechanism between a stowed position (figure 2) and a deployed position (figure 1);
a platform (P, figure 1) coupled to and supported by a second end of the retractable lift mechanism (figure 1); and
a steering system (300, figure 6A) including:
a second linear actuator (310, figure 6A) coupled to a first front wheel (104, figure 6A) and configured to control a steering direction of the first front wheel (figure 5); and
wherein an orientation of the first linear actuator (400) changes relative to the second linear actuator (310) as the retractable lift mechanism (200) moves between the stowed position (figure 2) and the deployed position (first linear actuator 400, will change angle with respect to the base as the lift folds and unfolds), and wherein the first front wheel (104) includes a first post that is directly received within a first socket formed in the base (see below) and the second linear actuator (310) is configured to adjust a steering direction of the first front wheel by rotating the first front wheel about the first post ([0034] & figure 6A).
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Cui do not disclose the first linear actuator to be electric, or a third linear actuator coupled to a second front wheel of the two front wheels and configured to independently control a steering direction of the second front wheel.
However, Ahern et al. teach: the first linear actuator to be electric (col. 4, lines 50-60 entire system is electric; see also response to arguments), and a third linear actuator (actuator that steers wheel 808, figure 8) coupled to a second front wheel (808, figure 8) of the two front wheels (808, 810) and configured to independently control a steering direction of the second front wheel (via individual drive; figure 7).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to use electric actuators and use independent second and third linear actuators for independent steering of the respective first and second wheels, as taught by Ahern et al., on the lift device of Cui. so as to provide a more versatile steering system, while maintaining the base footprint, allowing an operator to navigate narrow pass-throughs and tight turns when traveling to and from a worksite, and power the system with a well-known readily available power source.
Re: claim 10, Cui discloses: the lift device of claim 8, wherein the second front wheel (104, figure 6A) includes a second post (left-hand post in annotated image above) that is directly received within a second socket formed in the base (see above), and the third linear actuator (of Ahern, as advanced above) is configured to adjust a steering direction of the second front wheel by rotating the second front wheel about the second post (result of modification of Cui in view of Ahern as advanced above)
Re: claim 11, Cui discloses: the lift device of claim 8, wherein the retractable lift mechanism (200) is a scissor lift mechanism (figure 1).
12. The lift device of claim 1, wherein a battery is mounted to the base and supplies electrical power to the first electric linear actuator, the second linear actuator, and the third linear actuator (Ahern, col. 4, lines 50-60).
13. The lift device of claim 8, wherein each of the first electric linear actuator, the second linear actuator, and the third linear actuator includes a motor (motor of Cui, [0030] for 400; and the combination with Ahern et al. teaching the actuators being linear and motor driven; figure 7).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to use electric actuators and use independent second and third linear actuators for independent steering of the respective first and second wheels, as taught by Ahern et al., on the lift device of Cui. so as to provide a more versatile steering system, while maintaining the base footprint, allowing an operator to navigate narrow pass-throughs and tight turns when traveling to and from a worksite, and power the system with a well-known readily available power source.
Re: claims 14-15 and 17-20
Cui discloses:
14. A lift device (10, figure 1), comprising:
a base (100, figure 1) including two front wheels (104,104, figure 2) and two rear wheels (102, figure 2, [0028]) the two rear wheels being in a fixed forward-aligned orientation (figure 2, [0028]), the two front wheels being spaced from the two rear wheels in a longitudinal direction (figure 2);
a retractable lift mechanism (200, figure 1) having a first end coupled to the base (figure 1), the retractable lift mechanism including a first actuator (400, figure 4) configured to transition the retractable lift mechanism (200) between a stowed position (figure 2) and a deployed position (figure 1);
a platform (P, figure 1) coupled to and supported by a second end of the retractable lift mechanism (figure 1); and
a steering system (300, figure 6A) including a second actuator (310, figure 6A) coupled to a first (104) of the two front wheels (figure 6A) and configured to control a steering direction of the first of the two front wheels (figure 6A), and wherein an orientation of the first actuator (400) changes relative to the second electric actuator (310) as the retractable lift mechanism (200) moves between the stowed position and the deployed position (first linear actuator, will change angle with respect to the base as the lift folds and unfolds), wherein the first front wheel (104) includes a first post that is directly received within a first socket formed in the base (see below) and the second linear actuator (310) is configured to adjust a steering direction of the first front wheel by rotating the first front wheel about the first post ([0034] & figure 6A).
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Cui does not disclose wherein the second actuator extends generally along the longitudinal direction, and wherein the first and second actuators are electric actuators.
However, Ahern et al. teach: wherein the second actuator (200, figure 4) extends generally along the longitudinal direction (see below), and wherein the first and second actuators are electric actuators (figure 7 & col. 4, lines 50-60).
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Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to use individual electric actuators extending in the longitudinal direction, as taught by Ahern et al., on the lift device of Cui, so as to provide a more versatile steering system, while maintaining the base footprint, allowing an operator to navigate narrow pass-throughs and tight turns when traveling to and from a worksite; and easily powered by well-known readily available electric source.
Re: claim 15, Cui does not disclose wherein the steering system further includes a third electric actuator coupled to a second of the two front wheels and configured to control a steering direction of the second of the two front wheels. However, Ahern et al. teaches: wherein the steering system further includes a third electric actuator (actuator that steers wheel 808, figure 8) coupled to a second (808) of the two front wheels (808, 810, figure 8) and configured to control a steering direction of the second of the two front wheels (figure 7). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to use individual electric actuators extending in the longitudinal direction, as taught by Ahern et al., on the lift device of Cui, so as to provide a more versatile steering system, while maintaining the base footprint, allowing an operator to navigate narrow pass-throughs and tight turns when traveling to and from a worksite.
17. The lift device of claim 15, wherein the second front wheel (Cui, 104, figure 6A) includes a second post (left-hand post in annotated Cui image above) that is directly received within a second socket formed in the base (see Cui image above), and the third electric actuator (of Ahern, as advanced above) is configured to adjust a steering direction of the second front wheel by rotating the second front wheel about the second post (result of modification of Cui in view of Ahern as advanced above)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to use independent second and third linear actuators for independent steering of the respective first and second wheels, as taught by Ahern et al., on the lift device of Cui. so as to provide a more versatile steering system, while maintaining the base footprint, allowing an operator to navigate narrow pass-throughs and tight turns when traveling to and from a worksite.
Re: claim 18, Cui discloses: the lift device of claim 14, wherein the retractable lift mechanism is a scissor lift mechanism (figure 4).
Re: claim 19, Ahern disclose: the lift device of claim 14, wherein a battery is mounted to the base and supplies electrical power to the first electric actuator and the second electric actuator (col. 4, lines 50-60)
Re: claim 20, Ahern disclose: the lift device of claim 14, wherein each of the first electric actuator and the second electric actuator includes a motor (figure 7).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to use individual electric actuators extending in the longitudinal direction, as taught by Ahern et al., on the lift device of Cui, so as to provide a more versatile steering system, while maintaining the base footprint, allowing an operator to navigate narrow pass-throughs and tight turns when traveling to and from a worksite; and easily powered by well-known readily available electric source.
Response to Arguments
Applicant's arguments filed August 28, 2026, have been fully considered but they are not persuasive.
Applicant argues that the combined teaching of Cui and Ahern do not make obvious a first electric actuator. Applicant argues that Cui discloses the main (first) actuator 400 is hydraulic, that Ahern does not disclose how the scissor stack is moved, and that there is no factual basis in Ahern that the scissor stack is electrically actuated. These arguments are not found persuasive for at least the following reasons.
First of all, as the applicant has recognized, the primary reference of Cui discloses a first linear actuator 400 for moving the scissor stack between extended and retracted positions. With the primary reference establishing a first linear actuator performing the function (raising and lowering the lift mechanism) and in the orientation (extending along the longitudinal direction of the base) as claimed, the particular method raising and lowering the scissor stack (i.e. linear actuator, pulley system, rack and gearing system, etc.) in Ahern is secondary.
Second, it is important to recognize that the extendable scissor stack of Ahern is disclosed as being part of the scissor lift vehicle; so when Ahen teaches batteries for powering “a total electrical requirement of the scissors lift vehicle” one needs to remember that the scissor lift vehicle includes the scissor stack, and that the total electrical requirement of the vehicle would therefore include powering whatever propels the work platform vertically. Ahern recognizes that scissor lifts can be powered by hydraulic systems and/or electric systems (col. 1, lines 33-36), so modifying Cui so that the already disclosed linear actuator is electrically powered (an old and well known, readily available power source) is an obvious choice to one of ordinary skill in the art.
For at least these reasons the remarks are not found persuasive, and the claims remain rejected as advanced above.
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 COLLEEN M CHAVCHAVADZE whose telephone number is (571)272-6289. The examiner can normally be reached M-F 8:00AM-4:00PM.
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COLLEEN M. CHAVCHAVADZE
Primary Examiner
Art Unit 3634
/COLLEEN M CHAVCHAVADZE/ Primary Examiner, Art Unit 3634
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