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 .
Drawings
The drawings are objected to because the following limitations are either not mentioned or do not have reference numerals in the specification that can be found in the drawings (also please see limitations lacking antecedent basis in the specification below): “housing”, “screw”, “extending member”, first portion” and “second portion”.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “screw”, must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required:
“Housing”
“Screw”
“Extending member”
“First portion”
“Second portion”
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim 1 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 19 of co-pending Application No. 18/200,171 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because:
Instant App ‘179 CLAIM 1
Co-pending App ‘171 CLAIM 19
A scissor lift, comprising:
a base; a platform configured to support a load; a lift assembly having a first end coupled to the base and a second end coupled to the platform, the lift assembly including
A scissor lift, comprising:
a base; a platform configured to support a load; a lift assembly having a first end coupled to the base and a second end coupled to the platform, the lift assembly including
a first support member pivotally coupled to a second support member; and a third support member pivotally coupled to a fourth support member;
a first support member pivotally coupled to a second support member; and a third support member pivotally coupled to a fourth support member
a linear actuator coupled to the lift assembly, the linear actuator including:
a housing including a first mount coupled to the first support member and configured to rotate relative to the first support member about a first lateral axis;
a screw coupled to the housing;
a linear actuator coupled to the lift assembly and configured to extend to raise the platform relative to the base, the linear actuator including: a gearbox; a housing including ... a first mount coupled to the first support member ... a screw coupled to the housing and received within the elongated member
an extending member slidably coupled to the housing, the extending member including a second mount coupled to the third support member and configured to rotate relative to the third support member about a second lateral axis
a push tube (note that “extending member” is referred to in app ‘171 as “push tube”) coupled to the nut and slidably received within the elongated member, the push tube including a second mount that is coupled to the third support member
an electric motor coupled to the housing and configured to drive the screw to move the extending member relative to the housing.
an electric motor coupled to the housing and configured to drive rotation of the screw relative to the nut, the electric motor being offset from the elongated member
Note that: with regards to claim 1, the pivotal connection between the support members dictates the relative rotations along the first and second lateral axes.
With regards to claim 17, (for brevity) is rejected in the same manner as detailed for claim 1 above and note that attachment of the first mount of the housing to the first support member and claim 19 reciting that the “the third support member and the fourth support member extending above the first support member and the second support member” subsequently results in “the electric motor and the first portion extend above the second portion of the housing at least when the platform is in the raised position”.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
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.
Claims 1-10 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Zimmer, US (5476050) in view of Soltermann, US (2020/0284329).
In regards to claim 1 Zimmer discloses:
A scissor lift (10; fig. 1), comprising:
a base (60);
a platform (80) configured to support a load (a person/user; background of the invention);
a lift assembly (14; fig. 1, 2) having a first end (bottom ends of beams 160, 170; fig. 1) coupled to the base (60) and a second end (top ends of beams 120, 130; fig. 1) coupled to the platform (80), the lift assembly including:
a first support member (170) pivotally coupled (at pin 20) to a second support member (160); and
a third support member (140) pivotally coupled (at pin 22) to a fourth support member (150); and
a linear actuator (116; fig. 2) coupled to the lift assembly (14; fig. 2), the linear actuator including:
a housing (cylinder holding extending piston; as shown in fig. 2) including a first mount (mount connecting housing to pin 114; see annotated drawings of fig. 2 below) coupled to the first support member (170 at least via plate 108; as shown in fig. 1, 2) and configured to rotate relative to the first support member about a first lateral axis (axis passing through pin 114, as the lift extends and retracts);
an extending member (piston; see annotated drawings) slidably coupled to the housing (per conventional operation of cylinders such as 116 illustrated in figs. 1, 2), the extending member including a second mount (mount connecting extending member/piston to unnumbered pin through aperture 106; see annotated drawings of fig. 2 below) coupled to the third support member (140 at least via plate 100; as shown in fig. 1, 2) and configured to rotate relative to the third support member about a second lateral axis (axis passing through unnumbered pin passing through aperture 106, as the lift extends and retracts).
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In regards to claim 1 Zimmer does not disclose the linear actuator including a screw coupled to the housing and an electric motor.
Soltermann teaches linear actuator (2; equated to linear actuator of Zimmer) including a screw (spindle 6 with outer threads; fig. 1) coupled to the housing (20; equivalent to housing of Zimmer); an electric motor (10 in the form of an electric motor) coupled to the housing (fig. 1) and configured to drive the screw to move the extending member relative to the housing (as described in paragraph [0034]; see highlighted excerpt below).
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Therefore, before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to substitute the linear actuator i.e. hydraulic cylinder of Zimmer with the screw feed electric motor driven linear actuator taught by Soltermann for the predictable result with reasonable expectation of success i.e., the advantages of electric driven actuator which provides (a) higher positioning precision, (b) higher energy efficiency and (c) lower cost due to avoidance of hydraulic fluids, lines, valves etc. as well as the leaks, and maintenance issues associated with said hydraulic components.
In regards to claim 2 Zimmer discloses the lift assembly further includes a bracket (bracket 108; fig. 1) coupling the first mount to the first support member (as shown in fig. 1).
In regards to claim 3 Zimmer discloses the bracket (bracket 108; fig. 1) offsets the first mount relative to the first support member (the attachment point of 114 sitting in bracket 108 is offset from the first support member 170) such that the first lateral axis (axis passing through pin 114, as the lift extends and retracts) does not intersect the first support member (as shown in figs. 1; the attachment point of 114 sitting in bracket 108 is offset from the first support member 170; hence axis passing through pin 114 does not intersect 170).
In regards to claim 4 Zimmer discloses the bracket is a first bracket (bracket 108; fig. 1), wherein the lift assembly further includes a second bracket (bracket 100; fig. 1) coupling the second mount to the third support member (as shown in fig. 1), and wherein the second bracket offsets the second mount relative to the third support member (the attachment point at 106 sitting in bracket 100 is offset from the third support member 140) such that the second lateral axis (axis passing through unnumbered pin passing through aperture 106, as the lift extends and retracts) does not intersect the third support member (as shown in figs. 1; the attachment point at 106 sitting in bracket 100 is offset from the third support member 140; hence axis passing through aperture 106 does not intersect 140).
In regards to claim 5 Zimmer discloses the third support member (140) and the fourth support member (150) extend above the first support member (170) and the second support member (160) (as shown in fig. 1).
In regards to claim 6 Zimmer discloses the lift assembly further includes a first bracket (bracket 108; fig. 1) coupling the first mount to the first support member (as shown in fig. 1) and a second bracket (bracket 100; fig. 1) coupling the second mount to the third support member (as shown in fig. 1).
In regards to claim 7 Zimmer discloses the first bracket extends below the first support member (108 extends below 170; as shown in figs. 1, 2), and wherein the second bracket extends above the third support member (100 extends above 140; as shown in figs. 1, 2).
In regards to claim 8 Soltermann teaches the housing has a first end (right hand side end of 20; fig. 1) defining an aperture (through which 6 extends) that receives the extending member (6; as shown in fig. 1) and a second end (at 12) opposite the first end of the housing (as shown in fig. 1), and wherein the first mount is offset from the second end of the housing (see annotated drawings below).
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In regards to claim 9 Soltermann teaches the housing includes an elongated member (cylinder holding extending piston) that defines the aperture and a gearbox (gear mechanism 16; fig. 1) coupling the electric motor to the elongated member (as shown in fig. 1), and wherein the elongated member and the electric motor both extend away from the gearbox in a first direction (as shown in fig. 1; both 10 and 6 extend parallel and in the same direction away from 16).
In regards to claim 10 Zimmer as modified by Soltermann teaches the extending member (piston; Zimmer) is centered about and extends along an axis of extension (axis along major longitudinal length of 116), and wherein the electric motor is offset from the axis of extension (as shown in fig. 1; Soltermann; once the linear actuator of Zimmer is replaced with the actuator of Soltermann).
In regards to claim 16 Zimmer discloses the lift assembly further includes a fifth support member (member across from and parallel to 170 in the pairs in side facing the page as shown in top view in fig. 2) pivotally coupled to a sixth support member (member across from and parallel to 140 in the pairs in side facing the page as shown in top view in fig. 2), wherein the fifth support member has a first end portion (bottom of member across from and parallel to 170) pivotally coupled to the first support member (at pin 52) and a second end portion (top of member across from and parallel to 170) pivotally coupled to the third support member (at pin 34).
Claims 17 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Zimmer, US (5476050) in view of Soltermann, US (2020/0284329).
In regards to claim 17 Zimmer discloses:
A scissor lift (10; fig. 1), comprising:
a base (60);
a platform (80) configured to support a load (a person/user; background of the invention);
a lift assembly (14; fig. 1, 2) coupled to the base (60) and the platform (80), the lift assembly including:
a first support member (170) pivotally coupled (at pin 20) to a second support member (160); and
a third support member (140) pivotally coupled (at pin 22) to a fourth support member (150); and
a linear actuator (116; fig. 2) configured to control the lift assembly to move the platform between a raised position and a lowered position (“hydraulic cylinder 116 applies a lifting force to the first and third scissor mechanisms”; as described in Col 4; LL 5-6), the linear actuator including:
a housing (cylinder holding extending piston; as shown in fig. 2) pivotally coupled (at pin 114) to the first support member (170 at least via plate 108; as shown in fig. 1, 2),
an extending member (piston; see annotated drawings) received within the first portion and pivotally coupled to the third support member (140 at least via plate 100; pivotally at unnumbered pin through aperture 106; as shown in fig. 1, 2).
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In regards to claim 17 Zimmer does not disclose the housing including a first portion and a second portion extending substantially perpendicular to the first portion and an electric motor coupled to the second portion.
Soltermann teaches the linear actuator including: a housing (20; equivalent to housing of Zimmer) including a first portion (linear unit 4; fig. 1) and a second portion (drive connection 12) extending substantially perpendicular to the first portion (as shown in fig. 1); an electric motor (10 in the form of an electric motor) coupled to the second portion of the housing (as shown in fig. 1) and configured to cause the extending member to move along an axis of extension (axis through major longitudinal length of 6; as described in paragraph [0034]; see highlighted excerpt below), the electric motor being offset from the axis of extension (electric motor 10 being offset and parallel to the axis passing through major longitudinal length of 6 as shown in fig. 1).
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Therefore, before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to substitute the linear actuator i.e. hydraulic cylinder of Zimmer with the screw feed electric motor driven linear actuator taught by Soltermann for the predictable result with reasonable expectation of success i.e., the advantages of electric driven actuator which provides (a) higher positioning precision, (b) higher energy efficiency and (c) lower cost due to avoidance of hydraulic fluids, lines, valves etc. as well as the leaks, and maintenance issues associated with said hydraulic components. Teaching the linear actuator of Soltermann onto the scissor lift of Zimmer subsequently teaches the electric motor and the first portion extend above the second portion of the housing at least when the platform is in the raised position (since the second portion at the base of the housing i.e. drive connection 12 of Soltermann would be attached at attachment point 114 in plate 108; also at base of housing of linear actuator of Zimmer).
In regards to claim 18 Zimmer as modified by Soltermann teaches the housing (cylinder holding extending piston; as shown in fig. 2; Zimmer) is configured to rotate relative to the first support member (170; at pin 114) about a lateral axis (axis passing through 114) that extends between the first portion and the second portion of the housing (per the location of the first mount equivalent on the actuator of Soltermann; see annotated drawings below).
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Claims 19 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Zimmer, US (5476050) in view of Soltermann, US (2020/0284329) in further view of Arnot, US (2944689).
In regards to claim 19 Zimmer discloses:
A scissor lift (10; fig. 1), comprising:
a base (60);
a platform (80) configured to support a load (a person/user; background of the invention);
a lift assembly (14; fig. 1, 2) having a first end (bottom ends of beams 160, 170; fig. 1) coupled to the base (60) and a second end (top ends of beams 120, 130; fig. 1) coupled to the platform (80), the lift assembly including:
a first support member (170) pivotally coupled (at pin 20) to a second support member (160);
a first bracket (bracket 108; fig. 1) coupled to the first support member (170 at least via plate 108; as shown in fig. 1, 2) and extending below the first support member (attachment at 114 extends below 170; as shown in figs. 1, 2);
a third support member (140) pivotally coupled (at pin 22) to a fourth support member (150); and
a second bracket (bracket 100; fig. 1) coupled to the third support member (140 at least via plate 100; as shown in fig. 1, 2) and extending above the third support member (attachment at 106 extends above 140; as shown in figs. 1, 2);
a linear actuator (116; fig. 2) coupled to the lift assembly (as shown in figs. 1,2), the linear actuator including:
a housing (cylinder holding extending piston; as shown in fig. 2) including an elongated member (cylinder holding extending piston) and a first mount (mount connecting housing to pin 114; see annotated drawings of fig. 2 below) coupled to the first support member (170 at least via plate 108; as shown in fig. 1, 2), wherein the housing is configured to rotate relative to the first support member about a first lateral axis (axis passing through pin 114, as the lift extends and retracts) that does not intersect the first support member (as shown in figs. 1; the attachment point of 114 sitting in bracket 108 is offset from the first support member 170; hence axis passing through pin 114 does not intersect 170);
an extending member (piston; see annotated drawings) received within the elongated member (per conventional operation of cylinders such as 116 illustrated in figs. 1, 2), the extending member including a second mount (mount connecting extending member/piston to unnumbered pin through aperture 106; see annotated drawings of fig. 2 below) coupled to the third support member (140 at least via plate 100; as shown in fig. 1, 2), wherein the extending member is configured to rotate relative to the third support member about a second lateral axis (axis passing through unnumbered pin passing through aperture 106, as the lift extends and retracts) that does not intersect the third support member (as shown in figs. 1; the attachment point at 106 sitting in bracket 100 is offset from the third support member 140; hence axis passing through aperture 106 does not intersect 140);
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In regards to claim 19 Zimmer does not disclose the linear actuator including a screw coupled to the housing, an electric motor, a gearbox and a brake.
Soltermann teaches linear actuator (2; equated to linear actuator of Zimmer) including a screw (spindle 6 with outer threads; fig. 1) coupled to the housing (20; equivalent to housing of Zimmer); an electric motor (10 in the form of an electric motor) coupled to the housing (fig. 1) and configured to drive the screw to move the extending member relative to the housing (as described in paragraph [0034]; see highlighted excerpt below), wherein the electric motor is offset from the extending member (offset and parallel; as shown in fig. 1);
a gearbox (gear mechanism 16; fig. 1) coupling the electric motor to the screw (as shown in fig. 1), wherein the elongated member and the electric motor both extend away from the gearbox in a first direction (as shown in fig. 1; both 10 and 6 extend parallel and in the same direction away from 16); and
a brake (28/30) configured to selectively prevent lowering of the platform (once taught onto the lift of Zimmer; would prevent lowering of platform of Zimmer per the braking of 30 as described in paragraph [0039]; highlighted excerpt below);
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Therefore, before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to substitute the linear actuator i.e. hydraulic cylinder of Zimmer with the screw feed electric motor driven linear actuator taught by Soltermann for the predictable result with reasonable expectation of success i.e., the advantages of electric driven actuator which provides (a) higher positioning precision, (b) higher energy efficiency and (c) lower cost due to avoidance of hydraulic fluids, lines, valves etc. as well as the leaks, and maintenance issues associated with said hydraulic components.
In regards to claim 19 Zimmer and Soltermann do not teach a handle movably coupled to the base; and a cable coupling the handle to the brake.
Arnot teaches a handle movably coupled to the base (direct or indirectly once taught onto device of Zimmer); and a cable coupling the handle to the brake (as described in Col 4 LL 74 – Col 5 LL 10; see excerpt below).
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Therefore, before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to utilize the handle and cable arrangement taught by Arnot onto the lift of Zimmer as modified by Soltermann for the predictable result with reasonable expectation of success i.e., to provide for manual means for the user to release and safely control the lowering of the platform for instance in case of loss of power.
In regards to claim 20 Zimmer as modified by Soltermann teaches the first mount is positioned between the gearbox and the elongated member (see annotated drawings below; Soltermann).
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Allowable Subject Matter
Claims 11-15 would be allowable if rewritten to overcome the drawings and claim objections 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. Please refer to PTO-892 form for list of cited references.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHIREF M MEKHAEIL whose telephone number is (571)270-5334. The examiner can normally be reached 10-7 Mon-Fri.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Daniel Cahn can be reached at 571-270-5616. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/S.M.M/Examiner, Art Unit 3634
/DANIEL P CAHN/Supervisory Patent Examiner, Art Unit 3634