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”, “elongated member”, first portion” and “second portion”, “protrusion”, “first protrusion”, “second protrusion”.
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” and all limitations regarding protrusions of claims 7-12, 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”
“Elongated member”
“First portion”
“Second portion”
“Protrusion”
“First protrusion”
“Second protrusion”
NOTE: that in light of the lack of illustration any mention of a “protrusion” in the specification, claims 7-12 will be examined as best understood.
Claim Objections
Claim 13 objected to because of the following informalities:
Claim 13 is missing article “a” to precede “push tube” in line 2.
Appropriate correction is required.
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 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12054372. Although the claims at issue are not identical, they are not patentably distinct from each other because:
Instant App ‘188 CLAIM 1
Pat No. ‘372 CLAIM 1
An electric linear actuator for a lift assembly of a scissor lift, the electric linear actuator comprising:
a housing having a first end defining an aperture and a second end opposite the first end, the housing including a mount configured to pivotally couple the housing to the lift assembly of the scissor lift
A scissor lift, comprising ... a linear actuator coupled to the lift assembly and configured to extend to raise the platform relative to the base ... a housing coupled to the electric motor and rotatably coupled to the screw wherein the housing includes a first end and an opposing second end ... a first mount coupled to a first support member of the plurality of support members and the housing includes a second mount coupled to a second support member
an extending member received within the aperture and slidably coupled to the housing;
Claim 6: the housing includes an elongated member that receives the extending member, claim 8: the extending member is configured to move relative to the housing along an axis of extension
a screw coupled to the housing
a screw ... a housing coupled to the electric motor and rotatably coupled to the screw wherein the housing includes a first end and an opposing second end
an electric motor coupled to the housing and configured to drive rotation of the screw to control movement of the extending member along an axis of extension
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
the mount is offset from the second end of the housing along the axis of extension such that the mount is positioned between the first end and the second end of 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
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)(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.
Claims 1-5, 7-9 and 13-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Soltermann, US (2020/0284329).
In regards to claim 1 Soltermann discloses:
An electric linear actuator (2; fig. 1) for a lift assembly of a scissor lift (intended use), the electric linear actuator comprising:
a housing (20) having a first end (right hand side end; fig. 1; see annotated drawings below) defining an aperture (opening through which 18 extends and retracts) and a second end (at 12; see annotated drawings below) opposite the first end (as shown in fig. 1; reproduced below), the housing including a mount (see annotated drawings below) configured to pivotally couple the housing to the lift assembly of the scissor lift (intended use, where the mount exhibits structure to be configured to pivotally couple the housing);
an extending member (member including 22, partially inserted into cylinder; see annotated drawings below) received within the aperture and slidably coupled to the housing (received into cylinder as shown in fig. 1, and slidable with 18 when extending and retracting);
a screw (spindle 6 with outer threads; fig. 1) coupled to the housing (fig. 1); and
an electric motor (10 in the form of an electric motor) coupled to the housing (fig. 1) and configured to drive rotation of the screw to control movement of the extending member along an axis of extension (as described in paragraph [0034]; see highlighted excerpt below),
wherein the mount is offset from the second end of the housing along the axis of extension (electric motor 10 being offset and parallel to 2nd end and parallel to the axis passing through major longitudinal length of 6 as shown in fig. 1) such that the mount is positioned between the first end and the second end of the housing (as shown in annotated drawings below).
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In regards to claim 2 Soltermann discloses the housing includes an elongated member (4) defining the aperture and a gearbox (16) coupling the electric motor to the screw (fig. 1), and wherein the mount is positioned between the gearbox and the elongated member (fig. 1).
In regards to claim 3 Soltermann discloses the electric motor is offset from the axis of extension (axis through major length of the motor offset from and parallel to the major axis of 4).
In regards to claim 4 Soltermann discloses the electric motor and the elongated member both extend away from the gearbox in a first direction (both motor and elongate member 4 extend in the same parallel direction).
In regards to claim 5 Soltermann discloses a brake configured to selectively limit movement of the extending member relative to the housing, wherein the electric motor is positioned between the gearbox and the brake (as shown in fig. 1 and described in paragraph [0039]; highlighted excerpt below).
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In regards to claim 7 Soltermann discloses the housing includes an elongated member (4) defining the aperture (opening through which 18 extends and retracts), wherein the elongated member and the extending member are substantially centered about the axis of extension (axis passing through major length of 4), and wherein the mount includes a protrusion (see annotated drawings above) that extends substantially perpendicular to the axis of extension (major plane of mount extending perpendicular to 20/4; annotated fig. 1).
In regards to claim 8 Soltermann discloses the protrusion is a pin (fig. 1 above).
In regards to claim 9 Soltermann discloses the protrusion is a first protrusion (see annotated drawings below), and wherein the mount further includes a second protrusion (see annotated drawings below) extending substantially perpendicular to the axis of extension (see annotated drawings below).
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In regards to claim 13 Soltermann discloses the housing includes an outer tube (20) defining the aperture, and wherein the extending member is [a] push tube (6) that receives the screw (6) such that the push tube extends between the screw and the outer tube in at least one position of the push tube (as described in paragraph [0034]).
In regards to claim 14 Soltermann discloses a nut (8) coupled to the push tube (18) and engaging the screw (6) (fig. 1).
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 6 is rejected under 35 U.S.C. 103 as being unpatentable over Soltermann, US (2020/0284329) as applied to claim 5 above, and in view of Arnot, US (2944689).
In regards to claim 6 Soltermann does not disclose a handle and a cable coupling the handle to the brake.
Arnot teaches a handle; and a cable coupling the handle to the brake (direct or indirectly once taught onto device of Soltermann) and configured to disengage the brake to permit movement of the electric motor in response to a user interaction with the handle (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 actuator of Soltermann for the predictable result with reasonable expectation of success i.e., to provide for manual means for the user to release the brakes and control the movement of the extending member.
Claims 15-16 and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Soltermann, US (2020/0284329) in view of Arnot, US (2944689).
In regards to claim 15 Soltermann discloses:
An electric linear actuator (2; fig. 1) for a lift device (intended use), the electric linear actuator comprising:
a housing (20) including an elongated portion (4) defining an aperture (opening through which 18 extends and retracts) and a second portion (12) extending substantially perpendicular to the elongated portion (as shown in fig. 1);
an extending member (member including 22, partially inserted into cylinder; see annotated drawings below) received within the aperture and slidably coupled to the housing (received into cylinder as shown in fig. 1, and slidable with 18 when extending and retracting);
a screw (spindle 6 with outer threads; fig. 1) received within the elongated portion of the housing (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 drive rotation of the screw to control extension of the electric linear actuator (as described in paragraph [0034]; see highlighted excerpt below);
a brake (28/30) configured to selectively prevent movement of the electric motor (as described in paragraph [0039]; highlighted excerpt below).
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In regards to claim 15 Soltermann does not disclose a handle and a cable coupling the handle to the brake.
Arnot teaches a handle; and a cable coupling the handle to the brake (direct or indirectly once taught onto device of Soltermann) and configured to disengage the brake to permit movement of the electric motor in response to a user interaction with the handle (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 actuator of Soltermann for the predictable result with reasonable expectation of success i.e., to provide for manual means for the user to release the brakes and control the movement of the extending member.
In regards to claim 16 Soltermann as modified by Arnot teaches the cable is configured to apply a force onto the brake to disengage the brake in response to a user pulling the handle (as described in Col 4 LL 74 – Col 5 LL 10; see excerpt above).
In regards to claim 18 Soltermann and Arnot do not explicitly teach a bracket coupling the cable to the electric motor; examiner takes Official Notice that brackets used to couple a cable are old and well-known in the art. 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 a bracket to couple the cable of Arnot to the motor of Soltermann for the predicable result of providing a fixed attachment for the cable to prevent wear and tear resulting from rubbing against other object and eventually failing/breaking.
In regards to claim 19 Soltermann discloses the elongated portion (4) and the electric motor (10) extend away from the second portion of the housing in a first direction (both motor and elongate member 4 extend in the same parallel direction), and wherein the brake is offset from the second portion of the housing in the first direction (where brake 30 is offset above the second/left end of the elongate housing 20; fig. 1).
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Soltermann, US (2020/0284329) in view of Arnot, US (2944689).
In regards to claim 20 Soltermann discloses:
An electric linear actuator (2; fig. 1) for a lift assembly of a scissor lift (intended use), the electric linear actuator comprising:
a housing (20) having a first end (right hand side end; fig. 1; see annotated drawings below) defining an aperture (opening through which 18 extends and retracts) and a second end (at 12; see annotated drawings below) opposite the first end (as shown in fig. 1; reproduced below), the housing including:
an elongated member (4) defining the aperture (opening through which 18 extends and retracts);
a gearbox (16) extending substantially perpendicular to the elongated member (as shown in fig. 1; reproduced below); and
a first mount (see annotated drawings below) positioned between the gearbox and the elongated member (as shown in fig. 1; reproduced below), the first mount including a pair of protrusions (see annotated drawings below) extending outward along a first lateral axis (see annotated drawings below);
an extending member (member including 22, partially inserted into cylinder; see annotated drawings below) received within the aperture and movable relative to the housing along a longitudinal axis (received into cylinder as shown in fig. 1, and slidable with 18 when extending and retracting; longitudinal axis along major axis of 4), the extending member including a second mount (see annotated drawings below) defining a passage that extends along a second lateral axis (axis along 2nd mount similar to first axis);
a screw (spindle 6 with outer threads; fig. 1) coupled to the housing (as shown in fig. 1);
an electric motor (10 in the form of an electric motor) coupled to the gearbox (as shown in fig. 1; reproduced below) and configured to drive rotation of the screw to control movement of the extending member along the longitudinal axis (as described in paragraph [0034]; see highlighted excerpt below), wherein the elongated member and the electric motor both extend away from the gearbox in a first direction (direction along major length of 4);
a brake (28/30) coupled to the electric motor such that the electric motor extends between the brake and the gearbox (fig. 1; the shaft running into 28 being part of the motor), wherein the brake is configured to selectively limit rotation of the screw (as described in paragraph [0039]; highlighted excerpt below).
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In regards to claim 20 Soltermann does not disclose a handle and a cable coupling the handle to the brake.
Arnot teaches a cable coupled to a handle and the brake (direct or indirectly once taught onto device of Soltermann), wherein the cable is configured to impart a force on the brake in response to a user pulling the handle (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 actuator of Soltermann for the predictable result with reasonable expectation of success i.e., to provide for manual means for the user to release the brakes and control the movement of the extending member. Soltermann and Arnot do not explicitly teach a bracket coupling the cable to the electric motor; examiner takes Official Notice that brackets used to couple a cable are old and well-known in the art. 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 a bracket to couple the cable of Arnot to the motor of Soltermann for the predicable result of providing a fixed attachment for the cable to prevent wear and tear resulting from rubbing against other object and eventually failing/breaking.
Allowable Subject Matter
In light of the lack of illustration any mention of a “protrusion” in the specification, claims 10-12 are provisionally objected to as being dependent upon a rejected base claim and would be allowable if rewritten to overcome the drawings and specification objections, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims. Important to note that upon clarification of the major objections, prior art may or may not become available.
Claim 17 is 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.
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