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 .
Claim Rejections - 35 USC § 112
Claim 1-10 are rejected under 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph, as based on a disclosure which is not enabling. The disclosure does not enable one of ordinary skill in the art to practice the invention without disclosing what or how a “length-variable manner” is constructed/made, which is/are critical or essential to the practice of the invention but not included in the claim(s). See In re Mayhew, 527 F.2d 1229, 188 USPQ 356 (CCPA 1976). Although “length-variable” is mentioned multiple times in the specification and claims, the current disclosure does not enable one of ordinary skill in the art to make and/or use a sling means in a “length-variable manner”.
Claim 6 are rejected under 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph, as based on a disclosure which is not enabling. The disclosure does not enable one of ordinary skill in the art to practice the invention without disclosing what or how a “means designed to secure the second end of the supporting rod on the receiving device” is constructed/made, which is/are critical or essential to the practice of the invention but not included in the claim(s). See In re Mayhew, 527 F.2d 1229, 188 USPQ 356 (CCPA 1976). Although “means designed to secure the second end of the supporting rod on the receiving device” is mentioned in the specification and claim, the current disclosure does not enable one of ordinary skill in the art to make and/or use a sling means in a “means designed to secure the second end of the supporting rod on the receiving device”.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1-10 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Rasmussen (US Pub. No. 2005/0168011).
Regarding claim 1, the Rasmussen reference discloses a receiving device (26) capable of depositing a slinging means on a distribution mast, wherein the slinging means is designed for lifting and transporting the distribution mast and has a first and a second carrying end (Figs. 4-15), wherein
the receiving device is capable of receiving at least one of the carrying ends of the slinging means in a length-variable manner (Figs. 4-15).
Regarding claims 2 and 3, the Rasmussen reference discloses the structural limitations of the receiving device of claim 1 and is capable of being used with a slinging means.
Regarding claim 4, the Rasmussen reference discloses the receiving device has a depositing surface (surface of 86) which is capable of length-variable deposit of the second carrying end of the slinging means (Figs. 4-15).
Regarding claim 5, the Rasmussen reference discloses the receiving device has lateral guides (e.g. 92,94 or 102,104) which are capable of lateral guidance of the second carrying end of the supporting rod.
Regarding claim 6, the Rasmussen reference discloses the receiving device comprises means capable of securing the second carrying end of the supporting rod on the receiving device (Figs. 4-15).
Regarding claim 7, the Rasmussen reference discloses the receiving device is designed as a tensioning device (Figs. 4-15) and is capable of being used with a slinging means.
Regarding claim 8, the Rasmussen reference discloses the structural limitations of the receiving device of claim 7 and is capable of being used with a slinging means.
Regarding claim 9, the Rasmussen reference discloses a distribution mast (e.g. 42) with a receiving device (26) capable of depositing a slinging means (Figs. 4-15), wherein the slinging means is designed for lifting and transporting the distribution mast and has two carrying ends (Figs. 4-15), wherein
the receiving device is capable receiving at least one of the two carrying ends of the slinging means in a length-variable manner (Figs. 4-15).
Regarding claim 10, the Rasmussen reference discloses the receiving device is capable of receiving the second carrying end of the slinging means in a length-variable manner (Figs. 4-15).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GILBERT Y LEE whose telephone number is (571)272-5894. The examiner can normally be reached Monday-Friday 8am-430pm.
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/GILBERT Y LEE/Primary Examiner, Art Unit 3675
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