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 6/12/2023, with respect to the specification have been fully considered and are persuasive. Therefore, the objection has been overcome.
Applicant’s arguments, filed 6/12/2023, with respect to claim(s) 3, 10, 14 and 15 have been fully considered and are persuasive. Therefore, the objection has been overcome.
Applicant’s arguments, filed 6/12/2023, with respect to the rejection(s) of claim(s) 1-20 under 10 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Jeavons (U.S. Patent No. 4088356) and Baek et al (KR 100718933).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1, 2, 3, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jackson et al (U.S. Patent No. GB 2553820) in view of Jeavons (U.S. Patent No. 4088356) and Baek et al (KR 100718933).
Regarding claim 1, Jackson et al teaches a lifting assembly for a generator enclosure (11) including an engine and an alternator, the lifting assembly comprising (Abstract):
a lift hook (2) including a hook opening (9) (Page 2, lines 18-19; Page 5, lines 10-13; Fig. 1, elements 2, 9);
a shaft (4) attached to and extending away from the lift hook (2) (Page 7, lines 12-14; Fig. 1, elements 2, 4);
at least one key (6, 8) attached to the shaft (4) and protruding beyond a radius of the shaft (Page 7, lines 17-20; Page 8, lines 8-9; Fig. 1, elements 4, 6, 8);
and at least one keyhole (12) configured to receive the shaft (4) and the at least one key (6, 8) (Page 8, lines 15-20; Page 9, lines 10-21; Fig. 2, element 12).
Jackson et al does not teach the shape of the keyhole. Jeavons teaches a lifting device wherein the at least one keyhole includes a circular portion (11) configured to receive the shaft and a notch portion (12) extending away from the circular portion (11) and configured to receive the at least one key (Column 2, lines 14-17; Fig. 1, elements 11, 12).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include the teachings of Jeavons in Jackson et al to facilitate the creation of a keyhole that can readily accommodate a rod by Jeavons (Column 2, lines 17-20).
Jackson et al does not teach rotating the shaft between two positions. Baek et al teaches a lifting device wherein the shaft (210) and the key (220) have a predetermined position and wherein, after the shaft (210) and the at least one key (220) are inserted through the at least one keyhole, the shaft (210) is configured to be rotated about a central axis of the shaft (210) from the predetermined position to the second position (Page 4, paragraph 7; Fig. 10, elements 11, 12; Fig. 12, elements 11, 12).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include the teachings of Baek et al in Jackson et al to facilitate the creation of a key that engages the locking box and allows the container to be lifted as taught by Baek et al (Page 3, paragraph 1).
Regarding claim 2, Jackson et al further teaches the shaft (4) includes a keyway (7) extending along the length of the shaft (4), and the at least one key (6) is disposed within the keyway (7) (Page 7, lines 17-22; Page 8, lines 1-5; Fig. 1, elements 4, 6, 7).
Regarding claim 3, Jackson et al discloses the claimed invention except for a rectangular receptacle. However, it would have been obvious to one of ordinary skill in the art before the effective filing date to use a rectangular receptacle since it is held to be within the general skill of a worker in the art to select a known shape on the basis of its suitability for the intended use as a matter of obvious design choice. See In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966).
Regarding claim 8, Jackson et al further teaches the shaft (4) is configured to support the generator enclosure (11) when the generator enclosure (11) is lifted using the hook opening (9) (Page 9, lines 5-21; Fig. 3, elements 2, 11).
Regarding claim 9, Jackson et al fails to teach a key in a horizontal position. Baek et al teaches a lifting device wherein the predetermined position of the at least one key (220) is a horizontal position located on one side of the shaft (210) (Page 4, paragraph 2; Fig. 2, elements 210, 220).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include the teachings of Baek et al in Jackson et al to facilitate the creation of a key that can be rotated to enter the locking box as taught by Baek et al (Page 2, paragraph 9).
Regarding claim 10, Jackson et al teaches a lifting assembly for a generator enclosure (11), the lifting assembly comprising:
at least one lifting pin (1) including a lift hook (2) and a shaft (4) attached to and extending away from the lift hook (2), the shaft (4) including a keyway (7) extending along the length of the shaft (4) (Page 2, lines 18-19; Page 5, lines 10-13; Page 7, lines 12-14; Fig. 1, elements 1, 2, 3, 7, 9);
at least one key (6) disposed in the keyway (7) and attached the shaft (4) (Page 7, lines 17-22; Page 8, lines 1-5; Fig. 1, elements 4, 6, 7); and
a generator enclosure (11) including at least one lock assembly including at least one keyhole (12) configured to receive the at least one key (6, 8) and the shaft (4) (Page 8, lines 21-23; Page 9, lines 1-4).
Jackson et al fails to teach moving the key between two positions. Baek et al teaches a lifting device wherein the at least one key (220) is in a predetermined position and prevents the shaft (210A) and the at least one key (220) from moving through the at least one keyhole when the at least one key (220) is in another position other than the predetermined position (Page 4, paragraph 7; Fig. 10, elements 11, 12; Fig. 12, elements 11, 12).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include the teachings of Baek et al in Jackson et al to facilitate the creation of a key that can engage the locking box and reduce rocking and vibration as taught by Baek et al (Page 5, paragraph 3).
Regarding claim 11, Jackson et al further teaches the at least one lifting pin (1) is configured to be rotated about a central axis of the shaft (4) when the shaft (4) and the at least one key (6, 8) of the at least one lifting pin (1) are inserted through the at least one keyhole (12) (Page 9, lines 17-21).
Regarding claim 12, Jackson et al further teaches the at least one lifting pin (1) is configured to support the generator enclosure (11) when the generator enclosure (11) is lifted using a hook opening (9) in the at least one lifting pin (1) (Page 9, lines 5-21; Fig. 3, elements 2, 11).
Regarding claim 13, Jackson et al further teaches six lifting pins (1) and six lock assemblies are configured to support the generator enclosure (11) when the generator enclosure (11) is lifted (Page 4, lines 7-8; Page 5, lines 6-7).
Regarding claim 14, Jackson et al fails to teach the shape of the keyhole. Jeavons teaches a lifting device wherein the at least one keyhole (11, 12) has a shape corresponding to a cross section of the shaft and the at least one key (Column 2, lines 14-17; Fig. 1, elements 11, 12).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include the teachings of Jeavons in Jackson et al to facilitate the creation of a keyhole that can readily accommodate a rod by Jeavons (Column 2, lines 17-20).
Regarding claim 15, Jackson et al teaches a method of lifting a portion of a generator enclosure (11) with a lifting assembly, the lifting assembly including at least one lifting pin (1) having a lift hook (2) including a hook opening (9) (Page 5, lines 10-13; Page 7, lines 12-15; Fig. 1, elements 1, 2, 9),
a shaft (4) attached to and extending away from the lift hook (2) (Page 7, lines 12-15; Fig. 1, elements 2, 4),
at least one key (6, 8) attached to the shaft (4) protruding beyond a radius of the shaft (4) (Page 7, lines 12-15; Fig. 1, elements 2, 4),
and a generator enclosure (11) including at least one keyhole (12) configured to allow the at least one key (6, 8) and the shaft (4) to move through the at least one keyhole (12) (Page 8, lines 21-23; Page 9, lines 1-4),
the method comprising:
inserting the shaft (4) and the at least one key (6, 8) through the at least one keyhole (12) while the key (6, 8) is in the specific radial position (Page 9, lines 10-11);
and lifting a portion of the generator enclosure (11) using the hook opening (9) in the at least one lifting pin (1) (Page 10, lines 1-5).
Jackson et al fails to teach rotating the shaft and the key. Baek et al teaches a lifting device wherein the at least one key (220) and the shaft (210) move through the at least one keyhole when the at least one key (220) is in a single, specific radial position and prevent the shaft (210) and the at least one key (220) from moving through the at least one keyhole when the at least one key is in a radial position other than the specific radial position (Page 4, paragraph 7; Fig. 10, elements 11, 12; Fig. 12, elements 11, 12);
And rotating the shaft (210) about a central axis of the shaft (210) so that the at least one key (220) is in a radial position other than the specific radial position (Page 2, paragraph 10).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include the teachings of Baek et al in Jackson et al to facilitate the creation of a key that can rotate to engage the locking box and reduce rocking and vibration as taught by Baek et al (Page 5, paragraph 3).
Regarding claim 16, Jackson et al teaches the portion of the generator enclosure (11) includes an entire generator enclosure (11) (Page 9, lines 10-11; Fig. 3, elements 1, 11).
Regarding claim 17, Jackson et al teaches the at least one keyhole (12) in the generator enclosure (11) is formed in a roof panel of the generator enclosure (11), and wherein the portion of the generator enclosure (11) includes the roof panel of the generator enclosure (11) (Fig. 3, elements 11, 12; annotated figure). Additional details are provided in the figure below.
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Regarding claim 18, Jackson et al teaches the lifting the portion of the generator enclosure (11) includes lifting the portion of the generator enclosure (11) using the lift hook (2) disposed in six lifting pins (1) (Page 4, lines 7-8; Page 5, lines 6-7).
Regarding claim 20, Jackson et al teaches the hook opening (9) of the lifting pin (1) is located above a roof panel of the generator enclosure (11) when a portion of the generator enclosure (11) is lifted (Fig. 3, element 11; annotated figure). Additional details are provided in the figure below.
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Claim(s) 4, 7 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jackson et al in view of Jeavons and Baek et al and in further view of Reckmann (DE 4432571).
Regarding claim 4, Jackson et al in combination with Jeavons and Baek et al fails to teach a key abutting a wall of the lock assembly. Reckmann teaches a key with a locking assembly wherein the at least one key (21c) is configured to abut the second wall after the at least one key (21c) has passed through the at least one keyhole, preventing the shaft (51c) from extending further into the lock assembly (41c) (Page 22, paragraph 12; Page 23, paragraph 1; Fig. 4, elements 21c, 41c, 51c; annotated figure). Additional details are provided in the figure below.
It would have been obvious to one of ordinary skill in the art before the effective filing date to include the teachings of Reckmann in combination with Jackson et al, Jeavons and Baek et al to facilitate the creation of a key that can control the safety pins within the locking assembly as taught by Reckmann (Page 23, paragraph 4).
Regarding claim 7, Jackson et al further teaches the at least one key further comprises:
A first key (6) disposed within a keyway (7) extending along the length of the shaft (4) and attached to the shaft (4) at an end of the shaft (4) opposite the lift hook (2) (Page 7, lines 17-22; Page 8, lines 1-5);
And a second key (8) within the disposed within the keyway and attached to the shaft (4) adjacent to the lift hook (2) (Fig. 3, elements 2, 4, 8; annotated figure). Additional details are provided in the figure below.
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However, Jackson et al fails to teach a key that abuts a face of the enclosure. Reckmann teaches a key with a locking device wherein the second key (21c) is configured to abut a face of the generator enclosure (41c) after the first key has passed through the at least one keyhole, preventing the shaft (51c) from extending further into the at least one keyhole (Page 22, paragraph 12; Page 23, paragraph 1; Fig. 4, elements 21c, 41c, 51c; annotated figure). Additional details are provided in the figure below.
It would have been obvious to one of ordinary skill in the art before the effective filing date to include the teachings of Reckmann in Jackson et al to facilitate the creation of a key that can control the safety pins within the locking assembly as taught by Reckmann (Page 23, paragraph 4).
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Regarding claim 19, Jackson et al in view of Baek et al fails to teach rotating the shaft by 180 degrees. Reckmann teaches a key with a locking assembly where the rotating the shaft (51c) comprises rotating the shaft (51c) of the at least one lifting pin 180 degrees (Page 21, paragraphs 6-9).
It would have been obvious to one of ordinary skill in the art before the effective filing date to include the teachings of Reckmann in combination with Jackson et al and Baek et al to facilitate the creation of a rotating shaft that can achieve various key embodiments as taught by Reckmann (Page 21, paragraph 9).
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jackson et al in view of Reckmann and in further view of Clive-Smith et al (US 11124391).
Regarding claim 5, Jackson et al in view of Jeavons and Baek et al fails to teach mounting brackets. Clive-Smith et al teaches a lifting assembly wherein the lock assembly further includes one or more bracket mounting holes configured to receive a fastener (17, 18) for coupling a mounting bracket (42) to the lock assembly (5, 6), the mounting bracket (42) configured to support an exhaust treatment unit (Column 7, lines 41-43; Fig. 2B, elements 5, 6, 17, 18, 42).
It would have been obvious to one of ordinary skill in the art before the effective filing date to include the teachings of Clive-Smith et al in combination with Jackson et al, Jeavons and Baek et al to facilitate the creation of a mounting bracket that can aid with the control of the lifting device as taught by Clive- Smith et al (Column 7, lines 43-46).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SYDNEY JEANINE SIMMONS whose telephone number is (571)272-7472. The examiner can normally be reached Monday through Friday from 7:30am to 5:00pm.
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/SYDNEY JEANINE SIMMONS/Examiner, Art Unit 3654
/ROBERT W HODGE/Supervisory Patent Examiner, Art Unit 3654
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