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 .
Status of the Application
Claims 1-20 are pending and have been examined in this application. This communication is the first action on the merits. As of the date of this application, no Information Disclosure Statement (IDS) has been filed on behalf of this case.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that use the word “means” or “step” but are nonetheless not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitation(s) recite(s) sufficient structure, materials, or acts to entirely perform the recited function. Such claim limitation(s) is/are: “securement means” in claims 6-7 and 10.
Because this/these claim limitation(s) is/are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof.
If applicant intends to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitation(s) does/do not recite sufficient structure, materials, or acts to perform the claimed function.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-12 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation "the mounting plate sub-assembly" in line(s) 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 11 recites the limitation "the roof" in line(s) 4. There is insufficient antecedent basis for this limitation in the claim.
Claims 2-10 and 12 are rejected as being dependent on, and failing to cure the deficiencies of, rejected claims 1 and 11.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 13-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Volakakis et al. (US 4,511,048).
In regards to Claim 13, Volakakis discloses a davit and mast base assembly, comprising: a davit base assembly (Volakakis: Fig. 1; 12) adapted to anchor to a roof; and a mast base (Volakakis: Fig. 1; 14) assembly associated with a mast and configured for rotation about the davit base assembly, said mast base assembly including an external bearing arrangement (Volakakis: 17-19; 104) configured for contact with an outer-facing surface of a sleeve (Volakakis: Fig. 1, 17-19; 24) of the davit base assembly during rotation of the mast and the associated mast base assembly about the davit base assembly.
In regards to Claim 14, Volakakis discloses the davit and mast base assembly as claimed in claim 13, wherein the external bearing arrangement includes an upper roller bearing sub-assembly including a plurality of circumferentially spaced roller bearings (Volakakis: Fig. 17-19; 107, 108, 110) associated with a bearing housing (Volakakis: Fig. 17-19; 106, 112, 114, 116) located outside of the sleeve of the davit base sub-assembly, said bearing housing secured to an annular flange (Volakakis: Fig. 17-19; 105) of a mast base of the mast base assembly.
In regards to Claim 15, Volakakis discloses the davit and mast base assembly as claimed in claim 14, wherein the bearing housing (Volakakis: Fig. 17-19; 106, 112, 114, 116) and the annular flange (Volakakis: Fig. 17-19; 105) are configured to facilitate rolling contact of the plurality of roller bearings (Volakakis: Fig. 17-19; 107, 108, 110) with the outer-facing surface of the sleeve (Volakakis: Fig. 1, 17-19; 24) of the davit base assembly.
In regards to Claim 16, Volakakis discloses a davit and mast base assembly, comprising: a davit base assembly (Volakakis: Fig. 1; 12) adapted to anchor to a roof; and a mast base assembly (Volakakis: Fig. 1; 14) associated with a mast and configured for rotation about the davit base assembly, said mast base assembly including an internal roller bearing sub-assembly (Volakakis: Fig. 1, 4-5, 8; 42) configured for rolling contact with an inner-facing surface of a sleeve (Volakakis: Fig. 1; 24) of the davit base assembly during rotation of the mast and the associated mast base assembly about the davit base assembly.
In regards to Claim 17, Volakakis discloses the davit and mast base assembly as claimed in claim 16,wherein the internal roller bearing sub-assembly includes a plurality of roller bearings (Volakakis: Fig. 1, 4-5; 45, 46) spaced circumferentially about a mast base of the mast base assembly.
In regards to Claim 18, Volakakis discloses the davit and mast base assembly as claimed in claim 17,wherein the mast base includes a plurality of circumferentially spaced window openings (Volakakis: Fig. 4-5; show respective windows for each roller) through which respective roller bearings of the plurality of roller bearings (Volakakis: Fig. 1, 4-5; 45, 46) partly protrude for rolling contact with the inner-facing surface of the sleeve of the davit base assembly.
In regards to Claim 19, Volakakis discloses the davit and mast base assembly as claimed in claim 16, wherein a mast base of the mast base assembly (Volakakis: Fig. 1; 14) at its lower end is located inside the sleeve (Volakakis: Fig. 1, 17-19; 24) of the davit base assembly, and includes an internal bushing configured for rotational mounting about a fixed axle associated with the davit base assembly.
Claim Rejections - 35 USC § 103
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 20 is rejected under 35 U.S.C. 103 as being unpatentable over Volakakis et al. (US 4,511,048).
In regards to Claim 20, Volakakis discloses the davit and mast base assembly as claimed in claim 16, wherein a mast base (Volakakis: Fig. 1; 32) of the mast base assembly at its lower end is located inside the sleeve (Volakakis: Fig. 1; 24) of the davit base assembly.
However, Volakakis fails to disclose a mast base including an internal bushing configured for rotational mounting about a fixed axle associated with the davit base assembly.
Volakakis discloses the claimed invention except for the keyways being located on the removable sub-assembly and the key elements being on the mounting plate. However, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to reverse the fixed axle and bushing (Volakakis: Fig. 12; 22, 36) in Volakakis with the motivation of providing a lower number of protruding parts on the removable component that could be damaged, and since it has been held that a mere reversal of the essential working parts of a device involves only routine skill in the art. In re Einstein, 8 USPQ 167; In re Gazda, 219 F.2d 449, 104 USPQ 400 (CCPA 1955).
Claims 1-4, 6, 8-9, and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Volakakis et al. (US 4,511,048) in view of Tracy (US 4,714,226).
In regards to Claim 1, Volakakis discloses a davit, comprising: a davit base assembly comprising: a removable base sub-assembly (Volakakis: Fig. 1; 12) including a securement means (Volakakis: Fig. 1; 21); and a mast base assembly (Volakakis: Fig. 1; 14) associated with a mast and configured for rotation about the davit base assembly, said mast base assembly including a roller bearing arrangement (Volakakis: Fig. 1, 4-5, 8, 17-19; 42 / 104) configured for contact with a sleeve (Volakakis: Fig. 1, 17-19; 24) of the removable base sub-assembly during rotation of the mast and the associated mast base assembly about the davit base assembly.
Volakakis fails to disclose a removable base sub-assembly including securement means configured to cooperate with the mounting plate sub-assembly wherein sliding movement of the removable base sub-assembly in a linear action effects movement of the securement means into an engaged position for securement of the removable base sub-assembly to the mounting plate sub-assembly, said securement means configured wherein sliding movement of said base sub-assembly in a reciprocal linear action effects movement of said securement means into a disengaged position where the removable base sub- assembly is released for removal from the mounting plate sub-assembly. However, Tracy teaches a removable base sub-assembly (Tracy: Fig. 7-8, 16-20; 20, 22) including securement means (Tracy: Fig. 7-8, 16-21; 136, 140) configured to cooperate with a mounting plate sub-assembly (Tracy: Fig. 3-8, 16-21; 18) wherein sliding movement of the removable base sub-assembly in a linear action effects movement of the securement means into an engaged position for securement of the removable base sub-assembly to the mounting plate sub-assembly, said securement means configured wherein sliding movement of said base sub-assembly in a reciprocal linear action effects movement of said securement means into a disengaged position where the removable base sub- assembly is released for removal from the mounting plate sub-assembly (Tracy: Fig. 16-20).
Volakakis and Tracy are analogous because they are from the same field of endeavor or a similar problem solving area e.g. crane supports. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the base sub-assembly in Volakakis with the base assembly from Tracy, with a reasonable expectation of success, in order to provide a means for a user to easily remove and store the davit and leave a flush surface, thereby expanding the utility of the structure to higher traffic locations where presence of a protruding base is objectionable (Tracy: Col. 1, Ln. 45-55).
In regards to Claim 2, Volakakis, as modified, teaches the davit as claimed in claim 1, wherein the roller bearing arrangement (Volakakis: Fig. 17-19; 104) is an external roller bearing arrangement configured for contact with an out-facing surface of the sleeve (Volakakis: Fig. 1, 17-19; 24) of the removable base sub-assembly, the external roller bearing arrangement including an upper roller bearing sub-assembly including a plurality of circumferentially spaced roller bearings (Volakakis: Fig. 17-19; 107, 108, 110) associated with a bearing housing (Volakakis: Fig. 17-19; 106, 112, 114, 116) located outside of the sleeve of the davit base sub-assembly, said bearing housing secured to an annular flange (Volakakis: Fig. 17-19; 105) of the mast base assembly.
In regards to Claim 3, Volakakis, as modified, teaches the davit as claimed in claim 1, wherein the roller bearing arrangement (Volakakis: Fig. 1, 4-5; 42) includes an internal roller bearing sub-assembly having a plurality of roller bearings (Volakakis: Fig. 1, 4-5; 45, 46) spaced circumferentially about a mast base of the mast base assembly, the mast base including a plurality of circumferentially spaced window openings through which respective roller bearings of the plurality of roller bearings partly protrude for rolling contact with the inner-facing surface of the sleeve of the davit base assembly (Volakakis: Fig. 4-5; show respective windows for each roller).
In regards to Claim 4, Volakakis, as modified, teaches the davit as claimed in claim 1, wherein the removable base sub-assembly also includes a locking arrangement (Tracy: Fig. 7-8, 16-20; 146, 148) configured to cooperate with the mounting plate sub-assembly for movement into a locked position to prevent sliding movement of the removable base sub-assembly thereby retaining the securement means (Tracy: Fig. 7-8, 16-21; 136, 140) in the engaged position.
In regards to Claim 6, Volakakis, as modified, teaches the davit as claimed in claim 1, wherein the securement means (Tracy: Fig. 7-8, 16-21; 136, 140) includes a plurality of key elements fixed to and projecting from the removable base sub-assembly, each of said key elements configured for sliding movement in the linear and reciprocal linear actions within a respective keyway (Tracy: Fig. 6; 64, 66) of a plurality of keyways formed in the mounting plate sub-assembly.
In regards to Claim 8, Volakakis, as modified, teaches the davit as claimed in claim 6, wherein the removable base sub-assembly includes a sleeve (Tracy: Fig. 7-8, 16-20; 22) connected to an end plate (Tracy: Fig. 7-8, 16-20; 122, 124, 126, 130, 132), the sleeve being adapted to receive and support the mast base assembly, the removable base sub-assembly also including a plurality of radially projecting gussets (Tracy: Annotated Fig. 7; G) located outside the sleeve and connected between the end plate and the sleeve to support the removable base sub-assembly under load imposed by the mast base assembly.
In regards to Claim 9, Volakakis, as modified, teaches the davit as claimed in claim 8, wherein the key elements (Tracy: Fig. 7-8, 16-21; 136, 140) of the securement means are fixed to and extend from either the end plate (Tracy: Fig. 7-8, 16-20; 122, 124, 126, 130, 132) or two or more of the gussets for securement of the removable base sub-assembly to the mounting plate sub-assembly via the securement means in the engaged position.
In regards to Claim 11, Volakakis, as modified, teaches the davit as claimed in claim 1, wherein the mounting plate sub-assembly (Tracy: Fig. 3-8, 16-21; 18) includes an upper plate (Tracy: Fig. 3-8; 56) to which two or more lower mounting rails (Tracy: Fig. 3-8; 68, 70, 72, 78, 80, 82, 114, 116) are fixed, said mounting rails adapted for anchoring to the roof via one or more anchorages whilst providing a space between the roof and an underside of the upper plate to accommodate the securement means of the removable base sub-assembly during sliding movement of the removable base sub-assembly and the associated movement of the securement means between the disengaged and engaged portions (Tracy: Fig. 16-20).
Claims 1, 4, 6, 8-9, and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Tracy (US 4,714,226) in view of Kruse (DE 43 18 860).
In regards to Claim 1, Tracy discloses a davit, comprising: a davit base assembly comprising: a removable base sub-assembly (Tracy: Fig. 7-8, 16-20; 20, 22) including securement means (Tracy: Fig. 7-8, 16-21; 136, 140) configured to cooperate with the mounting plate sub-assembly (Tracy: Fig. 3-8, 16-21; 18) wherein sliding movement of the removable base sub-assembly in a linear action effects movement of the securement means into an engaged position for securement of the removable base sub-assembly to the mounting plate sub-assembly, said securement means configured wherein sliding movement of said base sub-assembly in a reciprocal linear action effects movement of said securement means into a disengaged position where the removable base sub- assembly is released for removal from the mounting plate sub-assembly (Tracy: Fig. 16-20); and a mast base assembly (Tracy: Fig. 1-2, 21; 10) associated with a mast and configured for rotation about the davit base assembly, said mast base assembly including a bearing arrangement (Tracy: Fig. 21; 32) configured for contact with a sleeve (Tracy: Fig. 7-8, 16-20; 22) of the removable base sub-assembly during rotation of the mast and the associated mast base assembly about the davit base assembly.
Tracy fails to disclose a mast base assembly including a roller bearing arrangement. However, Kruse teaches a mast base assembly (Kruse: Fig. 3; 8-9) including a roller bearing arrangement (Kruse: Fig. 3; 29).
Tracy and Kruse are analogous because they are from the same field of endeavor or a similar problem solving area e.g. crane supports. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the mast base assembly in Tracy with the roller bearing arrangement from Kruse, with a reasonable expectation of success, in order to provide a means of better transferring radial forces caused by loads to the base (Kruse: Col. 4, Ln. 2-8).
In regards to Claim 4, Tracy, as modified, teaches the davit as claimed in claim 1, wherein the removable base sub-assembly also includes a locking arrangement (Tracy: Fig. 7-8, 16-20; 146, 148) configured to cooperate with the mounting plate sub-assembly for movement into a locked position to prevent sliding movement of the removable base sub-assembly thereby retaining the securement means (Tracy: Fig. 7-8, 16-21; 136, 140) in the engaged position.
In regards to Claim 6, Tracy, as modified, teaches the davit as claimed in claim 1, wherein the securement means (Tracy: Fig. 7-8, 16-21; 136, 140) includes a plurality of key elements fixed to and projecting from the removable base sub-assembly, each of said key elements configured for sliding movement in the linear and reciprocal linear actions within a respective keyway (Tracy: Fig. 6; 64, 66) of a plurality of keyways formed in the mounting plate sub-assembly.
In regards to Claim 8, Tracy, as modified, teaches the davit as claimed in claim 6, wherein the removable base sub-assembly includes a sleeve (Tracy: Fig. 7-8, 16-20; 22) connected to an end plate (Tracy: Fig. 7-8, 16-20; 122, 124, 126, 130, 132), the sleeve being adapted to receive and support the mast base assembly, the removable base sub-assembly also including a plurality of radially projecting gussets (Tracy: Annotated Fig. 7; G) located outside the sleeve and connected between the end plate and the sleeve to support the removable base sub-assembly under load imposed by the mast base assembly.
In regards to Claim 9, Tracy, as modified, teaches the davit as claimed in claim 8, wherein the key elements (Tracy: Fig. 7-8, 16-21; 136, 140) of the securement means are fixed to and extend from either the end plate (Tracy: Fig. 7-8, 16-20; 122, 124, 126, 130, 132) or two or more of the gussets for securement of the removable base sub-assembly to the mounting plate sub-assembly via the securement means in the engaged position.
In regards to Claim 11, Tracy, as modified, teaches the davit as claimed in claim 1, wherein the mounting plate sub-assembly (Tracy: Fig. 3-8, 16-21; 18) includes an upper plate (Tracy: Fig. 3-8; 56) to which two or more lower mounting rails (Tracy: Fig. 3-8; 68, 70, 72, 78, 80, 82, 114, 116) are fixed, said mounting rails adapted for anchoring to the roof via one or more anchorages whilst providing a space between the roof and an underside of the upper plate to accommodate the securement means of the removable base sub-assembly during sliding movement of the removable base sub-assembly and the associated movement of the securement means between the disengaged and engaged portions (Tracy: Fig. 16-20).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Tracy (US 4,714,226) in view of Kruse (DE 43 18 860) as applied to claim 12 above, and further in view of DeLeeuw Jr. (US 5,174,542).
In regards to Claim 12, Tracy, as modified, teaches the davit as claimed in claim 11, wherein the upper plate includes one or more openings (Tracy: Fig. 3-8; 60, 62).
Tracy fails to disclose one or more anchorage openings for passage of a respective anchorage of the one or more anchorages into the corresponding mounting rail for anchoring of the mounting plate sub-assembly to the roof with the anchorages being located below an upper surface of the upper plate. However, DeLeeuw teaches one or more anchorage openings (DeLeeuw: Fig. 1; opening between 26) for passage of a respective anchorage (DeLeeuw: Fig. 1; 24) of the one or more anchorages into the corresponding mounting rail for anchoring of the mounting plate sub-assembly to a surfaces with the anchorages being located below an upper surface (DeLeeuw: Fig. 1; 26) of the upper plate.
Tracy and DeLeeuw are analogous because they are from the same field of endeavor or a similar problem solving area e.g. detachably connecting equipment to surfaces to improve usage thereof. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the mounting plate anchorages in Tracy with the openings that receive anchorages from the upper surface, as taught by DeLeeuw, with a reasonable expectation of success, in order to provide a plate which can receive anchorages from above without impeding on the movement of a removable base (DeLeeuw: Col. 2, Ln. 26-47), thereby improving the mounting process by increasing accessibility.
Claims 1, 4-7, and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Thiermann (US 3,813,735) in view of Kruse (DE 43 18 860).
In regards to Claim 1, Thiermann discloses a davit, comprising: a davit base assembly comprising: a removable base sub-assembly (Thiermann: Fig. 5-8; 25) including securement means (Thiermann: Fig. 5-7; 13, 14 / 26) configured to cooperate with a mounting plate sub-assembly (Thiermann: Fig. 5-8; 2 / 30) wherein sliding movement of the removable base sub-assembly in a linear action effects movement of the securement means into an engaged position for securement of the removable base sub-assembly to the mounting plate sub-assembly, said securement means configured wherein sliding movement of said base sub-assembly in a reciprocal linear action effects movement of said securement means into a disengaged position where the removable base sub- assembly is released for removal from the mounting plate sub-assembly.
Thiermann fails to disclose a mast base assembly associated with a mast and configured for rotation about the davit base assembly, said mast base assembly including a roller bearing arrangement configured for contact with a sleeve of the removable base sub-assembly during rotation of the mast and the associated mast base assembly about the davit base assembly. However, Kruse teaches a mast base assembly (Kruse: Fig. 3; 8-9) associated with a mast and configured for rotation about a davit base assembly (Kruse: Fig. 3; 6), said mast base assembly including a roller bearing arrangement (Kruse: Fig. 3; 29) configured for contact with a sleeve of the removable base sub-assembly during rotation of the mast and the associated mast base assembly about the davit base assembly.
Thiermann and Kruse are analogous because they are from the same field of endeavor or a similar problem solving area e.g. crane supports. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the mast base assembly in Thiermann with the roller bearing arrangement from Kruse, with a reasonable expectation of success, in order to provide a means of better transferring radial forces caused by loads to the base (Kruse: Col. 4, Ln. 2-8).
In regards to Claim 4, Thiermann, as modified, teaches the davit as claimed in claim 1, wherein the removable base sub-assembly also includes a locking arrangement (Thiermann: Fig. 6-7; 15-19 / 28, 31) configured to cooperate with the mounting plate sub-assembly for movement into a locked position to prevent sliding movement of the removable base sub-assembly thereby retaining the securement means in the engaged position.
In regards to Claim 5, Thiermann, as modified, teaches the davit as claimed in claim 4, wherein the locking arrangement (Thiermann: Fig. 6-7; 15-19 / 28, 31) includes a retractable plunger (Thiermann: Fig. 6-7; 15 / 28) arranged to engage a corresponding aperture in the mounting plate sub-assembly to prevent sliding movement of the removable bae sub- assembly whilst the securement means is in the engaged position, the locking arrangement also including biasing means (Thiermann: Fig. 6-7; 16 / 31) configured to urge the retractable plunger into engagement with the aperture of the mounting plate sub-assembly.
In regards to Claim 6, Thiermann, as modified, teaches the davit as claimed in claim 1, wherein the securement means includes a plurality of key elements (Thiermann: Fig. 5-7; 13, 14 / 26) fixed to and projecting from the removable base sub-assembly, each of said key elements configured for sliding movement in the linear and reciprocal linear actions within a respective keyway of a plurality of keyways (Thiermann: Fig. 5-7; 12 / 23) formed in the mounting plate sub-assembly.
In regards to Claim 7, Thiermann, as modified, teaches the davit as claimed in claim 6, wherein each of the keyways (Thiermann: Fig. 5-7; 12 / 23) is in the form of a keyhole slot configured at an enlarged end for passage of a corresponding key element of the key elements (Thiermann: Fig. 5-7; 13, 14 / 26) in the disengaged position of the securement means, the keyhole slot at an opposing tapered end being effective in retaining the key element for securement of the removable base sub-assembly to the mounting plate sub-assembly in the engaged position of the securement means.
In regards to Claim 10, Thiermann, as modified, teaches the davit as claimed in claim 1, but fails to disclose securement means that includes a plurality of keyways formed in the removable base sub-assembly, said keyways configured for movement between the engaged and disengaged positions relative to a respective key element of a plurality of key elements fixed to and projecting from the mounting plate sub-assembly.
Thiermann discloses the claimed invention except for the keyways being located on the removable sub-assembly and the key elements being on the mounting plate. However, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to reverse the key and keyway connections in Thiermann with the motivation of providing a removable component with a lower number of protruding parts that could be damaged, and since it has been held that a mere reversal of the essential working parts of a device involves only routine skill in the art. In re Einstein, 8 USPQ 167; In re Gazda, 219 F.2d 449, 104 USPQ 400 (CCPA 1955).
Annotated Figures
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I: Tracy; Fig. 7 (Detail)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 for cited references.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Taylor Morris whose telephone number is (571)272-6367. The examiner can normally be reached M-F: 10AM-6PM PST / 1PM-9PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Liu can be reached at (571) 272-8227. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Taylor Morris/Primary Examiner, Art Unit 3631