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 .
This Office action is in response to amendments filed on 02/03/2026. Claims 1-17 and 19 are pending. The previously filed drawing objections are withdrawn in response to applicant’s remarks (p. 6 of Remarks). The previously filed 35 USC 112(b) rejection in claim 1 has been withdrawn, as necessitated by the amendments. Lastly, the previously filed claim interpretation for “climbing elements” in claim 1 has been withdrawn, as necessitated by the amendments.
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 2-9 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 2 recites the limitation "wherein the plurality of working surfaces" in ll. 1-2 of the claim. There is insufficient antecedent basis for this limitation in the claim. It is unclear to the Examiner whether the plurality of working surfaces corresponds to the first plurality of working surfaces or the second plurality of working surfaces from claim 1. As best understood and for examination purposes, both the first plurality and second plurality of working surfaces including outer working surfaces and inner working surfaces.
Claims 3-9 are rejected accordingly under 35 USC 112(b) since they are dependent on claim 1.
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 10-14 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by O’Connell (US Patent No. 6,695,290).
Regarding claim 10, O’Connell discloses a service accessory (item 10; figs. 1-1A) for a jack (figs. 3-6) comprising:
a one-piece accessory body (outer body of item 10; figs. 1-1A) having an outer peripheral surface (defined as outer peripheral of item 10 in view of fig. 1) varied in contour (outline, i.e. outer peripheral surface, of body 10 in view of fig. 1 is varied, i.e. angled differently) so as to form a plurality of outer working surfaces (includes 18, 20, 22, 24, 25, 26, 28, 30, 34; fig. 1), and at least one inner peripheral surface (item 36; fig. 1) forming a beam fastening opening (defined as opening 36; fig. 1) and a plurality of inner working surfaces (includes items 12, 14, 16; fig. 1);
the one-piece accessory body further including a first longitudinal end (designated in annotated fig. 1 below), a second longitudinal end (designated in annotated fig. 1.), and a first elongate guide (defined as elongate opening 52 in which beam inserts through, i.e. guided into position; figs. 3-4) extending longitudinally from a first longitudinal terminal end (designated in annotated fig. 1 below) located at the first longitudinal end to a second longitudinal terminal end (designated in annotated fig. 1 below) at the second longitudinal end ;
the one-piece accessory body further including a first transverse end (designated in annotated fig. 1 below), a second transverse end (defined as opposing end of first transverse end along transverse direction, not explicitly shown; transverse direction designated in annotated fig. 1 below), and a second elongate guide (item 44; fig. 1) extending transversely between the first transverse end and the second transverse end (second elongate guide 44 extends along transverse direction, designated in annotated fig. 1, from one face of accessory on first transverse end to opposing face of accessory on second transverse end, ; col. 3, ll. 53-57; fig. 1); and
the plurality of inner working surfaces having a distribution in at least one of a longitudinal direction (plurality of inner working surfaces are distributed along longitudinal direction and offset from one another in longitudinal direction, designated in annotated fig. 1 above), and the plurality of outer working surfaces among them defining at least one service orientation in the longitudinal direction (a portion of the plurality of working surfaces define an orientation along the longitudinal direction, i.e. items 24, 25, 28; fig. 1) and at least one service orientation in the transverse direction (a portion of the plurality of working surfaces 4, 30, 32 define an orientation along the transverse direction).
Regarding claim 11, O’Connell discloses the service accessory as claimed in claim 10, wherein the plurality of outer working surfaces includes a first wedge surface (item 25 of plurality of working surfaces; fig. 1) facing the longitudinal direction (first wedge surface 25 extends into longitudinal direction), and a second wedge surface (designated in annotated fig. 1 above) facing the transverse direction (second wedge surface extends into transverse direction, i.e. faces).
Regarding claim 12, O’Connell discloses the service accessory as claimed in claim 11, wherein the second wedge surface is one of a plurality of wedge surfaces facing the transverse direction (second wedge surface, as designated in annotated fig. 1 above, is one of a plurality as the opposing side of the second wedge surface is an additional wedge surface facing the transverse direction in an opposing direction; fig. 1).
Regarding claim 13, O’Connell discloses the service accessory as claimed in claim 10, wherein the plurality of inner working surfaces form at least one shackle hole (item 16 extends from one side, i.e. side facing user in view of fig. 1, to opposing side, i.e. opposing side not explicitly seen in fig. 1, and defines a shackle hole; similar to applicant’s disclosure, pp. [0025], items 70, 72 in fig. 2 of instant disclosure).
Regarding claim 14, O’Connell discloses the service accessory as claimed in claim 10, wherein the one-piece accessory body includes a lifting nose (item 20; fig. 1; similar to applicant’s disclosure, pp. [0024], fig. 2, wherein lifting nose can be used in a lifting application to vertically lift an object as well as in spreading or clamping application that might not be strictly defined as lifting, thus “lifting” is used in a non-limiting sense), and the plurality of outer working surfaces includes a lifting nose surface upon the lifting nose (defined as outermost surface of item 20; fig. 1) .
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.
Claims 1-6 and 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Hillier (US Patent No. 11,904,818) in view of McIntosh (US Patent No. 4,379,546).
Regarding claim 1, as best understood, Hillier (US Patent No. 11,904,818) discloses a jack assembly (item 600; fig. 15) comprising:
a base (designated in annotated fig. 15 below);
a beam (item 1000; fig. 15) including therein a plurality of apertures (fig. 15; designated below) spaced vertically between a first beam end (designated in annotated fig. 15 below) coupled to the base, and a second beam end (designated in annotated fig. 15 below);
a runner assembly (item 1402; fig. 15) selectively positionable in the plurality of apertures (col 4, ll. 13-15; runner assembly 1402 may be vertically moved along beam 1000 by inserting within plurality of apertures); and
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Annotated Fig. 15.
a service accessory (item 100; figs. 1-6) defining an axis (defined as axis extending into the page in view of fig. 1) extending through the service accessory between a first side (item 110a; figs. 2-3) and a second side (item 110b; figs. 2-3) thereof, and the service accessory including a plurality of working surfaces (includes surfaces designated in second annotated fig. 1 below and items 102, 104a, 104b, 106a, 106b, 107, 108, 109, 110a, 113; fig. 6), and a beam fastening opening (item 110; fig. 6) formed therein (beam fastening opening 110 is formed on one of the plurality of working surfaces, i.e. item 110a; fig. 1);
the service accessory further including a first elongate guide (defined as elongate channel between items 111a, 111b in which item 602 inserts through, i.e. guided into position; figs. 3 and 6) structured to mate the service accessory to the beam in a first assembly configuration (defined as configuration of when item 602 is inserted through first elongate guide and accessory is facing reverse direction as shown in figs. 6-7, i.e. when item 602 is inserted through first elongate guide and service accessory 100 is ready for use) with the service accessory oriented at a first angular orientation about the axis (service accessory 100 is oriented upright, i.e. longitudinally extending at a 90-degree angle, relative to the axis going into the page) presenting a first plurality of working surfaces at first service orientations relative to the beam (in first orientation, a first plurality of working surfaces, i.e. outer left surfaces of the working surfaces in view of fig. 1, face the beam), and a second elongate guide (item 300; figs. 4-5 and 10-11) structured to mate the service accessory to the beam with the service accessory rotated from the first angular orientation to a second angular orientation about the axis (accessory 100 is rotated to an upside-down position in order to orient to a second angular orientation, i.e. inverse 90-degree angle relative to the axis going into the page) in a second assembly configuration (defined as configuration of figs. 10-11, i.e. when beam 1000 is inserted through second elongate guide 300 for storage; col. 7, ll. 5-17) presenting a second plurality of working surfaces different than the first plurality of working surfaces (in second configuration, a second plurality of working surfaces, i.e. outer right surfaces of the working surfaces in view of fig. 1, face the beam) at second service orientations relative to the beam (in second orientation, figs. 10-11, service accessory 100 is upside-down and rotated from first orientation and therefore, different plurality of working surfaces face beam).
Though Hillier appears to disclose the runner assembly including climbing elements selectively positionable in the plurality of apertures, such that each climbing element is movable between a first position engaged in one of the plurality of apertures to secure the runner assembly in a fixed position, and a second position, and an actuator for varying a position of the runner assembly vertically upon the beam, Hillier does not explicitly disclose these features.
However, McIntosh (US Patent No. 4,379,546) teaches an analogous jack assembly (item 20; figs. 1-2) comprising a base (item 22; figs. 1-2), a beam (item 21; fig. 2) including a plurality of apertures (items 29; figs. 1-2) spaced along the beam, a runner assembly (includes items 24, 25; fig. 2) including climbing elements (items 27, 28; figs. 1-2; col. 3, ll. 62-63 and col. 4, ll. 7-8) selectively positionable in the plurality of apertures (col. 3, ll. 63-66), such that each climbing element is movable between a first position (defined as position shown in fig. 1) engaged in one of the plurality to apertures to secure the runner assembly in a fixed position (col. 4, ll. 14-16), and a second position (defined as position when climbing elements 27, 28 are removed and slidably moved along beam 21), and an actuator (item 23; figs. 1-2) for varying a position of the runner assembly vertically upon the beam (col. 4, ll. 3-12).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the runner assembly, as disclosed in Hillier, to include spring-based climbing elements and an actuator to the vary the position of the runner assembly, as taught in McIntosh, in order for the jack assembly to function as intended.
Regarding claim 2, as best understood, Hillier as modified discloses the jack assembly as claimed in claim 1, wherein the first plurality of working surfaces and the second plurality of working surfaces include outer working surfaces (in both configurations, the left and/or right outer working surfaces below are presented to face the beam) and inner working surfaces (in both configurations, the left and/or right inner working surfaces are presented to face the beam).
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First Annotated Fig. 1.
Regarding claim 3, Hillier as modified discloses the jack assembly as claimed in claim 2, wherein the first elongate guide extends longitudinally in the service accessory (elongated portion, i.e. length, of elongate guide extends in longitudinal direction, as designated in annotated fig. 2 above, in a portion between first and second longitudinal ends), and the second elongate guide extends latitudinally in the service accessory (length of second elongate guide 300 extends into the page in view of fig. 2 and width of second elongate guide 300 extends in left-right direction in view of fig. 2, i.e. extends along transverse direction and latitudinally along body, similar to applicant’s disclosure).
Regarding claim 4, Hillier as modified discloses the jack assembly as claimed in claim 2, wherein each of the first guide elongate and the second elongate guide includes at least a channel (the first elongate guide defines a channel from one side of the service accessory 100 to opposing side of service accessory in order for item 602 of runner to insert through; the second elongate guide 300 defines a channel in order for beam 1000 to insert through; figs. 5-6 and 10-11).
Regarding claim 5, Hillier as modified discloses the jack assembly as claimed in claim 4, wherein the first elongate guide and the second elongate guide include a first pair of parallel channels and a second pair of parallel channels (first elongate guide defines parallel channels, i.e. channel through items 111a, 111b in which item 602 is guided into and second channel through items 105a, 105b in which pins 702 can be guided into and across; figs. 2-3 and 6-8; further, second elongate guide includes parallel channels, designated in annotated fig. 4 below).
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Annotated Fig. 4.
Regarding claim 6, Hillier as modified discloses the jack assembly as claimed in claim 5, wherein the first pair of parallel channels and the second pair of parallel channels are arranged orthogonally to one another (first pair of channels defined by first elongate guide extend upward in view of figs. 1-2, i.e. along longitudinal direction, and second pair of seconds extend into the page in view of fig. 1 and left-right direction in view of fig. 2 thereby, orthogonal to first pair of channels; figs. 1-2).
Regarding claim 8, Hillier as modified discloses the jack assembly as claimed in claim 2, wherein the outer working surfaces include a wedge surface (designated in annotated fig. 1 above).
Regarding claim 9, Hillier as modified discloses the jack assembly as claimed in claim 8, wherein the inner working surfaces form at least a shackle hole (items 104a, 104b extend from one side to opposing side of service accessory 100 and defined a shackle hole; similar to applicant’s disclosure, pp. [0025], items 70, 72 in fig. 2 of instant disclosure).
Allowable Subject Matter
Claim 7 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 7, the closest art of record, Hillier in view of McIntosh (from claim 1 rejection above), discloses the jack assembly as claimed in claim 5. However, Hillier, alone or in further combination, does not teach, suggest, or make obvious wherein the first pair of parallel channels and the second pair of parallel channels intersect, as required by the claim, in combination with all additional elements of the claim.
Claims 15-16 are 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.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 15, the closest art of record, O’Connell discloses the service accessory as claimed in claim 14. However, O’Connell alone or in combination, does not teach, suggest or make obvious wherein both the first elongate guide and the second elongate guide include a set of respectively parallel channels, as required by the claim, in combination with all additional elements of the claim.
Claim 16 is indicated as allowable subject matter since the claim is dependent on claim 15.
Claims 17 and 19 are allowed.
The following is an examiner’s statement of reasons for allowance:
Regarding claim 17, the instant invention is neither anticipated nor rendered obvious by the prior art because the amendments set a device that is neither disclosed nor taught by the prior art. The Examiner agrees with the applicant’s amendments and remarks filed on 02/03/2026 which overcome all arts of record and place the claim in condition for allowance. Details for the reasons for allowance regarding newly amended claim 17 (which encompasses the previously indicated subject matter of claim 20 from claim set filed on 08/29/2023) is in Non-Final Rejection filed on 11/18/2025 on p. 24.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 and 10 have been considered but are moot because they are addressing newly amended claim limitations, as compared to the rejection of record. Upon further consideration and as necessitated by the amendments, a new grounds of rejection is made in view of Hillier (US Patent No. 11,904,818) in view of McIntosh (US Patent No. 4,379,546) for claim 1, and O’Connell (US Patent No. 6,695,290) for claim 10.
Lastly, in view of applicant’s arguments of Hillier reference and treating the storage posture of Hillier as a “second service orientation” contradicts applicant’s defined meaning of the relevant claim terms (p. 10-11 of Remarks). However, the Examiner respectfully disagrees. According to Merriam-Webster, “service” is defined as the function or serving or disposal for use; therefore, the storage orientation is a function/disposal for use of the accessory in order for the beam to be stored and stable in a position. If the applicant’s intent is for the jack accessory in both the first service orientation and the second service orientation to be configured to lift an article, then that function is not recited. Therefore, the art of record remains relevant for the amended claims.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SIDNEY D FULL whose telephone number is (571)272-6996. The examiner can normally be reached Monday-Friday, 7:00a.m.-2:30p.m..
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/SIDNEY D FULL/Examiner, Art Unit 3723
/BRIAN D KELLER/Supervisory Patent Examiner, Art Unit 3723