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 § 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)(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.
Claim(s) 1-19 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Cochet (U.S. Pub. No. 2023/0123044).
Regarding claim 1: Cochet discloses a trailer for transporting an aerial mast lift comprising:
a frame designed to provide support to a first set of components, see for example (Figs. 1-3) comprising:
a mounting bracket to accept a receiving handle of an aerial mast lift (via handles 114), wherein the receiving handle is positioned underneath the aerial mast (Figs. 1 & 8; via multiple shown handles 114 & lug 119, some positioned under area 113 and/or under the folded deck 11) and provides a pivot point to fold the aerial mast lift in a downward position when loading the aerial mast (intended use limitations; Fig. 8; via lug 119 and pivoting point 117; “This lug 119 is able to be secured to the front portion 116 of the deck 11 in order to keep the deck 11 in the unfolded position”, inherently when loading deck 11);
a rail attached over the frame (Fig. 4; via 113) to enable movement of the aerial mast lift when the aerial mast lift is loaded onto the trailer (intended use limitations of the rail); and
a tongue extended forward from the frame (Fig. 4; via 115) to provide support to a second set of components of the trailer (intended use limitations of the tongue);
Regarding claim 2: wherein the receiving handle of the aerial mast lift moves freely within the mounting bracket to enable folding of the aerial mast lift onto the trailer in a horizontal position (Fig. 4; via attachment means 114; whoever the intended use limitations of the mounting bracket to receive a handle; not given much patentable weight in the apparatus claims).
Regarding claim 3: wherein the mounting bracket is self-aligning (via means 114).
Regarding claim 4: wherein the mounting bracket is attached to a rear side of the frame (Figs. 1-4; via the shown 114 appears to be at both ends of the frame).
Regarding claim 5: wherein the first set of components comprises at least two wheels attached at a lower portion of the frame to enable movement of the trailer (Fig. 1; via two set of wheels 12).
Regarding claim 6: wherein the rail comprises a C-channel (Fig. 1; via the shown C-shape of 113).
Regarding claim 7: wherein the first set of components further comprises a bumper stop to restrict forward movement of the aerial mast lift along the rail (Fig. 1; via 171 can serve as a stopper).
Regarding claim 8: wherein the second set of components comprises a fastening means having a first end attached to the tongue of the trailer and a second end (Fig. 4; via immobilizing means 182/183) attached to the aerial mast lift for securely holding the aerial mast lift onto the trailer.
Regarding claim 9: wherein the second set of components further comprises a caster leg attached to the tongue of the trailer (Fig. 1; via 171/173).
Regarding claim 10: wherein the caster leg comprises a caster wheel to support the tongue of the trailer (via wheel 16).
Regarding claim 11: wherein the caster leg further comprises a handle to raise and to lower the caster leg and caster wheel (via draw bar 15).
Regarding claim 12: Cochet discloses a trailer for transporting an aerial mast lift, comprising:
a frame designed to provide support to a first set of components see for example (Figs. 1-3; via the shown frame 111) comprising:
a self-aligning mounting bracket (Fig. 4; via attachment means 114) to accept a receiving handle of the aerial mast lift wherein the receiving handle moves freely within the self-aligning mounting bracket to enable the aerial mast lift to be folded horizontally onto the trailer (intended use limitations of the claimed mounting bracket), wherein the receiving handle is positioned underneath the aerial mast (Figs. 1 & 8; via multiple shown handles 114 & lug 119, some positioned under area 113 and/or under the folded deck 11) and provides a pivot point to fold the aerial mast lift in a downward position when loading the aerial mast (intended use limitations; Fig. 8; via lug 119 and pivoting point 117; “This lug 119 is able to be secured to the front portion 116 of the deck 11 in order to keep the deck 11 in the unfolded position”, inherently when loading deck 11);
a rail attached over the frame (via 113) to enable movement of the aerial mast lift when the aerial mast lift is loaded onto the trailer (intended use of the rail); and
a bumper stop (via 171) to restrict forward movement of the aerial mast lift along the rail; and a tongue extended forward from the frame (Fig. 4; via 115) to provide support to a second set of components of the trailer.
Regarding claim 13: wherein the rail comprises a C-channel (via the shown C-shape of 113).
Regarding claim 14: wherein the first set of components comprises at least two wheels attached at a lower portion of the frame to enable movement of the trailer (Fig. 1; via two set of wheels 12).
Regarding claim 15: wherein the first set of components further comprises a platform attached over the frame (Figs. 1-3; via 11 and/or floor 112) to provide support to the aerial mast lift when loaded onto the trailer.
Regarding claim 16: wherein the second set of components comprises a fastening means having a first end attached to the tongue of the trailer and a second end attached to the aerial mast lift, see for example (Fig. 4; via immobilizing means 182/183) for securely holding the aerial mast lift onto the trailer.
Regarding claim 17: wherein the second set of components further comprises a caster leg attached to the tongue of the trailer (Fig. 1; via 171/173).
Regarding claim 18: wherein the caster leg comprises a caster wheel to support the tongue of the trailer when the trailer is unhitched from a towing vehicle, (Fig. 1; via wheel 16).
Regarding claim 19: wherein the caster leg further comprises a handle to raise and to lower the caster leg and caster wheel (via draw bar 15).
Claim(s) 20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Rust (U.S. Pub. No. 2022/0410990).
Regarding claim 20: Rust discloses a method for loading an aerial mast lift onto a trailer, wherein the method comprises steps of:
enabling a user to align a receiving handle of the aerial mast lift with a corresponding self-aligning mounting bracket of the trailer, see for example (Figs. 1-2 & 10-11; via aligning the shown 100 into bracket of the trailer; and coupling mechanism 110) so as to allow the receiving handle to move freely within the self-aligning mounting bracket, wherein the receiving handle is positioned underneath the aerial mast (Figs. 10-12; via the shown handle gear 170 positioned under area 110) and provides a pivot point to fold the aerial mast lift in a downward position when loading the aerial mast (intended use limitations; Fig. 6; shows pivoting point of the mast area);
enabling the user to load the aerial mast lift onto the trailer by folding the aerial mast lift to a horizontal position (via the lifting mechanism positioned flat in horizontally orientations and/or the suggested “lift axle”);
enabling the user to move the aerial mast lift to a desired position on the trailer by moving the aerial mast lift forward on a rail until the aerial mast lift contacts a bumper stop (Figs. 12-14; via moving 100 forward toward the truck); and
enabling the user to fasten the aerial mast lift by using an integrated fastening means provided at a tongue of the trailer to securely hold the aerial mast lift onto the trailer (via the coupling mechanism 110 for securing the trailer and lifting mechanism together).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-20 have been considered but are moot because the new ground of rejection adjusted to address the newly added limitations.
Applicant argues that the applied art of Cochet ‘044 does not suggest the amended claims referring to “wherein the receiving handle is positioned underneath the aerial mast and provides a pivot point to fold the aerial mast lift in a downward position when loading the aerial mast”. Applicant explained that ‘044’s element 114 does not illustrate where a receiving handle is positioned underneath an aerial mast, nor show 114 as a pivot point that can fold the aerial mast.
The Office as set forth above, believes that ‘044 clearly showing handles 114 and lug 119 pivoting along axis of rotation 117 to fold/unfold the aerial mast, see for example Fig. 8 and paragraph 0073; “lug 119 is able to be secured to the front portion 116 of the deck 11 in order to keep the deck 11 in the unfolded position”.
Further, the applied art of claim 20, Rust ‘990 also suggest similar mechanism of having handle positioned underneath the aerial mast (Figs. 10-12; via the shown handle gear 170 positioned under area 110) and provides a pivot point to fold the aerial mast lift in a downward position when loading the aerial mast (intended use limitations; Fig. 6; shows pivoting point of the mast area).
The Office draws applicant’s attention that the claims are given the broadest reasonable meaning, in this case as explained above it seems like applicant amended the claims and arguing of an intended use limitations to the “receiving handle”. It is noted that, a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
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 SAMEH TAWFIK whose telephone number is (571)272-4470. The examiner can normally be reached Mon-Fri. 8:00 AM - 4:00 PM.
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/SAMEH TAWFIK/Primary Examiner, Art Unit 3731