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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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(s) 1-8, 12, 13, 15, 17-18, and 20-22 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Publication No. 2009/0188177 to Wensel et al. (“Wensel”) in view of U.S. Publication No. 2016/0010349 to Jenner (“Jenner”). All reference numerals and paragraph numbers are made with respect to Wensel unless otherwise noted.
Regarding claim 1, Wensel discloses a lifting tower 10/119 (Fig. 4-7) for use in the adjustment of the height of an attached structure, said tower comprising: a) a ground-engaging base 53; b) a left column (left 109) having a base end (adjacent 53) and a top end (adjacent 133), the base end being attached to the base 53 and extending axially upwards therefrom; c) a right column (right 109) having a base end (adjacent 53) and a top end (adjacent 133), the base end being attached to the base and extending axially upwards therefrom and parallel to the left column such that the left column 109 and right column 109 define a travel zone between them and therealong extending from the base to the top ends thereof; d) a threaded left lifting rod (left 131) of at least the same length as the left column, rotatably attached in parallel axial relation to the left column; e) a threaded right lifting rod (right 131) of at least the same length as the right column, rotatably attached in parallel axial relation to the right column; f) a travelling lift 111 positioned between and engaging the left and right columns and capable of travel therealong within the travel zone, said lift comprising: a. a left column engagement means 137 extending outside of the left column and comprising a left threaded collar (threaded aperture 137) aligned parallel to the base with the left threaded rod 131 extending therethrough; b. a right column engagement means 137 extending outside of the right column and comprising a right threaded collar (threaded aperture 137) aligned parallel to the base with the right threaded rod extending therethrough; and c. an engagement interface (portion of 111 located between and below engagement means 137) for engagement of the lift to an engagement point of the structure via which tower-generated vertical movement will be applied to the structure; and g) bidirectional rotational power means 139 (drive motor) for application of mirrored rotational power to the left and right lifting rods; wherein actuation of the rotational power means will on rotation of the left and right threaded rods result in the application of lifting or lowering force to the lift and any attached structure; and wherein the lift can travel within the entire travel zone defined by the columns in a single stroke without the need for any intermediate recalibration of the tower.
Wensel does not disclose that the rotational power means is locked when not actuated, eliminating gravitational movement of the lift.
Jenner discloses a lifting tower wherein a rotational power means (Jenner 30) is locked (Jenner, par 0126) when not actuated, eliminating gravitational movement of the lift to allow a load to be lifted to a given desired height (Jenner, par 0126).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the lifting tower of Wensel to have the rotational power means locked when not actuated, eliminating gravitational movement of the lift taught in Wensel with a reasonable expectation of success because it would predictably allow a load to be lifted to a given desired height.
Regarding claim 2, Wensel modified by Jenner discloses an upper terminating member 133 joining the top ends of the columns and maintaining the parallel spacing of the columns and the width of the travel zone therebetween.
Regarding claim 3, Wensel modified by Jenner does not disclose that the lifting tower the rotational power means comprises left and right motors attached in relation to the left and right threaded rods and having mirrored control. It has been held that a mere duplication of parts, such as the duplication of the motor to have a left and right motor, has no patentable significance unless a new and unexpected result is produced. A duplication of parts is generally recognized as being within the level of ordinary skill in the art. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1955).
Regarding claim 4, Wensel modified by Jenner discloses that the rotational power means comprises a single motor 139 with a means 141 of providing mirrored rotational power from the single motor to both the left and right threaded rods.
Regarding claim 5, Wensel modified by Jenner discloses that the engagement interface (portion of 111 below 137) is a saddle for the engagement of a lifting beam placed underneath the structure.
Regarding claim 6, Wensel modified by Jenner discloses that the engagement interface comprises engagement hardware 137 for attachment to a structural engagement point of the structure itself.
Regarding claim 7, Wensel modified by Jenner discloses that the rotational power means 139 is located at the top end of the tower.
Regarding claim 8, Wensel modified by Jenner does not disclose that the rotational power means 139 is located at the base of the tower. It would have been obvious to place the slot on the center of the tab because the rearrangement of parts is generally recognized as being within the level of ordinary skill in the art and such placement would not alter the performance of the device. In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950).
Regarding claims 12 and 17, Wensel discloses a system 10/119 (Fig. 4-7) for use in the lifting of a structure by applying lifting force to a plurality of engagement points of the structure, said system comprising: a. a plurality of lifting towers (10/119; at least four towers shown in Fig. 4) corresponding to the number of engagement points of the structure to which lifting or lowering force is to be applied, each lifting tower comprising: i. a vertical tower body 109; ii. a lift 111/131 for engagement of a corresponding engagement point of the structure and being attached to the vertical tower body for vertical movement within a travel zone defined by the tower body, wherein the lift 111/131 can travel within the entire travel zone in a single stroke without the need for any intermediate recalibration of the tower; and iii. power means 139 capable of applying lifting or lowering movement to the lift when actuated.
Wensel does not disclose a power means capable of being locked to restrict gravitational movement of the lift when not actuated and a controller connected to the power means of each lifting tower and capable of independently controlling the lifting movement applied to the structure by each tower.
Jenner discloses a lifting tower wherein a rotational power means (Jenner 30) is locked (Jenner, par 0126) to restrict gravitational movement of the lift when not actuated (Jenner, par 0126) and a controller (Jenner par 0119) connected to the power means of each lifting tower and capable of independently controlling the lifting movement applied to the structure by each tower (Jenner par 0119).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the lifting tower of Wensel to have the power means capable of being locked to restrict gravitational movement of the lift when not actuated and a controller connected to the power means of each lifting tower and capable of independently controlling the lifting movement applied to the structure by each tower as taught in Wensel with a reasonable expectation of success because it would predictably allow a load to be evenly lifted to a given desired height. Moreover, the method steps recited in claim 17 would be necessarily be performed in assembling and using the structure of claim 12.
Regarding claim 13, Wensel modified by Jenner discloses that the lifting towers are of a fixed height.
Regarding claims 15 and 20, Wensel modified by Jenner discloses that the lifting towers each comprise: a) a ground-engaging base 53; b) a left column (left 109) having a base end (adjacent 53) and a top end (adjacent 133), the base end being attached to the base 53 and extending axially upwards therefrom; c) a right column (right 109) having a base end (adjacent 53) and a top end (adjacent 133), the base end being attached to the base and extending axially upwards therefrom and parallel to the left column such that the left column 109 and right column 109 define a travel zone between them and therealong extending from the base to the top ends thereof; d) a threaded left lifting rod (left 131) of at least the same length as the left column, rotatably attached in parallel axial relation to the left column; e) a threaded right lifting rod (right 131) of at least the same length as the right column, rotatably attached in parallel axial relation to the right column; f) a travelling lift 111 positioned between and engaging the left and right columns and capable of travel therealong within the travel zone, said lift comprising: a. a left column engagement means 137 extending outside of the left column and comprising a left threaded collar (threaded aperture 137) aligned parallel to the base with the left threaded rod 131 extending therethrough; b. a right column engagement means 137 extending outside of the right column and comprising a right threaded collar (threaded aperture 137) aligned parallel to the base with the right threaded rod extending therethrough; and c. an engagement interface (portion of 111 located between and below engagement means 137) for engagement of the lift to an engagement point of the structure via which tower-generated vertical movement will be applied to the structure; and g) bidirectional rotational power means 139 (drive motor) for application of mirrored rotational power to the left and right lifting rods; wherein actuation of the rotational power means will on rotation of the left and right threaded rods result in the application of lifting or lowering force to the lift and any attached structure; wherein the rotational power means is locked when not actuated, eliminating gravitational movement of the lift; and wherein the lift can travel within the entire travel zone defined by the columns in a single stroke without the need for any intermediate recalibration of the tower.
Regarding claim 18, Wensel modified by Jenner discloses that the lifting towers are of a fixed height.
Regarding claim 21, Wensel modified by Jenner discloses that a plurality of beams 3 is temporarily installed under the structure to lift same, the engagement interfaces comprise saddles for engaging the beams, and the engagement points of the structure are surfaces of the beams engaging the saddles.
Regarding claim 22, Wensel modified by Jenner discloses that the height of the towers is mechanically adjusted during the lifting of the structure (par 0031).
Claim(s) 9-11, 14, and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wensel in view of Jenner as applied to claims 1, 12, and 17 above, and further in view of WO9952739 to Asplund (“Asplund”).
Regarding claim 9-11, Wensel modified by Jenner does not disclose that the left column and right column are adjustable in length to permit adjustment of the length and travel distance of the travel zone; wherein the left column and right column comprise telescoping sections to permit adjustment of the length thereof and comprising powered extension means to mechanically telescope the length of the columns without the need for detachment of the tower from the structure.
Asplund discloses a lifting tower wherein a column (Asplund 11-13) can be made adjustable in length to permit adjustment of the length and travel distance of the travel zone; wherein the column comprise telescoping sections to permit adjustment of the length thereof and comprising powered extension means (Asplund, motor in Fig. 1) to mechanically telescope the length of the columns without the need for detachment of the tower from the structure.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the lifting structure of Wensel to have the left column and right column are adjustable in length to permit adjustment of the length and travel distance of the travel zone; wherein the left column and right column comprise telescoping sections to permit adjustment of the length thereof and comprising powered extension means to mechanically telescope the length of the columns without the need for detachment of the tower from the structure as taught in Asplund with a reasonable expectation of success because it would predictably provide a compact lifting structure that would facilitate installation.
Regarding claims 14 and 19, Wensel modified by Jenner does not disclose that the lifting towers are adjustable in height.
Asplund discloses a lifting tower wherein a column (Asplund 11-13) the lifting towers are adjustable in height (Asplund Figs. 1-3).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the lifting structure of Wensel to have the lifting towers are adjustable in height as taught in Asplund with a reasonable expectation of success because it would predictably provide a compact lifting structure that would facilitate installation.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTINE T CAJILIG whose telephone number is (571)272-8143. The examiner can normally be reached M-F 9am-5pm.
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/CHRISTINE T CAJILIG/Primary Examiner, Art Unit 3633