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 .
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.
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.
Claims 1 and 19 (and 2-9 and 20 through dependency) are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Claim 1 recites “a spring” in line 5. However, line 2 already introduced a spring. It is unclear whether this is a double positive recitation of the same spring or whether it is a different spring. For purposes of examination, it will be assumed that Applicant intended “the spring” and is referring to the same spring introduced in line 2. Correction is required.
Claim 19 recites “a spring” in line 5. However, line 2 already introduced a spring. It is unclear whether this is a double positive recitation of the same spring or whether it is a different spring. For purposes of examination, it will be assumed that Applicant intended “the spring” and is referring to the same spring introduced in line 2. Correction is required.
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)(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 1-2, 7, 10-11, 16, and 19-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Merrick et al, US 3,475,778.
Regarding claim 1, Merrick teaches a dock leveler comprising:
a counterbalancing assembly comprising a spring (47; Figure 4); and
an anchor plate (channel 46; Figure 4) spanning a width of the spring to permit coupling of the counterbalancing assembly and a linkage system (latch member 41 pivoted to the frame), the anchor plate comprising:
a first end portion (see detail of Figure 4 reproduced below with Examiner’s annotations) wrapped around a first outer surface of the spring of the dock leveler to secure the anchor plate to the spring;
a middle portion adjacent to the first end portion; and
a second end portion (see detail of Figure 4 reproduced below with Examiner’s annotations) adjacent the middle portion, the second end portion wrapped around a second outer surface of the spring to secure the anchor plate to the spring.
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Regarding claim 2, as shown in Figure 4, the anchor plate and the spring forcibly secure themselves to one another.
Regarding claim 7, as shown in Figure 4, the anchor plate is configured to couple to the linkage system through a hole defined in the middle portion.
Regarding claim 10, Merrick teaches a dock leveler comprising:
at least one spring (47; Figure 4) having a first end and a second end, the first end coupled (via anchor plate 46 and frame) to a face plate (top plate 16) of the dock leveler; and
at least one anchor plate (channel 46; Figure 4) spanning a width of the second end of the at least one spring to permit coupling of the at least one spring and a linkage system (latch member 41 pivoted to the frame) of the dock leveler, the at least one anchor plate comprising:
a first end portion (see detail of Figure 4 reproduced below with Examiner’s annotations) wrapped around a first outer surface of the second end of the at least one spring to secure the at least one anchor plate to the at least one spring;
a middle portion adjacent to the first end portion; and
a second end portion (see detail of Figure 4 reproduced below with Examiner’s annotations) adjacent the middle portion, the second end portion wrapped around a second outer surface of the second end of the at least one spring to secure the at least one anchor plate to the at least one spring.
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Regarding claim 11, as shown in Figure 4, the at least one anchor plate and the at least one spring forcibly secure themselves to one another, respectively.
Regarding claim 16, as shown in Figure 4, the at least one anchor plate is configured to couple to the linkage system through a hole defined in the middle portion.
Regarding claim 19, Merrick teaches a spring anchor comprising:
an anchor plate (channel 46; Figure 4) configured to span a width of a spring (47; Figure 4) of a dock leveler to permit coupling of a counterbalancing assembly and a linkage system (latch member 41 pivoted to the frame), the anchor plate comprising:
a first end portion (see detail of Figure 4 reproduced below with Examiner’s annotations) configured to wrap around a first outer surface of the spring of the dock leveler to secure the anchor plate to the spring;
a middle portion adjacent to the first end portion; and
a second end portion (see detail of Figure 4 reproduced below with Examiner’s annotations) adjacent the middle portion, the second end portion configured to wrap around a second outer surface of the spring to secure the anchor plate to the spring.
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Regarding claim 20, as shown in Figure 4, the anchor plate and the spring are configured to forcibly secure themselves to one another.
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 3-6 and 12-15 are rejected under 35 U.S.C. 103 as being unpatentable over Merrick as applied above in view of Schaefer et al., US 2022/0128084 A1.
Regarding claims 3-6 and 12-15, while Merrick shows a channel which has the first end portion and the second end portion but there is no detailed view of the channel, Schaefer discloses a channel with curved edges (Figure 1A) and discloses that a channel such as that is “usually formed from metal sheet, folded over to define an open channel with inward-curving lips to provide additional stiffness” and is commonly used in construction for structural support ([0002]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Merrick’s channel to be a channel with curved edges in view of Schaefer’s disclosure since it is a commonly-available type of channel that is known to provide additional stiffness. Since claims 3-6 and 12-15 include the limitations that the curved inner surface extends “greater than 90 degrees but less than 180 degrees” and also “equal to or greater than 180 degrees”, this proves a lack in criticality of the exact degree of curvature as long as it is greater than 90 degrees. The resulting combination yields the first end portion having a first curved inner surface that extends greater than 90 degrees about a longitudinal axis of the first end portion and the second end portion having a second curved surface that extends greater than 90 degrees about a longitudinal axis of the second end portion. The resulting combination makes obvious that the first curved inner surface and second curved inner surface could extend less than 180 degrees about a longitudinal axis of the first end portion and second end portion respectively or extend equal to or greater than 180 degrees about a longitudinal axis of the first end portion and second end portion respectively based on obvious design choice (slightly a few degrees more or less such as 178 degrees or 182 degrees), since Schaefer shows first and second curved inner surfaces of about 180 degrees. Additionally, it has been held that a prima facie case of obviousness exists where the claimed ranges overlap with that disclosed by the prior art. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976).
Allowable Subject Matter
Claims 17-18 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.
Claims 8-9 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached Notice of References Cited sheet.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATHERINE J CHU whose telephone number is 571-272-7819. The examiner can normally be reached M-F generally 9:30-5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christopher Sebesta can be reached at 571-272-0547. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KATHERINE J CHU/Examiner, Art Unit 3671
/CHRISTOPHER J SEBESTA/Supervisory Patent Examiner, Art Unit 3671
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