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
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.
Claim(s) 1-3, 6, 14 and 19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wemlinger US 5326336.
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For the purposes of advancing prosecution, no weight was given to the recited structure of the diving board (i.e. stand, fulcrum assembly, a rear anchor, and an alignment rod) as recited in the preamble of the claim as the claimed invention is the board lifter itself and not the diving board assembly (system claim). Thus, if the recited prior art discloses and/or teaches a board lifter capable of lifting a diving board, with the claimed board lifter structure, the claim limitations would be met based on broadest reasonable interpretation.
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In the instant case, Wemlinger discloses a board lifter (10) configured for selectively lifting a diving board (20) to a raised position and lowering the diving board to a dive position, the diving board (20) supported on a stand comprising a fulcrum assembly (22), a rear anchor (18), and an alignment rod (42) positioned on the rear anchor (18), the board lifter comprising: a base (82); a board support member (36, 68, 70) movable relative to the base between a lowered position and a raised position (see Figs. 1-3); and a lift (38) operatively connecting the board support member to the base, the lift being selectively adjustable between a lowered configuration (see Fig. 1) in which the lift is configured to position the board support member at the lowered position and a raised configuration (see Fig. 3) in which the lift is configured to position the board support member at the raised position; wherein the base (82) is capable of being configured to mount the board lifter between the fulcrum assembly (22) and the rear anchor (18) along an alignment rod such that: in the lowered position, the board member allows the diving board to be lowered to the dive position; and in the raised position, the board support member supports the diving board at the raised position (see Figs. 1-3).
As for claim 2, Wemlinger discloses wherein the base (82) is capable of straddling an alignment rod (42).
As for claim 3, Wemlinger discloses wherein the base (82) is capable of being mounted directly on an alignment rod (42).
As for claim 6, Wemlinger discloses wherein the lift is configured to be manually adjusted between the lowered configuration and the raised configuration (user remote activation mechanism, col. 5, lines 28-38).
As for claim 14, Wemlinger discloses wherein the board support member comprises a roller (70) configured to roll along a bottom surface of the diving board as the lift adjusts between the lowered configuration and the raised configuration.
As for claim 19, Wemlinger discloses a board lifter (10) configured for selectively lifting a diving board (20) to a raised position and lowering the diving board to a dive position, the board lifter comprising: a base (82); a board support member (36, 68, 70) movable relative to the base between a lowered position and a raised position (see Figs. 1-3); and a lift (38, 76) operatively connecting the board support member to the base, the lift being selectively adjustable between a lowered configuration (see Fig. 1) in which the lift is configured to position the board support member at a lowered position and a raised configuration (see Fig. 3) in which the lift is configured to position the board support member at the raised position; and an extension shaft (78) connecting the board support member (36, 68, 70) to the lift (38, 76), the extension shaft being movable in relation to the lift between an extended position and a retracted position, wherein when the lift is in the lowered configuration (see Fig. 1), the extension shaft is configured in the retracted position to position the board support member at a stowed position in which the board support member is spaced apart below the diving board (Fig. 1) and the extension shaft is configured in the extended position to position the board support member at the lowered position in contact with the diving board.
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) 1-4, 6, 14, 16 and 19-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Walsh et al. WO 2019/071173 in view of Wemlinger US 5326336.
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Walsh discloses a diving board (B) supported on a stand (10) comprising a fulcrum assembly (12, 14, 16, 18, 24, 26; 112, 114, 116, 119, 124, 126), a rear anchor (20; 120), and an alignment rod (22; 122) having a first end portion fastened to the fulcrum assembly and an opposite second end portion fastened to the rear anchor (see Figs. 1 and 19 above).
However, Walsh does not specify a board lifter configured for selectively lifting a diving board to a raised position and lowering the diving board to a dive position. However, the use of a board lifter for lifting and lowering a board in a raised in lowered configuration is known in the art as evidence by Wemlinger. Wemlinger teaches a board lifter (10) configured for selectively lifting a diving board (20) to a raised position and lowering the diving board to a dive position, the diving board (20) supported on a stand comprising a fulcrum assembly (22), a rear anchor (18), and a support rod (42) positioned on the rear anchor (18), the board lifter comprising: a base (82); a board support member (36, 68, 70) movable relative to the base between a lowered position and a raised position (see Figs. 1-3); and a lift (38) operatively connecting the board support member to the base, the lift being selectively adjustable between a lowered configuration (see Fig. 1) in which the lift is configured to position the board support member at the lowered position and a raised configuration (see Fig. 3) in which the lift is configured to position the board support member at the raised position; wherein the base (82) is capable of being configured to mount the board lifter between the fulcrum assembly (22) and the rear anchor (18) along the support rod (42) such that: in the lowered position, the board member allows the diving board to be lowered to the dive position; and in the raised position, the board support member supports the diving board at the raised position (see Figs. 1-3).
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It would have been obvious to one of ordinary skill in the art, before the effective filing date, to modify the diving board assembly of Walsh to include a board lifter mounted on an alignment rod as taught by Wemlinger in order to provide a means to raise and/or lower the diving board for stowing the diving board while not in use or to provide space for additional swimming activities in the pool that do not require a diving board (i.e. races, Wemlinger, col. 1, lines 27-68 and col. 2, lines 1-31).
As for claim 2, the modified Walsh teaches wherein the base (Wemlinger, 82) is capable of being configured to straddle (welded onto, col. 5, lines 10-12) the alignment rod (Walsh, 122; Wemlinger, 42).
As for claim 3, the modified Walsh teaches wherein the base (Wemlinger, 82) is configured to mount directly on (welded onto, col. 5, lines 10-12) the alignment rod (Walsh, 122; Wemlinger, 42).
As for claim 4, the modified Walsh teaches wherein the stand (10) is supported on a substrate (ground) and wherein the base (Wemlinger, 82) is configured to mount directly on the alignment rod (Walsh, 122; Wemlinger, 42) such that the entire board lifter is spaced apart above the substrate (Wemlinger, see Fig. 2, base bracket 82 is mounted on top of the support rod 42 spaced away from the ground).
As for claim 6, the modified Walsh teaches wherein the lift is configured to be manually adjusted between the lowered configuration and the raised configuration (Wemlinger, user remote activation mechanism, col. 5, lines 28-38).
As for claim 14, the modified Walsh teaches wherein the board support member comprises a roller (Wemlinger, 70) configured to roll along a bottom surface of the diving board as the lift adjusts between the lowered configuration and the raised configuration.
As for claim 16, the modified Walsh teaches a diving board assembly comprising: a diving board stand (10) comprising a fulcrum assembly (112, 114, 116, 119, 124, 126), a rear anchor (120), and an alignment rod (122) having a first end portion fastened to the fulcrum assembly and an opposite second end portion fastened to the rear anchor; a diving board (B) movable in relation to the stand between a raised position and a dive position, as taught by Wemlinger (Figs. 1-3); and the board lifter of claim 1 wherein the board lifter is configured to adjust the diving board between the raised position and the dive position by adjusting the lift between the raised configuration and the lowered configuration (Wemlinger, Figs. 1-3).
As for claim 19, the modified Walsh teaches a board lifter (as taught by Wemlinger, 10) configured for selectively lifting a diving board to a raised position and lowering the diving board to a dive position (Wemlinger, Figs. 1-3), the board lifter comprising: a base (Wemlinger, 82); a board support member (Wemlinger, 36) movable relative to the base between a lowered position and a raised position; a lift (Wemlinger, 38) operatively connecting the board support member to the base, the lift being selectively adjustable between a lowered configuration in which the lift is configured to position the board support member at a lowered position and a raised configuration in which the lift is configured to position the board support member at the raised position; and an extension shaft (Wemlinger, 78) connecting the board support member (36) to the lift, the extension shaft being movable in relation to the lift between an extended position and a retracted position, wherein when the lift is in the lowered configuration, the extension shaft is configured in the retracted position to position the board support member at a stowed position in which the board support member is spaced apart below the diving board and the extension shaft is configured in the extended position to position the board support member at the lowered position in contact with the diving board (Wemlinger, Figs. 1-3).
As for claim 20, the modified Walsh teaches a diving board assembly (10; 100) comprising: a diving board stand including a fulcrum roller assembly (12, 14, 16, 18, 24, 26; 112, 114, 116, 119, 124, 126) comprising a fulcrum roller (14; 114) roll ably adjustable in a lengthwise range of motion and a rear hinge (20; 120); a diving board (B) supported on the stand, the diving board comprising a main body including a front end portion and a rear end portion opposite the front end portion (see Fig. 2), the rear end portion of the main body being fastened to the rear hinge such that the diving board is rotatable about the rear hinge between a dive position at which the diving board is supported on the fulcrum roller and a raised position at which the diving board is spaced apart from the fulcrum roller (¶0035-36), the diving board further comprising a traction material (¶0035, Rubber strips R; Fig. 18) along a section of the diving board between the front end portion and the rear end portion, the traction material configured so that the fulcrum roller rolls along the traction material along an entire extent of the range of motion when the diving board is in the dive position (¶0035); and a board lifter (as taught by Wemlinger, 10) comprising a base (Wemlinger, 82), a board support member (Wemlinger, 36), and lift (Wemlinger, 38) configured for moving the board support member in relation to the base to lift the diving board from the dive position to the raised position, wherein the lift presses the board support member against the traction material to lift the diving board from the dive position to the raised position (Wemlinger, col. 2, lines 51-58).
As for claim 21, the modified Walsh teaches wherein the board support member (Wemlinger, 36) is adjustable in relation to the lift between a stowed position (Wemlinger, Fig. 1) and an operational position (Wemlinger, Fig. 3), the board support member being spaced apart below the diving board in the stowed position (see Wemlinger, Fig. 1) such that there is a gap between the board support member and the diving board, the board support member contacting the traction material in the operational position (see Wemlinger, Fig. 3; Walsh, Fig. 18 and ¶0035).
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Walsh et al. WO 2019/071173 in view of Wemlinger US 5326336 as applied to claim 3 above, and further in view of Baker US 3030108.
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As for claim 5, the modified Walsh teaches all the limitations as recited above and further wherein the base is welded onto the alignment rod (Wemlinger, col. 5, lines 10-12). The modified Walsh does not teach wherein the base comprises at least one clamping assembly comprising: a saddle member configured to be positioned generally above and straddle of the alignment rod; and a bottom piece configured to be selectively fastened to the saddle member to clamp the alignment rod between the saddle member and the bottom piece.
However, the use of saddle clamps for positioning and clamping an object to a rod is well known art as evidence by Baker who teaches a saddle clamp brackets (24, 25) for attaching a pivot bar (15) for anchoring on bars (13 and 14) wherein the clamping assembly brackets (24, 25) comprises saddle members (24a, 25a) configured to be positioned generally above and straddle a rod (13, 14); and a bottom pieces (24b, 25b) configured to be selectively fastened (via bolts 31, 32) to the saddle member to clamp the rod (13, 14) between the saddle member (24a, 25a) and the bottom piece (24b, 25b). It would have been obvious to one of ordinary skill in the art, before the effective filing date, to modify the welded attachment of the base bracket of the board lifter as taught by the modified Walsh to a saddle clamp attachment as taught by Baker as an alternative means of attaching the base of the board lifter to the alignment rod.
Allowable Subject Matter
Claim(s) 17-18 is/are allowed.
Claim(s) 7-13 and 15 is/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: The claims in the application are deemed to be directed to a nonobvious improvement over the prior art. The claims recite limitations to the lift comprising a lead screw mechanism for adjusting the lift between a lowered configuration and a raised configuration and a locking pin for selectively locking a portion of the lift in place with respect to the base (claim 17); and a lift comprising a lead screw mechanism, a carriage threadably connected to the lead screw such that rotation of the lead screw causes the carriage to move along the lead screw relative to the base in a range of motion that includes a lowering position and a raising position, a pivot shaft connected to the base for rotation with respect to the base, a pivot arm being pivotally connected to the carriage for rotation with respect to the carriage and being pivotably connected to the pivot shaft and spaced apart such that the base, the carriage, the pivot arm, and the pivot shaft form a linkage configured to pivot the pivot shaft about a shaft tilt axis as the carriage moves along the lead screw and wherein the linkage is configured to pivot the pivot shaft to a raising position when the carriage is moved to a raising position and moved to a lowering position when the carriage is moved to a lowered position.
The prior art of Walsh and Wemlinger fails to disclose, teach or suggest alone or in combination the claimed subject matter as claimed and thus the claims overcome the prior art of record.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TYRONE V HALL JR whose telephone number is (571)270-5948. The examiner can normally be reached Mon.-Fri. 7:30am-3:30pm.
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/TYRONE V HALL JR/Primary Examiner, Art Unit 3723