Prosecution Insights
Last updated: July 17, 2026
Application No. 18/357,742

MOBILE CRANE WITH ADJUSTABLE COUNTERWEIGHT DEVICE, COUNTERWEIGHT DEVICE AND METHOD FOR MOUNTING SUCH A DEVICE

Non-Final OA §103§112
Filed
Jul 24, 2023
Priority
Jul 26, 2022 — DE 10 2022 118 694.6
Examiner
SOTO, HENRIX
Art Unit
3654
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Liebherr-Werk Ehingen GmbH
OA Round
3 (Non-Final)
71%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 71% — above average
71%
Career Allowance Rate
108 granted / 152 resolved
+19.1% vs TC avg
Strong +31% interview lift
Without
With
+31.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
53 currently pending
Career history
194
Total Applications
across all art units

Statute-Specific Performance

§103
77.1%
+37.1% vs TC avg
§102
7.2%
-32.8% vs TC avg
§112
13.9%
-26.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 152 resolved cases

Office Action

§103 §112
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 . Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 02/06/2026 has been entered. Drawings The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, In claim 1, lines 21-23, the phrase “wherein a ballast device...is designed to lift the counterweight device from a storage area of a lower carriage and to place it on the latter”. must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. Claim Objections Claim 1 is objected to because of the following informalities: In line 21 of claim 1, “which is designed to” should read ---which the ballast device is configured to---. Appropriate correction is required. Claim Interpretation The following is a quotation of 35 U.S.C. 112(f): (f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph: An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked. As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph: (A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function; (B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and (C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function. Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function. Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function. Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. This application includes one or more claim limitations that use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “fastening means” in line 7 of claim 3, line 3 of claim 7, line 4 of claim 10, and line 8 of claim 14. “connecting means” in line 11 of claim 15. Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. Claim Rejections - 35 USC § 112 The following is a quotation of the first paragraph of 35 U.S.C. 112(a): (a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention. The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112: The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention. Claims 1-11 and 13-15 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. In claim 1, lines 22-23, the phrase “wherein the ballast device…is designed to lift the counterweight device from a storage area of a lower carriage and to place it on the latter” has no written description. The disclosed ballast device is designed to lift the counterweight device from a storage area of the undercarriage and to place the counterweight device on the storage area of the undercarriage, as described in ¶109 and 0123 and the in Figures, however a lower carriage is not disclosed. Furthermore, the disclosed support area of the undercarriage is relative and adjacent to a raised interference region, as described in ¶130 and in Figures 7-9, however an additional carriage or recessed carriage is not disclosed. For the purposes of examination, the “lower carriage” is being interpreted as the undercarriage. Claims 2-11 and 13-15 are rejected because they are dependents of claim 1. 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 1-11 and 13-15 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. Regarding claim 1, the phrase "to place it" in lines 22-23 renders the claim indefinite because it is unclear as to what limitation the term “it” is being referred too. Suggestion to change “to place it” to read ---to place the counterweight device---. Regarding claim 1, the phrase "the latter" in line 23 renders the claim indefinite because it is unclear as to what limitation the term “the latter” is being referred too. Suggestion to change “the latter” to read ---the storage area---. Regarding claims 3 and 14, in lines 1-2 of claim 3 and line 9 of claim 14 recites “a ballast device” – however in line 21 of claim 1 already set forth “a ballast device” – therefore it is unclear if the second recitation is meant to refer to the first recitation or introduce an additional ballast device. For purposes of examination, the second recitation is being interpreted as “the ballast device”. Regarding claim 14, in lines 7-8 of claim 14 recites “a fastening means” – however in line 3 of claim 7 already set forth “a fastening means” of the connection element – therefore it is unclear if the second recitation is meant to refer to the first recitation or introduce an additional fastening means. For purposes of examination, the second recitation is being interpreted as “the fastening means”. Claim 15 recites the limitation "the connecting means" in lines 10-11. There is insufficient antecedent basis for this limitation in the claim. Claims 2-11 and 13-15 are rejected because they are dependents of claim 1. The following is a quotation of 35 U.S.C. 112(d): (d) REFERENCE IN DEPENDENT FORMS. —Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers. The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph: Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers. Claims 11 and 14-15 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 11 recites the phrase “wherein the at least one connection element comprises one or more bolt receptacles”, which describes all of the same elements from the limitation in lines 24-25 of claim 1, “wherein the at least one connection element is connected…via one or more bolt receptacles”, which does not constitute a further limitation. Claims 14-15 are rejected because they are dependents of claim 11. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements. Claim Rejections - 35 USC § 103 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 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) 1-6, 8, 10, and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schroder (US9394146B2), in view of Torghele (US10124994B2), and in further view of Liebherr (DE202010002364U1). Regarding claims 1, 8, and 13, Schroder discloses a mobile crane comprising a mobile undercarriage (42; Figures 7-12); an upper carriage (48) rotatably mounted on the undercarriage (42); and a counterweight device (44) that can be coupled to the upper carriage (48), which comprises a counterweight base plate (62) and at least one connection element (66) extending substantially perpendicular to the counterweight base plate (62) and connected thereto for lifting the counterweight device (44) and coupling the counterweight device (44) to the upper carriage (48); wherein the counterweight device (44) comprises a carrier plate (46; carries hoist 10, base plate 28, and side counterweights) which can be connected above the counterweight base plate (62) to the at least one connection element (66); at least one second counterweight element (72; Figure 14) stackable on the counterweight base plate (62); wherein a ballast device (50, 58) is provided on the upper carriage (48), which is designed to lift the counterweight device (44) from a storage area (upper surface of undercarriage 42) of [a lower carriage] “undercarriage (42)” and to place it on the latter, but fails to teach wherein at least one pivot beam is mounted on the carrier plate such that it can pivot about a vertical axis; at least one first counterweight element is stacked on the at least one pivot beam; wherein the at least one pivot beam can be pivoted continuously relative to the carrier plate via a pivot drive; the at least one first counterweight element is movable by pivoting the at least one pivot beam from a first position abutting the carrier plate to a second position in which the upper carriage is rotatable relative to the counterweight device without colliding therewith when the connection to the counterweight device is released, and the at least one first counterweight element has a substantially triangular basic shape; and wherein the at least one connection element is connected to the carrier plate via one or more bolt receptacles. Torghele teaches a similar mobile crane and further teaches wherein at least one pivot beam (24; 25; Figures 1A-2B) is mounted on the carrier plate (20) such that it can pivot about a vertical axis (Abstract), at least one first counterweight element (23) is stacked on the at least one pivot beam (24; 25); wherein the at least one pivot beam (24; 25) can be pivoted continuously relative to the carrier plate (20) via a pivot drive (1, 2, 4; Figures 3A-3C); the at least one first counterweight element (23) is movable by pivoting the at least one pivot beam (24; 25) from a first position (Figure 1A) abutting the carrier plate (20) to a second position (Figure 1B) in which the upper carriage (48 of Schroder) is rotatable relative to the counterweight device (10) without colliding therewith when the connection to the counterweight device (10) is released (the pivot beams 24,25 would be positioned further away from the carrier and upper carriage assembly of Schroder to allow for rotation of the upper carriage of Schroder when the counterweight device is placed on the undercarriage), and the at least one first counterweight element (23) has a substantially triangular basic shape. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the mobile crane of Schroder to include the pivot beam as taught by Torghele in order to improve stability of the crane during tilting torque and forces. Liebherr teaches a similar mobile crane and further teaches wherein the at least one connection element (100, 153; Figure 5) is connected to the carrier plate (151) via one or more bolt receptacles (104). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the mobile crane of Schroder to include carrier plate and connection element bolt receptacles as taught by Liebherr in order to ensure that the carrier plate is fixed to the connection element to prevent slight movements that will alter the stability of the crane. Regarding claim 2, Schroder discloses wherein the at least one connection element (66) is firmly connected to the counterweight base plate (62). Regarding claims 3-4 and 10, Schroder discloses wherein a ballast device (50, 58; Figures 8-11) is provided on the upper carriage (48), which ballast device (50, 58) is arranged to lift the counterweight device (44) from the undercarriage (42) and to place it thereon, wherein the at least one connection element (66) comprises, at an end opposite the counterweight base plate (62), a coupling portion (CP; see Schroder annotated Figure 10 below) via which a coupling with the ballast device (50, 58) can be established, wherein the ballast device (50, 58) comprises a ballast frame (50) that can be connected to the upper carriage (48) via fastening means (FM); wherein the ballast device (50, 58) comprises at least one hydraulic ballast cylinder (58) which is releasably engageable with the coupling portion (CP) of the at least one connection element (66), wherein the coupling portion (CP) comprises a receptacle into which a coupling piece (CB) of the at least one hydraulic ballast cylinder (58) is retractable by rotation of the upper carriage (48) about its axis of rotation (carrier plate 46 has slotted recess so that the ballast coupling can be moved into the slot and into the receptacle of the connection element 66); wherein the carrier plate (46) comprises at least one recess (RS) through which the at least one connection element (66) projects in the connected state, wherein the end of the at least one connection element (66) projecting through the carrier plate (46) comprises a fastening means (60) via which the counterweight device (44) can be detachably connected to the upper carriage (48), wherein the at least one recess (RS) is formed such that a coupling piece (CB) of an at least one hydraulic ballast cylinder (58) of the upper carriage (48) can be positioned next to a coupling portion (CP) of the at least one connection element (66) within the at least one recess (RS) and can be retracted into a receptacle of the coupling portion (CP) by rotation of the upper carriage (48) about its vertical axis of rotation. PNG media_image1.png 302 564 media_image1.png Greyscale Schroder, Annotated Figure 10 Regarding claims 5-6, Schroder discloses at least one second counterweight element (72; Figure 14) stackable on the counterweight base plate (62) and having at least one recess (74) through which the at least one connection element (66) protrudes in the put-down state, wherein the second counterweight element (72) is arranged between the counterweight base plate (62) and the carrier plate (46) in the ballasted state; wherein the counterweight device (44) comprises at least two connection elements (66 both sides; Figure 12) spaced apart from one another and arranged at the same distance from the center of gravity of the counterweight base plate (62). Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schroder, in view of Torghele, in view of Liebherr, and in further view of Zhang (CN105347209A). Regarding claim 7, modified Schroder discloses the above mobile crane, but fails to teach wherein the at least one connection element comprises: - a fastening means via which the counterweight device can be releasably connected to the upper carriage in a mounting position, wherein the fastening means comprises a bolt receptacle for producing a bolt connection to the upper carriage. Zhang teaches a similar mobile crane and further teaches wherein the at least one connection element (3; Figures 3, 4, and 7) comprises: - a fastening means (6, 7, 8) via which the counterweight device (2, 3, 6) can be releasably connected to the upper carriage (14) in a mounting position, wherein the fastening means (6, 7, 8) comprises a bolt receptacle (8) for producing a bolt connection to the upper carriage (14). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the connection element of Schroder to include the connection element fastening means as taught by Zhang in order to secure the counterweight device to the upper carriage to prevent accidental release of the ballast device with the connection element due to vibrations and rotational movement of the upper carriage. Claim(s) 9, 11, and 14-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schroder, in view of Torghele, in view of Liebherr, in view of Zhang, and in further view of Stowasser (DE10019863A1). Regarding claim 9, modified Schroder discloses the above mobile crane, but fails to teach wherein the at least one connection element comprises a support surface on which the carrier plate can be placed in such a way that the weight force of the put-down carrier plate is introduced only into the at least one connection element and not into the counterweight base plate or a second counterweight element placed thereon. Stowasser teaches a similar mobile crane and further teaches wherein the at least one connection element (8; 8’; Figure 11) comprises a support surface (12; 12”) on which the carrier plate (D) can be placed in such a way that the weight force of the put-down carrier plate (D) is introduced only into the at least one connection element (8; 8’) and not into the counterweight base plate (A) or a second counterweight element (C; Figure 12) placed thereon. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the mobile crane of Schroder to include the connection element support surface for the carrier plate as taught by Stowasser in order to remove as much force load away from the base plate to reduce warping or damage to the base plate. Regarding claim 11, modified Schroder discloses the above mobile crane, but fails to teach wherein the at least one connection element comprises one or more bolt receptacles. Liebherr teaches a similar mobile crane and further teaches wherein the at least one connection element (100, 153) comprises one or more bolt receptacles (104). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the mobile crane of Schroder to include carrier plate and connection element bolt receptacles as taught by Liebherr in order to ensure that the carrier plate is fixed to the connection element to prevent slight movements that will alter the stability of the crane. Regarding claims 14-15, modified Schroder discloses a method for mounting the counterweight device (44) on the upper carriage (48) of the mobile crane, comprising the following steps: -placing the counterweight base plate (62) on the undercarriage (42), including by means of a boom (48, 50) attached to the upper carriage (48) of the mobile crane, -connecting the carrier plate (46) to the at least one connection element (66), -lifting the counterweight device (44) via the at least one connection element (66), -producing a connection between the at least one connection element (66), including a fastening means (60) of the at least one connection element (66) projecting through the carrier plate (46), and the upper carriage (48), including a ballast device (50, 58) of the upper carriage (48); wherein a step of connecting the carrier plate (46) to the at least one connection element (66) comprises the following steps: -bringing the carrier plate (46) to the at least one connection element (66), including by means of the boom (48, 50) of the mobile crane, -inserting the at least one connection element (66) into a corresponding recess (RS) of the carrier plate (46), -placing the carrier plate (46) on the support surface (12, 12” of Stowasser) of the at least one connection element (66; 8, 8’ of Stowasser) that the carrier plate (46; D of Stowasser) rests completely thereon, -connecting the carrier plate (46; 151 of Liebherr) to the at least one connection element (66; 100,153 of Liebherr) via the connecting means (bolt connection 104 of Liebherr). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the mobile crane of Schroder to include the connection element support surface as taught by Stowasser in order to remove as much force load away from the base plate to reduce warping or damage to the base plate; and to include the carrier plate and connection element connecting means as taught by Liebherr in order to ensure that the carrier plate is fixed to the connection element to prevent slight movements that will alter the stability of the crane. PNG media_image2.png 142 402 media_image2.png Greyscale Schroder, Annotated Figure 10 Response to Arguments Applicant's arguments filed 02/06/2026 with respect to claim 1 have been fully considered but they are not persuasive. Regarding claim 1, in the last six lines of page 7 and in pages 8-12, the applicant argued that the disclosure of Schroder, Torghele, Zhang, and Stowasser fail to teach wherein a ballast device is provided on the upper carriage, which is designed to lift the counterweight device from a storage area of a lower carriage and to place it on the latter; and wherein the at least one connection element is connected to the carrier plate via one or more bolt receptacles. The examiner construed that there is no written disclosure for “wherein the ballast device…is designed to lift the counterweight device from a storage area of a lower carriage and to place it on the latter”. The disclosed ballast device is designed to lift the counterweight device from a storage area of the undercarriage and to place the counterweight device on the storage area of the undercarriage, as described in ¶109 and 0123 and in the Figures, however a lower carriage is not disclosed. Furthermore, the disclosed support area of the undercarriage is relative and adjacent to a raised interference region, as described in ¶130 and in Figures 7-9, however an additional carriage or recessed carriage is not disclosed. Therefore, the “lower carriage” is being interpreted as the undercarriage. The examiner further construed that the disclosure of Schroder teaches a ballast device is provided on the upper carriage, which is designed to lift the counterweight device from a storage area of the [lower carriage] undercarriage and to place it on the latter. The examiner agrees that the disclosure of Schroder, Torghele, Zhang, and Stowasser fail to teach wherein the at least one connection element is connected to the carrier plate via one or more bolt receptacles. However, the examiner construed that the disclosure of Liebherr teaches wherein the at least one connection element is connected to the carrier plate via one or more bolt receptacles, as described above. Thus, contradicting to applicant’s assertions, such amendment does not overcome the prior art. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Additional references listed on form PTO-892 are cited for their relevance to the disclosed invention and demonstration of the state of the art. Any inquiry concerning this communication or earlier communications from the examiner should be directed to HENRIX SOTO whose telephone number is (571)270-5394. The examiner can normally be reached Monday - Friday 8am - 5pm ET. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, VICTORIA AUGUSTINE can be reached at (313)446-4858. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /H.S./ Examiner, Art Unit 3654 /Victoria P Augustine/ Supervisory Patent Examiner, Art Unit 3654
Read full office action

Prosecution Timeline

Jul 24, 2023
Application Filed
Jun 23, 2025
Non-Final Rejection mailed — §103, §112
Sep 23, 2025
Response Filed
Nov 06, 2025
Final Rejection mailed — §103, §112
Feb 06, 2026
Request for Continued Examination
Feb 19, 2026
Response after Non-Final Action
Apr 08, 2026
Non-Final Rejection (signed) — §103, §112
Jun 26, 2026
Non-Final Rejection mailed — §103, §112 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

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Prosecution Projections

3-4
Expected OA Rounds
71%
Grant Probability
99%
With Interview (+31.1%)
2y 7m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 152 resolved cases by this examiner. Grant probability derived from career allowance rate.

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