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 .
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, the following must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Wherein the compressible material comprises at least one sheet of the compressible material which is wrapped or rolled to form the cylindrical shape. (claim 6)
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 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.
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 8 and 10-15 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.
In claims 8 and 10-12, the limitation “about” is vague and indefinite. Is .9 pounds / cubic foot “about” 1 pound per cubic foot? What range is allowed due to the wording “about”? What structure is being claimed?
In claim 13, lines 1-2, the limitation “the elongated fastener a box tubing” is vague and indefinite. Does the elongated fastener comprise a box tubing? Is there a word missing here (presumably so)? What structure is being claimed?
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) 1-19 are rejected under 35 U.S.C. 103 as being unpatentable over Lindley et al., US Patent 10,364,135 in view of Corretti, US Patent 3,792,890.
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Regarding claim 1, Lindley et al. discloses a cushioning bumper assembly (1) for a forklift (100) having at least one shank (110) and at least one fork (102,104), the cushioning bumper assembly (1) comprising: at least a first cushioning bumper member (10) comprised of: a volume of compressible material (see column 2, lines 65-68), an elongated fastener (12), and wherein the elongated fastener (12) is adapted to be attached at a position forward of the shank (110) of the forklift (100). Lindley et al. does not specify that the bumper is cylindrical shaped or that it is wrapped with a belting material.
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Corretti teaches a similar bumper assembly (see fig 1-3) wherein the bumper (27) is formed substantially in the shape of a cylinder (see fig 1 and 3), a sheet of belting material (23,25) wrapped around the cylinder of compressible material (within 27), an elongated fastener (41,43,45) for securely fastening the belting material (23,25) wrapped around the cylinder of compressive material (as described above). (claim 1)
wherein a plurality of holes (corresponding to 61,63,55,57 – see fig 3) are provided in the elongated fastener (41,43,45) and a corresponding plurality of holes (see fig 3) are provided on opposed edges of the belting material (23,25), and a plurality of fastening members (47,49) are inserted through the holes (as described above) of the elongated fastener (as described above) and the belting material (23,25) to secure the cylinder (as described above) and the belting material (as described above) to the elongated fastener (as described above). (claim 2)
wherein the compressible material (as described above) comprises at least one sheet of the compressible material which is wrapped or rolled to form the cylindrical shape (see column 3, lines 9-10). (claim 6)
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the cylindrical shaped or that it is wrapped with a belting material as described by Corretti to the system disclosed by Lindley et al. in order to simplify the bumper assembly and reduce costs associated with bumper replacement.
Regarding claim 3, Lindley et al. in view of Corretti discloses the cushioning bumper assembly (1) of claim 1, further comprising a second cushioning bumper member (see 10 on left and right in fig 1), and the first cushioning bumper member (10 on left in fig 1) and the second cushioning bumper (10 on right in fig 1) member are positioned at different lateral positions (see fig 1) of the shank (110) of the forklift (100).
Regarding claims 4-5 and 18, Lindley et al. in view of Corretti discloses the cushioning bumper assembly of claims 1 and 16, wherein the bumper (10) comprises a rubber but does not specify that comprises one of the specified closed cell foams. It would have been obvious to one having ordinary skill in the art at the time the invention was made to employ one of the specified close cell foams, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended us as a matter of obvious design choice. In re Leshin, 125 USPQ 416. One having ordinary skill in the art at the time of the effective filing date of the invention would be motivated to employ one of the specified close cell foams in order to improve the durability and optimize the impact absorption of the bumper.
Regarding claims 7, Lindley et al. in view of Corretti discloses the cushioning bumper assembly of claim 6. The limitation “wherein adjacent surfaces of the wrapped or rolled sheet are adhered to each other by at least one of an adhesive or by heat pressing” is a product by process limitation. “[E]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process.” In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985).
Regarding claims 8, Lindley et al. in view of Corretti discloses the cushioning bumper assembly of claim 1 but does not specify the density of the compressible material. It would have been obvious to one having ordinary skill in the art at the time of the effective filing date to employ the specified density since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. One having ordinary skill in the art at the time of the effective filing date of the invention would be motivated employ the specified density in order to optimize the impact properties of the bumper for specific lifting operations.
Regarding claims 9, Lindley et al. in view of Corretti discloses the cushioning bumper assembly of claim 1, wherein the first cushioning bumper member (as described above) is position a predetermined distance (see fig 1) above a fork (102,104) of the forklift (100).
Regarding claims 10, Lindley et al. in view of Corretti discloses the cushioning bumper assembly of claim 9 but does not specify that the predetermined distance is between about 6 inches and 3 feet. It would have been obvious to one having ordinary skill in the art at the time of the effective filing date of the invention to located the bumper in the specified manner since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. One having ordinary skill in the art would be motivated to located the bumper in the specified manner in order to optimize the location for a specific application such as vehicles or pallets.
Regarding claims 11-12, Lindley et al. in view of Corretti discloses the cushioning bumper assembly of claim 1, wherein the first cushioning bumper member (as described above) is disposed generally parallel with the shank (110) of the forklift (100), but does not specify that it extends between about 6 inches and 3 feet forward of the shank of the forklift or that the diameter of the cylinder is between about 6 inches and 24 inches. It would have been an obvious matter of design choice to employ the specified sized bumper since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA). One having ordinary skill in the art at the time of the effective filing date of the invention would be motivated to employ the specified sized bumper in order to optimize the impact resistance for a specific application.
Regarding claims 13, Lindley et al. in view of Corretti discloses the cushioning bumper assembly of claim 1, wherein the elongated fastener (12) a box tubing (see box shape of 12).
Regarding claims 14, Lindley et al. in view of Corretti discloses the cushioning bumper assembly of claim 13 wherein the box tubing (as described above) is secured in a channel (channel accepting 30 - see fig 2) attached to the shank (110).
Regarding claims 15, Lindley et al. in view of Corretti discloses the cushioning bumper assembly of claim 13 wherein the position of the box tubing (as described above) is adjustable (may move vertically along 30) within the channel (as described above) in order to adjust the height of the cushioning bumper assembly (10) with respect of the fork (as described above) of the forklift (100).
Regarding claims 16, Lindley et al. discloses a cushioning bumper assembly (1) for a forklift (100) having at least two shanks (110) and at least two forks (102,104), the cushioning bumper assembly (1) comprising: at least a first cushioning bumper unit (110 on left in fig 1) and a second cushioning bumper unit (110 on right in fig 1), each of the first cushioning bumper unit (as described above) and the second cushioning bumper unit (as described above) comprising: at least a first and second box tubing (see box shape of 12 on left and right), and at least a first and a second channel (channel in 12 accepting 30) attached to the shank (as described above) of the forklift (100), the first and second channel securing (as described above) the first and second box tubing (as described above), thereby positioning the first and second cushioning bumper (10) units forward of shank (as described above) and at a predetermined height (see fig 1). Lindley et al. does not specify that the bumper is cylindrical shaped or that it is wrapped with a belting material. Corretti teaches a similar bumper assembly (see fig 1-3) wherein the bumper (27) is formed substantially in the shape of a cylinder (see fig 1 and 3), a sheet of belting material (23,25) wrapped around the cylinder of compressible material (within 27), an elongated fastener (41,43,45) for securely fastening the belting material (23,25) wrapped around the cylinder of compressive material (as described above), wherein a plurality of holes (corresponding to 61,63,55,57 – see fig 3) are provided in the elongated fastener (41,43,45) and a corresponding plurality of holes (see fig 3) are provided on opposed edges of the belting material (23,25), and a plurality of fastening members (47,49) are inserted through the holes (as described above) of the elongated fastener (as described above) and the belting material (23,25) to secure the cylinder (as described above) and the belting material (as described above) to the elongated fastener (as described above). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the cylindrical shaped or that it is wrapped with a belting material as described by Corretti to the system disclosed by Lindley et al. in order to simplify the bumper assembly and reduce costs associated with bumper replacement.
Regarding claims 17, Lindley et al. in view of Corretti discloses the cushioning bumper assembly of claim 16 wherein the position of the first and second box tubing (12) may be adjusted (by sliding 12 vertically along 30) within the first and second channel (as described above) to adjust the predetermined height of the first and second cushioning bumper (10) assembly.
Regarding claims 19, Lindley et al. in view of Corretti discloses the cushioning bumper assembly of claim 16 wherein the compressible material comprises at least one sheet which is wrapped or rolled to form the cylinder (see column 3, lines 9-10 - Corretti).
Allowable Subject Matter
Claim 20 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:
Claim 20 is patentable over the prior art of record because the teachings of the references taken as a whole do not show or render obvious the combination set forth in claim 20, including every structural element recited in the claims, especially, the configuration comprising at least a first and second elongated strip with holes complementary to the holes in the first and second cushioning bumper units and the holes in the first and second box tubing, the first and second elongated strip secured in alignment, via the plurality of bolts, with the first and second cushioning bumper units and the first and second box tubing.
None of the references of the prior art teach or suggest the elements of the lift system as advanced above and such do not provide the necessary motivation, absent applicant's specification, for modifying the system in the manner required by the claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL A RIEGELMAN whose telephone number is (571)270-7956. The examiner can normally be reached 8-6 EST Monday - Friday.
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MICHAEL A. RIEGELMAN
Primary Examiner
Art Unit 3654
/MICHAEL A RIEGELMAN/Primary Examiner, Art Unit 3654