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.
(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 1-3, 5-13, 15-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US 3599801 (hereinafter “Roll”).
Regarding claim 1, Roll discloses a station that has an object mover apparatus (Fig. 1, 10) comprising a pedestal portion (Fig. 1, 15), a movable boom apparatus (Fig. 1, 57), and an operator extension (Fig. 1, 55), the pedestal portion extending in a pedestal plane and being anchored to at least one support surface (Fig. 1, 11), the movable boom apparatus extending away from the pedestal plane on a first side thereof and comprising a pedestal interface (Fig. 2, 45) and object mover arrangement (Fig. 1, 60), the pedestal interface being adjacent the pedestal plane and the object mover arrangement being positioned in spaced relation relative to the pedestal plane, the pedestal interface being anchored to the pedestal portion (Fig. 1, 52); and
an operator station (Abstract), the operator extension extending into the operator station in spaced relation relative to the object mover apparatus and supporting a control station (Fig. 1, 67) for controlling the movable boom apparatus and object mover arrangement, the object mover arrangement being operably configured to selectively move at least one object at the first side within an object movement space via the control station, the movable boom apparatus being pivotal about at least one horizontal pivot axis (Col. 2, lines 54-57) and at least one vertical pivot axis (Col. 3, lines 46-48) for vertically and horizontally moving within the object movement space on the first side of the pedestal plane via the control station (Col. 2, lines 62-64), the user, via the control station at the operator station, thereby being enabled to move machine-movable objects within the object movement space.
Regarding claim 2, Roll further discloses that the object mover arrangement is characterized by a pincher mechanism (Fig. 1, 60 and Col. 2, lines 59-61), the pincher mechanism being configured to selectively pinch and release at least one object at the first side within the object movement space.
Regarding claim 3, Roll further discloses that the pincher mechanism (Fig. 1, 60) is operably configured to pinch and release the at least one object via a pincher hydraulic mechanism (Col. 2, lines 59-61).
Regarding claim 5, Roll further discloses that the pedestal portion comprises an upright member (Figs. 1 and 2, 46), the pedestal interface (Fig. 2, 45) comprising a lower attachment point and an upper attachment point, the lower and upper attachment points (Fig. 2, 40 and 52) being attached to the upright member.
Regarding claim 6, Roll further discloses that the pedestal portion comprises a pair of laterally opposed stabilizer legs (Fig. 1, 24 and Col 2., lines 23-26) at the pedestal plane. While the legs are not directly attached to the upright member (Figs. 1 and 2, 46) of Roll, under broadest reasonable interpretation, the legs do project downward in relation to/away from the position of the upright member to a ground support surface. Thus, Roll reads on the claim limitation, as no structural connection is being claimed.
Regarding claim 7, Roll further discloses that the pair of laterally opposed stabilizer legs extend obliquely (Fig. 1, 24) relative to the upright member.
Regarding claim 8, Roll further discloses that the pair of laterally opposed stabilizer legs are each configured to pivot about a leg pivot axis of rotation (Col. 2, 26-29) for supporting the pedestal portion on opposite sides of the upright member at the ground support surface.
Regarding claim 9, Roll further discloses that the upright member (Fig. 1, 46) is anchored to a raised pedestal support structure (Fig. 1, 11 – upright member is anchored through attachment with the pedestal portion attached to truck), the raised pedestal support structure extending upwardly from the ground support surface intermediate the stabilizer legs in spaced relation thereto.
Regarding claim 10, Roll further discloses that the upright member is configured to pivot about a vertical pivot axis (Col. 2, lines 35-40) by way of a rotary actuator hydraulic mechanism supported by the raised pedestal support structure and controlled by the control station (Col. 2, lines 62-64).
Regarding claim 11, Roll discloses a station that has an object mover apparatus (Fig. 1, 10) comprising a pedestal portion (Fig. 1, 15), a movable boom apparatus (Fig. 1, 57), and an operator extension (Fig. 1, 55), the pedestal portion being anchored to at least one support surface (Fig. 1, 11), the movable boom apparatus extending away from the pedestal portion in spaced relation relative to the operator extension and comprising an object mover arrangement (Fig. 1, 60) at a distal end thereof; and
an operator station (Abstract), the operator extension extending into the operator station and supporting a control station (Fig. 1, 67) for controlling the movable boom apparatus and object mover arrangement, the object mover arrangement being operably configured to selectively move at least one object, the movable boom apparatus being movable in at least one of a horizontal and vertical direction (Col. 2, lines 54-57 and Col. 3, lines 46-48) within an object movement space via the control station, the user, via the control station at the operator station (Col. 2, lines 62-64), thereby being enabled to move machine-movable objects within the object movement space.
Regarding claim 12, Roll further discloses that the object mover arrangement is characterized by a pincher mechanism (Fig. 1, 60 and Col. 2, lines 59-61), the pincher mechanism being configured to selectively pinch and release at least one object at the first side within the object movement space.
Regarding claim 13, Roll further discloses that the pincher mechanism (Fig. 1, 60) is operably configured to pinch and release the at least one object via a pincher hydraulic mechanism (Col. 2, lines 59-61).
Regarding claim 15, Roll further discloses that the pedestal portion comprises at least two stabilizer legs (Fig. 1, 24 and Col 2., lines 23-26), the at least two stabilizer legs extending downwardly from the pedestal portion to a ground support surface.
Regarding claim 16, Roll further discloses that the stabilizer legs (Fig. 1, 24) extend obliquely relative to the pedestal portion.
Regarding claim 17, Roll further discloses that the stabilizer legs (Fig. 1, 24) are each configured to pivot about a leg pivot axis of rotation (Col. 2, 26-29) for supporting the pedestal portion on opposite sides of the pedestal portion at the ground support surface.
Regarding claim 18, Roll further discloses that the pedestal portion (Fig. 1, 15) is anchored to a raised pedestal support structure (Fig. 1, 11), the raised pedestal support structure extending upwardly from the ground support surface intermediate the stabilizer legs in spaced relation thereto.
Regarding claim 19, Roll further discloses that the upright member (Fig. 1, 46) of the pedestal portion is configured to pivot about a vertical pivot axis (Col. 2, lines 35-40) as supported by the raised pedestal support structure and controlled by the control station (Col. 2, lines 62-64).
Regarding claim 20, Roll further discloses that the upright member (Fig. 1, 46) is configured to pivot about the vertical pivot axis by way of a rotary actuator hydraulic mechanism (Col. 2, lines 62-64).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 4 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over US 3599801 (hereinafter “Roll”) in view of US 20050017528 (hereinafter “Ekman”).
Regarding claims 4 and 14, Roll discloses all the limitations of claims 3 and 13 respectively, including a pincher mechanism (Fig. 1, 60). Roll is silent regarding it being rotatable about a pincher axis of rotation as enabled by a rotary actuator hydraulic mechanism. However, Ekman, in the analogous art of cranes, discloses a crane arm with a rotator (Fig. 1, 4) for manipulating a distal end of a crane about an axis (Fig. 1, A) that uses hydraulic lines (Abstract). Thus, it would be obvious to a person having ordinary skill in the art at the time of filing to introduce a rotatable component to the pincher mechanism to enable more maneuverability for picking up objects.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAMANTHA M BERRY whose telephone number is (571)272-0925. The examiner can normally be reached M-F: 8-5.
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/S.M.B./Examiner, Art Unit 3711 /EUGENE L KIM/Supervisory Patent Examiner, Art Unit 3711