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 Objections
Claim 1 is objected to because of the following informalities: “a first and second bucking station support” in line 3 and “a respective fork of a vehicle” in line 6 should be corrected as --[[a]] first and second bucking station supports-- and --a respective fork of [[a]]the vehicle-- respectively. Appropriate correction is required.
Claim 11 is objected to because of the following informalities: “a vehicle having a pair of spaced apart forks, and the buckingstation apparatus” should be corrected as --[[a]]the vehicle having [[a]]the pair of spaced apart forks, and the [[buckingstation]]bucking station apparatus--. Appropriate correction is required.
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 6-7 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.
Claim 6:
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 6 recites the broad recitation “at least one gusset plate secured to the lower longitudinally extending base bar to reinforce the respective upright”, and the claim also recites “preferably the gusset plates are not located within the space between the front upright and the back upright” which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims. For examination purposes, the feature introduced by such narrower language is merely exemplary of the remainder of the claim, and therefore not required.
Claim 7:
Claim 7 recites
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 7 recites the broad recitation “a pin is removably installed through the holes to secure the upright to the base bar”, and the claim also recites “preferably the pins are not located within the space between the front upright and back upright” which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims. For examination purposes, the feature introduced by such narrower language is merely exemplary of the remainder of the claim, and therefore not required.
Allowable Subject Matter
Claims 1 and 11 have minor claim objections (as aforementioned) but are allowable.
Claims 2-5 and 8-10 are dependent upon claim 1.
Claims 6-7 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include 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 subject matter of the independent claim(s) could either not be found or was not suggested in the prior art of record. The subject matter of independent claim 1 not found was a use of two of bucking station supports, each bucking station support including two uprights (front and back uprights) secured at generally a right angle to the lower longitudinally extending base bar, for cutting operation from the vehicle; in combination with the limitations set forth in claim 1 of the instant invention.
None of the prior arts of record considered as a whole, alone or in combination, teaches or renders obvious the allowable subject matter of the instant invention.
The closest prior art, Hardin (6,070,926) teaches a similar apparatus (fig2) for attachment to a vehicle , the apparatus comprising: a support (fig2) includes a lower longitudinally extending base bar 12 (col.3 lines57-59) having a pocket or opening (an opening at an end 22, figs1-2, col.3 lines64-66, “square profile metal tubing”) for receiving a part of the vehicle, a device 18 (col.3 lines61-63, ones that engages an element 20, figs1-2) for securing the support to the vehicle, the lower longitudinally extending base bar 12 includes a front end (an end opposite to the end 22, figs1-2) and a back end 22 (figs1-2), the front end and back end define a first or overall length (fig1), a front upright 14 (col.3 lines58-60, one near the first end, figs1-2) is secured to the lower longitudinally extending base bar 12 at approximately the front end (figs1-2), a back upright 14 (col.3 lines58-60, the other one near the back end 22) is secured to the lower longitudinally extending base bar 12 spaced apart from the front upright (figs1-2). Although the prior art of record teaches a similar apparatus, there is no teaching in the prior art of record that would, reasonably and absent impermissible hindsight, motivate one having ordinary skill in the art to modify Hardin to use two of the supports, each bucking station support including two uprights (front and back uprights) secured at generally a right angle to the lower longitudinally extending base bar, for cutting operation from the vehicle; in combination with the limitations set forth in claim 1 of the instant invention. Thus, for at least the foregoing reasons, the prior art of record neither anticipates nor rendered obvious the present invention as set forth in the independent claim 1.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Maire (US 8,616,540 B2), Reed et al (5,692,583), Bent (5,472,180), Gould (5,366,339), Conley (4,708,576), Sutton (4,669,949), Willis (3,561,620), and Ivey (US 10,556,783 B2) teach similar apparatus for attachment to a vehicle comprising support(s). However, none of the prior arts of record considered as a whole, alone or in combination, teaches or renders obvious the allowable subject matter of the instant invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Seahee Hong whose telephone number is (571)270-5778. The examiner can normally be reached M-Th 8am-4pm ET.
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/SEAHEE HONG/Primary Examiner, Art Unit 3723