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 because:
The following recited limitations do not have reference numerals in the specification that can be found in the drawings:
“Boom section” (first, second, third and fourth)
“Extension system” (first and second)
“Tensile member” (first, second, third and fourth)
“Wall” (several walls recited in the claims while there is no mention for any wall in the specification)
“Retraction system” (first and second)
“First portion” and “Second portion” of any element.
“Flexible chain”
The drawings are also objected to for general clarity issues throughout the figures; whereas none-limiting examples: flexible segment is being referred to with both numerals 34 and 36, loose ends of ropes 30 and 32 in fig. 6 are not understood as to their function/operation, area where ends of ropes 26 attach to section 13 appear to be the same as that piston 24 attaches to section 13.
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.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required:
The following limitations positively recited, required and pivotal to the invention either does not have mentioned in the specification or is mentioned only in the background with no reference that can be found in the drawings in the body of the description:
“Boom section” (first, second, third and fourth)
“Extension system” (first and second)
“Tensile member” (first, second, third and fourth)
“Wall” (several walls recited in the claims while there is no mention for any wall in the specification)
“Retraction system” (first and second)
“First portion” and “Second portion” of any element.
“Flexible chain”
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 12-31 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 light of the significant number of limitations missing in the speciation, it is submitted that failure to find those limitations led to indefinite claims. To clarify, while the four boom sections can be understood from the specifications and drawings, failure to point out the first and second tensile member in light of the presence of several ropes make the claim indefinite as to what are the components being claimed. Similarity, where there is no mention throughout the specification for any wall, first or second portions of any of the claimed elements, a flexible chain, or any mention for an extension or a retraction system, resulted in that the application does not only include drawings objections for missing illustration of few limitations, but lack of being able to find the limitations in the specification and track the claimed elements in the drawings submitted, which is necessary for the understanding of the claims and for the applicant to particularly point out and distinctly claim the subject matter which the inventor regards as the invention. To yet further clarify, as none limiting examples, ropes 26 best assumed to be the first tensile member appear to be configured to move third section with respect to the first section (not the second as recited in line 11-12 of claim 12), and similarly, ropes 28 best assumed to be the second tensile member appear to be configured to move fourth section with respect to the second section (not the third as recited in line 14-15 of claim 12). As further example, none of the ropes appear to be between side walls of the different boom sections, instead they appear to be between inner walls of the boom section i.e., encompassed within interior of sections, and extends through other sections. The claimed pipe in claim 26 according to paragraphs [0047] and [0049], are coupled to 3rd and 4th sections and 1st and 3rd sections respectively, not 1st and 4th as recited in lines 10-11 of claim 26.
Dependent claims are rejected at least for depending from a rejected claim.
Claims are examined as best understood.
Claim Rejections - 35 USC § 102
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 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.
Claims 12-19 and 21-23 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dupre, US (2003/0205547).
In regards to claim 12 Dupre discloses:
A boom assembly (20; fig. 1) for a lift device (10), the boom assembly comprising:
a first boom section (30);
a second boom section (40) extending within the first boom section (as shown in figs. 1, 2);
a third boom section (50) extending within the second boom section (as shown in figs. 1, 2);
a fourth boom section (60) extending within the third boom section (as shown in figs. 1, 2), wherein an internal volume (total volume within all sections 30, 40, 50, 60 in aggregate) of the boom assembly is defined within the first boom section, the second boom section, the third boom section, and the fourth boom section (total volume within all sections 30, 40, 50, 60 in aggregate);
an actuator (70; fig. 2) coupled to the first boom section (at 74 as shown in fig. 2) and the second boom section (at 78) and configured to extend the second boom section relative to the first boom section (as rod 72 is retracted and extended from cylinder 76);
a first extension system (39, 47, 39, 57; fig. 2) including a first tensile member (38) and a first pulley (47) engaging the first tensile member (as shown in fig. 2), the first extension system being configured to extend the third boom section relative to the second boom section (as member 38 pulls on anchor 57 attached to section 50 retracting it into section 40); and
a second extension system (48, 58, 49, 67; fig. 2) including a second tensile member (48) and a second pulley (58) engaging the second tensile member (as shown in fig. 2), the second extension system being configured to extend the fourth boom section relative to the third boom section (as member 48 pulls on anchor 67 attached to section 60 retracting it into section 50),
wherein the first extension system and the second extension system are contained entirely within the internal volume of the boom assembly (all components of both extension systems are wholly contained within the volume within all sections 30, 40, 50, 60 in aggregate; note that only the components stated above belonging to the first and second extensions systems is what is being considered).
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In regards to claim 13 Dupre discloses the first tensile member (38) has a first end portion (at 39) coupled to the first boom section (30 at anchor 39; fig. 2) and a second end portion (at 57) coupled to the third boom section (50 at anchor 57; fig. 2), and wherein the first pulley is coupled to the second boom section (47 coupled to 40 as shown in fig. 2).
In regards to claim 14 Dupre discloses the actuator includes a rod (72) fixedly coupled to the first boom section (fixedly coupled to 30 at 74 as shown in fig. 2) and a body (76) fixedly coupled to the second boom section (at 78; fig. 2), the body receiving the rod (as shown in fig. 2), and wherein the first pulley is indirectly coupled to the second boom section by the body of the actuator (as shown in fig. 2).
In regards to claim 15 Dupre discloses the first tensile member of the first extension system extends within the fourth boom section (38 extends within 30; as shown in fig. 2).
In regards to claim 16 Dupre discloses the second tensile member (48) has a first end portion (at 49) coupled to the second boom section (at anchor 49) and a second end portion (at 67) coupled to the fourth boom section (60 at anchor 67), and wherein the second pulley is coupled to the third boom section (58 coupled to 50 as shown in fig. 2).
In regards to claim 17 Dupre discloses the second tensile member (48) of the second extension system extends outside of the fourth boom section and within the third boom section (outside 60 and within 50; as shown in fig. 2).
In regards to claim 18 Dupre discloses the third boom section includes a first side wall (any one of the side vertical walls of 50) extending substantially vertically, wherein the fourth boom section includes a second side wall (any one of the side vertical walls of 60) offset from the first side wall (as sections 50 and 60 are entirely offset), and wherein the second tensile member (48) of the second extension system extends between the first side wall and the second side wall (at least section attached to anchor 67; as shown in fig. 2).
In regards to claim 19 Dupre discloses the actuator includes a rod (72) fixedly coupled to the first boom section (at 74; fig. 2) and a body (76) fixedly coupled to the second boom section (at 78; fig. 2), the body receiving the rod, and wherein the first boom section, the second boom section, the third boom section, and the fourth boom section are repositionable from a fully retracted position to a fully extended position while the rod is fixedly coupled to the first boom section (as rod 72 is retracted and extended from cylinder 76 and subsequently activated chains 38, 48, 44, 34).
In regards to claim 21 Dupre discloses the actuator is contained entirely within the internal volume of the boom assembly (70 entirely within the volume of sections 30, 40, 50, 60; as shown in fig. 2).
In regards to claim 22 Dupre discloses a first retraction system (34, 42, 33, 52) including a third tensile member (34) and a third pulley (42) engaging the third tensile member (fig. 2), the first retraction system being configured to retract the third boom section relative to the second boom section (as 34 pulls on 52 retracts 50 into 40); and a second retraction system (44, 54, 43, 63) including a fourth tensile member (44) and a fourth pulley (54) engaging the fourth tensile member (fig. 2), the second retraction system being configured to retract the fourth boom section relative to the third boom section (as 44 pulls on 63 retracts 60 into 50).
In regards to claim 23 Dupre discloses a pipe (144, 150A-150D, 152A-152D) configured to transfer a fluid (described as hydraulic tubes part of fluid conduit assembly), the pipe having a first portion (passing through end of 132A; fig. 4) coupled to the first boom section (at 166; since 166 bolts to the side walls of the base or first boom section 30 as described in paragraph [0074]) and a second portion (at right hand side at reference numerals 132B-1, 132A-1) coupled to the fourth boom section (coupled to 60 at least indirectly via hose carrier housing 110), wherein a first segment of the pipe extends between a first wall of the first boom section and a second wall of the second boom section (as shown in fig. 4, at least between any one of the top or bottom walls of 30 and 40, since 166 bolts to the side walls of the base or first boom section 30 as described in paragraph [0074]).
Claim 26 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dupre, US (2003/0205547).
In regards to claim 26 Dupre discloses:
A boom assembly (20; fig. 1) for a lift device (10), the boom assembly comprising:
a first boom section (30) including a first wall (any one of the top or bottom walls of 30);
a second boom section (40) extending within the first boom section (as shown in figs. 1, 2) and including a second wall (any one of the top or bottom walls of 40);
a third boom section (50) extending within the second boom section (as shown in figs. 1, 2);
a fourth boom section (60) extending within the third boom section (as shown in figs. 1, 2);
at least one actuator (70; fig. 2) configured to move the first boom section, the second boom section, the third boom section, and the fourth boom section between a fully retracted position and a fully extended position (as rod 72 is retracted and extended from cylinder 76 and subsequently activated chains 38, 48, 44, 34); and
a pipe (144, 150A-150D, 152A-152D) configured to transfer a fluid (described as hydraulic tubes part of fluid conduit assembly), the pipe having a first portion (passing through end of 132A; fig. 4) coupled to the first boom section (at 166; since 166 bolts to the side walls of the base or first boom section 30 as described in paragraph [0074]) and a second portion (at right hand side at reference numerals 132B-1, 132A-1) coupled to the fourth boom section (coupled to 60 at least indirectly via hose carrier housing 110),
wherein a first segment of the pipe extends between the first wall of the first boom section and the second wall of the second boom section (as shown in fig. 4, at least between any one of the top or bottom walls of 30 and 40, since 166 bolts to the side walls of the base or first boom section 30 as described in paragraph [0074]).
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Claims 30 and 31 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dupre, US (2003/0205547).
In regards to claim 30 Dupre discloses:
A boom assembly (20; fig. 1) for a lift device (10), the boom assembly comprising:
a first boom section (30);
a second boom section (40) extending within the first boom section (as shown in figs. 1, 2);
a third boom section (50) extending within the second boom section (as shown in figs. 1, 2);
a fourth boom section (60) extending within the third boom section (as shown in figs. 1, 2);
at least one actuator (70; fig. 2) configured to move the first boom section, the second boom section, the third boom section, and the fourth boom section between a fully retracted position and a fully extended position (as rod 72 is retracted and extended from cylinder 76 and subsequently activated chains 38, 48, 44, 34);
a pipe (144, 150A-150D, 152A-152D) configured to transfer a fluid (described as hydraulic tubes part of fluid conduit assembly), the pipe having a first portion (passing through end of 132A; fig. 4) coupled to the first boom section (at 166; since 166 bolts to the side walls of the base or first boom section 30 as described in paragraph [0074]) and a second portion (at right hand side at reference numerals 132B-1, 132A-1) coupled to the fourth boom section (coupled to 60 at least indirectly via hose carrier housing 110); and
a flexible chain (hose guide 132; fig. 4) receiving a segment of the pipe (150A-150D; as described in paragraph [0071]), wherein a first end portion of the flexible chain is coupled to the third boom section (directly or indirectly at least via hose carrier housing 110), and wherein a second end portion of the flexible chain is coupled to the fourth boom section (directly or indirectly at least via hose carrier housing 110).
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In regards to claim 31 Dupre discloses the flexible chain extends within the fourth boom section (within section 60 as shown in fig. 4).
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.
Claims 20, 24-25 and 27-29 are rejected under 35 U.S.C. 103 as being unpatentable over Dupre as applied to claims 23 and 26 respectively above, and further in view of Magni, US (2015/0151954).
In regards to claim 20 Dupre does not disclose the first tensile member is a rope.
Magni teaches tensile member is a rope (rope driving means 110 and 120) for the purpose of driving sections of a boom.
Therefore, before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to substitute the chains of Dupre with ropes as taught by Magni, for the predictable result with reasonable expectation of success i.e., to provide for more flexible drive means not prone to rusting, and as suggested by Magni where ropes are used interchangeably throughout the Magni reference.
In regards to claims 24 and 27 Dupre does not disclose a pulley coupled to the second boom section, and a segment of the pipe is wound around the pulley.
Magni teaches a pulley (212; fig. 2) coupled to the second boom section (section to which 212 equated to second boom section of Dupre), and a segment of the pipe (portion of 211; fig. 2) is wound around the pulley (212; as shown in fig. 2; Magni).
Therefore, before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to utilize the pulley taught by Magni to facilitate turning sections of the pipe of Dupre for the predictable result with reasonable expectation of success i.e., to minimize friction and stress points experienced at bends in the pipe. Further with regards to claims 24 and 27 Dupre discloses a third segment of the pipe extends within the second boom section (within section 40 as shown in fig. 4; Dupre).
In regards to claim 25 Dupre discloses a flexible chain (hose guide 132; fig. 4) receiving a fourth segment of the pipe (segment of the pipe with portions of 132) and extending within the fourth boom section (within 60 as shown in fig. 4), wherein a first end portion of the flexible chain is coupled to the third boom section (directly or indirectly at least via hose carrier housing 110), and wherein a second end portion of the flexible chain is coupled to the fourth boom section (directly or indirectly at least via hose carrier housing 110).
In regards to claim 28 Dupre discloses a flexible chain (hose guide 132; fig. 4) receiving a fourth segment of the pipe (segment of the pipe with portions of 132), wherein a first end portion of the flexible chain is coupled to the third boom section (directly or indirectly at least via hose carrier housing 110),, and wherein a second end portion of the flexible chain is coupled to the fourth boom section (directly or indirectly at least via hose carrier housing 110),.
In regards to claim 29 Dupre discloses the flexible chain extends within the fourth boom section (as shown in fig. 4).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please refer to PTO-892 form for list of cited references.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHIREF M MEKHAEIL whose telephone number is (571)270-5334. The examiner can normally be reached 10-7 Mon-Fri.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Daniel Cahn can be reached at 571-270-5616. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/S.M.M/Examiner, Art Unit 3634
/DANIEL P CAHN/Supervisory Patent Examiner, Art Unit 3634
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