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 .
The specification, abstract, drawings and claims of February 9, 2024 are under examination.
Information Disclosure Statement
The information disclosure statement(s) (IDS) was/were submitted on March 6, 2024, March 11, 2024 and October 11, 2024. The submission(s) is/are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement(s) is/are being considered by the examiner.
The non-patent literature documents cited in the information disclosure statement filed March 6, 2024 fail to comply with the provisions of 37 CFR 1.97, 1.98 and MPEP § 609 because a date of publication has not been provided. It has been placed in the application file, but the information referred to therein has not been considered as to the merits. Applicant is advised that the date of any re-submission of any item of information contained in this information disclosure statement or the submission of any missing element(s) will be the date of submission for purposes of determining compliance with the requirements based on the time of filing the statement, including all certification requirements for statements under 37 CFR 1.97(e). See MPEP § 609.05(a).
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 subject matter of claims 15-17 and 20 must be shown or the feature(s) canceled from the claim(s). The drawings do not show that compression of the spring causes engagement of the complementary engagement feature with the selectable engagement feature, and vice versa. Regarding Claim(s) 20, the language “the spring assembly also being configured to biasedly engage a portion of the complementary engagement feature with a portion of said selectable engagement feature; wherein in response to increased tension in the tension line, the spring assembly becomes compressed to thereby securely engage the complementary engagement feature with said selectable engagement feature; and wherein in response to decreased tension in the tension line, the spring assembly becomes relaxed to thereby disengage the complementary engagement feature with the selectable engagement feature; wherein the spring assembly is also configured to biasedly disengage the complementary engagement feature away from said selectable engagement feature in response to reduction in tension, at least in part, of the tension line in such a way that the spring assembly, in use, urges the complementary engagement feature away from the selectable engagement feature to permit relative movement between the first elongated assembly and the second elongated assembly; and wherein the spring assembly is also configured to securely biasedly engage the complementary engagement feature with said selectable engagement feature in response to an increase in tension of the tension line in such a way that the spring assembly, in use, urges said complementary engagement feature to securely engage the selectable engagement feature to halt, at least in part, relative movement between the first elongated assembly and the second elongated assembly; the complementary engagement feature further includes: a linkage assembly being configured to link, either directly or indirectly, the complementary engagement feature with the spring assembly; the linkage assembly also being configured to urge movement of the complementary engagement feature away from said selectable engagement feature in response to reduction in tension of the tension line; and the linkage assembly is also configured to securely engage, in cooperation with the spring assembly, the complementary engagement feature with said selectable engagement feature in response to an application of tension to the tension line” is not shown in the drawings. 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.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
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 15-17 and 20 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.
Regarding Claim(s) 15, the language “wherein in response to increased tension in the tension line, the spring assembly becomes compressed to securely engage the complementary engagement feature with said selectable engagement feature; and wherein in response to decreased tension in the tension line, the spring assembly becomes relaxed to thereby disengage the complementary engagement feature with the selectable engagement feature” is not considered supported by the specification and figures. According to the figures, compression of the spring (409) causes disengagement of the complementary engagement feature (400) with the selectable engagement feature (301) and relaxation of the spring would cause engagement of the complementary engagement feature with the selectable engagement feature, which is the opposite of what is claimed. Applicant’s specification, at Paragraphs 48 and 51, discloses that a loss of tension in the tension line (412) results in the spring (409) expanding to push a second frame assembly (403), which causes extension of shaped member (404), which is the opposite of what is claimed. Based on this, the claim language cannot be considered supported by the disclosure.
Regarding Claim(s) 16, the language “the spring assembly is also configured to securely biasedly engage the complementary engagement feature with said selectable engagement feature in response to an increase in tension of the tension line in such a way that the spring assembly, in use, urges said complementary engagement feature to securely engage the selectable engagement feature to halt, at least in part, relative movement between the first elongated assembly and the second elongated assembly” is not considered supported by the specification and figures. According to the figures, increased tension in the tension line (412) would result in compression of the spring (409). Compression of the spring (409) causes disengagement of the complementary engagement feature (400) with the selectable engagement feature (301), which is the opposite of what is claimed. Based on this, the claim language cannot be considered supported by the disclosure.
Regarding Claim(s) 17, the language “the complementary engagement feature further includes: a linkage assembly being configured to link, either directly or indirectly, the complementary engagement feature with the spring assembly; wherein the linkage assembly is configured to urge the complementary engagement feature to move away from said selectable engagement feature in response to reduction in tension of the tension line; and wherein the linkage assembly is also configured to securely engage, in cooperation with the spring assembly, the complementary engagement feature with said selectable engagement feature in response to an application of tension to the tension line” is not considered supported by the specification and figures. According to the figures, reduction of tension in the tension line (412) would result in relaxation of the spring (409). Relaxation of the spring (409) causes the linkage assembly (410) to disengage the complementary engagement feature (400) with the selectable engagement feature (301), which is the opposite of what is claimed. Based on this, the claim language cannot be considered supported by the disclosure.
Regarding Claim(s) 20, the language “the spring assembly also being configured to biasedly engage a portion of the complementary engagement feature with a portion of said selectable engagement feature; wherein in response to increased tension in the tension line, the spring assembly becomes compressed to thereby securely engage the complementary engagement feature with said selectable engagement feature; and wherein in response to decreased tension in the tension line, the spring assembly becomes relaxed to thereby disengage the complementary engagement feature with the selectable engagement feature; wherein the spring assembly is also configured to biasedly disengage the complementary engagement feature away from said selectable engagement feature in response to reduction in tension, at least in part, of the tension line in such a way that the spring assembly, in use, urges the complementary engagement feature away from the selectable engagement feature to permit relative movement between the first elongated assembly and the second elongated assembly; and wherein the spring assembly is also configured to securely biasedly engage the complementary engagement feature with said selectable engagement feature in response to an increase in tension of the tension line in such a way that the spring assembly, in use, urges said complementary engagement feature to securely engage the selectable engagement feature to halt, at least in part, relative movement between the first elongated assembly and the second elongated assembly; the complementary engagement feature further includes: a linkage assembly being configured to link, either directly or indirectly, the complementary engagement feature with the spring assembly; the linkage assembly also being configured to urge movement of the complementary engagement feature away from said selectable engagement feature in response to reduction in tension of the tension line; and the linkage assembly is also configured to securely engage, in cooperation with the spring assembly, the complementary engagement feature with said selectable engagement feature in response to an application of tension to the tension line” is considered to not be supported by the specification. The claim language sets forth that increased tension in the tension line will cause engagement of the complementary engagement feature with the selectable engagement feature while decreased tension in the tension line will cause disengagement of the of the complementary engagement feature with the selectable engagement feature. The apparatus depicted in applicant’s figures seems to be the opposite of what is claimed. Increased tension in the tension line 412 would prevent second frame 403 from moving away from first frame 402. This would prevent the linkage 410 from moving the shaped member 404. It is unclear from the specification and drawings how the functions recited in the claim language can be achieved by the disclosed apparatus.
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 1-20 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(s) 1, the language “at least some of said brake features being serially positionable, one after another, in a spaced-apart close intimate arrangement” renders the claim indefinite because it is unclear how something can be “spaced-apart”, yet in “close intimate arrangement”.
The term “close intimate” in claim 1 is a relative term which renders the claim indefinite. The term “close intimate” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The term “close intimate” does not clearly establish how close the features are to one another.
Regarding Claim(s) 3, the language “the spaced-apart engagement features being configured to be serially linearly securely located and positioned, at least in part, in a spaced-apart close intimate arrangement” renders the claim indefinite because it is unclear how something can be “spaced-apart”, yet in “close intimate arrangement”.
The term “close intimate” in claim 3 is a relative term which renders the claim indefinite. The term “close intimate” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The term “close intimate” does not clearly establish how close the features are to one another.
The term “intimate” in claim 7 is a relative term which renders the claim indefinite. The term “intimate” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The term “intimate” does not clearly establish how close the features are to one another.
Regarding Claim(s) 15, the language “wherein in response to increased tension in the tension line, the spring assembly becomes compressed to securely engage the complementary engagement feature with said selectable engagement feature; and wherein in response to decreased tension in the tension line, the spring assembly becomes relaxed to thereby disengage the complementary engagement feature with the selectable engagement feature” renders the claim indefinite because the scope of the claim is unclear. The language is not considered supported by the specification and figures. According to the figures, compression of the spring (409) causes disengagement of the complementary engagement feature (400) with the selectable engagement feature (301) and relaxation of the spring would cause engagement of the complementary engagement feature with the selectable engagement feature, which is the opposite of what is claimed. Applicant’s specification, at Paragraphs 48 and 51, discloses that a loss of tension in the tension line (412) results in the spring (409) expanding to push a second frame assembly (403), which causes extension of shaped member (404), which is the opposite of what is claimed. As the scope of the claim is unclear, the claim is considered indefinite.
Regarding Claim(s) 16, the language “the spring assembly is also configured to securely biasedly engage the complementary engagement feature with said selectable engagement feature in response to an increase in tension of the tension line in such a way that the spring assembly, in use, urges said complementary engagement feature to securely engage the selectable engagement feature to halt, at least in part, relative movement between the first elongated assembly and the second elongated assembly” renders the claim indefinite because the scope of the claim is unclear. The language is not considered supported by the specification and figures. According to the figures, increased tension in the tension line (412) would result in compression of the spring (409). Compression of the spring (409) causes disengagement of the complementary engagement feature (400) with the selectable engagement feature (301), which is the opposite of what is claimed. As the scope of the claim is unclear, the claim is considered indefinite.
Regarding Claim(s) 17, the language “the complementary engagement feature further includes: a linkage assembly being configured to link, either directly or indirectly, the complementary engagement feature with the spring assembly; wherein the linkage assembly is configured to urge the complementary engagement feature to move away from said selectable engagement feature in response to reduction in tension of the tension line; and wherein the linkage assembly is also configured to securely engage, in cooperation with the spring assembly, the complementary engagement feature with said selectable engagement feature in response to an application of tension to the tension line” renders the claim indefinite because the scope of the claim language is unclear. The language is not considered supported by the specification and figures. According to the figures, reduction of tension in the tension line (412) would result in relaxation of the spring (409). Relaxation of the spring (409) causes the linkage assembly (410) to disengage the complementary engagement feature (400) with the selectable engagement feature (301), which is the opposite of what is claimed. As the scope of the claim is unclear, the claim is considered indefinite.
Regarding Claim(s) 18, the language “spaced-apart engagement features including a selectable engagement feature, and are serially positionable, one after another, in a spaced-apart close intimate arrangement” renders the claim indefinite because it is unclear how something can be “spaced-apart”, yet in “close intimate arrangement”.
The term “intimate” in claim 18 is a relative term which renders the claim indefinite. The term “intimate” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The term “intimate” does not clearly establish how close the features are to one another.
Regarding Claim(s) 20, the language “the spaced-apart engagement features being configured to be serially linearly securely located and positioned, at least in part, in a spaced-apart close intimate arrangement” renders the claim indefinite because it is unclear how something can be “spaced-apart”, yet in “close intimate arrangement”.
The term “close intimate” in claim 20 is a relative term which renders the claim indefinite. The term “close intimate” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The term “close intimate” does not clearly establish how close the features are to one another.
Regarding Claim(s) 20, the language “the spring assembly also being configured to biasedly engage a portion of the complementary engagement feature with a portion of said selectable engagement feature; wherein in response to increased tension in the tension line, the spring assembly becomes compressed to thereby securely engage the complementary engagement feature with said selectable engagement feature; and wherein in response to decreased tension in the tension line, the spring assembly becomes relaxed to thereby disengage the complementary engagement feature with the selectable engagement feature; wherein the spring assembly is also configured to biasedly disengage the complementary engagement feature away from said selectable engagement feature in response to reduction in tension, at least in part, of the tension line in such a way that the spring assembly, in use, urges the complementary engagement feature away from the selectable engagement feature to permit relative movement between the first elongated assembly and the second elongated assembly; and wherein the spring assembly is also configured to securely biasedly engage the complementary engagement feature with said selectable engagement feature in response to an increase in tension of the tension line in such a way that the spring assembly, in use, urges said complementary engagement feature to securely engage the selectable engagement feature to halt, at least in part, relative movement between the first elongated assembly and the second elongated assembly; the complementary engagement feature further includes: a linkage assembly being configured to link, either directly or indirectly, the complementary engagement feature with the spring assembly; the linkage assembly also being configured to urge movement of the complementary engagement feature away from said selectable engagement feature in response to reduction in tension of the tension line; and the linkage assembly is also configured to securely engage, in cooperation with the spring assembly, the complementary engagement feature with said selectable engagement feature in response to an application of tension to the tension line” renders the claim indefinite. The claim language sets forth that increased tension in the tension line will cause engagement of the complementary engagement feature with the selectable engagement feature while decreased tension in the tension line will cause disengagement of the of the complementary engagement feature with the selectable engagement feature. The apparatus depicted in applicant’s figures seems to be the opposite of what is claimed. Increased tension in the tension line 412 would prevent second frame 403 from moving away from first frame 402. This would prevent the linkage 410 from moving the shaped member 404. Applicant’s specification, at Paragraphs 48 and 51, discloses that a loss of tension in the tension line (412) results in the spring (409) expanding to push a second frame assembly (403), which causes extension of shaped member (404), which is the opposite of what is claimed. It is unclear from the specification and drawings how the functions recited in the claim language can be achieved by the disclosed apparatus.
Claims 2, 4-17, 19 are rejected as being dependent upon a rejected base claim.
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.
Claim(s) 1, 3-8, 10-14, 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bateman et al. (USPN 9598875).
Regarding Claim(s) 1, Bateman et al. (USPN 9598875) teaches an apparatus, comprising: a first elongated assembly (member 22); and a second elongated assembly (first telescoping assembly 24) being movable, at least in part, along an elongated movement axis (vertical axis along the direction of member 22 and assembly 24) relative to the first elongated assembly; a brake assembly (slots 44, safety latch assembly 50) being configured to selectively securely engage the first elongated assembly and the second elongated assembly together to thereby halt, at least in part, relative movement between the first elongated assembly and the second elongated assembly [Col. 3:39-44, “pivoting the latch in through a slot through the side wall of the stationary member and into one of a plurality of slots that have been pre-formed in the first telescoping member thereby catching the first telescoping member before it falls to the bottom of the stationary mast member”]; and said brake assembly including brake features (slots 44); at least some of said brake features being serially positionable, one after another, in a spaced-apart close intimate arrangement (see slots 44 in Figure 2); and said at least some of said brake features also being coaxially alignable, at least in part, along said elongated movement axis (see slots 44 in Figure 2). The latch assembly has a latch (64) that engages slots (44) in the assembly (24) upon breaking of hoisting cable (36) or relieving of tension in the cable and prevent relative movement between the assembly (24) and the member (22) [Col. 5:56-Col. 6:36].
Regarding Claim(s) 3, Bateman et al. teaches an apparatus, comprising: a first elongated assembly (member 22) having first structural members (walls of the member), and also having an elongated longitudinal axis extending along an elongated length of the first elongated assembly (the member would inherently have a longitudinal axis, the axis being vertical); a second elongated assembly (telescoping assembly 24) having second structural members (walls of the assembly), and the second elongated assembly being configured to be telescopically extendable and movable relative to the first elongated assembly along an elongated movement axis being coaxially aligned relative to the elongated longitudinal axis of the first elongated assembly (the assembly 24 is telescopically received in the member 22); and a brake assembly (slots 44, latch assembly 50) including spaced-apart engagement features (slots 44) having a selectable engagement feature (opening of slot); and the spaced-apart engagement features being configured to be serially linearly securely located and positioned, at least in part, in a spaced-apart close intimate arrangement longitudinally along at least some of said second structural members of the second elongated assembly (see the slots in Figure 2); the spaced-apart engagement features also being configured to be, at least in part, coaxially aligned relative to the elongated movement axis (see the slots in Figure 2); the brake assembly also including a complementary engagement feature (latch 64) being configured to be securely supported by the first structural members of the first elongated assembly (Figure 3 shows the latch assembly supported by the wall of the member 22); and the complementary engagement feature being selectively securely engageable to said selectable engagement feature of said spaced-apart engagement features in such a way that selective secured engagement of the complementary engagement feature with said selectable engagement feature, in use, halts, at least in part, relative movement between the second elongated assembly and the first elongated assembly [Col. 3:39-44, “pivoting the latch in through a slot through the side wall of the stationary member and into one of a plurality of slots that have been pre-formed in the first telescoping member thereby catching the first telescoping member before it falls to the bottom of the stationary mast member”]. The latch assembly has a latch (64) that engages slots (44) in the assembly (24) upon breaking of hoisting cable (36) or relieving of tension in the cable and prevent relative movement between the assembly (24) and the member (22) [Col. 5:56-Col. 6:36].
Regarding Claim(s) 4, Bateman et al. teaches the spaced-apart engagement features have spaced-apart grooves (slots 44); and the complementary engagement feature is configured to apply a halting force to the selectable engagement feature (the latch 64 engages the slots to apply a halting force, as described above).
Regarding Claim(s) 5, Bateman et al. teaches the complementary engagement feature is configured to be selectively securely engageable with said selectable engagement feature in such a way that secure engagement between the complementary engagement feature and said selectable engagement feature, in cooperative action, halts, at least in part, relative movement between the second elongated assembly and the first elongated assembly. The latch (64) is moved by spring (56) to engage the slot, which would halt relative movement between the member (22) and assembly (24).
Regarding Claim(s) 7, Bateman et al. teaches the complementary engagement feature is also configured to be selectively engageable (by spring 56) with, and selectively disengageable from [Col. 6:32-36, “operator engages the winch to elevate the mast 20, the tension is restored and the safety latch assembly 50 will be repositioned into its cocked position and clear of slots 44 and first telescoping member 24”], said selectable engagement feature between: an intimate secured contact engagement in which a portion of the complementary engagement feature engages, at least in part, with a portion of the selectable engagement feature thereby halting, at least in part, relative movement between the first elongated assembly and the second elongated assembly [Col. 6:5-15, “latch 64 is pivoted in through a lost through the side wall of stationary member 22 and into one of the plurality of slots 44”]; and a non-contact engagement in which the complementary engagement feature remains unengaged with said selectable engagement feature to permit relative movement between the first elongated assembly and the second elongated assembly [Col. 6:32-36, “operator engages the winch to elevate the mast 20, the tension is restored and the safety latch assembly 50 will be repositioned into its cocked position and clear of slots 44 and first telescoping member 24”].
Regarding Claim(s) 8, Bateman et al. teaches said selectable engagement feature of said spaced-apart engagement features is sized to be proximately larger than the complementary engagement feature to facilitate movement of the complementary engagement feature into, at least in part, said selectable engagement feature. The latch (64) enters the slot (44); therefore, the slot would be sized to be proximately larger than the latch.
Regarding Claim(s) 10, Bateman et al. teaches the complementary engagement feature includes: a first frame assembly (bracket 52) configured to be fixedly attached to the first elongated assembly; and a second frame assembly (brackets 58, 60) being configured to be movable relative to the first frame assembly.
Regarding Claim(s) 11, Bateman et al. teaches the complementary engagement feature further includes: a shaped member (latch 64 with hook 66) operatively mounted to the first frame assembly; the shaped member being configured to be movable into said selectable engagement feature (moved by spring 56); and the shaped member also being configured to be movable out from said selectable engagement feature (by pivoting of brackets 58, 60 by roller 70).
Regarding Claim(s) 12, Bateman et al. teaches the shaped member is pivotally mounted to the first frame assembly (by pin 78).
Regarding Claim(s) 13, Bateman et al. teaches the complementary engagement feature further includes: an actuator assembly (spring 56, roller 70) being configured to actuate selective movement of the shaped member into, and out from, said selectable engagement feature. Tension in cable (36) acts on roller (70) to move the hook (66) out of engagement with the slot (44), while loss of tension in the cable (36) allows spring (56) to move the hook (66) into engagement with the slot (44).
Regarding Claim(s) 14, Bateman et al. teaches the actuator assembly includes: a spring assembly (spring 56) being configured to be selectively compressed and decompressed (by action of cable 36 and roller 70); and the spring assembly also being configured to biasedly engage, at least in part, a portion of the complementary engagement feature with a portion of said selectable engagement feature (the spring 56 acts to move the hook 66 into engagement with the slot 44).
Regarding Claim(s) 18, the language of the preamble “An apparatus usable with a first elongated assembly, and the apparatus also usable with a second elongated assembly being movable, at least in part, along an elongated movement axis, relative to the first elongated assembly, the apparatus also usable with spaced-apart engagement features including a selectable engagement feature, and are serially positionable, one after another, in a spaced-apart close intimate arrangement, and also said spaced-apart engagement features being coaxially alignable, at least in part, along said elongated movement axis, the apparatus comprising” is considered to limit the structure of the apparatus, as elements from the preamble, such as “selectable engagement feature”, are including in the body of the claim.
Regarding Claim(s) 18, Bateman et al. teaches an apparatus usable with a first elongated assembly (member 22), and the apparatus also usable with a second elongated assembly (telescoping assembly 24) being movable, at least in part, along an elongated movement axis (vertical axis passing through the member and assembly), relative to the first elongated assembly, the apparatus also usable with spaced-apart engagement features (slots 44) including a selectable engagement feature (opening of slots), and are serially positionable, one after another, in a spaced-apart close intimate arrangement (Figure 2 shows the slots), and also said spaced-apart engagement features being coaxially alignable, at least in part, along said elongated movement axis (Figure 2 shows the slots), the apparatus comprising: a brake assembly (latch assembly 50) including a complementary engagement feature (latch 64) being configured to be selectively securely engageable with said selectable engagement feature [Col. 6:5-15, “latch 64 is pivoted in through a lost through the side wall of stationary member 22 and into one of the plurality of slots 44”]; and the complementary engagement feature also being configured to halt, at least in part, relative movement between the second elongated assembly and the first elongated assembly in response to selective secured engagement between the complementary engagement feature said selectable engagement feature [Col. 3:39-44, “pivoting the latch in through a slot through the side wall of the stationary member and into one of a plurality of slots that have been pre-formed in the first telescoping member thereby catching the first telescoping member before it falls to the bottom of the stationary mast member”].
Claim(s) 1-6, 8-14, 18, 19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by MacDonald et al. (USPN 4483109).
Regarding Claim(s) 1, MacDonald et al. teaches an apparatus, comprising: a first elongated assembly (boom section 3); and a second elongated assembly (boom section 4) being movable, at least in part, along an elongated movement axis relative to the first elongated assembly [Col. 3:7-13, “smaller boom section 4 is telescopically received within the larger boom section 3, and can be extended or retracted longitudinally relative thereto”]; a brake assembly (notches 6 and plate 8) being configured to selectively securely engage the first elongated assembly and the second elongated assembly together to thereby halt, at least in part, relative movement between the first elongated assembly and the second elongated assembly [Col. 4:41-62, “In the event that the chain 40 should break, the restraining reaction provided by the roller 38 acting on the chain is removed, thus permitting release of the compression spring 18 to influence the latch plate 8, and cause a clockwise rotation thereof. Influence of the compression spring 18 is conducted by way of the actuator plate 20. The resultant clockwise rotation of the latch plate 8 causes the forward end of the latch plate to rotate into the ladder structure assembled to the boom section 4. The remote end flanges 12, 14 of the latch plate 8 thereby rotate into the ladder slot 6 as shown in FIG. 5. The above action will serve to limit any further movement of boom section 4 relative to boom section 3”]; and said brake assembly including brake features (notches 6); at least some of said brake features being serially positionable, one after another, in a spaced-apart close intimate arrangement; and said at least some of said brake features also being coaxially alignable, at least in part, along said elongated movement axis [col. 3:20-21, “notches 6 longitudinally spaced there along”]. The notches would be considered serially positionable one after another, in a spaced-apart close intimate arrangement since plural notches are disclosed in plate.
Regarding Claim(s) 2, MacDonald et al. teaches said at least some of said brake features of said brake assembly include spaced-apart engagement features fixedly mounted to the second elongated assembly (the notches 6 are part of plate 5 which is attached to the boom section 4, see [Col. 3:18-21, “a plate 5 which is attached to an upper surface of boom section 4”]); and said brake assembly also includes a complementary engagement feature (latch plate 8) fixedly mounted to the first elongated assembly [Col. 3:25-27, “end of the latch plate 8 is pivotally secured to the larger dimensioned boom section 3”]; and said spaced-apart engagement features and said complementary engagement feature are configured to cooperatively halt, at least in part, relative movement between the first elongated assembly and the second elongated assembly (as described above).
Regarding Claim(s) 3, MacDonald et al. teaches an apparatus, comprising: a first elongated assembly (boom section 3) having first structural members (walls of section 3), and also having an elongated longitudinal axis extending along an elongated length of the first elongated assembly (the boom section would inherently having an elongated longitudinal axis); a second elongated assembly (boom section 4) having second structural members (walls of section 4), and the second elongated assembly being configured to be telescopically extendable and movable relative to the first elongated assembly along an elongated movement axis being coaxially aligned relative to the elongated longitudinal axis of the first elongated assembly [Col. 3:7-13, “smaller boom section 4 is telescopically received within the larger boom section 3, and can be extended or retracted longitudinally relative thereto”]; and a brake assembly (notches 6 and plate 8) including spaced-apart engagement features (notches 6) having a selectable engagement feature (area bound by the notches 6); and the spaced-apart engagement features being configured to be serially linearly securely located and positioned, at least in part, in a spaced-apart close intimate arrangement longitudinally along at least some of said second structural members of the second elongated assembly; the spaced-apart engagement features also being configured to be, at least in part, coaxially aligned relative to the elongated movement axis [col. 3:20-21, “notches 6 longitudinally spaced there along”]; the brake assembly also including a complementary engagement feature (plate 8 having flanges 12, 14) being configured to be securely supported by the first structural members of the first elongated assembly [Col. 3:25-27, “end of the latch plate 8 is pivotally secured to the larger dimensioned boom section 3”]; and the complementary engagement feature being selectively securely engageable to said selectable engagement feature of said spaced-apart engagement features in such a way that selective secured engagement of the complementary engagement feature with said selectable engagement feature, in use, halts, at least in part, relative movement between the second elongated assembly and the first elongated assembly [Col. 4:41-62, “In the event that the chain 40 should break, the restraining reaction provided by the roller 38 acting on the chain is removed, thus permitting release of the compression spring 18 to influence the latch plate 8, and cause a clockwise rotation thereof. Influence of the compression spring 18 is conducted by way of the actuator plate 20. The resultant clockwise rotation of the latch plate 8 causes the forward end of the latch plate to rotate into the ladder structure assembled to the boom section 4. The remote end flanges 12, 14 of the latch plate 8 thereby rotate into the ladder slot 6 as shown in FIG. 5. The above action will serve to limit any further movement of boom section 4 relative to boom section 3”]. The notches would be considered serially positionable one after another, in a spaced-apart close intimate arrangement since plural notches are disclosed in plate (5).
Regarding Claim(s) 4, MacDonald et al. teaches the spaced-apart engagement features have spaced-apart grooves (notches 6); and the complementary engagement feature is configured to apply a halting force to the selectable engagement feature (as described above).
Regarding Claim(s) 5, MacDonald et al. teaches the complementary engagement feature (latch plate 8) is configured to be selectively securely engageable with said selectable engagement feature (notch 6) in such a way that secure engagement between the complementary engagement feature and said selectable engagement feature, in cooperative action, halts, at least in part, relative movement between the second elongated assembly and the first elongated assembly (as described above).
Regarding Claim(s) 6, MacDonald et al. teaches said spaced-apart engagement features include: an elongated member (plate 5) being configured to be mounted to, and along, the elongated length of the second elongated assembly (the notches 6 are part of plate 5 which is attached to the boom section 4, see [Col. 3:18-21, “a plate 5 which is attached to an upper surface of boom section 4”]); and said elongated member defining, at least in part, spaced-apart grooves (notches 6) serially aligned along the elongated length of the said elongated member.
Regarding Claim(s) 8, MacDonald et al. teaches said selectable engagement feature of said spaced-apart engagement features is sized to be proximately larger than the complementary engagement feature to facilitate movement of the complementary engagement feature into, at least in part, said selectable engagement feature. The flanges (12, 14) of the latch plate (8) are received in the notch 6; therefore, the notch is sized to be proximately larger than the flanges.
Regarding Claim(s) 9, MacDonald et al. teaches said spaced-apart engagement features include: an elongated member (plate 5) being configured to be attached, at least in part, to the second structural members of the second elongated assembly (the notches 6 are part of plate 5 which is attached to the boom section 4, see [Col. 3:18-21, “a plate 5 which is attached to an upper surface of boom section 4”]); and the elongated member defining, at least in part, spaced-apart grooves (notches 6) aligned along the elongated length of the elongated member.
Regarding Claim(s) 10, MacDonald et al. teaches the complementary engagement feature includes: a first frame assembly (plates 22) configured to be fixedly attached to the first elongated assembly (see Figure 1); and a second frame assembly (plate 20) being configured to be movable relative to the first frame assembly.
Regarding Claim(s) 11, MacDonald et al. teaches the complementary engagement feature further includes: a shaped member (plate 8 having flanges 12, 14) operatively mounted to the first frame assembly; the shaped member being configured to be movable into said selectable engagement feature (Figure 3 shows the plate moving into the notch 6, see dashed lines); and the shaped member also being configured to be movable out from said selectable engagement feature (Figure 3 shows the plate 8 out of the notch 6, solid lines).
Regarding Claim(s) 12, MacDonald et al. teaches the shaped member is pivotally mounted to the first frame assembly (by pin 10).
Regarding Claim(s) 13, MacDonald et al. teaches the complementary engagement feature further includes: an actuator assembly (spring 18, cable 26 and lever 24) being configured to actuate selective movement of the shaped member into, and out from, said selectable engagement feature. Cable (26) is connected to roller (38) which rides on chain (40). When the chain operates normally, the position of the roller maintains the cable and lever such that the plate is not engaged with the notch. When the chain breaks, the roller lowers, and the spring causes the plate to engage the notch (as described above).
Regarding Claim(s) 14, MacDonald et al. teaches the actuator assembly includes: a spring assembly (18) being configured to be selectively compressed and decompressed (by lever 24 and cable 26); and the spring assembly also being configured to biasedly engage, at least in part, a portion of the complementary engagement feature with a portion of said selectable engagement feature (as described above).
Regarding Claim(s) 18, the language of the preamble “An apparatus usable with a first elongated assembly, and the apparatus also usable with a second elongated assembly being movable, at least in part, along an elongated movement axis, relative to the first elongated assembly, the apparatus also usable with spaced-apart engagement features including a selectable engagement feature, and are serially positionable, one after another, in a spaced-apart close intimate arrangement, and also said spaced-apart engagement features being coaxially alignable, at least in part, along said elongated movement axis, the apparatus comprising” is considered to limit the structure of the apparatus, as elements from the preamble, such as “selectable engagement feature”, are including in the body of the claim.
Regarding Claim(s) 18, MacDonald et al. teaches an apparatus usable with a first elongated assembly (boom section 3), and the apparatus also usable with a second elongated assembly (boom section 4) being movable, at least in part, along an elongated movement axis, relative to the first elongated assembly [Col. 3:7-13, “smaller boom section 4 is telescopically received within the larger boom section 3, and can be extended or retracted longitudinally relative thereto”], the apparatus also usable with spaced-apart engagement features (notches 6) including a selectable engagement feature (area bound by notches), and are serially positionable, one after another, in a spaced-apart close intimate arrangement, and also said spaced-apart engagement features being coaxially alignable [col. 3:20-21, “notches 6 longitudinally spaced there along”], at least in part, along said elongated movement axis, the apparatus comprising: a brake assembly including a complementary engagement feature (plate 8 having flanges 12, 14) being configured to be selectively securely engageable with said selectable engagement feature; and the complementary engagement feature also being configured to halt, at least in part, relative movement between the second elongated assembly and the first elongated assembly in response to selective secured engagement between the complementary engagement feature said selectable engagement feature [Col. 4:41-62, “In the event that the chain 40 should break, the restraining reaction provided by the roller 38 acting on the chain is removed, thus permitting release of the compression spring 18 to influence the latch plate 8, and cause a clockwise rotation thereof. Influence of the compression spring 18 is conducted by way of the actuator plate 20. The resultant clockwise rotation of the latch plate 8 causes the forward end of the latch plate to rotate into the ladder structure assembled to the boom section 4. The remote end flanges 12, 14 of the latch plate 8 thereby rotate into the ladder slot 6 as shown in FIG. 5. The above action will serve to limit any further movement of boom section 4 relative to boom section 3”].
Regarding Claim(s) 19, MacDonald et al. teaches said spaced-apart engagement features including spaced-apart grooves (notches 6) defined by an elongated member (plate 5); and the first elongated assembly and the second elongated assembly become selectively securely engageable together at said selectable engagement feature in response to the complementary engagement feature, in use, selectively securely engaging with said selectable engagement feature to thereby halt, at least in part, relative movement between the second elongated assembly and the first elongated assembly (as described above); the spaced-apart engagement features are fixedly mounted to the second elongated assembly (the notches 6 are part of plate 5 which is attached to the boom section 4, see [Col. 3:18-21, “a plate 5 which is attached to an upper surface of boom section 4”]); and the complementary engagement feature is fixedly mounted to the first elongated assembly (by plates 22).
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.
Claim(s) 2, 6, 9, 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bateman et al. as applied to claims 1, 3, 18 above, and further in view of MacDonald et al.
Regarding Claim(s) 2, Bateman et al. teaches said at least some of said brake features of said brake assembly include spaced-apart engagement features (slots 44); and said brake assembly also includes a complementary engagement feature (latch assembly 50) fixedly mounted to the first elongated assembly; and said spaced-apart engagement features and said complementary engagement feature are configured to cooperatively halt, at least in part, relative movement between the first elongated assembly and the second elongated assembly (as described above). Bateman et al. fails to teach the spaced apart engagement features are fixedly mounted to the second elongated assembly, as the slots of Bateman et al. appear to be cut into the second elongated assembly. MacDonald et al. (USPN 4483109) teaches spaced-apart engagement features (notches 6) fixedly mounted to the second elongated assembly (as described above). It would have been obvious before the effective filing date of the claimed invention to a person of ordinary skill in the art to fixedly mount the engagement features to the second elongated assembly as taught by MacDonald. Mounting the engagement features (notches cut into a plate, the plate being mounted) versus cutting engagement features (slots cut from walls) would yield predictable results as mounting and are old and well-known techniques. Mounting the features would provide the added benefit of allowing retrofitting of existing assemblies. Further, mounting a plate would maintain the structural integrity of the second elongated assembly rather than cutting slots into the second elongated member.
Regarding Claim(s) 6, Bateman et al. teaches the limitations described above, yet fails to teach said spaced-apart engagement features include: an elongated member being configured to be mounted to, and along, the elongated length of the second elongated assembly; and said elongated member defining, at least in part, spaced-apart grooves serially aligned along the elongated length of the said elongated member. MacDonald et al. teaches said spaced-apart engagement features include: an elongated member (plate 5) being configured to be mounted to, and along, the elongated length of the second elongated assembly (the notches 6 are part of plate 5 which is attached to the boom section 4, see [Col. 3:18-21, “a plate 5 which is attached to an upper surface of boom section 4”]); and said elongated member defining, at least in part, spaced-apart grooves (notches 6) serially aligned along the elongated length of the said elongated member. It would have been obvious before the effective filing date of the claimed invention to a person of ordinary skill in the art to fixedly mount an elongated member defining grooves to the second elongated assembly as taught by MacDonald. Mounting the elongated member (notches cut into a plate, the plate being mounted) versus cutting engagement features (slots cut from walls) would yield predictable results as mounting and are old and well-known techniques. Mounting the features would provide the added benefit of allowing retrofitting of existing assemblies. Further, mounting a plate would maintain the structural integrity of the second elongated member rather than cutting slots into the second elongated member.
Regarding Claim(s) 9, Bateman et al. teaches the limitations described above, yet fails to teach said spaced-apart engagement features include: an elongated member being configured to be attached, at least in part, to the second structural members of the second elongated assembly; and the elongated member defining, at least in part, spaced-apart grooves aligned along the elongated length of the elongated member. MacDonald et al. teaches said spaced-apart engagement features include: an elongated member (plate 5) being configured to be attached, at least in part, to the second structural members of the second elongated assembly (the notches 6 are part of plate 5 which is attached to the boom section 4, see [Col. 3:18-21, “a plate 5 which is attached to an upper surface of boom section 4”]); and the elongated member defining, at least in part, spaced-apart grooves (notches 6) aligned along the elongated length of the elongated member. It would have been obvious before the effective filing date of the claimed invention to a person of ordinary skill in the art to attach an elongated member defining grooves to the second structural members as taught by MacDonald. Attaching a member having grooves (notches cut into a plate, the plate being mounted) versus cutting engagement features (slots cut from walls) would yield predictable results as mounting and are old and well-known techniques. Mounting the features would provide the added benefit of allowing retrofitting of existing assemblies. Further, attaching a plate would maintain the structural integrity of the second elongated member rather than cutting slots into the second elongated member.
Regarding Claim(s) 19, Bateman et al. teaches said spaced-apart engagement features including spaced-apart grooves (slots 44); and the first elongated assembly and the second elongated assembly become selectively securely engageable together at said selectable engagement feature in response to the complementary engagement feature, in use, selectively securely engaging with said selectable engagement feature to thereby halt, at least in part, relative movement between the second elongated assembly and the first elongated assembly (as described above); and the complementary engagement feature is fixedly mounted to the first elongated assembly (by bracket 52). Bateman et al. fails to teach the spaced-apart grooves defined by an elongated member; and the spaced-apart engagement features are fixedly mounted to the second elongated assembly. MacDonald et al. teaches said spaced-apart engagement features including spaced-apart grooves (notches 6) defined by an elongated member (plate 5); and the first elongated assembly and the second elongated assembly become selectively securely engageable together at said selectable engagement feature in response to the complementary engagement feature, in use, selectively securely engaging with said selectable engagement feature to thereby halt, at least in part, relative movement between the second elongated assembly and the first elongated assembly (as described above); the spaced-apart engagement features are fixedly mounted to the second elongated assembly (the notches 6 are part of plate 5 which is attached to the boom section 4, see [Col. 3:18-21, “a plate 5 which is attached to an upper surface of boom section 4”]); and the complementary engagement feature is fixedly mounted to the first elongated assembly (by plates 22). It would have been obvious before the effective filing date of the claimed invention to a person of ordinary skill in the art to modify Bateman et al. such that the grooves are defined by an elongated member and the spaced-apart engagement features are fixedly mounted to the second elongated assembly as taught by MacDonald. Attaching a member having grooves (notches cut into a plate, the plate being mounted) versus cutting engagement features (slots cut from walls) would yield predictable results as mounting and cutting are old and well-known techniques. Mounting the features would provide the added benefit of allowing retrofitting of existing assemblies. Further, attaching a plate would maintain the structural integrity of the second elongated assembly rather than cutting slots into the second elongated assembly.
Allowable Subject Matter
Claims 15-17 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.
Claim 20 would be allowable if rewritten or amended 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. EP3392548 discloses a brake assembly for telescoping members. USPN 3469712 discloses a brake assembly having an engagement feature (71B) coupled to a tension line (51). USPN 1278742 discloses a brake assembly having an engagement feature (14) coupled to a tension line (25).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM RAY HARP whose telephone number is (571)270-5386. The examiner can normally be reached Monday-Friday, 8am-5pm.
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, MICHAEL MCCULLOUGH can be reached at (571) 272-7805. 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.
/WILLIAM R HARP/Primary Examiner, Art Unit 3653