Prosecution Insights
Last updated: April 19, 2026
Application No. 18/441,813

LIFT DEVICE

Non-Final OA §102
Filed
Feb 14, 2024
Examiner
TRAN, DIEM M
Art Unit
3654
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Oshkosh Corporation
OA Round
1 (Non-Final)
80%
Grant Probability
Favorable
1-2
OA Rounds
2y 8m
To Grant
93%
With Interview

Examiner Intelligence

Grants 80% — above average
80%
Career Allow Rate
516 granted / 649 resolved
+27.5% vs TC avg
Moderate +14% lift
Without
With
+13.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
25 currently pending
Career history
674
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
36.5%
-3.5% vs TC avg
§102
40.3%
+0.3% vs TC avg
§112
21.2%
-18.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 649 resolved cases

Office Action

§102
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 . This is the First Office Action on the merits of Application No. 18/441813, filed on 02/14/2024. Claims 1-20 are still pending in the application. 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, 10, 17 and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent No. 4,390,080 to Bushnell (henceforth referred to as Bushnell). Regarding claims 1-3, Bushnell discloses a lift device (i.e. Fig. 1), comprising: a base (i.e. Fig. 1, ref. 20); a mast assembly (i.e. Fig. 4, ref. 30, 31, 32) coupled to the base; a platform assembly (i.e. Fig. 3, ref. 26) pivotally coupled to the mast assembly (i.e. Fig. 3, dotted line – solid line of 74); a guardrail assembly (i.e. Fig. 3, ref. 74) pivotally coupled to the mast assembly (i.e. Fig. 3, dotted line – solid line of 74); and an outrigger assembly (i.e. Fig. 2) including: a front outrigger leg (i.e. See Mark up of Fig. 2) pivotally coupled (i.e. Fig. 2, dotted line – solid line of ref. 58) to a side of the base and including a front foot (i.e. Fig. 2, ref. 60); a rear outrigger leg (i.e. See Mark up of Fig. 2) pivotally coupled (i.e. Fig. 2, dotted line – solid line of ref. 72) the side of the base and including a rear foot (i.e. Fig. 2, ref. 61), wherein the front outrigger leg and the rear outrigger leg are both pivotally movable between a deployed position where the front foot and the rear foot engage a ground (i.e. Fig. 2 when legs, ref. 58, are extended and the feet, ref. 61, 60 engage the ground) and a stowed position (i.e. Column 4, lines 49-50: “when the tower 22 is in the lowered position and the outrigger arms 58 are fully retracted”) where the front foot and the rear foot are pivoted away from the ground; and a locking assembly (i.e. Fig. 2, ref. 56, 70, 68) configured to selectively lock the front outrigger leg in the deployed position, wherein the front outrigger leg is locked in the deployed position, wherein when the front outrigger leg is locked in the deployed position by the locking assembly, the rear outrigger leg is prevented from pivoting from the deployed position to the stowed position (i.e. Mark up of Fig. 2, both front and rear legs are locked, thus both are prevented from engaging the stowed position). Wherein the locking assembly includes a locking slot formed in the front outrigger leg and an outrigger bar (i.e. Fig. 2, ref. 70) extending through the base (i.e. column 5, lines 6-7: “locking pins 70 on the sleeves 56” wherein sleeves 56 are part of the base, ref. 20). Wherein when the front outrigger leg is in the deployed position, an end of the outrigger bar is received within the locking slot so that the front outrigger leg is locked in the deployed position and prevented from pivoting to the stowed position (i.e. Column 5, lines 5-7: “outrigger arms are locked in forwardly extended diverging position by the locking pins 70”). PNG media_image1.png 482 642 media_image1.png Greyscale Regarding claim 10, Bushnell discloses a lift device (i.e. Fig. 1), comprising: a base (i.e. Fig. 1, ref. 20); a mast assembly (i.e. Fig. 4, ref. 30, 31, 32) coupled to the base; a platform assembly (i.e. Fig. 3, ref. 26) pivotally coupled to the mast assembly (i.e. Fig. 3, dotted line – solid line of 74); a guardrail assembly (i.e. Fig. 3, ref. 74) pivotally coupled to the mast assembly (i.e. Fig. 3, dotted line – solid line of 74); and an outrigger assembly (i.e. Fig. 2) including: a front outrigger leg (i.e. See Mark up of Fig. 2) pivotally coupled (i.e. Fig. 2, dotted line – solid line of ref. 58) to a side of the base and including a front foot (i.e. Fig. 2, ref. 60); a rear outrigger leg (i.e. See Mark up of Fig. 2) pivotally coupled (i.e. Fig. 2, dotted line – solid line of ref. 72) the side of the base and including a rear foot (i.e. Fig. 2, ref. 61), wherein the front outrigger leg and the rear outrigger leg are both pivotally movable between a deployed position where the front foot and the rear foot engage a ground (i.e. Fig. 2 when legs, ref. 58, are extended and the feet, ref. 61, 60 engage the ground) and a stowed position (i.e. Column 4, lines 49-50: “when the tower 22 is in the lowered position and the outrigger arms 58 are fully retracted”) where the front foot and the rear foot are pivoted away from the ground; and a locking assembly (i.e. Fig. 2, ref. 56, 70, 68) including: a locking slot (i.e. Fig. 1, ref. 71) formed in the front outrigger leg; and an outrigger bar (i.e. Fig. 2, ref. 70) extending through the base, wherein when the front outrigger leg is in the deployed position, an end of the outrigger bar is received within the locking slot so that the front outrigger leg is locked in the deployed position and prevented from pivoting to the stowed position (i.e. Column 5, lines 5-7: “outrigger arms are locked in forwardly extended diverging position by the locking pins 70”). Regarding claims 17 and 20, Bushnell discloses a lift device (i.e. Fig. 1), comprising: a base (i.e. Fig. 1, ref. 20); a mast assembly (i.e. Fig. 4, ref. 30, 31, 32) coupled to the base; a platform assembly (i.e. Fig. 3, ref. 26) pivotally coupled to the mast assembly (i.e. Fig. 3, dotted line – solid line of 74); a guardrail assembly (i.e. Fig. 3, ref. 74) pivotally coupled to the mast assembly (i.e. Fig. 3, dotted line – solid line of 74); and an outrigger assembly (i.e. Fig. 2) including: a front outrigger leg (i.e. See Mark up of Fig. 2) pivotally coupled (i.e. Fig. 2, dotted line – solid line of ref. 58) to a side of the base and including a front foot (i.e. Fig. 2, ref. 60); a rear outrigger leg (i.e. See Mark up of Fig. 2) pivotally coupled (i.e. Fig. 2, dotted line – solid line of ref. 72) the side of the base and including a rear foot (i.e. Fig. 2, ref. 61), wherein the front outrigger leg and the rear outrigger leg are both pivotally movable between a deployed position where the front foot and the rear foot engage a ground (i.e. Fig. 2 when legs, ref. 58, are extended and the feet, ref. 61, 60 engage the ground) and a stowed position (i.e. Column 4, lines 49-50: “when the tower 22 is in the lowered position and the outrigger arms 58 are fully retracted”) where the front foot and the rear foot are pivoted away from the ground; and wherein the front outrigger leg is pivotally coupled to the side of the base at a first outrigger pivot axis (i.e. Column 5, lines 1-3: the sleeves can be swung outwardly on the pivot bolts.. until they engage the outer extends of the retaining brackets”), and the rear outrigger leg is pivotally coupled to the side of the base at a second outrigger pivot axis that is spaced from the first outrigger pivot axis (i.e. See Mark up of Fig. 2, front and rear leg are spaced apart and both are pivotable). Further comprising a locking assembly (i.e. Fig. 2, ref. 56, 70, 68) configured to selectively lock the front outrigger leg in the deployed position, wherein when the front outrigger leg is locked in the deployed position by the locking assembly, the rear outrigger leg is prevented from pivoting from the deployed position to the stowed position (i.e. Mark up of Fig. 2, both front and rear legs are locked, thus both are prevented from engaging the stowed position). Allowable Subject Matter Claims 4-9, 11-16, 18-19 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US Patent No. 4,061,237 to Austin et al teaches a mast assembly with a lockable and pivotable front and rear leg but does not teach pivotable platform and guard assembly; US Patent No. 5,174,415 to Neagle et al teaches a mast assembly with a lockable front leg and a rear leg but does not teach a pivotable platform and guard assembly; US Patent No. 4,015,686 to Bushnell teaches a mast assembly with pivotable front legs but does not teach a pivotable platform and guard assembly. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DIEM M TRAN whose telephone number is (571)270-7825. The examiner can normally be reached M 9-5, W-F 10-2. 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 Mansen can be reached at 571-272-6608. 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. /DIEM M TRAN/Examiner, Art Unit 3654
Read full office action

Prosecution Timeline

Feb 14, 2024
Application Filed
Mar 12, 2026
Non-Final Rejection — §102 (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
80%
Grant Probability
93%
With Interview (+13.6%)
2y 8m
Median Time to Grant
Low
PTA Risk
Based on 649 resolved cases by this examiner. Grant probability derived from career allow rate.

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