DETAILED ACTION
This is a Non-final Office Action on the merits for U.S. App. 18/449,123.
Claims 1-20 are pending.
Claims 1-20 are examined.
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 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.
Claim 15 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 15 defines “the first side” and “the second side,” which lack antecedent basis and render the claimed invention indefinite since one of ordinary skill in the art would not know what sides of what element are being referred to in such instances. For examining purposes and in light of the specification and drawings, the first and second sides are considered the sides of the coupling.
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, 2, and 10-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Estes (U.S. Publication 2005/0051545).
Regarding claim 1, Estes discloses a sub-frame for a hook-lift skid (see figure 5), the sub-frame comprising:
a sub-frame body (the body formed by rails #24) having a top end (the top end of the vertical portions of rails #24 of figure 1) and a bottom end (the bottom end which is rounded and transitions the vertical portion to the horizontal portion of rail #24);
a coupling (#50) at the top end (see figure 1);
wherein the coupling has an adjustable portion (#58), the adjustable portion moveable between a first state at a first distance from the bottom end and a second state at a second distance from the bottom end (see figures 1 and 2, where holes #62 allow the portion #58 to move vertically at different positions to allow for different height positions of the portion #58 relative to the bottom end).
Regarding claim 2, Estes discloses the adjustable portion comprise a bar (#70) extending between a first mounting plate (the left plate #72 of figure 1) and a second mounting plate (the right plate #72 of figure 1).
Regarding claim 10, Estes discloses the coupling is sized to receive a hook of the hook-lift skid (see figure 5).
Regarding claim 11, Estes discloses the sub-frame body comprises a first leg (the left vertical leg of rail #24 of figure 1) spaced apart from a second leg (the right vertical leg of rial #24 of figure 1), the coupling joins the first leg and the second leg at the top end (see figure 1).
Regarding claim 12, Estes discloses the first leg extends from the coupling to contact a first rail at the bottom end and the second leg extends from the coupling to contact a second rail at the bottom end, the first rail and the second rail extending parallel to one another and in a direction extending away from the first leg and the second leg (as depicted in figure 1, the legs can be considered the vertical portions extending between rails #24 and coupling #50, where the coupling #50 extends from a top of such legs and the rails #24 extend from the bottom end of each leg and extend parallel and horizontally away therefrom).
Regarding claim 13, Estes discloses the first leg and the second leg extend away from one another in extension from the top end to the bottom end such that a first width at the top end measured between the first leg and the second leg is less than the second width at the second leg measured between the first leg and the second leg (see figure 1, where the legs extend from a narrow width where they attach to coupling #50 down and outwardly away from one another at their bottom ends in order to form the A-shaped frame structure).
Regarding claim 14, Estes discloses opposite sides (#54 and #56) of the coupling extend parallel to one another (see figure 2) such that a constant width is created between the opposite sides (see figures 1 and 2).
Regarding claim 15, Estes discloses a first leg longitudinal axis is defined by the first leg (the axis that extends along the first, left leg length of figure 1); a second leg longitudinal axis is defined by the second leg (the axis that extends along the second, right leg length of figure 1); a first side longitudinal axis is defined by the first side (the left side #54 of the coupling comprises of a vertical length axis); a second side longitudinal axis is defined by second side (the right side #56 of the coupling comprises of a vertical length axis); wherein the first leg longitudinal axis and the first side longitudinal axis extend transverse one another and the second leg longitudinal axis and the second side longitudinal axis extend transverse to one another (see figure 1, where the leg and side axes intersect one another at an angle so as to be considered to extend transverse one another as broadly defined).
Regarding claim 16, Estes discloses the adjustable portion is moveable between the first state and a third state at a third distance from the bottom end, the third distance is different than the first distance and the second distance, and the adjustable portion is moveable between the second state and the third state (figures 1 and 2 depict four separate holes #62, where any three sets of the holes #62 can be considered the three different distances and states which the adjustable portion can maintain during use).
Regarding claim 17, Estes discloses a sub-frame for use with hook-lift skids having hooks at different jib heights (see figure 5), the sub-frame comprising:
an A-frame (the frame formed by rails #24 and vertical leg portions extending therefrom);
a coupling (#58) at the top end of the A-frame (see figure 1);
wherein the coupling has a first state mounted to a first mounting area at a top of the A-frame and a second state mounted to a second area at the top of the A-frame (see figures 1 and 2, where holes #62 allow the coupling #58 to move vertically at different positions to allow for different height positions of the coupling #58 relative to the frame).
Regarding claim 18, Estes discloses the first mounting area defines a first distance from the bottom of the A-frame and the second mounting area defines a second distance from the bottom of the A-frame (see figures 1 and 2, where the top two sets of holes #62 provide mounting areas with two different heights from the bottom of the A-frame when portion #58 is mounted at such holes).
Regarding claim 19, Estes discloses the coupling comprises: a bar (#70) defining a central longitudinal bar axis (the axis that extends along bar of figure 2); a first end of the bar (the left end of figure 2); a first mounting plate (the left plate #72 of figure 2) at the first end (see figure 2); a second end of the bar (the right end of figure 2); a second mounting plate (the right plate #72 of figure 2) at the second end (see figure 2); wherein the bar extends longitudinally between the first mounting plate and the second mounting plate (see figure 2).
Regarding claim 20, Estes discloses removable fasteners (#60) fasten the coupling to the first mounting area in the first state and the removable fasteners fasten the coupling to the second mounting area in the second state (see figure 2).
Claim(s) 1-5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by a different interpretation of Estes.
Regarding claim 1, Estes discloses a sub-frame for a hook-lift skid (see figure 6), the sub-frame comprising:
a sub-frame body (the body formed by rails #24 of figure 6, similar to those as depicted in figure 1) having a top end (the top end of the vertical portions of rails #24 of figure 6) and a bottom end (the bottom end which is rounded and transitions the vertical portion to the horizontal portion of rails #24 of figure 6);
a coupling (#150) at the top end (see figure 6);
wherein the coupling has an adjustable portion (#158), the adjustable portion moveable between a first state at a first distance from the bottom end and a second state at a second distance from the bottom end (see figures 6 and 7, where slots #106 allow the portion #158 to move vertically at different positions to allow for different height positions of the portion #158 relative to the bottom end).
Regarding claim 2, Estes discloses the adjustable portion comprises a bar (#170) extending between a first mounting plate (#154) and a second mounting plate (#156).
Regarding claim 3, Estes discloses the bar extends axially through the first and the second mounting plates (see figure 6) such that axially extending ends of the bar are received into mounting notches defined by an outer peripheral surface of opposite sides of the coupling (the mounting plates #154 and #156 are considered to form the outer peripheral surface of the C-shaped coupling #150 with respective notches #106 formed therein so that the bar #170 extends into respective notches #106).
Regarding claim 4, Estes discloses a first pair of axially aligned mounting notches (the second topmost notches #106 of figure 7) receive the bar in the first state and a second pair of axially aligned notches (the second bottommost notches #106 of figure 7) different than the first pair receive the bar in the second state (see figures 6 and 7).
Regarding claim 5, Estes discloses the mounting notches are defined between adjacent through holes defined by opposite sides of the coupling (the respective notches #106 can be considered formed between pairs of through holes #108 that extend above and below such notches #106).
Allowable Subject Matter
Claims 6-9 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.
The following is a statement of reasons for the indication of allowable subject matter: Estes teaches the coupling #150 and mounting plates #154 and #156 are integrally formed with one another. Though one of ordinary skill in the art could use removable fasteners instead of welds to connect the coupling and mounting plates to one another, such a modification to Estes would not comprise of mounting notches defined by an outer peripheral surface of opposite sides of the coupling and modifying Estes to meet each and every feature of the claimed invention could only be done through impermissible hindsight.
Furthermore, the assembly of figure 2 of Estes fails to disclose mounting notches on the outer peripheral surface of the coupling #50 which the bar #70 is to be received within and modifying such an embodiment to meet each and every feature as presently defined could only be done through impermissible hindsight.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THEODORE V ADAMOS whose telephone number is (571)270-1166. The examiner can normally be reached Monday - Friday 9-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian D Mattei can be reached at (571) 270-3238. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THEODORE V ADAMOS/Primary Examiner, Art Unit 3635