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 .
Information Disclosure Statement
The listing of references in the specification is not a proper information disclosure statement. 37 CFR 1.98(b) requires a list of all patents, publications, or other information submitted for consideration by the Office, and MPEP § 609.04(a) states, "the list may not be incorporated into the specification but must be submitted in a separate paper." Therefore, unless the references have been cited by the examiner on form PTO-892, they have not been considered.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: 261. 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. 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.
Reference characters 270/270 and 230/231 are used interchangeably in the drawings to designate either castors or scissor ends. 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. 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.
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 11 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 11 recites the limitation "the lower frame" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 11 recites the limitation "the unsupported corner" in line 2. There is insufficient antecedent basis for this limitation in the 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 8-11 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Mather US 1,840,591.
Regarding claim 8, Mather discloses a height-adjustable platform comprising: a base frame (37); a slider frame assembly (Mather, page 2: lines 55-61) slidably mounted on the base frame; a lifting mechanism attached to said base frame for moving said slider frame relative to said base frame (Mather, page 1: lines 86-94); and a scissor mechanism (30, 31) having a first beam and a second beam connected to the first beam with a pivot mechanism (32), wherein the first beam has a lower end (31a) connected to the base frame by a lower sliding connection located near a corner of the base frame without a lifting mechanism and a second end connected to the slider frame by an upper pivoting connection (35) located near the lifting mechanism.
Regarding claim 9, Mather further discloses the second beam having a lower end connected to the base frame by a lower pivoting connection (34) located near the lifting mechanism and a second end connected to the slider frame by an upper sliding connection (30a) (Mather, Figure 5) for providing support for the slider frame.
Regarding claim 10, Mather discloses a height-adjustable platform comprising: a base frame (37); a slider frame assembly (Mather, page 2: lines 55-61) slidably mounted on the base frame; a lifting mechanism attached to said base frame for moving said slider frame relative to said base frame (Mather, page 1: lines 86-94); and a scissor mechanism (30. 31) having a first beam and a second beam connected to the first beam with a pivot mechanism (32), wherein the first beam has a lower end connected to the base frame by a lower sliding connection (31a) located near a corner of the base frame without a lifting mechanism and a second end connected to the slider frame by an upper pivoting connection (35) located near the lifting mechanism; and wherein the second beam has a lower end connected to the base frame by a lower pivoting connection (54) located near the lifting mechanism and a second end connected to the slider frame by an upper sliding connection (30a) (Mather, Figure 5) for providing support for the slider frame.
Regarding claim 11, Mather further discloses the scissor mechanism also acts on the unsupported corner to lift the lower frame up when the lifting mechanism is lowered (as best understood)(Mather, Figure 1).
Allowable Subject Matter
Claims 1-7 and 12 are allowed.
The following is a statement of reasons for the indication of allowable subject matter:
Mather teaches legs 12 which surround the lifting mechanism, teaching away from at least one leg being without the lifting mechanism.
The prior art does fails to disclose or suggest the claimed invention wherein the slider frame comprises castors.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: US 9,212,038.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KRISTEN C HAYES whose telephone number is (571)272-7881. The examiner can normally be reached M-F 8am-6pm.
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/KRISTEN C HAYES/Primary Examiner, Art Unit 3642