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 .
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-2 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Jungheinrich (GB 890,134)[provided by Applicant].
Regarding claim 1, Jungheinrich discloses A counterweight assembly for a material handling vehicle (see annotated figs below), the counterweight assembly comprising: a counterweight (generally at 4); a positioning member (generally at 12); and a position adjuster (components within box shown in annotated fig 1 below; generally comprising the linkages of 7-11) that is configured to advance or retreat the positioning member to adjust a distance the positioning member emerges from the counterweight (where the relative distance change is shown between figs 1 and 2) thereby adjusting a position of the counterweight relative to a frame (generally at 2) of the material handling vehicle (see annotated figs below, page 1, line 75 - page 2, line 44).
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Regarding claim 2, Jungheinrich discloses wherein the position adjuster is configured to advance the positioning member until the positioning member contacts the frame to secure the position of the counterweight relative to the frame (position of fig 1).
Response to Arguments
The Terminal Disclaimer filed 7/31/26 is acknowledged. Accordingly, the double patenting rejection is overcome. The only rejections pending are provided above. Claims 15-17 are allowed. Claims 3 and 7-13 are objected to as being dependent on a rejected claim. Claims 4-6 and 14 are withdrawn. Applicant's arguments filed 7/31/26 have been fully considered but they are not persuasive. In particular, Applicant suggests that the non-final Office action mailed 5/18/26 maps the bars 5 to the positioning member. This is incorrect. As noted in the annotated figs of the previous Office action (reproduced below), the positioning member is identified as mast 12.
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Applicant argues that the bars 5 move together with the counterweight 4 and, therefore, cannot teach a position adjuster configured to advance or retreat a positioning member relative to the counterweight as claimed. However, as noted above, this assertion by Applicant that Examiner identifies the positioning member as element 5 of the prior art is incorrect. Accordingly, Applicant’s arguments are moot as they are directed to improper facts which are not part of Examiner’s rejection. Please see the pending rejection above for clarification of Examiner’s assertion on how the prior art teaches the claims.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACOB B MEYER whose telephone number is (571)270-3535. The examiner can normally be reached Monday - Friday 9-7.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, J Allen Shriver can be reached at 303.297.4337. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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JACOB B. MEYER
Primary Examiner
Art Unit 3613
/JACOB B MEYER/Primary Examiner, Art Unit 3613
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