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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 11/27/2023 was filed and the submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
Claim 1 is objected to because of the following informalities: it appears that claim 1, line 3, the word – a – should be inserted before “proximal end.”
Appropriate correction is required.
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 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.
Claims 1, 7, and 8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by the Chinese Publication (CN 2011254992) (see IDS).
RE claim 1, the Chinese Publication (CN 2011254992) discloses a bracket assembly for lifting of an articulated machine at a center point, the bracket assembly (see Figs. 1-7) comprising: a first rigid bracket (20) (see Exhibit A) extending along a longitudinal axis and including proximal end portion for attaching the bracket assembly to the articulated machine and a distal end portion, and a slider bracket (10) including a through-hole (11) for engagement with a lifting hook, the slider bracket is attached to the first rigid bracket at the distal end with a sliding mechanism that is configured to allow for the slider bracket to slide with respect to the first rigid bracket (20) along the longitudinal axis between a default position (see Fig. 1) and a lifting position, wherein in the lifting position the slider bracket reaches further in a distal direction compared to in the default position.
Exhibit A
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RE claim 7, the Chinese Publication lifting bracket (CN 2011254992) shows the though-hole (11) of the slider bracket is fully exposed so that the lifting hook can engage with the hole of the slider bracket.
RE claim 8, the Chinese Publication lifting bracket (CN 2011254992) also teaches a lifting handle (12) attached to one substantially planar side of the slider bracket.
Claims 1-7 and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Silva (6,131,976).
RE claims 1 and 7, Silva (6,131,976) discloses a bracket assembly for lifting of an articulated machine at a center point, the bracket assembly (see Figs. 1-5) comprising: a first rigid bracket (10) (see Exhibit B) extending along a longitudinal axis and including proximal end portion for attaching the bracket assembly to the articulated machine and a distal end portion, and a slider bracket (12) including a through-hole (32) for engagement with a lifting hook, the slider bracket is attached to the first rigid bracket at the distal end with protruding members (22, 22) on the a slider bracket (12) and slots (26, 26) on the a first rigid bracket (10) with guiderails, which can be considered as “a sliding mechanism” that is configured to allow for the slider bracket to slide with respect to the first rigid bracket (10) along the longitudinal axis between a default position (see Fig. 1) and a lifting position, wherein in the lifting position the slider bracket reaches further in a distal direction compared to in the default position.
RE claims 2-4, Fig. 1-5 of Silva’s bracket assembly (6,131,976) teach the first rigid bracket comprises two parallel guide rails to enclose a width of the slider bracket being
arranged at the side edges of the distal end portion of the first rigid bracket wherein
at least one stopper plate arranged on the first rigid bracket to limit the motion of the slider bracket in the proximal direction in the default position.
RE claims 5 and 6, Fig. 1-5 of Silva’s bracket assembly (6,131,976) provide two parallel guide rails, which could be considered as “two stopper plates” arranged oppositely inclined with respect to the longitudinal axis.
Exhibit B
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RE claim 9, Fig. 1 of Silva’s bracket assembly (6,131,976) shows slots (20, 20) in the distal end of the first rigid bracket.
Claim Rejections - 35 USC § 103
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 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 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.
Claims 14 and 15 are rejected under 35 U.S.C. 103 as being unpatentable the Chinese Publication lifting bracket (CN 2011254992) in view of Roetsch et al. (US 2013/0189033) (see IDS).
The Chinese Publication lifting bracket (CN 2011254992), as presented above, does not specifically teach the bracket assembly is provided on an articulated compactor machine. However, Figs. 5 and 6 of Roetsch et al. (US 2013/0189033) show a lifting device (115, 116) being provided on a compactor machine. Thus, it would have been obvious to one of ordinary skill in the mechanical engineering art before the effective filing date of the invention to provide the bracket of the Chinese Publication lifting bracket (CN 2011254992) on the Roetsch et al. machine (US 2013/0189033) to provide a strong and reliable lifting device to a user.
Allowable Subject Matter
Claims 10-13 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAUL T CHIN whose telephone number is (571) 272-6922. The examiner can normally be reached on M-F 8:00-4:30 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert Hodge, can be reached on (571) 272-2097. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PAUL T CHIN/Primary Examiner, Art Unit 3654
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