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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-5 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of copending Application No. 18521599 in view of Safakhah (20020149536). Application 18521599 claims a tilt tower comprising a mast, swing arm with hollow interior tube and bearing rotatably coupling, the bearing have all the same claimed components of the presently pending application including a bearing seat, a hollow axle, a sealed roller bearing, and a flange. The application does not claim a second swing arm having the claimed bearing and components. Safakhah discloses is it is known to have a second swing arm. Accordingly, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to add a second swing arm rotatably coupled with the bearing components of Application 18521599 to provide the predictable result of adding additional accessories to the tower.
This is a provisional nonstatutory double patenting rejection.
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) 1,9,11,15 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Safakhah (20020149536).
Claim 1. Safakhah discloses a tilt tower, comprising:
a mast (1) fixed to ground;
a first swing arm (one of 3 figures 1-3c);
a first bearing (at 4) rotatably coupling the first swing arm to a first side of an upper end of the mast;
a second swing arm (another of the plurality of 3); and
a second bearing (at 4) rotatably coupling the second swing arm to a second side of the upper end of the mast opposing the first side of the upper end of the mast (as seen in figures 1-3C).
Claim 9. The tilt tower of claim 1, wherein at least one of the first and second swing arms is a single structure (as noted in the figures and disclosure).
Claim 11. Safakhah discloses a tilt tower, comprising:
a mast (1) fixed to ground;
a first swing arm (one of 3); a first bearing (at 4) rotatably coupling the first swing arm to a first side of an upper end of the mast;
a second swing arm (another 3);
a second bearing (at 4) rotatably coupling the second swing arm to a second side of the upper end of the mast opposing the first side of the upper end of the mast (as seen in the figures); and
a locking assembly coupling a respective swing arm to the mast, wherein each locking assembly includes: a first member (9) coupled to the mast; a second member (fork, not shown as described at paragraph 0049) coupled to the respective swing arm; and a removable fastener (bolt or pin as noted at paragraph 0049) for selectively coupling the first member to the second member to lock the respective swing arm relative to the mast in an operative position of the tilt tower, and removable to allow rotation of the respective swing arm relative to the mast.
Claim 15. The tilt tower of claim 11, wherein at least one of the first and second swing arms is a single structure (as noted in the figures and disclosure).
Claim Rejections - 35 USC § 103
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.
Claim(s) 2,3,4,5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Safakhah (20020149536) in view of Anderson (20230358069) and further in view of Bermingham (2878084).
Claims 2,5. Safakhah discloses the tilt tower of claim 1, but does not expressly disclose wherein the swing arm includes a tube having a hollow interior, or that the first bearing and the second bearing each include: a bearing seat coupled to a respective side of the upper end of the mast; an axle coupled to an exterior surface of the respective swing arm, wherein each bearing seat includes a first portion including a first hemispherical bearing surface and a second portion including a second hemispherical bearing surface, wherein the first portion and the second portion collectively form a respective circular bearing surface; and a sealed roller bearing between the respective axle and the respective bearing seat.
Anderson discloses a tilt tower (10) having a mast (12) and a swing arm (14) including a tube having a hollow interior and a bearing (at 16) rotatably coupling the swing arm to a side of an upper and of the mast, the bearing including
a bearing seat (40-46) coupled to a respective side of the upper end of the mast;
an axle (16) having a flange (28) coupled to an exterior surface of the respective swing arm, wherein each bearing seat includes a first portion (one of 42 or 40) including a first hemispherical bearing surface and a second portion (the other of 42 or 40) including a second hemispherical bearing surface, wherein the first portion and the second portion collectively form a respective circular bearing surface (as seen in figures 5-6); and wherein each bearing seat at least partially encloses the respective flange.
Safakhah or Anderson do not expressly disclose a sealed roller bearing between the respective axle and the respective bearing seat.
Bermingham discloses a sealed roller bearing for use between relatively rotatable parts (page 1, lines 15-19).
Accordingly, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to pursue known design options and modify the tilt tower of Safakhah to have the swing arm be a tube having a hollow interior to achieve the predictable result of improving the bearing connection; and
To modify the axle to have a flange wherein each bearing seat at least partially encloses the respective flange to achieve the predictable result of securely attaching the axle to the bearing seat as taught by Anderson. And further to modify the first and second rotatable bearings of Safakhah to have a bearing seat having a first and second hemispherical portion forming a circular bearing surface and an axle as taught by Anderson and to modify further to have a sealed roller bearing as taught by Bermingham to achieve the predictable result of a rotatable bearing that is easily operated to facilitate ease of use and maintain fluid tight seal between the mast and the swing arm to reduce damage and wear and tear of the bearing maintaining ease of use.
Claim 3. The tilt tower of claim 2, wherein the first portion of each bearing seat is permanently fixed to the respective side of the upper end of the mast (where it is can be attached by welding paragraphs 0039-0046), and the second portion of each bearing seat is selectively removable from the respective side of the upper end of the mast (where it can be attached with bolts paragraphs 0039-0046).
Claim 4. The tilt tower of claim 2, wherein each axle includes a hollow interior (as noted in Anderson), and each swing arm includes a tube having an interior (Safakhah modified by Anderson in claim 2 above), wherein the hollow interior of the respective axle is open to the interior of the tube of the respective swing arm through an opening in a side of the respective swing arm (Safakhah modified by Anderson where Anderson discloses at paragraphs 0047-0048).
Claim(s) 7,8,10,13,14,16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Safakhah (20020149536) in view of Anderson (20230358069)
Claims 7,13. Anderson discloses the tilt tower of claims 1,11 respectively, but does not disclose wherein the first swing arm and the second swing arm include a substantially rectangular cross-sectional area.
Anderson discloses that swing arms can be any cross section including rectangular.
Accordingly, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to pursue known design options and modify the cross sectional area of the swing arm of Safakhah to be substantially rectangular as taught by Anderson to achieve the predictable result of a swing arm that is easily manufactured and sourced and can have various attachments, where rectangular provides surfaces for attachments such as antennas.
Claims 8,10 and 14,16. Safakhah discloses the tilt tower of claims 1,11 respectively, but does not expressly disclose wherein the first swing arm and the second swing arm have different lengths.
Anderson discloses that swing arms may be different and may have two or more section coupled together telescopically (paragraphs 0049-0052).
Accordingly, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to pursue known design options and modify the first and second swing arms to have different lengths, as suggested by Anderson (where telescopically coupled allows for adjustment of length), to achieve the predictable result of swing arms that are able to have different antenna or accessory attachments to achieve a desired intended use, where adjustability and variation in swing arm length allows for rotatable swinging without interference from the additional swing arms.
Claim(s) 17-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Safakhah (20020149536) in view of Gills (2779569) and in view of Giles 5305576).
Claim 17. Safakhah discloses a tilt tower, comprising:
a mast (1) fixed to ground; a first swing arm (one of 3) having a first length;
a first bearing (at 4) rotatably coupling the first swing arm to a first side of an upper end of the mast;
a second swing arm (another 3) having a second length; a second bearing (at 4) rotatably coupling the second swing arm to a second side of the upper end of the mast opposing the first side of the upper end of the mast (as seen in the figures); and an adjustable counterweight (8) system at an end of each swing arm.
Safakhah does not disclose an adjustable counterweight (8) system in an interior of an end of each swing arm.
Gills discloses a counterweight system (16) that is disposed in an interior of a tubular member (10).
Accordingly, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to pursue known design options and modify the counterweight system of Safakhah to be in an interior of an end of each swing arm to achieve the predictable result of protecting the weights from damage resulting from exposure to weather and the elements, thereby prolonging the usefulness and easy of use of the counterweight system.
Safakhah does not disclose the second swing arm having a second length less than the first length.
Giles discloses a tilt tower having a first swing arm with a first length (at 54a) and a second swing arm with a second length (at 54b or 54c), where the second length is less than the first length.
Accordingly, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to pursue known design options and modify the length of the second swing arm to be less than the length of the first swing arm to achieve the predictable result accommodating various accessory attachments and swinging of multiple of arms, where a longer length will extend past a shorter length.
Claim 18. The tilt tower of claim 17, wherein each adjustable counterweight system includes: an elongated member (the threaded rod of Safakhah paragraph 0050-0053) within an interior of each respective swing arm (Safakhah modified by Gills) and configured to receive a plurality of weights (as noted in Safakhah paragraph 0050-0053); and an actuator (where Safakhah discloses they are adjustable, the adjustability therefore has an actuator to effect adjustment) operatively coupled to the elongated member and allowing adjustment of a position of the respective plurality of weights along a respective elongated member.
Claim 19. The tilt tower of claim 18, wherein the respective elongated member extends partially along a longitudinal extent of the respective swing arm (where it is in an interior as modified by Gills and therefore extends partially along a longitudinal extent of the swing arm).
Claim 20. The tilt tower of claim 18, further comprising an opening in each swing arm (Safakhah does not expressly disclose an opening, however does disclose the number of plates can be adjusted, indicated access via an opening to the plates for addition or removal; and further where Gills disclose an opening 10 for access to the weight 16), each opening configured to allow a weight of the respective plurality of weights to be added or removed from the respective elongated member of the respective adjustable counterweight system.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Safakhah (20020149536) in view of Giles (5305576).
Claim 12. Safakhah discloses the tilt tower of claim 11, but does not expressly wherein the first bearing is coupled to the mast vertically above the second bearing and wherein the swing arms are different lengths.
Giles discloses a tilt tower having a mast 52 and a plurality of swing arms (54a-c) rotatably coupled to the mast and further discloses the first swing arm is coupled vertically above the second swing, where in the swing arms have different lengths.
Accordingly it would have been obvious to one of ordinary skill in the art at the time the invention was filed to pursue known design options and modify the bearings of Safakhah to have the first bearing coupled to the mast vertically above the second bearing and where the swing arms are different lengths, to achieve the predictable result of adjustability for accessory attachment for an intended use, where vertically displacing the first and second bearing and different lengths allows the swing arms to avoid interference during rotation.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Safakhah (20020149536) in view of Pannekoek (20180231224).
Claim 6. Safakhah discloses the tilt tower of claim 1,but does not disclose further comprising a rotation limiter including: a first member extending radially from an exterior surface of a respective axle; a second member extending from the mast at a position to engage the first member at a first predetermined rotational angle of a respective swing arm relative to the mast in a first rotational direction; and a first energy absorber element on at least one of the first member and the second member to absorb energy when the respective swing arm rotates to the predetermined rotational angle and the first member and the second member meet to prevent further rotation.
Pannekoek discloses a rotation limiter (90) including: a first member (98 including at least one 96) extending radially from an exterior surface (98 which is the rotation member);
a second member (94 or 92) extending from the mast at a position to engage the first member at a first predetermined rotational angle of a respective swing arm relative to the mast in a first rotational direction (as noted at paragraphs 0058-0065); and
a first energy absorber element (100 and/or the other 96) on at least one of the first member and the second member to absorb energy (where 96 is designed to absorb energy upon impact with 94 or 92) when the respective swing arm rotates to the predetermined rotational angle and the first member and the second member meet to prevent further rotation.
Accordingly, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to pursue known design options and modify the tilt tower of Safakhah to have a rotation limiter including a first member extending radially from an exterior surface of a respective axle; a second member extending from the mast at a position to engage the first member at a first predetermined rotational angle of a respective swing arm relative to the mast in a first rotational direction; and a first energy absorber element on at least one of the first member and the second member to absorb energy when the respective swing arm rotates to the predetermined rotational angle and the first member and the second member meet to prevent further rotation, as taught by Pannekoek to achieve the predictable result of preventing the swing arms from continuously rotating around, whereby they are able to stop at rest at the desired rotation angle facilitating easy access by a user.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JESSICA LAUX whose telephone number is (571)272-8228. The examiner can normally be reached M-F 7:30-3:30.
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JESSICA L. LAUX
Examiner
Art Unit 3635
/JESSICA L LAUX/Primary Examiner, Art Unit 3635