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 information disclosure statements (IDSs) submitted 8/25/2023 and 9/6/2023 have been received and considered.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, a) the reinforcement part and the transition portion connected by a butt joint so that an end face of the transition portion bears on an end face of the reinforcement part from claims 1 and 15; and b) the reinforcement part and the first portion of the lateral part connected by a butt joint from claim 3 must be shown or the feature(s) canceled from the claim(s). Figure 12 appears to show a cross-sectional view of the device along “A-A” from figure 5. However, the reinforcement part (40) in figures 3 and 5 appears to be adjacent to the upper and lower chords of the boom arm segment (30). There is no cross-hatching in figure 12 for the reinforcement part (40) depicted adjacent (on each side) to the boom arm segment. Rather, the reinforcement part appears to be behind the boom arm segment in figure 12, which does not appear to be the case in figures 3 and 5. It is unclear where the reinforcement part and the transition portion connected by a butt joint so that an end face of the transition portion bears on an end face of the reinforcement part joint is located. It is noted that the sectional view “A-A” from figure 5 (depicted as figure 12) is not located at the terminal end of the device per figure 5. No new matter should be entered.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: 58 from figure 6.
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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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.
Claims 2, and 10-14 are 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 2 recites “the connection between the reinforcement part and the lateral part”. However, there was no previous recitation of a connection between these two components. The only connections previously recited are between the first portion and second portion and between the reinforcement part and the transition portion. Both found in claim 1. It is unclear if applicant is intending to claim an additional connection between the reinforcement part and the lateral part in claim 2 or if the applicant is intending to refer to one of the connections recited in claim 1.
Claim 10 recites “an upper chord”, “a lower chord”, and “two lateral parts” in lines 3-4. However, these limitations were already previously introduced in claim 1. Thus, it is unclear in claim 10 how many upper chords, lower chords, and lateral parts are intending to be claimed.
Claim 10, it is unclear if the “upper transition portion” is referring to the same feature as the “transition portion” from claim 1 or not.
Claim 10, it is unclear if the “lower transition portion” is referring to the same feature as the “transition portion” from claim 1 or not.
Claims 11-13 are rejected due to their dependency on claim 10.
Claim 14, it is unclear if the “first reinforcement part” is referring to the same feature as the “reinforcement part” from claim 1 or not. Likewise, it is unclear how many total reinforcement parts are intending to be claimed due to the further recitation of “a second reinforcement part”.
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) 1-12 and 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yamaguchi et al. (U.S. 2004/0161326).
Yamaguchi discloses a boom-arm segment for a concrete pump, wherein the boom-arm segment comprises a lateral part (9a, 9b) which extends between an upper chord (10a), and a lower chord (11d) of the boom-arm segment, and wherein configured in the lateral part is a bent edge (notice the inward bend at 13a, 13b, 13c and 13d in fig. 1B) so that a first portion (such as the surface at 10b, 10c, 11b, 11c) of the lateral part has a lateral offset relative to a second portion (the vertical surfaces of the narrower portions of 9a and 9b) of the lateral part, and having a transition portion (at 13a-13c, the horizontally extending portions between the wider portions at 10b, 10c, 11b, 11c and the narrower portions toward 10d and 11a) which forms a connection between the first portion and the second portion (fig. 1B), wherein the boom-arm segment has a reinforcement part (12a, 12b), with a material thickness bridging the lateral offset between the first portion and the second portion (best shown in fig. 2E), and wherein the reinforcement part and the transition portion are connected by way of a butt joint so that an end face of the transition portion bears on an end face of the reinforcement part (best shown in fig. 2E, notice 12a and 12b abutting against 9a and 9b at the areas of 16a-16d and thus interpreted to form a butt joint), and the reinforcement part adjoins the transition portion in a longitudinal direction (fig. 2E).
Regarding claim 2, Yamaguchi further discloses wherein the connection between the reinforcement part and the lateral part is a welded connection (para. 42 describing the welds at 16a-16d).
Regarding claim 3, Yamaguchi further discloses wherein the reinforcement part and the first portion of the lateral part are connected by a butt joint (best shown in fig. 2E, notice 12a and 12b abutting against 9a and 9b at the areas of 16a-16d and thus interpreted to form a butt joint).
Regarding claim 4, Yamaguchi further discloses wherein the reinforcement part overlaps the second portion of the lateral part (notice the overlap in the vertical direction of 12a and 12b with the narrower portions of 9a and 9b).
Regarding claim 5, Yamaguchi further discloses wherein the reinforcement part is connected to the second portion of the lateral part by a weld seam (the weld seams at 16c and 16d) which extends along a portion of an encircling edge of the reinforcement part (the edges of 12a and 12b at the area of 16c and 16d).
Regarding claim 6, Yamaguchi further discloses wherein the first portion forms a peripheral portion of the lateral part, which peripheral portion is contiguous to the upper chord or the lower chord of the lateral part (see fig. 2E, notice how the outer surface of the first portion is level with the outer surface of the surface of the lateral part in the vertical direction).
Regarding claim 7, Yamaguchi further discloses wherein the second portion forms a central portion of the lateral part (when welded together as shown in fig. 2E, notice how the second portion at 13a-d is located more centrally than 12a and 12b), which central portion is spaced apart from the upper chord and the lower chord (as it is located more towards the center and spaced away vertically from 10a and 11d).
Regarding claim 8, Yamaguchi further discloses wherein the first portion of the lateral part comprises an upper peripheral portion (the wider vertically extending portion of 9a at 10b and 10c) and a lower peripheral portion (the wider vertically extending portion of 9b at 11b and 11c), and in that the reinforcement part is welded to the upper peripheral portion and to the lower peripheral portion (see the welds at 16a-d in fig. 2E).
Regarding claim 9, Yamaguchi further discloses wherein the first portion, the transition portion, and the second portion of the lateral part are elements of a shell component (the overall component in fig. 1B and 2E, forming member 12) in which the shell component comprises an areal portion of the upper chord or of the lower chord (forming the area of the boundary for the upper chord and lower chord).
Regarding claim 10, Yamaguchi further discloses wherein the boom-arm segment comprises a box section with an upper chord (10a), a lower chord (11d), and two lateral parts (12a, 12b) disposed between the upper chord and the lower chord, and in that the box section is assembled from half-shells (9a, 9b), wherein a first half-shell comprises the upper chord and (fig. 1B) in each case one upper peripheral portion (10b and/or 10c) and in each case one upper transition portion (the horizontal surface at 13a in fig. 1B) of the mutually opposite lateral parts (fig. 1B), and wherein a second half-shell comprises the lower chord (11d) and in each case one lower peripheral portion (11b and/or 11c) and in each case one lower transition portion (the horizontal surface at 13c, 13d) of the mutually opposite lateral parts.
Regarding claim 11, Yamaguchi further discloses wherein the first half-shell and the second half-shell are connected to one another in the central portion of the lateral part (at least indirectly connected by the welds 16a-16d and 12a and 12b).
Regarding claim 12, Yamaguchi further discloses wherein an end edge of the second half-shell is edge-bent (see the inward bends at 13a-13d) in relation to the central portion so as to form a buckling strength for the box section (as 13a-13d are edge-bends they are interpreted to form buckling strength).
Regarding claim 15, Yamaguchi discloses a method for producing a boom-arm segment for a concrete pump, wherein the boom-arm segment comprises a lateral part (9a, 9b) which extends between an upper chord (10a) and a lower chord (11d) of the boom-arm segment, said method comprising: configuring the lateral part to include a bent edge (notice the inward bend at 13a-13d in fig. 1B) so that a first portion of the lateral part (the surfaces at 10b, 10c, 11b, 11c) has a lateral offset relative to a second portion (the vertical surfaces of the narrower portions of 9a and 9b) of the lateral part, and a transition portion (the horizontally extending portions at 13a-13d between the wider portions at 10b, 10c, 11b, 11c and the narrower portions toward 10d and 11a) which forms a connection between the first portion and the second portion (fig. 2E); selecting a material thickness of a reinforcement part (12a, 12b) to bridge the lateral offset between the first portion and the second portion (as it has a width (thickness) such that the outer surface is flush with the surfaces at 10b, 10c, 11b, 11c and the inner surface abuts against the narrower vertically extending surfaces of 9a and 9b, this thickness is necessarily selected to be this size to fit as it does in fig. 2E), and connecting the reinforcement part to the transition portion by way of a butt joint so that an end face of the transition portion bears on an end face of the reinforcement part (best shown in fig. 2E, notice 12a and 12b abutting against 9a and 9b at the areas of 16a-16d and thus interpreted to form a butt joint), and the reinforcement part adjoins the transition portion in a longitudinal direction (fig. 2E).
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 (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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yamaguchi in view of Takahashi et al. (U.S. 9,187,875).
Yamaguchi discloses the claimed invention but does not appear to disclose a fastening receptacle for a holder of a conveying line, wherein the fastening receptacle forms a transverse connection between the mutually opposite lateral parts of the boom-arm segment.
Takahashi teaches it was known in the art to have a boom-arm segment (12) with fastening receptacles (12B5, 13B5) for a holder of a conveying line (intended use which has not been given patentable weight, but the receptacles are at least capable of holding a holder such as connecting boss 21) and the receptacle forming a transverse connection between mutually opposite lateral parts of the boom-arm segment (lateral parts 12B and 13B, see figs. 2 and 3).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the boom-arm segment of Yamaguchi by having fastener receptacles in mutually opposite lateral parts as taught by Takahashi in order to allow a point of connection for various components (such as a connecting boss) to the boom-arm segment if so desired by a user.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yamaguchi in view of Willaredt et al. (U.S. 2009/0223093).
Yamaguchi discloses the claimed invention and further discloses first and second reinforcement parts (12a, 12b). Yamaguchi does not appear to disclose the first reinforcement part configured as a joint receptacle and the second reinforcement part designed as a receptacle for a hydraulic cylinder.
Willaredt teaches it was known in the art to have a boom-arm segment (5) with first and second lateral parts (the upper and lower laterally extending surfaces in fig. 2 along which 12 is located) and the first reinforcement part having a joint receptacle (an opening 13 for one of the two lateral parts) and a receptacle for a hydraulic cylinder on the second reinforcement part (the other opening 13 for the other of the two lateral parts, see para. 27 describing these as bearing points for supports such as for hydraulic cylinders and linkages).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Yamaguchi by having the lateral parts (the first and second lateral parts) have a joint receptacle for the first lateral part and a receptacle for a hydraulic cylinder on the second reinforcement part as taught by Willaredt in order to have a connection point for various components such as hydraulic cylinders or linkages (see para. 27) if so desired by a user to have such a connection.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Muller et al. (U.S. 2020/0370314) discloses a concrete-boom arm segments with reinforcement parts at 46 and 47.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL R REID whose telephone number is (313)446-4859. The examiner can normally be reached on Monday-Friday 9am-5pm est.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisors can be reached by phone. Craig Schneider can be reached at 571-272-3607, or Ken Rinehart can be reached at 571-272-4881. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) Form at https://www.uspto.gov/patents/uspto-automated- interview-request-air-form.
/MICHAEL R REID/ Primary Examiner, Art Unit 3753