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 .
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, the “in claim 2 a female section of each column is movable between a first position, in which a lower end thereof is located at a vertical height greater than a vertical height of the top portion of the wheel” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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 § 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.
Claim(s) 1-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gove (US 3348711 A) in view of Zukerman et al. (US 20190322204 A1).
Regarding claim 1, Gove discloses a variable footprint handling apparatus (FIG. 1) for handling containers (120) comprising:
a first column (5) adapted to be associated with the fifth wheel (2) of a tractor (1)
a second column (89, right side) to which a first idle ground support wheel, wheel (100) is idly associated,
a third column (89, left side) to which a second idle ground support wheel, wheel (100) is idly associated,
a lifting arrangement (37, 85) for lifting the container (120, see column 4, lines 42 through column 5, lines 32 and column 6, lines 53-61 and figure 7)
a connection arrangement (7, 8 and 9) that connects the second column and the third column to the first column and is configured to move at least one of the three columns with respect to another of the three columns between a first position, and a second position, wherein a footprint in plan of the apparatus in said second position is smaller than a footprint in plan of the apparatus in said first position (see column 3, lines 15-35 and figure 5.),
wherein the third column and the second column are of the telescopic type (Column 6, lines 69 through column 7 line 4).
Gove explicitly fails to disclose the first idle wheel and the second idle wheel of the apparatus are rotatably associated with a male section respectively, of the second column and of the third column that are telescopic and are completely in an external position and adjacent to the respective column.
Zukerman et al. teaches the first idle wheel (1a) and the second idle wheel (1b) of the apparatus are rotatably associated with a male section (2a) respectively, of the second column (see attached annotated FIG. 1A) and of the third column (see attached annotated FIG. 1A) that are telescopic (it can be seen in FIG. 3B to 3D) and are completely in an external position and adjacent to the respective column (It can be seen in FIG.1A that wheel 1a and 1b are completely in an external position and adjacent to the respective column).
It would have been obvious to one of ordinary skill in the art prior to the effective filling date of the applicant’s claim to modify Gove by incorporating the first idle wheel and the second idle wheel of the apparatus are rotatably associated with a male section respectively, of the second column and of the third column that are telescopic and are completely in an external position and adjacent to the respective column in view of Zukerman et al. in order to allow fully extended telescopic movement to male section and reduce the friction during footprint variation.
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Regarding claim 2, Gove dose not disclose a female section of each column is movable between a first position, in which a lower end thereof is located at a vertical height greater than a vertical height of the top portion of the wheel and a second position, in which the lower end of the female section is located at a vertical height lower than the vertical height of the top portion of the wheel.
Zukerman et al. teaches a female section of each column is movable between a first position (FIG. 3B), in which a lower end thereof is located at a vertical height greater than a vertical height of the top portion of the wheel (It can be seen in FIG. 3B, a lower end thereof is located at a vertical height greater than a vertical height of the top portion of the wheel) and a second position (FIG. 3C), in which the lower end of the female section is located at a vertical height lower than the vertical height of the top portion of the wheel (it can be seen in FIG. 3C, the lower end of the female section is located at a vertical height lower than the vertical height of the top portion of the wheel).
It would have been obvious to one of ordinary skill in the art prior to the effective filling date of the applicant’s claim to modify Gove by incorporating a female section of each column is movable between a first position, in which a lower end thereof is located at a vertical height greater than a vertical height of the top portion of the wheel and a second position, in which the lower end of the female section is located at a vertical height lower than the vertical height of the top portion of the wheel in view of Zukerman et al. in order to allow mobility during positioning and rigidity during lifting or handling container.
Regarding claim 3, Gove does not disclose each wheel is associated with the male section of the respective column in such a way that a top portion of the wheel is located at a vertical height equal to or greater than a vertical height of a lower end of the male section.
Zukerman et al. each wheel is associated with the male section of the respective column in such a way that a top portion of the wheel is located at a vertical height equal to or greater than a vertical height of a lower end of the male section (it can be seen in FIG. 3B -3C).
It would have been obvious to one of ordinary skill in the art prior to the effective filling date of the applicant’s claim to modify Gove by incorporating each wheel is associated with the male section of the respective column in such a way that a top portion of the wheel is located at a vertical height equal to or greater than a vertical height of a lower end of the male section in view of Zukerman et al. in order to transfer the load from wheel to column to improve the life of wheel.
Regarding claim 4, Gove does not disclose each wheel is rotatably associated with the male section of the respective column with respect to a horizontal axis of rotation at a lower end portion of said male section.
Zukerman et al. teaches each wheel is rotatably associated with the male section of the respective column with respect to a horizontal axis of rotation at a lower end portion of said male section (it can be seen in FIG. 3B -3C, also see above attached annotated FIG. 1A).
It would have been obvious to one of ordinary skill in the art prior to the effective filling date of the applicant’s claim to modify Gove by incorporating each wheel is rotatably associated with the male section of the respective column with respect to a horizontal axis of rotation at a lower end portion of said male section in view of Zukerman et al. in order to improve the durability of the structure and allow smooth horizontal rolling of variable footprint apparatus while columns are moving horizontally.
Regarding claim 5, Gove does not disclose each wheel is associated with the male section of the respective column in such a way that the axis of rotation is located at a vertical height equal to or greater than a vertical height of a lower end.
Zukerman et al. teaches each wheel is associated with the male section of the respective column in such a way that the axis of rotation (see above attached annotated FIG. 1A) is located at a vertical height equal to or greater than a vertical height of a lower end (it can be seen in FIG. 3B -3C, also).
It would have been obvious to one of ordinary skill in the art prior to the effective filling date of the applicant’s claim to modify Gove by incorporating each wheel is associated with the male section of the respective column in such a way that the axis of rotation is located at a vertical height equal to or greater than a vertical height of a lower end in view of Zukerman et al. in order to allow the vertical load is being transferred to the column not to the wheel.
Regarding claim 6, Gove discloses the connection arrangement (FIG. 10, 9, 107-11, 113) is configured to move at least one between the second column (89, right side) and the third column (89, left side) between a first position (FIG. 3), in which the distance of the third column from the second column is maximum, and a second position (FIG. 2) in which said distance is minimum.
Allowable Subject Matter
Claim 7 is 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. Additional cited references show other variable footprint handling apparatus.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAIMIN G PATEL whose telephone number is (571)272-0052. The examiner can normally be reached Monday-Friday 8:00 AM to 5:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Saul Rodriguez can be reached at 517-272-7097. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SAUL RODRIGUEZ/Supervisory Patent Examiner, Art Unit 3652
/JAIMIN G PATEL/Examiner, Art Unit 3652