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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 03/18/2026 has been entered.
Status
This Office Action is in response to the remarks and amendments filed 03/18/2026. The objection to the abstract has been withdrawn in light of the amendments filed. Claims 5-7 have been canceled. Claims 23-25 are new. Claims 1, 4 and 8-25 remain pending for consideration on the merits.
Claim Objections
Claim 15 objected to because of the following informalities:
The claim appears to contain a typographic error wherein the same amendment from the previous claim set is still present in the claim, “…the Appropriate correction is required.
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.
Claims 1, 4, 13-21 and 23-24 are rejected under 35 U.S.C. 103 as being unpatentable over Iguchi et al. (US 20050262863 A1, hereinafter “Iguchi”), and further in view of Sakaguchi (US 20040227052 A1).
Regarding Claim 1, Iguchi teaches a storehouse [1; Fig. 1; ¶ 0049] comprising:
a first space [6] configured to provide a space in which goods are stored [¶ 0049; storing chamber 6];
a second space [23] configured to provide a space in which a first heat exchanger [24] is accommodated [Fig. 3; ¶ 0051], the second space being fluidly connected to the first space [¶ 0051; Fig. 2; cooling box 22 has an opening up an upper surface to abut and communicate with the insulating box 2];
a third space [21] configured to provide a space in which a second heat exchanger [34] is accommodated [Fig. 4; ¶ 0054-0055; disposed within machine chamber 21];
a first wall [at least 2] defining at least a part of the first space [¶ 0049; insulating box 2 forms the space 6];
a second wall [22] defining at least a part of the second space [¶ 0051; Fig. 2; cooling box 22 forms the space 23];
a third wall [walls of machine room 21] defining at least a part of the third space [¶ 0049; Fig. 4; apparent from inspection]; and
while Iguchi teaches a lifter [55] comprising an operation bar [at least 31] disposed outside of the second space, wherein the operation bar is configured to provide rotation for the lifting device [Fig. 2; ¶ 0057], Iguchi does not explicitly teach the operation bar rotatably provided; at least one worm gear assembly interlocking with the operation bar and including a worm configured to rotate together with the operation bar and having a first screw thread and a worm wheel having a second screw thread that interlocks with the first screw thread, wherein the first screw thread is disposed at an outer circumferential surface of the operation bar such that the worm is concentric with the operation bar.
However, Sakaguchi teaches mountings for a temperature control unit with attaching and detaching methods [Figs. 1-5] wherein a vending machine [1] comprising a plurality of spaces [inside of 2, 3, 5] includes a cooling unit [5] disposed on at least a mounting device [100] [¶ 0027]. Sakaguchi further teaches wherein the mounting device may comprise a rotating shaft [31 or 44] connected to staying devices [7, 42] and a drive screw [33, 43], such that at least the combination may be considered a lifter, wherein the rotation of the shaft transmits work to the stays, thereby providing a means to elevate the cooling unit [¶ 0029, 0035-0036]. Specifically, threaded portion 45 of operational bar 44 is likened to the claimed first screw thread disposed at an outer circumferential surface of the operation bar, while the internally threaded portion of stays 11 or 42 are likened to the worm gear assembly, as the interaction between the threads of the stays and the threads of the bar transmits work via interlocking thread movement to rotatably transmit the stays, thereby moving the cooling device 5 upwards [¶ 0036]. Sakaguchi discloses that the movement of the cooling unit provides an improved seal between the cooling unit and the partition of the main body [¶ 0034], thereby improving the efficiency of the system. One of ordinary skill in the art could have combined the power transmission device as claimed by known methods and that in combination, the power transmission device would perform the same function as it did separately, and one of ordinary skills would have recognized that the results of the combination were predictable i.e. movement of the cooling unit provides an improved seal between the cooling unit and the partition of the main body, thereby improving the efficiency of the system [¶ 0034].
Therefore, it is a simple mechanical expedient that would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the assembly of Iguchi to have the operation bar rotatably provided; and at least one worm gear assembly interlocking with the operation bar and including a worm configured to rotate together with the operation bar and having a first screw thread and a worm wheel having a second screw thread that interlocks with the first screw thread, wherein the first screw thread is disposed at an outer circumferential surface of the operation bar such that the worm is concentric with the operation bar., in view of the teachings of Sakaguchi where the elements could have been combined by known methods with no change in their respective function and the combination would have yielded predictable results i.e. movement of the cooling unit provides an improved seal between the cooling unit and the partition of the main body, thereby improving the efficiency of the system.
Claims 2-3 canceled
Regarding Claim 4, Iguchi, as modified, teaches the storehouse of claim 1 above and Iguchi further teaches comprising a heat exchanger case [22] forming the second space [¶ 0051; Fig. 2; cooling box 22 forms the space 23], the heat exchanger case being supported by a support plate [at least 30, 56 or 57] provided on the second wall or the third wall [¶ 0056-0059; linking arm 57 provides rigid support to arms 56 supporting the case 22, wherein support portion 30 supports said arms],
And Sakaguchi teaches wherein the worm gear assembly [at least 42] is configured to move the support plate based on the operation of the operation bar [¶ 0036, Fig. 5; cooling unit 5 is translated up or down based on the movement of stay 42 relative to the threads on bar 44] [as further evidence, see at least (KR 101223959 B1) wherein the bottom of a box may be provided by a lifting platform (or support plate) with minimal mechanical intervention].
Claims 5-7 canceled
Regarding Claim 13, Iguchi, as modified, teaches the storehouse of claim 1 above and Iguchi teaches wherein the second space is provided below the first space [Figs. 1-3; apparent from inspection first space 6 is above space 23], and
Sakaguchi teaches wherein the lifter is configured to move the second wall upward toward the first space [Sakaguchi ¶ 0036; Figs. 3-5; the cooling unit may be displaced upwards]
Regarding Claim 14, Iguchi, as modified, teaches the storehouse of claim 1 above and Iguchi teaches
wherein the second space is provided below the first space [Figs. 1-3; apparent from inspection first space 6 is above space 23], and
wherein the first and second spaces are thermally separated by a partition wall [Fig. 1; apparent from inspection a wall is provided at the bottom of first space 6].
Regarding Claim 15, Iguchi, as modified, teaches the storehouse of claim 14 above and Iguchi teaches wherein the second wall comprises a heat exchanger case [cooling box 22] forming an accommodation space in which the first heat exchanger is accommodated [Fig. 2; ¶ 0051; heat exchanger 24 disposed within cooling box 22], the heat exchanger case having a contact surface which is in contact with the partition wall based on the lifter moving the heat exchanger case [¶ 0063; box 22 is pressed into the bottom of the insulating box 2 via activation of the arms].
Regarding Claim 16, Iguchi, as modified, teaches the storehouse of claim 15 above and Iguchi further teaches comprising a seal [29] provided on the contact surface of the heat exchanger case [Fig. 2; ¶ 0063; provided on the top of case 22],
wherein the seal is deformed to reduce a gap between the contact surface of the heat exchanger case and the partition wall when the lifter moves the heat exchanger case [¶ 0063; sealing material is brought into contact with the bottom wall of insulating box 2 via activation of the arms].
Regarding Claim 17, Iguchi, as modified, teaches the storehouse of claim 15 above and Iguchi teaches wherein the heat exchanger case includes a drain hole to remove fluids from the accommodation space [Fig. 2; ¶ 0053-0054; evaporating dish 13 is disposed below the evaporator and accommodation space 22 and thus necessarily comprises a drain conduit [not annotated; Fig.2] extending from a lower portion of box 22 into the evaporating dish 13].
Regarding Claim 18, Iguchi, as modified, teaches the storehouse of claim 17 above and Iguchi further teaches comprising a tray [13] provided below the heat exchanger case to receive the fluid from the drain hole [Fig. 2; ¶ 0053-0054; apparent from inspection].
Regarding Claim 19, Iguchi, as modified, teaches the storehouse of claim 18 above and Iguchi teaches wherein the tray includes a bracket [not annotated] coupled to the second heat exchanger [34] [Figs. 5, 10; ¶ 0054; apparent from inspection that the heat exchanger comprises an additional baffle plate disposed on the top and side of heat exchanger 34, independent from the fins, connected to the base 32 with evaporating dish 13; Iguchi further discloses that the structure of the condenser also serves the function of supporting a side of the cooling box 22. Accordingly, one of ordinary skill in the art would recognize that fin-type heat exchangers are not inherently configured to bear structural weight, therefore an additional correspond structure (i.e. a bracket or plate) is necessarily present to fulfill the described function in Iguchi].
Regarding Claim 20, Iguchi, as modified, teaches the storehouse of claim 18 above and Iguchi teaches wherein the tray includes a bracket [16] coupled to a fan to generate a fluid flow in the third space [Figs. 2-4; ¶ 0055; fan cover 16 may be disposed with a fan 35].
Regarding Claim 21, Iguchi teaches a storehouse [1; Fig. 1; ¶ 0049] comprising:
a first space [6] configured to provide a space in which goods are stored [¶ 0049; storing chamber 6];
a second space [23] configured to provide a space in which a first heat exchanger [24] is accommodated [Fig. 3; ¶ 0051], the second space being fluidly connected to the first space [¶ 0051; Fig. 2; cooling box 22 has an opening up an upper surface to abut and communicate with the insulating box 2];
a third space [21] configured to provide a space in which a second heat exchanger [34] is accommodated [Fig. 4; ¶ 0054-0055; disposed within machine chamber 21];
a heat exchanger case [22] forming the second space [¶ 0051; Fig. 2; cooling box 22 forms the space 23];
a support plate [at least 30, 56 or 57] that supports the heat exchanger case [¶ 0056-0059; linking arm 57 provides rigid support to arms 56 supporting the case 22, wherein support portion 30 supports said arms];
while Iguchi teaches a lifter [55] comprising an operation bar [at least 31] disposed outside of the second space, wherein the operation bar is configured to provide rotation for the lifting device [Fig. 2; ¶ 0057], Iguchi does not explicitly teach the operation bar rotatably provided; first and second gear assemblies interlocking with the operation bar and spaced apart from each other, each of the first and second gear assemblies including a worm and a worm wheel interlocking with the worm, wherein the operation bar passes through the first gear assembly and is coupled to the second assembly.
However, Sakaguchi teaches mountings for a temperature control unit with attaching and detaching methods [Figs. 1-5] wherein a vending machine [1] comprising a plurality of spaces [inside of 2, 3, 5] includes a cooling unit [5] disposed on at least a mounting device [100] [¶ 0027]. Sakaguchi further teaches wherein the mounting device may comprise a rotating shaft [31 or 44] connected to a plurality of staying devices [at least 7, 42] that are separated from one another, and a drive screw [33, 43], wherein the rotation of the shaft transmits work to the stays, such that bar passes through and interacts with the first stay 42 and also interacts with stay 7 [see arrows in Fig. 5], thereby providing a means to elevate the cooling unit [¶ 0029, 0035-0036]. Specifically, threaded portion 45 of operational bar 44 engages with the stays acting as worm gear assemblies, as the interaction between the threads of the stays and the threads of the bar transmits work via interlocking thread movement to rotatably transmit the stays, thereby moving the cooling device 5 upwards [¶ 0036]. Sakaguchi discloses that the movement of the cooling unit provides an improved seal between the cooling unit and the partition of the main body [¶ 0034], thereby improving the efficiency of the system. One of ordinary skill in the art could have combined the power transmission device as claimed by known methods and that in combination, the power transmission device would perform the same function as it did separately, and one of ordinary skills would have recognized that the results of the combination were predictable i.e. movement of the cooling unit provides an improved seal between the cooling unit and the partition of the main body, thereby improving the efficiency of the system [¶ 0034].
Therefore, it is a simple mechanical expedient that would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the assembly of Iguchi to have the operation bar rotatably provided; and at least one worm gear assembly interlocking with the operation bar and including a worm configured to rotate together with the operation bar and having a first screw thread and a worm wheel having a second screw thread that interlocks with the first screw thread, wherein the first screw thread is disposed at an outer circumferential surface of the operation bar such that the worm is concentric with the operation bar., in view of the teachings of Sakaguchi where the elements could have been combined by known methods with no change in their respective function and the combination would have yielded predictable results i.e. movement of the cooling unit provides an improved seal between the cooling unit and the partition of the main body, thereby improving the efficiency of the system.
Regarding Claim 23, Iguchi, as modified, teaches the storehouse of claim 1 above and Sakaguchi teaches wherein the at least one worm gear assembly includes first [at least 42] and second [at least 7] assemblies spaced apart from each other [Fig. 5; apparent from inspection], and
wherein the operation bar passes through the first assembly and is coupled to the second assembly [Fig. 5; he storehouse of claim 1, wherein the at least one worm gear assembly includes first and second assemblies spaced apart from each other, and wherein the operation bar passes through the first assembly and is coupled to the second assembly [Fig. 5; ¶ 0036; bar 44 passes through and interacts with the first stay 42 and also interacts with stay 7].
Regarding Claim 24, Iguchi, as modified, teaches the storehouse of claim 21 above and Sakaguchi teaches wherein the first [at least 42] and second [at least 7] assemblies are spaced apart from each other by a distance in a first direction [Fig. 5 ; apparent from inspection], and
wherein a length of the operation bar in the first direction is greater than the distance [Fig. 5; apparent from inspection that bar 44 is longer than the distance between stays 42 and 7].
Claims 8-12 are rejected under 35 U.S.C. 103 as being unpatentable over Iguchi and Sakaguchi as applied to claim 1 above, and further in view of Choe (KR 101223959 B1).
Regarding Claim 8, Iguchi, as modified, teaches the storehouse of claim 1 above and while Sakaguchi teaches wherein the worm gear assembly [at least 42, 45] is housed within at least the base [46] and the stay [42] [¶ 0036], Sakaguchi does not explicitly teach wherein the storehouse further comprises a gear housing configured to accommodate the worm gear assembly and coupled to one side of the support plate.
However, Choe teaches a multistage screw lift device [Figs. 1-4] wherein a lift platform [51] is supported by at least a base [50] and a plurality of arms [52] [¶ 0014], and wherein a plurality of shafts [10, 20, 30] and worm gear components [41, 42, 43, 44] are disposed within a gearbox [40] and the gearbox assembly is configured to elevate the plurality of shafts via rotation, thereby elevating the platform [¶ 0015-0021]. Choe discloses that this configuration provides advantageous mounting/dismounting capabilities between the gearbox and axel, thereby providing variability in reducing the projecting amount [¶ 0015-0016]. One of ordinary skill in the art could have combined the gear housing as claimed by known methods/techniques and that in combination, the gear housing would perform the same function as it did separately, and one of ordinary skills would have recognized that the results of the combination were predictable i.e. providing a means for advantageous mounting/dismounting capabilities between the gearbox and axel, thereby providing variability in reducing the projecting amount, thus improving the system [¶ 0015-0016].
Therefore, it is a simple mechanical expedient that would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the assembly of Iguchi to have wherein the power transmission device further comprises a gear housing configured to accommodate the worm gear assembly and coupled to one side of the support plate, in view of the teachings of Choe where the elements could have been combined by known methods with no change in their respective function and the combination would have yielded predictable results i.e. providing a means for advantageous mounting/dismounting capabilities between the gearbox and axel, thereby providing variability in reducing the projecting amount, thus improving the system.
Regarding Claim 9, Iguchi, as modified, teaches the storehouse of claim 8 above and Choe teaches further comprising a screw [10, 20, 30] passing through the gear housing [40] and interlocking with the worm gear assembly [41, 42, 43, 44] [¶ 0015; Fig. 3; the multistage screw is coupled to the shaft 41], and
wherein the screw comprises a screw body forming a screw thread [at least 21, 31] and a screw head provided at an end of the screw body [at least the bottom of the first axel 10 or top of 20 or 30] [¶ 0020-0021; axis screw portions are driven by rotational force to elevate the table 51] [Alternatively, Sakaguchi also teaches a screw 22 disposed within a base 100b configured to displace cable 10 and elevate unit 5; ¶ 0033-0034; Fig. 3].
Regarding Claim 10, Iguchi, as modified, teaches the storehouse of claim 9 above and Sakaguchi teaches and wherein the screw head [22] is provided on a ground surface [Fig. 3; ¶ 0033-0034; apparent from inspection that screw 22 is provided through the height of base 23, therefore providing the screw in contact with the bottom of the base, and thus the ground as well], and
Choe teaches wherein the gear housing [40] is configured to move the support plate [51] toward a partition wall between the first and second spaces [Choe Figs. 1 and 4; activation of the gearbox provides platform 51 in an upwards direction – similar to activation of Iguchi’s handle system providing work in the upward direction towards a wall of first space 6].
Regarding Claim 11, Iguchi, as modified, teaches the storehouse of claim 9 above and Choe teaches
wherein the screw head [at least top of 30] is supported on a partition wall [51] between the first and second spaces [Figs. 1 and 4; the spaces above and below plate 51 – similar to the raising of unit 5 to cabinet space 2 in Sakaguchi], and
wherein the gear housing [40] is configured to move the support plate toward the partition wall [Choe Figs. 1 and 4; activation of the gearbox provides platform 51 in an upwards direction – similar to activation of Iguchi’s handle system providing work in the upward direction towards a wall of first space 6].
Regarding Claim 12, Iguchi, as modified, teaches the storehouse of claim 8 above and Choe teaches wherein the lifter further comprises a plate supporter [at least 52, 54] provided between the gear housing [40] and the support plate [51] [Figs. 1, 4; apparent from inspection] so as to absorb an impact force generated when the support plate and the gear housing move [¶ 0023; arms 52 hinge to provide the means of elevating the support plate via gearbox activation].
Claims 22 and 25 are rejected under 35 U.S.C. 103 as being unpatentable over Iguchi, and further in view of Choe.
Regarding Claim 22, Iguchi teaches a storehouse [1; Fig. 1; ¶ 0049] comprising:
a first space [6] configured to provide a space in which goods are stored [¶ 0049; storing chamber 6];
a second space [23] configured to provide a space in which a first heat exchanger [24] is accommodated [Fig. 3; ¶ 0051], the second space being fluidly connected to the first space [¶ 0051; Fig. 2; cooling box 22 has an opening up an upper surface to abut and communicate with the insulating box 2];
a third space [21] configured to provide a space in which a second heat exchanger [34] is accommodated [Fig. 4; ¶ 0054-0055; disposed within machine chamber 21];
a heat exchanger case [22] forming the second space [¶ 0051; Fig. 2; cooling box 22 forms the space 23];
a support plate [at least 30, 56 or 57] that supports the heat exchanger case [¶ 0056-0059; linking arm 57 provides rigid support to arms 56 supporting the case 22, wherein support portion 30 supports said arms];
while Iguchi teaches a support plate [at least 30, 56 or 57] and a lifter [55] comprising an operation bar [at least 31], wherein the operation bar is configured to provide rotation for the lifting device [Fig. 2; ¶ 0057], Iguchi does not explicitly teach a gear housing that accommodates a worm having a first screw thread and a worm wheel including an outer circumferential surface forming a second screw thread that interlocks with the first screw thread, the gear housing being configured to support the support plate; and a screw passing through the gear housing and the support plate, wherein the worm wheel includes an inner circumferential surface to form a third screw thread, and wherein the screw includes a fourth screw thread that interlocks with the third screw thread of the worm wheel.
However, Choe teaches a multistage screw lift device [Figs. 1-4] wherein a lift platform [51] is supported by at least a base [50] and a plurality of arms [52] [¶ 0014], and wherein a plurality of shafts [10, 20, 30] and worm gear components [41, 42, 43, 44] are disposed within a gearbox [40] and the gearbox assembly is configured to elevate the plurality of shafts via rotation, thereby elevating the platform [¶ 0015-0021]. Specifically, hollow shaft 41 transmits rotating power to raise at least first shaft 10 in a key and key groove manner (i.e. threads), such that the first and second shaft are engaged in a screw configuration [¶ 0015-0016]. Choe further teaches that each screw assembly [10, 20, 30] passing through the gear housing [40] and interlocking with the worm gear assembly [41, 42, 43, 44], comprises at least outer screw portions [at least 11, 21, 31] as well as accompanied inner screw portions [at least 22], such that the rotational friction force may drive the nut configuration upwards [¶ 0020] [also see ¶ 0015; Fig. 3; the multistage screw is coupled to the shaft 41]. Furthermore, Fig 1 shows the screw system [10, 20, 30] comprising a fixing bolt [55] passing through the support plate. Choe discloses that this configuration provides advantageous mounting/dismounting capabilities between the gearbox and axel, thereby providing variability in reducing the projecting amount [¶ 0015-0016]. One of ordinary skill in the art could have combined the gear housing as claimed by known methods/techniques and that in combination, the gear housing would perform the same function as it did separately, and one of ordinary skills would have recognized that the results of the combination were predictable i.e. providing a means for advantageous mounting/dismounting capabilities between the gearbox and axel, thereby providing variability in reducing the projecting amount, thus improving the system [¶ 0015-0016].
Therefore, it is a simple mechanical expedient that would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the assembly of Iguchi to have a gear housing that accommodates a worm having a first screw thread and a worm wheel including an outer circumferential surface forming a second screw thread that interlocks with the first screw thread, the gear housing being configured to support the support plate; and a screw passing through the gear housing and the support plate, wherein the worm wheel includes an inner circumferential surface to form a third screw thread, and wherein the screw includes a fourth screw thread that interlocks with the third screw thread of the worm wheel, in view of the teachings of Choe where the elements could have been combined by known methods with no change in their respective function and the combination would have yielded predictable results i.e. providing a means for advantageous mounting/dismounting capabilities between the gearbox and axel, thereby providing variability in reducing the projecting amount, thus improving the system.
Regarding Claim 25, Iguchi, as modified, teaches the storehouse of claim 22 and Choe teaches wherein the support plate includes a hole through which the fourth screw thread of the screw passes [Fig 1 shows the screw system [10, 20, 30] comprising a plurality of cascading threads, further comprises a fixing bolt [55] passing through the support plate to lock the gear assembly to the support plate.
Response to Arguments
On pages 12-14 of the remarks, Applicant argues that the claims as amended overcome the previously applied prior art rejection. Applicant’s arguments with respect to claim 1 has been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
On pages 15-16 of the remarks, Applicant argues that one of reasonable skill in the technical field could not modify the push-up mechanism 55 of Iguchi with rotating arms, alleging that it would not be a simple mechanical expedient. Respectfully, the current combination of prior art does not at all rely on the lifting mechanism of Iguchi, thereby reducing any misunderstanding of the combination. Therefore, the lifting mechanism provided by Sakaguchi may entirely replace the lifting mechanism of Iguchi for a more simple combination. Thus, in response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). Therefore, the Examiner respectfully disagrees with Applicant’s statements alleging that improper additional experimentation would be required, as the current interpretation is more aligned with a simple/obvious replacement, rather than the alleged tedious combination of rotating bars and lever action raising, and no further citation is provided to support an alleged improper requirement of experimentation.
On pages 16-17, applicant argues that Choi does not teach or suggest at least one worm gear assembly interlocking with the operation bar and including a worm configured to rotate together with the operational bar and having a first screw thread and a worm wheel having a screw thread that interlocks with the first screw thread, wherein the first screw thread is disposed at an outer circumferential surface of the operation bar such that the worm is concentric with the operation bar. Respectfully, Applicant’s arguments have been considered but are not persuasive.
Specifically, applicant’s description of Choi on page 16 of the remarks appears to describe the alleged deficient function. Hollow shaft 41 functions as the operational bar that rotates, thereby causing the first axis 10 to engage [¶ 0019], therefore the axis comprises outside threads in order to interact with the hollow shaft so that it may rotate in place. The second axis 20, disposed on the inside of axis 10, then rotates together with the first axis and inner shaft sleeve 23, so as to rotate the axis nut portion 22 which interlocks with axis 20 so as to further raise the third axis via inner sleeve 23 [¶ 0018-0019]. Regardless, the claims are still so broad as to not necessitate the inclusion of Choi into independent claim 1 yet. Similarly, any future combination with Sakaguchi and Choi would likely be expedient, as the core function of the devices operate in a similar manner requiring the rotation of a bar to therefore translate a lifting device in an upwards direction, due to an interlocking/screw and thread configuration stemming from said rotating bar.
On pages 17-19, applicant argues that the combination of prior arts does not teach the claim as recited. Applicant’s arguments have been considered but are not persuasive. While Applicant argues that Sakaguchi does not teach the operational bar, the Examiner respectfully disagrees, as the bar 44 is obviously a rotating bar, wherein the bar contains threads on the outer circumferential surface, such that the threads interact with internal threads of stays 42 and 7 (i.e. worm gear assemblies) [¶ 0036]. Respectfully, the distinction of any reverse threaded portion in the prior art appears irrelevant given the current scope of the claims.
On pages 19-20, Applicant appears to recite similar arguments against Choi as those already discussed above. See above comments. The rejection is therefore maintained.
On pages 20-24, Applicant appears to recite similar augments against the prior art as they relate the claim 22, similar to the arguments already discussed above. See above comments. Therefore, the rejection is maintained.
Conclusion
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/KEITH STANLEY MYERS/Examiner, Art Unit 3763
/JERRY-DARYL FLETCHER/Supervisory Patent Examiner, Art Unit 3763
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