DETAILED CORRESPONDENCE
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, “one or more index notches” (claim 2), “a spring-loaded slide switch” (claim 2), “a spring-loaded pop-up button” (claim 2), “one or more rails mounted on the mast” (claim 3), “a hydraulic actuator” (claim 4), “a mast pivot device” (claim 5), “a first set of rollers” (claim 6), “a second set of rollers” (claim 6), “a wired remote control or wireless remote control” (claim 9), “a hydraulic control system” (claim 10), “a hydraulic pump” (claim 10), “one or more hydraulic valves” (claim 10), “a plurality of outputs” (claim 11), “an actuator” (claim 11), “one or more rails mounted on the mast” (claim 13), “a wired remote control or wireless remote control” (claim 16), “a locking rotational hinge” (claim 17), and “one or more rails mounted on the boom” (claim 18) 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 § 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 5 and 12-18 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 pre-AIA the applicant regards as the invention.
Regarding claim 5, this claim claims “a mast pivot device configured to rotate the boom clevis about the second end of the mast”. This limitation renders the claim indefinite because the limitation is inconsistent with the Specification.
Earlier claim 1 claims “a boom rotation actuator” (line 13) and “a boom lift actuator” (line 15). Paragraph 0067 of the Specification discloses a boom rotation member 138 (that is a motorized actuator) configured to rotate the boom 102 about the second end of the mast 118. Further, paragraph 0067 discloses a boom lift actuator 112 coupled to the boom 102 and the boom clevis 116 and configured to move the boom 102 between a first boom angle and a second boom angle. Paragraph 0008 is the only portion of the Specification that discloses the mast pivot device. The mast pivot device is not shown in the drawings.
A mast pivot device is being claimed as separate structure to the boom rotation actuator and boom lift actuator. However, from the disclosure of paragraph 0067, the boom rotation actuator is the mast pivot device. Thus, the limitation of “a mast pivot device” is inconsistent with the specification because the mast pivot device is not separate structure from the boom rotation actuator.
For this office action, the boom rotation actuator and the mast pivot device will be considered as the same structure. Further, for this office action, prior art that teaches a boom rotation actuator will be considered as also teaching a mast pivot device.
Regarding claim 12, “the boom extension” (last line of claim 12) lacks antecedent basis, as a boom extension is not positively claimed earlier in the claim.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 12 and 17 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Van Der Horn (US Patent 6,821,075 B2).
Regarding claim 12, Van Der Horn discloses a hoist with a trailer hitch attachment (see figures 1-12) comprising:
A crane assembly (see figures 1-12) constructed to attach to a vehicle tow hitch, the crane assembly comprising:
a keyed mounting arm (3 and 7, see figure 12) including a key (3, see figure 12) and interlocking flange (17, see figure 12) constructed as a single weldment (see figure 12);
a clevis (4 and 29, see figure 9) coupled to the keyed mounting arm (see figure 9);
a base frame member (6, see figure 1 and/or figure 10) coupled to the clevis so as to rotate from a stowed crane position (one of the positions associated with circles B and D, see figure 3) to a deployed crane position (considered the position associated with circle C, see figure 3) via the interlocking clevis;
a mast (8 and/or 14, see figure 1 and/or figure 10) coupled to the base frame member at a first end of the mast (figure 1 and/or figure 10);
one or more outriggers (9 and 10, see figure 1 and/or figure 11) mounted to the mast so as to rotate from a stowed outrigger position (see figure 5) to a deployed outrigger position (see figure 1 and/or figure 11) and having a corresponding foot pad (10);
a boom clevis (considered the two plates supporting boom, as shown in figure 5) mounted to a second end of the mast (as shown in figure 1 and/or figure 10) wherein the boom clevis is configured to rotate the boom about the second end of the mast (see figure 4);
a boom (15, see figure 1 and/or figure 10) mounted to the boom clevis so as to rotate relative to the boom clevis (see figure 4);
a boom extension (16, see figure 1 and/or figure 10) constructed to fit within the boom and to slide along an axis of the boom;
a hoist (17, see figures 1-2 and/or figure 11) coupled to the boom having a rope wound on a cylinder (see figures 1-2), where the hoist is configured to release or retract the rope (by winding or unwinding unnumbered crank as shown in figure 1); and
a hook (19, see figures 1-2) coupled to an end of the rope (see figures 1-2) and disposed at a distal end of the boom extension.
Regarding claim 17, Van Der Horn further shows wherein the one or more outriggers each have a locking rotational hinge (considered the hinge formed by pins 1c, see figures 1 and 5) configured to lock the outrigger into place (see figure 5).
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 1, 4-5, and 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over Van Der Horn (US Patent 6,821,075 B2) in view of Wappler (US Patent 4,111,316), and in further view of Lucas (US Patent 3,866,759).
Regarding claim 1, Van Der Horn discloses a hoist with a trailer hitch attachment (see figures 1-12) comprising:
A crane assembly (see figures 1-12) constructed to attach to a vehicle tow hitch, the crane assembly comprising:
a keyed mounting arm (3 and 7, see figure 12) including a key (3, see figure 12) and interlocking flange (17, see figure 12) constructed as a single weldment (see figure 12);
an interlocking clevis (4 and 29, see figure 9) coupled to the keyed mounting arm (see figure 9);
a base frame member (6, see figure 1 and/or figure 10) coupled to the interlocking clevis so as to rotate from a stowed crane position (one of the positions associated with circles B and D, see figure 3) to a deployed crane position (considered the position associated with circle C, see figure 3) via the interlocking clevis;
a mast (8 and/or 14, see figures 1 and/or figure 10) coupled to the base frame member at a first end of the mast (figure 1 and/or figure 10);
one or more outriggers (9 and 10, see figure 1 and/or figure 11) mounted to the mast so as to rotate from a stowed outrigger position (see figure 5) to a deployed outrigger position (see figure 1 and/or figure 11) and having a corresponding foot pad (10) and an outrigger (9) to move the outrigger between the stowed outrigger position and the deployed outrigger position;
a boom clevis (considered the two plates supporting boom, as shown in figure 5) mounted to a second end of the mast (as shown in figure 1 and/or figure 10) wherein the boom clevis is configured to rotate the boom about the second end of the mast (see figure 4);
a boom (15, see figure 1 and/or figure 10) mounted to the boom clevis so as to rotate relative to the boom clevis (see figure 4);
a boom extension (16, see figure 1 and/or figure 10) constructed to fit within the boom and to slide along an axis of the boom;
a hoist (17, see figures 1-2 and/or figure 11) coupled to the boom having a rope wound on a cylinder (see figures 1-2 and/or figure 11), where the hoist is configured to release or retract the rope (by winding or unwinding unnumbered crank as shown in figure 1); and
a hook (19, see figures 1-2) coupled to an end of the rope (see figures 1-2) and disposed at a distal end of the boom extension.
Van Der Horn does not explicitly disclose 1) an outrigger actuator, 2) a boom rotation actuator, 3) a boom lift actuator coupled the boom and the boom clevis and configured to move the boom between a first boom angle and a second boom angle, 4) a boom extension actuator, 5) an actuator control system; and 6) an electrical control system.
Regarding #1-#5, Wappler discloses a truck mounted crane (see figures 1-6, especially figure 6) and teaches of providing the crane with an outrigger actuator (48, see figures 1-6), 2) a boom rotation actuator (54, see figures 1-6), a boom lift actuator (28, see figures 1-6) coupled the boom and the boom clevis and configured to move the boom between a first boom angle and a second boom angle, a boom extension actuator (16, see figures 1-6), and an actuator control system (considered the rest of figure 6, including pump 78 and valves 84 and 86), to hydraulically control and power the entire system (see column 4 lines 4-15 and column 5 lines 15-26).
Before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to modify the crane of Van Der Horn by providing the structure of an outrigger actuator, a boom rotation actuator, a boom lift actuator coupled the boom and the boom clevis and configured to move the boom between a first boom angle and a second boom angle, a boom extension actuator, an actuator control system to the crane of Van Der Horn, to hydraulically control and power the entire system as taught by Wappler.
With the above modification, the outrigger actuator is a hydraulic actuator, regarding claim 4.
With the above modification, a mast pivot device (i.e. the boom rotation actuator as taught by Wappler) is configured to rotate the boom clevis about the second end of the mast, regarding claim 5.
With the above modification, the actuator control system is a hydraulic control system having a hydraulic pump (78, as taught in figure 6 of Wappler) and one or more hydraulic valves (84 and 86, as taught in figure 6 of Wappler), regarding claim 10.
Regarding #6, Neither Van Der Horn nor Wappler explicitly disclose an electrical control system.
Lucas discloses a portable hoist (see figures 1-4, especially figure 4) and teaches of providing an electrical control system (considered the electrical control button or panel of motorized unit 64, see figure 4, and column 3 lines 48 to column 4 line 11) to the hoist (see figure 4), to control the upward and downward positioning of the boom (see column 3 lines 48 to column 4 line 11).
Before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to modify the crane of Van Der Horn as modified by Wappler by adding an electrical control system to the crane of Van Der Horn as modified by Wappler, to control at least the upward and downward positioning of the boom as taught by Lucas.
With the above modification, the electrical control system includes a plurality of outputs (considered the outputs moving the boom upward and downward from the control button and/or control panel as taught by Lucas) each corresponding to a direction of movement of an actuator (considered the upward and downward of the boom lift actuator), regarding claim 11.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Van Der Horn (US Patent 6,821,075 B2) in view of Wappler (US Patent 4,111,316), and in further view of Lucas (US Patent 3,866,759) as applied to claims 1, 4-5, and 10-11 above, and further in view of LeDuc et al. (US Patent 7,591,404 B2).
Regarding claim 2, None of Van Der Horn, Wappler, nor Lucas discloses wherein the interlocking clevis includes one or more index notches and a spring-loaded slide switch mounted on the base frame member, wherein the spring-loaded slide switch includes a spring-loaded pop-up button for safety latching the interlocking clevis in a given position corresponding to a given one of the one or more notches into which the spring-loaded slide switch is locked into.
LeDuc et al. (from here on just referred to as LeDuc) discloses a swingable apparatus attachable to a vehicle for transporting a device and permitting access to the vehicle (see figure 3) and teaches of providing one or more index notches (356, see figure 3) and a spring-loaded slide switch (368, as 368 is in a self-contained spring loaded housing, see column 6 lines 18-34) mounted on the base frame member (322, see figure 3, by way of hinge bar 366), wherein the spring-loaded slide switch includes a spring-loaded pop-up button (as 368 is in a self-contained spring loaded housing, see column 6 lines 18-34) for safety latching the interlocking clevis in a given position corresponding to a given one of the one or more notches into which the spring-loaded slide switch is locked into (see column 6 lines 18-34 and column 20 lines 20-29 and 43-60), to lock a primary swing arm at an angle in relation to support arm selected from a plurality of angles determined by the locations of the locking holes (see column 6 lines 18-34 and column 20 lines 20-29 an d 43-60).
Before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to modify the crane of Van Der Horn as modified above by adding one or more index notches and a spring-loaded slide switch to the interlocking clevis, to lock a primary swing arm at an angle in relation to support arm selected from a plurality of angles determined by the locations of the locking holes as taught by LeDuc, and/or to lock the portable crane in place at various angles with respect to a vehicle for the benefit of using a portable crane at various angles with respect to a vehicle without the portable crane sliding on the ground during load lifting operations.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Van Der Horn (US Patent 6,821,075 B2) in view of Wappler (US Patent 4,111,316), and in further view of Lucas (US Patent 3,866,759) as applied to claims 1, 4-5, and 10-11 above, and further in view of Creed (US Publication 2022/0033234 A1).
Regarding claim 3, None of Van Der Horn, Wappler, nor Lucas discloses one or more rails mounted on the mast.
Creed discloses a truss lifter (see figures 1-3) and teaches of providing one or more rails (205, see figures 2-3) mounted on a mast (101, see figures 1-3), to keep a lifting line (111, see figures 1-3) located close to the lifter (see paragraphs 0027 and 0029, and claim 5).
Before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to modify the crane of Van Der Horn as modified above by adding one or more rails mounted on the mast, to keep a lifting line located close to the lifter as taught by Creed, and/or to provide additional guiding structure for the lifting line to prevent twisting of the lifting line during load lifting operations.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Van Der Horn (US Patent 6,821,075 B2) in view of Wappler (US Patent 4,111,316), and in further view of Lucas (US Patent 3,866,759) as applied to claims 1, 4-5, and 10-11 above, and further in view of Kollmann et al. (US Patent 3,715,039).
Regarding claim 6, None of Van Der Horn, Wappler, nor Lucas discloses the boom including first and second sets of rollers.
Kollmann et al. (from on just referred as Kollmann) discloses a telescopic boom (see figures 1-4e, especially figure 2) and teaches of providing first and second sets of rollers (considered one of rollers 13 and 14, or 11 and 12, see figure 2) to guide telescopic parts (9 and/or 10, see figure 2) inside a telescopic boom section (2, see figure 2, and column 2 lines 31-51).
Before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to modify the crane of Van Der Horn as modified above by providing first and second sets of rollers to the boom, to guide telescopic parts inside a telescopic boom section as taught by Kollmann, and/or to reduce friction on the telescopic parts during extension and retraction of the telescopic parts.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Van Der Horn (US Patent 6,821,075 B2) in view of Wappler (US Patent 4,111,316), and in further view of Lucas (US Patent 3,866,759) as applied to claims 1, 4-5, and 10-11 above, and further in view of O’Brien et al. (US Publication 2013/0280020 A1).
Regarding claim 7, the above prior art does not explicitly disclose the hoist one of an electric hoist or a hydraulic hoist.
O’Brien et al. (from here on just referred to as O’Brien) discloses a crane (see figure 5) comprising a winch (52, or hoist, see figure 5) and teaches the winch is powered by a battery (i.e. an electric winch, see paragraph 0025).
Before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to modify the crane of Van Der Horn as modified above by providing the hoist as an electric hoist, to power a hoist using a battery as taught by O’Brien.
Claims 8 is rejected under 35 U.S.C. 103 as being unpatentable over Van Der Horn (US Patent 6,821,075 B2) in view of Wappler (US Patent 4,111,316), and in further view of Lucas (US Patent 3,866,759) as applied to claims 1, 4-5, and 10-11 above, and further in view of Kriner (US Publication 2012/0048823 A1).
Regarding claim 8, the above prior art does not explicitly disclose the rope is one of a synthetic rope or a wire rope.
Kriner discloses a hitch hoist system (see figures 1-6, especially figure 3a) and teaches of the windable cable (192, see figure 3a) of the system formed of cables of braided/non-braided wire (see paragraph 0032).
Before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to modify the crane of Van Der Horn as modified above by providing the rope as a cable of braided/non-braided wire (i.e. wire rope), to provide a braided/non-braided wire as the windable cable for a hoist system as taught by Kriner.
Claims 9 is rejected under 35 U.S.C. 103 as being unpatentable over Van Der Horn (US Patent 6,821,075 B2) in view of Wappler (US Patent 4,111,316), and in further view of Lucas (US Patent 3,866,759) as applied to claims 1, 4-5, and 10-11 above, and further in view of Hangoebl (US Publication 2018/0229977 A1).
Regarding claim 9, the above prior art does not explicitly disclose a wired remote control or a wireless remote control.
Hangoebl discloses a crane (14, see figures 3) and teaches of the crane controlled by a mobile control module (2, i.e. wireless remote) to provide inputs for the operation of the crane (see paragraph 0041-0042).
Before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to modify the crane of Van Der Horn as modified above by providing a mobile control module (i.e. wireless remote) to the crane, to provide inputs for the operation of the crane as taught by Hangoebl.
Claims 13 is rejected under 35 U.S.C. 103 as being unpatentable over Van Der Horn (US Patent 6,821,075 B2) in view of Creed (US Publication 2022/0033234 A1).
Regarding claim 13, Van Der Horn does not explicitly disclose one or more rails mounted on the mast.
Creed discloses a truss lifter (see figures 1-3) and teaches of providing one or more rails (205, see figures 2-3) mounted on a mast (101, see figures 1-3), to keep a lifting line (111, see figures 1-3) located close to the lifter (see paragraphs 0027 and 0029, and claim 5).
Before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to modify the crane of Van Der Horn by adding one or more rails mounted on the mast, to keep a lifting line located close to the lifter as taught by Creed, and/or to provide additional guiding structure for the lifting line to prevent twisting of the lifting line during load lifting operations.
Claims 14 is rejected under 35 U.S.C. 103 as being unpatentable over Van Der Horn (US Patent 6,821,075 B2) in view of O’Brien et al. (US Publication 2013/0280020 A1).
Regarding claim 14, Van Der Horn does not explicitly disclose the hoist one of an electric hoist or a hydraulic hoist.
O’Brien et al. (from here on just referred to as O’Brien) discloses a crane (see figure 5) comprising a winch (52, or hoist, see figure 5) and teaches the winch is powered by a battery (i.e. an electric winch, see paragraph 0025).
Before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to modify the crane of Van Der Horn by providing the hoist as an electric hoist, to power a hoist using a battery as taught by O’Brien.
Claims 15 is rejected under 35 U.S.C. 103 as being unpatentable over Van Der Horn (US Patent 6,821,075 B2) in view of Kriner (US Publication 2012/0048823 A1).
Regarding claim 15, Van Der Horn does not explicitly disclose the rope is one of a synthetic rope or a wire rope.
Kriner discloses a hitch hoist system (see figures 1-6, especially figure 3a) and teaches of the windable cable (192, see figure 3a) of the system formed of cables of braided/non-braided wire (see paragraph 0032).
Before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to modify the crane of Van Der Horn by providing the rope as a cable of braided/non-braided wire (i.e. wire rope), to provide a braided/non-braided wire as the windable cable for a hoist system as taught by Kriner.
Claims 16 is rejected under 35 U.S.C. 103 as being unpatentable over Van Der Horn (US Patent 6,821,075 B2) in view of Hangoebl (US Publication 2018/0229977 A1).
Regarding claim 16, Van Der Horn does not explicitly disclose a wired remote control or a wireless remote control.
Hangoebl discloses a crane (14, see figures 3) and teaches of the crane controlled by a mobile control module (2, i.e. wireless remote) to provide inputs for the operation of the crane (see paragraph 0041-0042).
Before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to modify the crane of Van Der Horn as modified above by providing a mobile control module (i.e. wireless remote) to the crane, to provide inputs for the operation of the crane as taught by Hangoebl.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Van Der Horn (US Patent 6,821,075 B2) in view of Pingon (US Patent 3,596,772).
Regarding claim 18, Van Der Horn does not explicitly disclose one or more rails mounted on the boom.
Pingon discloses a tower crane (see figures 1-11, especially figures 3-8) and teaches of providing guiding rails on the first jib length (considered the length of 27) for movement of the second jib length (considered the length of 40), to allow the second jib length to be movable inside the first jib length (see claim 6).
Before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to modify the crane of Van Der Horn by providing a guide rail on the boom 15 for the boom extension 16, to allow the second length of the jib extension to be movable inside the first length of the boom as taught by Pingon, and/or to reduce friction on the telescopic parts during extension and retraction of the telescopic parts.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUAN J CAMPOS, JR whose telephone number is (571)270-5229. The examiner can normally be reached on Monday-Friday 9am-6pm.
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/JJC/
/ANNA M MOMPER/Supervisory Patent Examiner, Art Unit 3654