Prosecution Insights
Last updated: July 17, 2026
Application No. 18/593,237

LIFT DEVICE

Non-Final OA §102§103
Filed
Mar 01, 2024
Examiner
TRAN, DIEM M
Art Unit
3647
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Terex South Dakota Inc.
OA Round
1 (Non-Final)
80%
Grant Probability
Favorable
1-2
OA Rounds
1m
Est. Remaining
93%
With Interview

Examiner Intelligence

Grants 80% — above average
80%
Career Allowance Rate
532 granted / 665 resolved
+28.0% vs TC avg
Moderate +13% lift
Without
With
+13.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
27 currently pending
Career history
686
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
70.3%
+30.3% vs TC avg
§102
21.4%
-18.6% vs TC avg
§112
1.9%
-38.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 665 resolved cases

Office Action

§102 §103
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 . This is the First Office Action on the merits of Application No. 18/593237, filed on 03/01/2024. Claims 1-20 are still pending in the application. 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 additional actuators in claim 14 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 § 102 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. Claim(s) 1-13, 16 and 19-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by EP 4206117 to Grossele (henceforth referred to as Grossele). Regarding claims 1-13 and 16, Grossele discloses a lift device (i.e. Fig. 2) comprising: a support member arrangement including a first upright support member (i.e. Fig. 2, ref. 3), a second upright support member (i.e. Fig. 2, ref. 15) movably associated with the first upright support member and a third upright support member (i.e. Fig. 2, ref. 4) movably associated with the second upright support member; and a drive system that is operable to move the support member arrangement between a lowered position (i.e. Fig. 1) and a raised position (i.e. Fig. 2), the drive system including a first and second drive member (i.e. Fig. 10, ref. 61, 10 and 62, 13, respectively) and an actuator (i.e. Fig. 10, ref. 7) for moving the first and second drive members, wherein the first drive member is movably associated with the second upright support member and fixedly connected to the first upright support member and the third upright support member (i.e. Fig. 10, ref. 61, 101, 6, and paragraph 0105: “first motion transformation mechanism 10… comprises a second flexible element 101… provided with a first end 102 mechanically connected to the drive shaft 9 and with a second end 103 connected to the fixed tube 3”), and the second drive member is movably associated with the third upright support member and fixedly connected to the second upright support member (i.e. Fig. 10, ref. 62, 131, 12), and wherein the first and second drive members are configured to cooperate to provide synchronized movement of the second and third upright support members (i.e. paragraph 0045: “thrust means 6 comprise a first thrust element 6… placed as a mechanical connection between the fixed tube 3 and the intermediate movable tube 15, and a second thrust element 62… as a mechanical connection between the movable tube 45 and the intermediate moveable tube 15”). Wherein the second upright support member is configured to telescopically receive the first upright support member when the support member arrangement moves from the raised position toward the lowered position (i.e. Fig. 1-Fig. 2 are telescopically raised). Wherein the third upright support member (i.e. Fig. 2, ref. 4) is configured to telescopically receive the second upright support member (i.e. Fig. 2, ref. 15) when the support member arrangement moves from the raised position (i.e. Fig. 2) toward the lowered position (i.e. Fig. 1). Wherein the first drive member is fixedly connected to the first upright support member (i.e. paragraph 0105: “first motion transformation mechanism 10… comprises a second flexible element 101… provided with a first end 102 mechanically connected to the drive shaft 9 and with a second end 103 connected to the fixed tube 3”) within the second upright support member. Wherein the first drive member is positioned within the second upright support member, and the second drive member is positioned within the third upright support member (i.e. Fig. 2, ref. 3 fits inside ref. 15 which fits inside ref. 4). Wherein the first and second drive members each comprise a flexible drive member (i.e. Fig. 10, ref. 101 and 131, respectively). Wherein the first and second drive members each comprise a reciprocating drive member (i.e. Fig. 10, ref. 81 and 14, respectively). Wherein at least one of the first and second drive members comprises a belt, chain or cable (i.e. paragraph 0105: “a second flexible element 101 (such as a second cable)”). Wherein the actuator is connected to the third upright support member (i.e. Fig. 9, ref. 7 is connected to ref. 4). Wherein the actuator comprises a manually operable actuator (i.e. paragraph 0046: “at least one manual actuator 7… manually actuated by an operator and mechanically connected to the movable tube 4”). Further comprising a work platform (i.e. Fig. 2, ref. 5) connected to the support member arrangement and configured to support an operator. Wherein the work platform is fixedly connected to the third upright support member (i.e. Fig. 2, ref. 5 is connected to ref. 4). Further comprising a movable base (i.e. Fig. 2, ref. 2) to which the first upright support member is fixedly attached. Wherein the first drive member is positioned between the second upright support member and the first upright support member, and the second drive member is positioned between the third upright support member and the second upright support member (i.e. paragraph 0045: “thrust means 6 comprise a first thrust element 6… placed as a mechanical connection between the fixed tube 3 and the intermediate movable tube 15, and a second thrust element 62… as a mechanical connection between the movable tube 45 and the intermediate moveable tube 15”). Regarding claim 19, Grossele discloses a lift device (i.e. Fig. 2) comprising: a support member arrangement including multiple support members, the multiple support members including first, second and third support members (i.e. Fig. 2, ref. 3, 15, and 4, respectively), wherein the second and third support members are movable with respect to the first support member so that the support member arrangement is movable between a lowered position (i.e. Fig. 1) and a raised position (i.e. Fig. 2); and a drive system that is operable to move the support member arrangement between the lowered position and the raised position, the drive system including a drive member (i.e. Fig. 10, ref. 10 and 13 and paragraph 0105: “first motion transformation mechanism 10… comprises a second flexible element 101… provided with a first end 102 mechanically connected to the drive shaft 9 and with a second end 103 connected to the fixed tube 3”) that is movably associated wit the second support member and fixedly connected to the first support member and the third support member. Regarding claim 20, Grossele discloses a lift device (i.e. Fig. 2) comprising: a movable base (i.e. Fig. 2, ref. 2); a support member arrangement including a first upright support member (i.e. Fig. 2, ref. 3) fixedly attached to the base, a second upright support member (i.e. Fig. 2, ref. 15) movably associated with the first upright support member so that the second upright support member is telescopically slidable with respect to the first upright support member, and a third upright support member (i.e. Fig. 2, ref. 4) movably associated with the second upright support member so that the third upright support member is telescopically slidable with respect to the second upright support member; and a drive system that is operable to move the support member arrangement between a lowered position (i.e. Fig. 1) and a raised position (i.e. Fig. 2), the drive system including a first and second reciprocatable drive members (i.e. Fig. 10, ref. 61, 10 and 62, 13, respectively) and a manual actuator (i.e. Fig. 10, ref. 7) for moving the first and second drive members, wherein the first drive member is movably received within the second upright support member and fixedly connected to the first upright support member and the third upright support member (i.e. Fig. 10, ref. 61, 101, 6, and paragraph 0105: “first motion transformation mechanism 10… comprises a second flexible element 101… provided with a first end 102 mechanically connected to the drive shaft 9 and with a second end 103 connected to the fixed tube 3”), and the second drive member is movably received within the third upright support member and fixedly connected to the second upright support member (i.e. Fig. 10, ref. 62, 131, 12), and wherein the first and second drive members cooperate to provide synchronized movement of the second and third upright support members upon actuation of the manual actuator (i.e. paragraph 0045: “thrust means 6 comprise a first thrust element 6… placed as a mechanical connection between the fixed tube 3 and the intermediate movable tube 15, and a second thrust element 62… as a mechanical connection between the movable tube 45 and the intermediate moveable tube 15” and paragraph 0050-0051: “manual actuator 7, and first motion transformation mechanism placed as a kinematic connection between the drive shaft and the fixed tube 3… for executing a motion conversion… associated with the movable tube 4 so as to kinematically connect the movement of the latter). Claim Rejections - 35 USC § 103 The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. Claim(s) 14-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over EP 4206117 to Grossele. Regarding claims 14-15, Grossele does not teach an additional actuator. However, it would have been obvious to one of ordinary skill in the art at the time the invention was made to use redundant actuator to provide backup for the raising and lowering of the support members since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. Allowable Subject Matter Claims 17-18 are 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. KR 20-2023-0000501 to Yoo teaches a telescopic lift; FR 3039530 to Peronnier teaches a telescopic lift. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DIEM M TRAN whose telephone number is (571)270-7825. The examiner can normally be reached M 9-5, W-F 10-2. 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 supervisor, Michael Mansen can be reached at 571-272-6608. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /DIEM M TRAN/Examiner, Art Unit 3654
Read full office action

Prosecution Timeline

Mar 01, 2024
Application Filed
Jun 10, 2026
Non-Final Rejection mailed — §102, §103 (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
80%
Grant Probability
93%
With Interview (+13.4%)
2y 6m (~1m remaining)
Median Time to Grant
Low
PTA Risk
Based on 665 resolved cases by this examiner. Grant probability derived from career allowance rate.

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