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 .
Claim Interpretation
Claims 1-17 are interpreted as requiring a mounting system useable with a support, but not as requiring a support per se. That is, the recitation “mounting system for connecting to a support” is intrinsically functional. No subsequent recitation requires a support. As the support is not set forth positively in the claims, the claims do not require a support per se.
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.
Claims 18-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2015/0139768 A1 (hereinafter “Egawa”).
Regarding claim 18 Egawa discloses a method of connecting a support (24) for supporting an object to a crane (1) including a counterweight (25), comprising:
Attaching (see fig. 5) the support (24) to one or more first mounts (24A) removably attached to a rotatable upper structure (5) of the crane (1) and one or more second mounts (16E) associated with the counterweight (25).
Regarding claim 19 Egawa discloses the above method, and further discloses wherein the support (24) comprises (is) a platform (24), and further including the step of placing an auxiliary power unit (29) on the platform (24).
Regarding claim 20 Egawa discloses the above method, and further discloses connecting the platform (24) to the one or more second mounts (16E) associated with a base plate (16C) of the counterweight (25).
Claims 1-2, 4-11, and 13-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 20190002250 A1 (hereinafter “Willim”).
Regarding claim 1 Willim discloses a crane including a mounting system for connecting a support (capable of connecting a support; i.e. this is a functional recitation), comprising:
an upper structure (1) rotatably supported by a chassis (portion of crane below the revolving deck);
one or more first mounts (M1, see annotated figure below) connected to the upper structure (1) and adapted for connecting to (capable of connecting to; i.e. this is a functional recitation) the support; and
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one or more second mounts (M2) connected to the upper structure (1) and adapted for connecting to (capable of connecting to; i.e. this is a functional recitation) the support.
Regarding claim 2 Willim discloses the above crane, and further discloses wherein the one or more first mounts (M1) comprise a pair of upper mounting brackets (UB) adapted to be removably attached from the upper structure (1).
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Regarding claim 4 Willim discloses the above crane, and further discloses wherein the one or more second mounts (M2) comprise (is) a lower mounting bracket including at least one fastener (pin).
Regarding claims 5 and 14 Willim discloses the above crane, and further discloses wherein the one or more first mounts (M1) and the one or more second mounts (M2) comprise (are):
a first upper mount and a first lower mount are aligned in a first common vertical plane (i.e. see alignment shown by figure 1); and
a second upper mount and a second lower mount are aligned in a second common vertical plane (i.e. see alignment shown by figure 1).
Regarding claims 6 and 15 Willim discloses the above crane, and further discloses wherein the support (with which the claimed crane is useable) comprises a platform (i.e. similar to element 2) having a pair of arms and a pair of legs (similar to fig. 2a), the one or more first mounts (M1) comprising (being) a pair of upper mounts, each being adapted to connect to one of the pair of arms (per fig. 2a), and the one or more second mounts (M2) comprising (being) a pair of lower mounts, each being adapted to connect to one of the pair of legs (per fig. 2a).
Regarding claim 7 Willim discloses the above crane, and further discloses further including a counterweight (3), wherein the one or more lower mounts (of M2, above) are integrally formed (in assembly with; i.e. the mounts are “necessary to make a whole complete; essential or fundamental” as they hold up the counterweight) with the counterweight (3).
Regarding claims 8 and 16 Willim discloses the above crane, and further discloses wherein the counterweight (3) comprises one or more plates, and the one or more lower mounts (of M2) are integrally formed (in assembly with; i.e. the mounts are “necessary to make a whole complete; essential or fundamental” as they hold up the plates) with one or more of the plates.
Regarding claims 9 and 17 Willim discloses the above crane, and further discloses wherein the counterweight (3) comprises a stack of two or more plates, and the one or more lower mounts (of M2, above) are integrally formed with (in assembly with; i.e. the mounts are “necessary to make a whole complete; essential or fundamental” as they hold up the lowermost plate) a lowermost plate in the stack of plates.
Regarding claim 10 Willim discloses a crane including a mounting system for connecting a support (capable of connecting a support; i.e. this is a functional recitation), comprising:
an upper structure (1) rotatably supported by a chassis (portion of crane below the revolving deck), the upper structure (1) including a counterweight (3);
one or more first mounts (M1) connected to the upper structure (1) and adapted for connecting to the support; and
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one or more second mounts (M2) connected to the counterweight (3) and adapted for connecting to the support (capable of connecting to a support; i.e. this is a functional recitation).
Regarding claim 11 Willim discloses the above crane, and further discloses wherein the one or more first mounts (M1) comprise a pair of upper mounting brackets (UB, see annotated figure below) adapted to be removably attached from the upper structure (1).
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Regarding claim 13 Willim discloses the above crane, and further discloses wherein the second mount (M2) comprises (is) a pair of lower mounting brackets, each including at least one fastener (pin).
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.
Claims 3 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Willim in view of US 6,065,620 (hereinafter “McGhie”).
Regarding claims 3 and 12 Willim discloses the above crane, and further teaches a pair of mounting brackets, each adapted for receiving at least three fasteners (i.e. sequentially, not simultaneously). Willim fails to teach each bracket comprising spaced plates, i.e. only one is clearly shown in the figures. This difference represents no more than duplication of parts, and is considered obvious in view of McGhie. McGhie teaches one or more pairs of brackets (see figure 9C) on a support (154) in conjunction with a counterweight system (see abstract). McGhie further teaches wherein each of the brackets includes a pair of spaced apart plates instead of a single plate (see fig. 9C). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make each of the brackets of Willim with two spaced apart plates, as taught by McGhie with a reasonable expectation of success. One having ordinary skill in the art would have been motivated to make this combination in order to provide better securement of the fasteners of Willim.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Such references show various forms of apparatus which comprise at least one similar feature to the present application.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Nathaniel L Adams whose telephone number is (571)272-4830. The examiner can normally be reached M-F 8-4 Pacific Time.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Victoria P Augustine can be reached at (313) 446-4858. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NATHANIEL L ADAMS/Examiner, Art Unit 3654
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