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
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“fixing device” in line 7 of claim 11.
“rolling element” in line 3 of claim 12.
“pressing element” in line 6 of claim 12 and line 3 of claim 13.
“release device” in line 2 of claim 16.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 (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 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.
Claim(s) 11, 14, and 19-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Eichler (DD53282B1).
Regarding claims 11 and 20, Eichler discloses a mobile crane supporting device and a mobile crane comprising a supporting device, comprising: a first support segment (1; Figure 1) configured to be fastened to an undercarriage of a mobile crane (page 2, first paragraph); a second support segment (3) configured to be moved within and relative to the first support segment (1) and which comprises a support foot (2) configured to be moved in a vertical direction; a fixing device (7-10) comprising contact portions (top surface of fixing device 7 and 10 and bottom surface of fixing device 8 and 9) which are respectively assigned to the first support segment (1) and the second support segment (3) and are configured to be moved into abutment with each other in order to prevent a travelling movement of the second support segment (3) in any relative position between the first support segment (1) and the second support segment (3; when the spindle 3 is engaged with the ground surface, this causes the contact portions 7-10 to abut and frictionally wedge with each other to prevent movement of the second support segment 3 relative to the first support segment as shown in Figure 1), wherein the respective contact portions interlock in a positive fit (Figure 1, the top and bottom surface of fixing devices 7,9; 10,8 make a flat and positive contact with each other); and wherein the second support segment (3) is configured to rotate within and relative to the first support segment (1) about an axis extending in a horizontal direction and transversely with respect to the travelling movement to selectively move the contact portions into abutment with each other or separate them from each other (Figures 1-2; second support segment 3 pivots about the axis of roller 4).
Regarding claim 14, Eichler discloses wherein the respective contact portions (7-10) are arranged on an inner wall of the first support segment (1) and an outer wall of the second support segment (3; Figure 3).
Regarding claim 19, Eichler discloses wherein the first support segment (1) comprises a supporting box (box 1), wherein the supporting box is associated with the second support segments (3) comprising supporting members (both support segments 3) which are movable on both sides of the supporting box.
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) 12-13 and 17-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Eichler in view of Lambert (US4084777A).
Regarding claim 12, Eichler discloses the above mobile crane supporting device, but fails to teach wherein an end region of the first support segment facing the support foot comprises: a lower support bearing which comprises at least one rolling element and via which the second support segment is configured to be supported on the first support segment while moving, and/or an upper support bearing which comprises at least one pressing element and via which the second support segment is configured to be supported on the first support segment while rotating.
Lambert teaches a similar mobile crane supporting device and further teaches wherein an end region (right side of 1A; Figure 1A) of the first support segment (1A) facing the support foot (6A, 8A) comprises: a lower support bearing (bottom side 4A) which comprises at least one rolling element and via which the second support segment (3A) is configured to be supported on the first support segment (1A) while moving, and/or an upper support bearing (top side 4A) which comprises at least one pressing element and via which the second support segment (3A) is configured to be supported on the first support segment (1A) while rotating. It would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to modify the supporting device of Eichler to include the lower support bearing and/or upper support bearing on an end region of the first support segment as taught by Lambert in order to provide smooth translational movement of the second support segment and prevent damage to both the first and second support segments.
Regarding claim 13, Eichler discloses the above mobile crane supporting device and further teaches wherein: an end region of the second support segment (3) facing away from the support foot (2) comprises an upper support bearing (5, 6; Figure 1) which comprises at least one pressing element and via which the second support segment (3) is configured to be supported on the first support segment (1) while moving.
Regarding claims 17-18, Eichler discloses the above mobile crane supporting device, but fails to teach wherein the travelling movement of the second support segment relative to the first support segment is generated by a hydraulic cylinder or a mechanical drive; wherein the support foot comprises a hydraulic supporting cylinder.
Lambert teaches a similar mobile crane supporting device and further teaches wherein the travelling movement of the second support segment (3A) relative to the first support segment (1A) is generated by a hydraulic cylinder (10A; Figure 1A); wherein the support foot (6A, 8A) comprises a hydraulic supporting cylinder (11A). It would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to modify the supporting device of Eichler to include the second support segment and support foot hydraulic cylinders as taught by Lambert in order to provide high linear force and smooth operation in a compact configuration.
Response to Arguments
Applicant's arguments filed 01/29/2026 with respect to claim 11 have been fully considered but they are not persuasive.
Regarding claim interpretation under 35 U.S.C 112(f), in page 10, the applicant argued that a fixing device, rolling element, pressing element, and release device are understood known structures to one of ordinary skill in the art.
The examiner construed that the fixing device, rolling element, pressing element, and release device have an undefined structure in which can be broadly interpreted as any device that may differ from the intended purpose and function. For example, the fixing device can be interpreted as a fixing pin or clamp, the rolling element can be interpreted as a rolling bearing or shaft, the pressing element can be interpreted as a compression or lever part, and a release device can be interpreted as a vent valve. Therefore, the claim limitation(s) should recite sufficient structure.
Regarding claim 11, in the last two paragraphs of page 11 and in page 12, the applicant argued that the disclosure of Eichler and Lambert fail to teach wherein the respective contact portions interlock in a positive fit with form locking engagement.
The examiner construed that the top surface of the fixing devices 7 and 10 abuts with the bottom surface of fixing devices 8 and 9 to form a frictional wedge in which the surfaces form a flat and matching profile when made in contact (as shown in Figure 1), therefore providing an interlock between the contact portions of the fixing device in a positive fit. Thus, contradicting to applicant’s assertions, such argument does not overcome the prior art.
Allowable Subject Matter
Claims 15 and 16 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.
The following is a statement of reasons for the indication of allowable subject matter:
Claim 15 would be allowable over the prior art of record because the prior art of record fails to teach or fairly suggest the entire combination of elements set forth including for disclosing wherein at least one of the contact portions exhibits a toothed profile.
Claim 16 would be allowable over the prior art of record because the prior art of record fails to teach or fairly suggest the entire combination of elements set forth including for disclosing wherein the fixing device comprises a release device which is biased as soon as the contact portions are moved into abutment with each other and which, when biased, is inclined to separate the contact portions from each other again, wherein the release device comprises an elastic spring.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/H.S./ Examiner, Art Unit 3654
/ANNA M MOMPER/ Supervisory Patent Examiner, Art Unit 3619