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 .
The following correspondence is a Final Office Action for application no. 18/613,871 for a LEVELING PAD SYSTEM AND METHOD OF USE, filed on 3/22/2024. This correspondence is in response to applicant’s reply filed on 2/19/2026. Claims 1-41 are pending.
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.
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.
Claim(s) 1, 2 and 5-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rand et al. (U.S. Pat. 7,520,483) in view of Becker et al. (U.S. Pat. 4,662,265).
Regarding claim 1, Rand teaches a leveling pad system (Fig. 15), comprising: a top member; the top member having a top surface; the top member having a mating surface; wherein the mating surface of the top member extends at an angle downward relative to the top surface; the top member having a central axis; a bottom member; the bottom member having a bottom surface; the bottom member having a mating surface; wherein the mating surface of the bottom member extends at an angle upward relative to the top surface (in the same manner as that of applicant’s invention); an axle; the axle extending a length between a first end and a second end; wherein the axle is configured to be inserted into at least the bottom member at the central axis of the bottom member; wherein the bottom surface of the bottom member is configured to rest on a surface (ground); wherein the top surface of the top member is configured to receive and support a foot of a piece of equipment (ex., 18, bottom of pedestal for mailbox, col. 2, lines 10-14); wherein the top member is configured to rotate about the central axis of the top member independent of the bottom member and the bottom member is configured to rotate about the central axis independent of the top member; but does not teach that the top member having a handle fixedly attached to a side of the top member, the handle extending from a first side of the top member and being configured to transmit torque from a user to the top member to rotate the top member about the central axis; the bottom member having a handle fixedly attached to a side of the bottom member, the handle extending from a first side of the bottom member and being configured to transmit torque from a user to the bottom member to rotate the top member about the central axis, wherein when the bottom member is rotated by the handle of the bottom member about the axle the top surface of the top member moves to a desired slope in a first direction and when the top member is rotated by the handle of the top member about the axle the top surface of the top member moves to a desired slope in a second direction.
Becker teaches a top member (1) having a handle (36) fixedly attached to a side of the top member, the handle extending from a first side of the top member and being configured to transmit torque from a user to the top member to rotate the top member about the central axis; a bottom member (2) having a handle (37) fixedly attached to a side of the bottom member, the handle extending from a first side of the bottom member and being configured to transmit torque from a user to the bottom member to rotate the top member about the central axis, wherein when the bottom member is rotated by the handle of the bottom member about the axle the top surface of the top member moves to a desired slope in a first direction and when the top member is rotated by the handle of the top member about the axle the top surface of the top member moves to a desired slope in a second direction (Figs. 3-5) in order to form an arrangement for horizontally orienting a rotatable platform, wherein the rotational movement of the top and bottom members is simply caried out by rotating the handles. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the clamed invention, with a reasonable degree of success, to construct the top member having a handle fixedly attached to a side of the top member, the handle extending from a first side of the top member and being configured to transmit torque from a user to the top member to rotate the top member about the central axis; the bottom member having a handle fixedly attached to a side of the bottom member, the handle extending from a first side of the bottom member and being configured to transmit torque from a user to the bottom member to rotate the top member about the central axis, wherein when the bottom member is rotated by the handle of the bottom member about the axle the top surface of the top member moves to a desired slope in a first direction and when the top member is rotated by the handle of the top member about the axle the top surface of the top member moves to a desired slope in a second direction in order to allow the user to easily rotate the top and bottom members to the desired orientation to level the equipment supported thereon.
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[AltContent: arrow][AltContent: textbox (Top surface)]
[AltContent: connector][AltContent: textbox (Mating surface)][AltContent: arrow]
[AltContent: arrow][AltContent: textbox (Top member)]
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[AltContent: textbox (Bottom surface)][AltContent: textbox (Bottom member)]
Regarding claim 2, Rand and Becker teach the system of claim 1, wherein Rand teaches that the surface is a piece of ground, a floor, a pad, a mat, blocking, or cribbing (col. 1, lines 14-20).
Regarding claims 5 and 6, Rand and Becker teach the system of claim 1, wherein Rand teaches that the mating surface of the top member extends at approximately a 5-degree angle downward relative to the top surface of the top member and the mating surface of the bottom member extends at approximately a 5-degree angle upward relative to the bottom surface of the bottom member (col. 5, lines 7-18).
Regarding claim 7, Rand and Becker teach the system of claim 1, wherein Rand teaches that the axle extends through at least the mating surface of the top member and the mating surface of the bottom member.
Regarding claim 8, Rand and Becker teach the system of claim 1, wherein Rand teaches that the bottom member is rotated such that the top surface of the top member is at the desired slope in the first direction the top surface of the top member is approximately level in the first direction (member can be rotated to the desired orientation).
Regarding claim 9, Rand and Becker teach the system of claim 1, wherein Rand teaches that the top member is rotated such that the top surface of the top member is at the desired slope in the second direction the top surface of the top member is approximately level in the second direction (member can be rotated to the desired orientation).
Regarding claim 10, Rand and Becker teach the system of claim 1, wherein Rand teaches that the surface is a sloped surface, wherein when the bottom member is rotated to the desired slope the top surface of the top member is level in the first direction, and when the top member is rotated to the desired slope the top surface of the top member is level in the second direction (member can be rotated to the desired orientation).
Regarding claim 11, Rand and Becker teach the system of claim 1, wherein Rand teaches that the mating surface of the top member is configured to engage with the mating surface of the bottom member and the mating surface of the top member and the mating surface of the bottom member hold the top member and bottom member in secured engagement (secure engagement as dependent on friction fit or threading engagement of axle 266 in channel 264, col. 11, lines 1-3).
Claim(s) 3 and 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rand et al. (U.S. Pat. 7,520,483) in view of Becker et al. (U.S. Pat. 4,662,265) in further view of Sauber (U.S. Pat. 4,073,454).
Regarding claims 3 and 4, Rand and Becker teach the system of claim 1, but do not teach that the piece of equipment is an outrigger, stabilizer, or jack of a crane, a boom truck, an aerial work platform, or a concrete pump truck or wherein the foot is a foot of an outrigger and wherein the outrigger is configured to provide support to the piece of equipment when in operation. Sauber, however, teaches a pad (10) that supports a piece of equipment wherein the piece of equipment is an outrigger (13) or wherein the foot (12) is a foot of an outrigger (13) and wherein the outrigger is configured to provide support to the piece of equipment when in operation in order to support or level the outrigger mechanism that laterally stabilizes vehicular machinery. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the clamed invention, with a reasonable degree of success, wherein the piece of equipment is an outrigger, stabilizer, or jack of a crane, a boom truck, an aerial work platform, or a concrete pump truck or wherein the foot is a foot of an outrigger and wherein the outrigger is configured to provide support to the piece of equipment when in operation in order to support and level various items situated on a sloped surface, which is the intended use of the system, in view of Sauber.
Allowable Subject Matter
Claims 12-41 are allowed.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-11 have 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.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NKEISHA J. SMITH whose telephone number is (571)272-5781. The examiner can normally be reached Normal hours: M/Th 7-4; T 9-5; W 7-3; F 7-4.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Terrell McKinnon can be reached at 571-272-4797. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NKEISHA SMITH/Primary Examiner, Art Unit 3632 May 27, 2026
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