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 .
Election/Restrictions
Applicant's election with traverse of Species II (Claims 1-20) in the reply filed on 6/14/2026 is acknowledged. The traversal is on the ground(s) that both Species I and II includes a housing and a lift mechanism, therefore, there is no search burden. This is not found persuasive because each Species requires mutually exclusive structural limitations of the housing and/or lift mechanisms. For example, Species II requires a multi-piece arrangements of the lift arm including a main arm and one or more secondary arm secured to the main arm via one or more fasteners and one or more apertures, the lift arm used with a locking mechanism. Also, Species II requires an elongate slot on a sidewall that receives a slider coupled to the carriage to the second end of the lift arm. Species I does not require aforementioned structures required by Species II. Such mutually exclusive difference can be seen at least in fig1 (Species I) and figs 8 and 11 (Species II).
The requirement is still deemed proper and is therefore made FINAL.
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, “a thrust bearing” of claim 13 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 Objections
Claim 1 is objected to because of the following informalities: “a first end of the lift arm” in line 9 should be corrected as --[[a]]the first end of the lift arm--. Appropriate correction is required.
Claim 9 is objected to because of the following informalities: “a load” in line 5 should be corrected as --[[a]]the load--. Appropriate correction is required.
Claim 18 is objected to because of the following informalities: “a first end of the lift arm” in line 16 should be corrected as --[[a]]the first end of the lift arm--. Appropriate correction is required.
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 2-6, 18-20 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 2: Claim 2 recites “a first axis”, “a second axis”, and “a fourth axis”, however, does not recite “a third axis”. Therefore, the scope of the claim is indefinite.
Claim 18: Claim 18 recites “a first axis”, “a second axis”, and “a fourth axis”, however, does not recite “a third axis”. Therefore, the scope of the claim is indefinite.
Claim 20: Claim 20 recites “a third length between the third axis and the fourth axis” in line 3. However, there is insufficient antecedent basis for this limitation in the claim. Also, it is not clear how “the third axis” is being defined. Therefore, the scope of the claim is indefinite. For examination purposes, “the third axis” is interpreted as --[[the]]a third axis--.
Claims 3-6 and 19 are rejected as being dependent upon a rejected base claim.
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) 1-7, 11-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mancin et al (US 2015/0034888 A1) in view of Miller et al (US 6,910,677 B1).
Regarding claim 1, Mancin et al (‘888) discloses a vehicle jack (fig2), comprising:
a base 6 (para[0012]);
a lift arm 11 (para[0013]) including a first end (a top end near an element 26, fig2) that engages a load (via an element 27, para[0015]) and a second end (a bottom end near an element 14, fig2) that is movably coupled to the base 6;
a crank arm 12 (para[0013]) including a third end (a bottom end near an element 15, fig2) that is pivotally (about an axis 17, fig2, para[0013]) coupled to the base 6 and a fourth end (a top end near an element 13, fig2) that is pivotally (about an axis 13, fig2, para[0013]) coupled to the lift arm 11 between the first end and the second end (fig2);
an actuator 42 (para[0021]) coupled to the lift arm 11;
wherein the actuator 42 is actuated to move the second end of the lift arm 11 relative to the third end of the crank arm 12 to cause a vertical movement at the first end of the lift arm 11 between a lowered position and a raised position (para[0019],[0021],[0027]). However, Mancin et al does not explicitly disclose that the actuator is actuated by an electric motor, instead, Mancin et al discloses manually actuating the actuator.
Miller et al (‘677) teaches a use of an electric motor 40 (col.4 line54, col.5 lines12-15) to actuate an actuator 16 (col.5 lines12-15) automatically. It is noted that broadly providing an automatic or mechanical means to replace a manual activity which accomplished the same result is not sufficient to distinguish over the prior art (MPEP 2144.04 III.). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Mancin et al to use an electric motor, as taught by Miller et al, for the purpose of automatically actuating the actuator.
Regarding claim 2, the combination of Mancin et al and Miller et al teaches the vehicle jack of claim 1. Mancin et al further discloses wherein the lift arm 11 includes a saddle 27 (para[0015]) that is pivotally coupled to the first end of the lift arm 11 to rotate about a first axis 29 (para[0015]), the lift arm 11 is pivotally coupled to the base 6 at the second end to pivot about a second axis 16 (para[0013]), and the lift arm 11 is pivotally coupled to the fourth end of the crank arm 12 to rotate about a fourth axis 13 (para[0013]), the fourth axis 13 being between the first axis 29 and the second axis 16.
Regarding claim 3, the combination of Mancin et al and Miller et al teaches the vehicle jack of claim 2. Mancin et al further discloses wherein the fourth axis 13 is at a midpoint between the first axis 29 and the second axis 16 (fig2).
Regarding claim 4, the combination of Mancin et al and Miller et al teaches the vehicle jack of claim 2. Mancin et al further discloses wherein the second end of the lift arm 11 is pivotally coupled (operatively) to a carriage 47 (para[0022]) that engages the base 6 to provide a sliding motion therebetween (para[0022]).
Regarding claim 5, the combination of Mancin et al and Miller et al teaches the vehicle jack of claim 4. Mancin et al further discloses wherein the actuator 42 is a lead screw (para[0021], fig2) and the carriage 47 is a drive nut (para[0022]), the lead screw extending through the drive nut to engage with a bracket 40 (fig2, para[0020],[0021]) that is pivotally coupled to the third end of the crank arm 12 (fig2).
Regarding claim 6, the combination of Mancin et al and Miller et al teaches the vehicle jack of claim 5. Mancin et al further discloses wherein the base 6 includes a sidewall 9 (para[0012]) defining an elongate slot 21 (para[0014], fig2) that receives a slider 22 (para[0014]) that is coupled to the carriage 47 (operatively) to the second end of the lift arm 11.
Regarding claim 7, the combination of Mancin et al and Miller et al teaches the vehicle jack of claim 1. Mancin et al further discloses wherein rotation of the actuator 42 generates horizontal movement of the second end of the lift arm 11 relative to the third end of the crank arm 12, and wherein an amount of horizontal movement of the second end of the lift arm 11 generates a corresponding amount of vertical movement in the first end of the lift arm (para[0027], claim 1).
Regarding claim 11¸ Mancin et al discloses a vehicle jack (fig2), comprising:
a base 6 (para[0012]);
a carriage 47 (para[0022]) movably coupled (operatively indirectly) to translate along the base 6, the carriage 47 includes a drive nut (para[0022]);
a saddle 27 (para[0015]) configured to engage a vehicle;
a lift arm 11 (para[0013]) including a first end (a top end near an element 26, fig2) pivotally coupled to the saddle 27 to define a first axis 29 (fig2, para[0015]) and a second end (a bottom end near an element 14, fig2) pivotally coupled to the carriage 47 to define a second axis 48 (fig2, para[0022]);
a crank arm 12 (para[0013]) including a third end (a bottom end near an element 15, fig2) that is pivotally (about an axis 17, fig2, para[0013]) coupled to the base 6 to define a third axis 17 (fig2) and a fourth end (a top end near an element 13, fig2) that is pivotally (about an axis 13, fig2, para[0013]) coupled to the lift arm 11 to define a fourth axis 13 that is between the first axis 29 and the second axis 48 (fig2);
a lead screw 42 (para[0021]) threadably engaged with the drive nut 47;
wherein the lead screw 42 is rotated to adjust an angle between the lift arm 11 and the crank arm 12 to move the vehicle jack between a raised position corresponding to a minimum value of the angle and a lowered position corresponding to a maximum value of the angle (para[0019],[0021],[0027]). However, Mancin et al does not explicitly disclose a use of a battery and an electric motor to rotate the lead screw, instead, Mancin et al discloses manually rotating the lead screw.
Miller et al (‘677) teaches a use of an electric motor 40 (col.4 line54, col.5 lines12-15) powered by a battery 44 (col.4 lines58-59) to rotate a lead screw 16 (col.5 lines12-15) automatically. It is noted that broadly providing an automatic or mechanical means to replace a manual activity which accomplished the same result is not sufficient to distinguish over the prior art (MPEP 2144.04 III.). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Mancin et al to use an electric motor powered by a battery, as taught by Miller et al, for the purpose of automatically rotating the lead screw.
Regarding claim 12¸ the combination of Mancin et al and Miller et al teaches the vehicle jack of claim 11. Mancin et al further discloses wherein the fourth axis 13 bisects a length defined between the first axis 29 and the second axis 48 (fig2) so that rotation of the lead screw 42 generates movement of the carriage 47 along a first direction that corresponds to movement of the saddle 27 along a second direction that is perpendicular to the first direction (fig2).
Regarding claim 13¸ the combination of Mancin et al and Miller et al teaches the vehicle jack of claim 12. Mancin et al, as modified by Miller et al, further discloses wherein the lead screw 42 includes a first end 45 (fig2) that is coupled with the electric motor and a second end (an opposite end) that is coupled to a thrust bearing 44 (para[0021]) that is provided in a bracket 40 (para[0020]) of the base 6 that pivotally coupled to the crank arm 12.
Regarding claim 14¸ the combination of Mancin et al and Miller et al teaches the vehicle jack of claim 13, the first end of the lead screw is coupled to the electric motor via a rotational coupler 38 (col.4 line39, Miller et al).
Regarding claim 15¸ the combination of Mancin et al and Miller et al teaches the vehicle jack of claim 11. Mancin et al further discloses wherein the second end of the lift arm 11 defines a yoke (“U-shaped cross section” defined by flanges 37, para[0018]) that receives the carriage 47 (fig2).
Claim(s) 1, 8-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Arzouman (US 6,779,780 B2) in view of Nebel (US 10,167,178 B2).
Regarding claim 1, Arzouman (‘780) discloses a vehicle jack (fig1), comprising: a base (col.4 line47); a lift arm 44 (col.5 lines1-2) including a first end 46 (col.5 lines2-3) that engages a load (via an element 82) and a second end 48 (col.5 line3) that is movably coupled to the base (fig1); a crank arm 52 (col.5 line5) including a third end 54 (fig10, col.5 line6) that is pivotally coupled to the base (fig1, col.5 lines6-8) and a fourth end 58 (fig10, col.5 line8) that is pivotally coupled to the lift arm 44 between the first end 46 and the second end 48 (fig10); an actuator 36 (col.5 line24) coupled to the lift arm 44 (fig1), wherein the actuator 36 is actuated to move the second end 48 of the lift arm 44 relative to the third end 54 of the crank arm 52 to cause a vertical movement of the first end 46 of the lift arm 44 between a lowered position and a raised position (col.5 lines24-36). However, Arzouman does not explicitly disclose a use of an electric motor, instead, Arzouman discloses a use of a hydraulic actuator. Nebel (‘178) teaches that an electric motor and drive screw and a hydraulic or pneumatic actuator are both known actuator for a vehicle jack (col.8 lines50-54). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Arzouman to use an electric motor, as taught by Nebel, as both an electric motor and drive screw and a hydraulic or pneumatic actuator are both known actuator for a vehicle jack (col.8 lines50-54).
Regarding claim 8¸ the combination of Arzouman and Nebel teaches the vehicle jack of claim 1. Arzouman further discloses a locking mechanism (figs13-14, col.9 line44) that includes a sawtooth rack 118 (col.9 line49) coupled to the base (figs13-14) and a pawl 120 (col.9 line51) coupled to the lift arm 44 to ratchetingly engage the sawtooth rack 118 to allow movement of the lift arm 44 toward the raised position and to prevent movement of the lift arm 44 toward the lowered position (col.9 lines43-57).
Regarding claim 9¸ the combination of Arzouman and Nebel teaches the vehicle jack of claim 8. Arzouman further discloses wherein the sawtooth rack 118 includes a plurality of cutouts 122 (col.9 line53), each of the plurality of cutouts 122 defining: a ramped surface (figs13-14, angled surface) to slidably engage the pawl 120 to allow the pawl 120 to move to a subsequent one of the plurality of cutouts 122 as the lift arm 44 moves toward the raised position, and an engagement surface (figs13-14, vertical surface) configured to engage with the pawl 120 to transfer the load supported by the lift arm 44 to the base and prevent movement of the lift arm 44 toward the lowered position (col.10 lines28-31).
Regarding claim 10, the combination of Arzouman and Nebel teaches the vehicle jack of claim 9. Arzouman further discloses wherein the locking mechanism includes a release mechanism 124 (col.10 lines25-26) to permit an operator to selectively disengage the pawl 120 from the sawtooth rack 118 and allow for movement of the lift arm 44 toward the lowered position (col.10 lines25-39).
Allowable Subject Matter
Claims 16-17, and 19 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.
Claim 18 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Claim 20 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include 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:
The subject matter of the independent claim(s) could either not be found or was not suggested in the prior art of record. The subject matter of independent claim 18 not found was a use of a carriage including a drive nut, a first pad that is received in the first slot and a second pad that is received in the second slot; in combination with the limitations set forth in claim 18 of the instant invention.
Claims 19-20 depend on claim 18.
The subject matter of the claim(s) could either not be found or was not suggested in the prior art of record. The subject matter of claim 16 not found was that the carriage includes a first pin that extends through a first arm of the yoke to couple with a first pad and a second pin that extends through a second arm of the yoke to couple with a second pad; in combination with the limitations set forth in claim 16 and any intervening claims of the instant invention.
Claim 17 depends on claim 16.
None of the prior arts of record considered as a whole, alone or in combination, teaches or renders obvious the allowable subject matter of the instant invention.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Seahee Hong whose telephone number is (571)270-5778. The examiner can normally be reached M-Th 8am-4pm ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Keller can be reached at (571) 272-8548. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SEAHEE HONG/Primary Examiner, Art Unit 3723
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