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 amendment filed 1/20/2026 has been entered.
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 1-8 and 11-15 are rejected under 35 U.S.C. 103 as being unpatentable over Hey (US 2006/0147268) in view of Hodapp (US 2015/0210360).
With respect to claim 1, Hey disclose a hydraulic boat lift comprising: a supportive base 28, 30; a leading vertical support 12,14 pivotally attached to opposing first and second sides of said base 34, said base extending fully between and interconnecting said leading and trailing vertical supports 12, 14; a trailing vertical support 12,14 pivotally attached to said opposing first and second sides of said base 34; a first bunk 48 pivotally interconnected to and extending between said leading and trailing supports; a second bunk 48 disposed laterally of said first bunk, said second bunk pivotally connected to and extending between said leading and trailing supports (see Fig. 1); and a pair of hydraulic cylinder actuators 27, each said hydraulic cylinder actuator being pivotally connected at a first end of said actuator to a selected one of said leading and trailing supports 14 and being pivotally connected at an opposite second end to a transverse beam 32; said hydraulic actuator cylinders being operated to selectively pivot said leading and trailing vertical supports and said first and second bunks into a pivotally opened condition wherein said leading and trailing vertical supports raise said first and second bunks whereby the lift is raised and a pivotally closed condition wherein said leading and trailing vertical supports lower said first and second bunks and said base remains mounted to the floor to the waterbody substrate with the floor of body of water with an end plate 40 (see Figs. 1-4, Para [0031]-[0034]).
However, Hey fails to disclose or fairly suggest each hydraulic cylinder actuator being pivotally connected at an opposite second end to a respective of one said first and second bunks and the first and second bunks at a longitudinal position on said respective bunk intermediate said leading and trailing vertical supports.
Hoadapp discloses a boat lift for mounting to the floor of a body of water with a supportive base 28 (see Fig.2) with actuators comprising at a pair of hydraulic cylinder actuators 30, each hydraulic cylinder actuator being pivotally connected at a first end to one of said leading and trailing supports 24 and being pivotally connected at an opposite second end to a platform 14; said hydraulic actuator cylinders being operated to selectively pivot said leading and trailing vertical supports and said first and second bunks/platform 14, at a longitudinal position on said respective bunk intermediate said leading and trailing vertical supports, into a pivotally opened condition wherein said leading and trailing vertical supports raise said first and second bunks/platform 14 whereby the lift is raised and a pivotally closed condition wherein said leading and trailing vertical supports lower said first and second bunks/platform 14 and said base remains mounted to the floor to the waterbody substrate with the floor of body of water with a foot 28 (see Fig. 4, Para [0014] & [0035]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the actuators of Hey to be attached between the bunks and supports as taught by Hoadapp in order to provide simple structure for the power mechanism in the boat lift with having separate support beams to extend or retrace in unison at a consistent speed despite not having a mechanical linkage to equalize speed or forces between the supports and bunks.
With respect to claim 2, Hey disclose said leading/trailing support 12, 14 includes a spaced apart pair of laterally adjacent leading vertical support beams pivotally attached to respective first and second sides of said base 28, 34 proximate a leading end of said base, and said trailing/leading support 12, 14 includes a spaced apart pair of laterally adjacent trailing vertical support beams, each trailing vertical support beam being pivotally attached to a respective one of said first and second sides of said base 28, 34; said leading and trailing vertical support beams 12, 14 attached to said first side of said base being pivotally interconnected to said first bunk 48, and said leading and trailing vertical support beams pivotally attached to said second side of said base being pivotally interconnected to said second bunk 48 (see Figs.1 & 4, Para [0032]).
With respect to claims 3 and 4, Hey fails to disclose or fairly suggest each said hydraulic cylinder actuator is pivotally connected at said second end to a respective one of said first and second bunks.
Hoadapp discloses a boat lift for mounting to the floor of a body of water (see Fig. 2) with actuators comprising at a pair of hydraulic cylinder actuators 30, each hydraulic cylinder actuator being pivotally connected at a first end to one of said leading and trailing supports 24 and being pivotally connected at an opposite second end to a platform 14; said hydraulic actuator cylinders being operated to selectively pivot said leading and trailing vertical supports and said first and second bunks/platform 14 into a pivotally opened condition whereby the lift is raised and a pivotally closed condition whereby the lift is lowered (see Fig. 4, Para [0035]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the actuators of Hey to be attached between the bunks and supports as taught by Hoadapp in order to provide simple structure for the power mechanism in the boat lift with having separate support beams to extend or retrace in unison at a consistent speed despite not having a mechanical linkage to equalize speed or forces between the supports and bunks.
With respect to claims 5-8 respectively, Hey disclose each hydraulic cylinder actuator 27 also includes a piston rod operatively interengaged with said cylinder housing for moving selectively in a reciprocating manner inwardly and outwardly relative to said cylinder housing and pivotally connected to a respective one of said leading/trailing vertical support beams (see Fig. 1 & 4, Para [0033]-[0034], The claim limitations are interpreted under BRI such that leading and trailing side of the boat lift could be either direction of the boat lift as to how the bow or stern of the boat is positioned on the lift).
However, Hey fails to disclose or fairly suggest each said hydraulic cylinder actuator includes a cylinder housing pivotally connected to a respective one of said first and second bunks.
Hoadapp discloses a boat lift with actuators comprising at a pair of hydraulic cylinder actuators 30, each hydraulic cylinder actuator being pivotally connected at a first end to one of said leading and trailing supports 24 and being pivotally connected at an opposite second end to a platform 14; said hydraulic actuator cylinders being operated to selectively pivot said leading and trailing vertical supports and said first and second bunks/platform 14 into a pivotally opened condition whereby the lift is raised and a pivotally closed condition whereby the lift is lowered (see Fig. 4, Para [0035]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the actuators of Hey to be attached between the bunks and supports as taught by Hoadapp in order to provide simple structure for the power mechanism in the boat lift with having separate support beams to extend or retrace in unison at a consistent speed despite not having a mechanical linkage to equalize speed or forces between the supports and bunks.
With respect to claim 11, Hey discloses said piston rods are extended into said respective interengaged cylinder housings 27 for pivotally opening said first and second bunks 48 and said leading and trailing vertical support beams 12, 14 to raise the lift, and in which said piston rods are retracted from said respective interengaged cylinder housings 27 for pivotally closing said first and second bunks 48 and said leading and trailing vertical support beams 12, 14 to lower the lift (see Fig. 1 & 4, Para [0033]-[0034], The claim limitations are interpreted under BRI such that leading and trailing side of the boat lift could be either direction of the boat lift as to how the bow or stern of the boat is positioned on the lift).
With respect to claim 12, Hey fails to disclose said piston rods are retracted into said respective interengaged cylinder housings for pivotally opening said first and second bunks and said leading and trailing vertical support beams to raise the lift, and in which said piston rods are extended from said respective interengaged cylinder housings for pivotally closing said first and second bunks and said leading and trailing vertical support beams to lower the lift.
Hoadapp discloses a boat lift with actuators comprising at a pair of hydraulic cylinder actuators/housing 30, each hydraulic cylinder actuator being pivotally connected at a first end to one of said leading and trailing supports 24 and being pivotally connected at an opposite second end to a platform 14; said hydraulic actuator cylinders being operated to selectively pivot said leading and trailing vertical supports and said first and second bunks/platform 14 into a pivotally opened condition whereby said piston rods are retracted into the respective interengaged cylinder housing 30 and said first and second bunks/platform 14 into a pivotally closed condition whereby said piston rods are extended from said respective interengaged cylinder housing 30 (see Fig. 4, Para [0035]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the actuators of Hey to be attached between the bunks and supports as taught by Hoadapp in order to provide simple structure for the power mechanism in the boat lift with having separate support beams to extend or retrace in unison at a consistent speed despite not having a mechanical linkage to equalize speed or forces between the supports and bunks.
(The claim limitations are interpreted under BRI such that leading and trailing side of the boat lift could be either direction of the boat lift as to how the bow or stern of the boat is positioned on the lift).
With respect to claims 13 and 14, Hey discloses said leading/trailing support 12, 14 further includes a lateral strut 42, 44 interconnecting said leading vertical support beams to define a leading H-frame (see Fig. 1, Para [0032]).
With respect to claim 15, Hey discloses said leading and trailing vertical support beams 12, 14 are pivotally mounted to said base such that actuation of said hydraulic cylinder actuators 27 causes each leading and trailing vertical support beam to pivot over center and form and angle of 90 degrees relative to a trailing end of said base 28, 30 (see Fig. 1, Para [0032]).
Although Hey fails to specifically disclose the angle being greater than 90 degrees relative to a trailing end of said base whereby said leading and trailing vertical support beams are prevented from pivoting closed in the event that one or more of said hydraulic cylinder actuators fail, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide the angle between the base and the support beams in order to enhance the stabilization of the boat lifts.
Claims 1-10, 13-15, 17-19 and 21-22 are rejected under 35 U.S.C. 103 as being unpatentable over Buksowicz (US 2022/0048603) in view of Hodapp (US 2015/0210360).
With respect to claim 1, Buksowicz disclose a hydraulic boat lift comprising: a supportive base 114; a leading vertical support 140 pivotally attached to opposing first and second sides of said base 112; a trailing vertical support 140 pivotally attached to said opposing first and second sides of said base 112; a first bunk 132 pivotally interconnected to and extending between said leading and trailing supports; a second bunk 132 disposed laterally of said first bunk, said second bunk pivotally connected to and extending between said leading and trailing supports (see Fig. 2); and a pair of hydraulic cylinder actuators 160, each hydraulic cylinder actuator being pivotally connected at a first end to one of said leading and trailing supports 140 and being pivotally connected at an opposite second end to a transverse beam via lifting pivot 146; said hydraulic actuator cylinders being operated to selectively pivot said leading and trailing vertical supports and said first and second bunks into a pivotally opened condition whereby the lift is raised and a pivotally closed condition whereby the lift is lowered (see Figs. 2-3, Para [0020]-[0021]).
However, Buksowicz fails to disclose or fairly suggest each hydraulic cylinder actuator being pivotally connected at an opposite second end to a respective of one said first and second bunks.
Hoadapp discloses a boat lift with actuators comprising at a pair of hydraulic cylinder actuators 30, each hydraulic cylinder actuator being pivotally connected at a first end to one of said leading and trailing supports 24 and being pivotally connected at an opposite second end to a platform 14; said hydraulic actuator cylinders being operated to selectively pivot said leading and trailing vertical supports and said first and second bunks/platform 14 into a pivotally opened condition whereby the lift is raised and a pivotally closed condition whereby the lift is lowered (see Fig. 4, Para [0035]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the actuators of Buksowicz to be attached between the bunks and supports as taught by Hoadapp in order to provide simple structure for the power mechanism in the boat lift with having separate support beams to extend or retrace in unison at a consistent speed despite not having a mechanical linkage to equalize speed or forces between the supports and bunks.
With respect to claim 2, Buksowicz disclose said leading/trailing support 140 includes a spaced apart pair of laterally adjacent leading vertical support beams pivotally attached to respective first and second sides of said base 112 proximate a leading end of said base, and said trailing/leading support 140 includes a spaced apart pair of laterally adjacent trailing vertical support beams, each trailing vertical support beam being pivotally attached to a respective one of said first and second sides of said base 112; said leading and trailing vertical support beams 140 attached to said first side of said base being pivotally interconnected to said first bunk 132, and said leading and trailing vertical support beams pivotally attached to said second side of said base being pivotally interconnected to said second bunk 48 (see Figs. 2-3, Para [0020]-[0021]).
With respect to claims 3 and 4, Buksowicz fails to disclose or fairly suggest each said hydraulic cylinder actuator is pivotally connected at said second end to a respective one of said first and second bunks.
Hoadapp discloses a boat lift with actuators comprising at a pair of hydraulic cylinder actuators 30, each hydraulic cylinder actuator being pivotally connected at a first end to one of said leading and trailing supports 24 and being pivotally connected at an opposite second end to a platform 14; said hydraulic actuator cylinders being operated to selectively pivot said leading and trailing vertical supports and said first and second bunks/platform 14 into a pivotally opened condition whereby the lift is raised and a pivotally closed condition whereby the lift is lowered (see Fig. 4, Para [0035]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the actuators of Buksowicz to be attached between the bunks and supports as taught by Hoadapp in order to provide simple structure for the power mechanism in the boat lift with having separate support beams to extend or retrace in unison at a consistent speed despite not having a mechanical linkage to equalize speed or forces between the supports and bunks.
With respect to claims 5-8 respectively, Buksowicz disclose each hydraulic cylinder actuator 160 also includes a piston rod operatively interengaged with said cylinder housing for moving selectively in a reciprocating manner inwardly and outwardly relative to said cylinder housing and pivotally connected to a respective one of said leading/trailing vertical support beams (see Fig. 2-6, Para [0020]-[0023], The claim limitations are interpreted under BRI such that leading and trailing side of the boat lift could be either direction of the boat lift as to how the bow or stern of the boat is positioned on the lift).
However, Buksowicz fails to disclose or fairly suggest each said hydraulic cylinder actuator includes a cylinder housing pivotally connected to a respective one of said first and second bunks.
Hoadapp discloses a boat lift with actuators comprising at a pair of hydraulic cylinder actuators 30, each hydraulic cylinder actuator being pivotally connected at a first end to one of said leading and trailing supports 24 and being pivotally connected at an opposite second end to a platform 14; said hydraulic actuator cylinders being operated to selectively pivot said leading and trailing vertical supports and said first and second bunks/platform 14 into a pivotally opened condition whereby the lift is raised and a pivotally closed condition whereby the lift is lowered (see Fig. 4, Para [0035]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the actuators of Buksowicz to be attached between the bunks and supports as taught by Hoadapp in order to provide simple structure for the power mechanism in the boat lift with having separate support beams to extend or retrace in unison at a consistent speed despite not having a mechanical linkage to equalize speed or forces between the supports and bunks.
With respect to claims 9 and 10 respectively, Buksowicz discloses said piston rods 160 are retracted into said respective interengaged cylinder housings for pivotally opening said first and second bunks and said leading and trailing vertical support beams to raise the lift (see Fig.2, Para [0020]), and in which said piston rods are extended from said respective interengaged cylinder housings for pivotally closing said first and second bunks and said leading and trailing vertical support beams to lower the lift (see Fig. 4, Para [0023]).
With respect to claims 13 and 14, Buksowicz discloses said leading/trailing support 140 further includes a lateral strut with the lifting pivot 146 interconnecting said leading/trailing vertical support beams to define a leading H-frame (see Fig. 2, Para [0024]).
With respect to claim 15, Buksowicz discloses said leading and trailing vertical support beams 140 are pivotally mounted to said base such that actuation of said hydraulic cylinder actuators 160 causes each leading and trailing vertical support beam to pivot over center and form and angle of 90 degrees relative to a trailing end of said base (see Fig. 2, Para [0020]).
Although Buksowicz fails to specifically disclose the angle being greater than 90 degrees relative to a trailing end of said base whereby said leading and trailing vertical support beams are prevented from pivoting closed in the event that one or more of said hydraulic cylinder actuators fail, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide the angle between the base and the support beams in order to enhance the stabilization of the boat lifts.
With respect to claim 17, Buksowicz discloses a hydraulic boat lift for selectively raising a boat above and lower the boat into a body of water, the hydraulic boat lift comprising: An elongate supportive base 114 for mounting to a floor of the body of water; a leading vertical support 140, which includes a spaced apart pair of laterally adjacent leading vertical support beams pivotally attached to respective longitudinal first and second sides of said elongate base proximate a leading end of said base; a trailing vertical support 140, which includes a spaced apart pair of laterally adjacent trailing vertical support beams pivotally attached to said respective longitudinal first and second sides of said elongate base; said base extending fully between and interconnecting said leading and trailing vertical supports; a first bunk 132 pivotally interconnected to, extending between and support by said leading and trailing support beams attached to said first side of said elongate base 110; a second bunk 132 disposed laterally of said first bunk, said second bunk pivotally interconnected to, extending between and supported by said leading and trailing supports attached to said second side of said elongate base; and a pair of hydraulic cylinder actuators 160, each said hydraulic cylinder actuator being pivotally connected at a first end of said actuator to a selected one of said leading and trailing vertical supports and being pivotally connected at an opposite second end of said actuator to a respective one of said first and second bunks 132 and said first and second bunks into a pivotally opened condition wherein said leading and trailing vertical supports raise said first and second bunks and a pivotally closed condition wherein said leading and trailing vertical supports lower said first and second bunks and said base remains mounted to the floor of the body of water ((see Figs. 2-3, Para [0020]-[0021]).
However, Buksowicz fails to disclose or fairly suggest each hydraulic cylinder actuator being pivotally connected at an opposite second end to a respective of one said first and second bunks and the first and second bunks at a longitudinal position on said respective bunk intermediate said leading and trailing vertical supports.
Hoadapp discloses a boat lift for mounting to the floor of a body of water with a supportive base 28 (see Fig.2) with actuators comprising at a pair of hydraulic cylinder actuators 30, each hydraulic cylinder actuator being pivotally connected at a first end to one of said leading and trailing supports 24 and being pivotally connected at an opposite second end to a platform 14; said hydraulic actuator cylinders being operated to selectively pivot said leading and trailing vertical supports and said first and second bunks/platform 14, at a longitudinal position on said respective bunk intermediate said leading and trailing vertical supports, into a pivotally opened condition wherein said leading and trailing vertical supports raise said first and second bunks/platform 14 whereby the lift is raised and a pivotally closed condition wherein said leading and trailing vertical supports lower said first and second bunks/platform 14 and said base remains mounted to the floor to the waterbody substrate with the floor of body of water with a foot 28 (see Fig. 4, Para [0014] & [0035]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the actuators of Hey to be attached between the bunks and supports as taught by Hoadapp in order to provide simple structure for the power mechanism in the boat lift with having separate support beams to extend or retrace in unison at a consistent speed despite not having a mechanical linkage to equalize speed or forces between the supports and bunks.
With respect to claim 18, Buksowicz discloses each said hydraulic cylinder actuator 160 includes a cylinder housing pivotally connected to a respective one of said leading vertical support beams 140, and each hydraulic cylinder actuator also includes a piston rod operatively interengaged with said cylinder housing for moving selectively in a reciprocating manner inwardly and outwardly relative to said interengaged cylinder housing and being pivotally connected at a distal end of said piston rod to a respective one of said first and second bunks, said piston rods being selectively retracted into respective said interengaged cylinder housings for pivotally opening said first and second bunks and said leading and trailing vertical support beams to raise said first and second bunks (see Fig. 2) and in which said piston rods are selectively extended from said respective interengaged cylinder housings for pivotally closing said first and second bunks and said leading and trailing vertical support beams to lower said first and second bunk (see Fig 3).
With respect to claim 19, Although Buksowicz specifically disclose each said cylinder housing accommodates hydraulic fluid for coating and protecting said interegaged piston rods when said first and second bunks are raised and said piston rods are retracted into said respective interengaged cylinder housings, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide hydraulic fluid for coating and protecting the piston in the actuators in order to smoothly operate the actuators without over heating in the reciprocal actions.
With respect to claim 20, Buksowicz includes a single said pair of hydraulic cylinder actuators 160 pivotally connected to said leading vertical support for operating to drive said leading and trailing vertical supports 140 and said first and second bunks 132 between said pivotally opened and pivotally closed conditions (see Figs.2-5, Para [0022]-[0024]).
With respect to claim 22, Buksowicz includes a single said pair of said hydraulic cylinder actuators 160 pivotally connected to said leading and trailing vertical supports but fails to disclose a selected single one of said leading and trailing vertical supports for operating to selectively drive said leading and trailing vertical supports and said first and second bunks between said pivotally opened and pivotally closed conditions.
Hoadapp discloses a boat lift for mounting to the floor of a body of water with a supportive base 28 (see Fig.2) with actuators comprising at a pair of hydraulic cylinder actuators 30, each hydraulic cylinder actuator being pivotally connected at a first end to one of said leading and trailing supports 24 and being pivotally connected at an opposite second end to a platform 14; said hydraulic actuator cylinders being operated to selectively pivot said leading and trailing vertical supports and said first and second bunks/platform 14, at a longitudinal position on said respective bunk intermediate said leading and trailing vertical supports, into a pivotally opened condition wherein said leading and trailing vertical supports raise said first and second bunks/platform 14 whereby the lift is raised and a pivotally closed condition wherein said leading and trailing vertical supports lower said first and second bunks/platform 14 and said base remains mounted to the floor to the waterbody substrate with the floor of body of water with a foot 28 (see Fig. 4, Para [0014] & [0035]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the actuators of Buksowicz to be operated selectively for vertical supports in order to adjust the lift to the contour of the marine bed.
Response to Arguments
Applicant's arguments filed 1/20/2026 have been fully considered but they are not persuasive.
With respect to applicant’s argument that primary references, Hey and Buksowicz do not interconnect applicant’s claimed second end of each actuator at a longitudinal position on a platform 14 that is intermediate the leading and training vertical supports, secondary reference, Hoadapp clearly said hydraulic actuator cylinders 30 being operated to selectively pivot said leading and trailing vertical supports 24 and said platform 14, at a longitudinal position on said platform 14 intermediate said leading and trailing vertical supports 24, into a pivotally opened condition wherein said leading and trailing vertical supports raise said platform whereby the lift is raised and a pivotally closed condition wherein said leading and trailing vertical supports lower said platform and said base remains mounted to the floor to the waterbody substrate with the floor of body of water with a foot 28 (see Fig. 4, Para [0014] & [0035]).
Thus, Hey and Buksowicz were meant to be viewed together with Hoadapp and not meant to be viewed alone which means that the location of the actuators relating to the first and second bunks (platform in Hoadapp) for Hey and Buksoxicz respectively, was modified by Hoadapp in order to provide the actuators to the intermediate position of the first and second bunks.
With respect to applicant’s argument that Hey does not pivotally connect each actuator to a leading vertical support but connected to a trailing vertical support only which is the leading end at the bow side and the trailing end at the stern side, the claim limitations are interpreted under BRI such that leading and trailing side of the boat lift could be either direction of the boat lift as to how the bow or stern of the boat is positioned on the lift.
With respect to applicant’s argument that Hey’s actuator 27 are pivotally connected between transverse beam 32 and ream booms 14 and in raised condition, the piston rod is extended from the cylinder housing and exposed to the water and it is not retracted into the housing as claimed and the housing is also positioned below the waterline in the raised-lift condition, secondary reference, it is more limited than the claim scope of claims 4, 6 and 8.
With respect to applicant’s argument that primary reference, Buksowicz does not disclose pivotally connect each actuator to a bunk intermediate the leading and trailing supports, secondary reference, Hoadapp clearly said hydraulic actuator cylinders 30 being operated to selectively pivot said leading and trailing vertical supports 24 and said platform 14, at a longitudinal position on said platform 14 intermediate said leading and trailing vertical supports 24, into a pivotally opened condition wherein said leading and trailing vertical supports raise said platform whereby the lift is raised and a pivotally closed condition wherein said leading and trailing vertical supports lower said platform and said base remains mounted to the floor to the waterbody substrate with the floor of body of water with a foot 28 (see Fig. 4, Para [0014] & [0035]).
Thus, Hey and Buksowicz, respectively, were meant to be viewed together with Hoadapp and not meant to be viewed alone which means that the location of the actuators relating to the first and second bunks (platform in Hoadapp) for Buksoxicz, was modified by Hoadapp in order to provide the actuators to the intermediate position of the first and second bunks.
With respect to applicant’s argument that secondary reference Hoadapp fails to disclose the cylinder housing pivotally connected to a vertical support beam and an interengaged piston rod connected to a respective bunks, Hoadapp’s piston rod is connected to the planform 14 and this reference was meant to be viewed with the primary references, Hey and Buckwicz disclosing the first and second respective bunks in the same position of the platform.
With respect to the argument that primary reference Buksowicz’s lift arms are simply not capable of being raised in the manner as they are all pivotally connected to the same base of the lift and therefore must be raised and lowered together but Hodapp legs are hydraulically operated independently of one another to adjust to the typically uneven contour of the underwater floor or bottom, it is more sophisticated system for adjusting the length of legs to provide the balance and leveling relevant to the contour of the marine bed.
With respect to applicant’s arguments to newly add claims 20 and 22, they are moot due to the art rejection has not been provide to this claim.
Allowable Subject Matter
Claim 20 is 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: The prior art of record fails to disclose or fairly suggest a lower end of cylinder housing is pivotally connected to a respective leading vertical support beam at a longitudinal position on said respective leading vertical support beam sufficiently proximate said first and second bunks.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action, especially in amended claim 12, the claim scope is changed such that the limitation, “said piston rods are trailing vertical support beams to raise the lift, and in which said piston rods are 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.
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/JONG-SUK (JAMES) LEE/Supervisory Patent Examiner, Art Unit 2875