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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on January 2, 2026 has been entered.
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.
Claim 18 is 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 18 recites the limitation "the lower surface" in line 3 and line 4. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
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.
Claims 1-10, and 19 are rejected under 35 U.S.C. 102(a)(1)/102(a)(2) as being anticipated by US 9550658 B2 (Uhl et al.).
Regarding claim 1, Uhl et al. disclose:
A vehicle engagement assembly (arm 130, figure 3) attached to a vehicle lift (figure 2), wherein the vehicle lift is configured to actuate the engagement assembly (130) between a lowered position (figure 1) and a raised position (figure 2), the vehicle engagement assembly comprises:
(a) a first arm (first segment 132, figure 3) comprising a first notch (slot 142, figure 3) and having a distalmost edge (distal end 131, figure 3),
(b) a second arm (second segment 134, figure 3) configured to transition between a first extended configuration (figure 3) and a first fully retracted configuration (“second segment (134) may be retracted relative to first segment (132).” Col. 3, line 67 through col. 4, line 1, fully retracted is the position where edge 135 is nearest edge 131) relative to the first arm (134), wherein a distal end (135) of the second arm is located either flush with or proximal to the distalmost edge of the first arm in the first retracted configuration (slots 140, 142 are configured to overlap such that a shaft of an adapter accessory can be within both slots, see col. 6 lines 12-17, in such an overlapped position (i.e. the first retracted configuration) 135 is proximal to 131),
(c) an adapter coupling arm (adapter pilot 400, figure 17A) comprising a coupling portion (bore 428, figure 17A), wherein the adapter coupling arm (400) is configured to translate within the second arm (134) between a second extended configuration (when adapter pilot is at leftmost end of slot 140, figure 3) and a second fully retracted configuration (when adapter pilot is at rightmost end of slot 140, figure 3), and
(d) an adapter (adapter 500, figure 17A) configured to engage a vehicle (col. 5, lines 40-41, “accessory (500, 600) may be used to directly contact a vehicle”), wherein the adapter is configured to couple with the coupling portion (428), wherein the adapter (500) is configured to fit within the first notch (142) such that the adapter is proximal to the distalmost edge (131) when both the second arm (134) is in the first fully retracted configuration and the adapter coupling arm (400) is in the second fully retracted configuration (“the presence and configuration of slot (142) provides additional clearance for shaft (520, 620) of accessory (500, 600) in settings where second segment (134) is substantially retracted relative to first segment (132)(e.g., where a common vertical axis passes through both slots (140, 142)” col. 6, lines 12-17).
Regarding claim 2, Uhl et al. further disclose:
wherein the adapter (500) is configured to fit within a second notch (slot 140, figure 3) of the second arm (134) when the adapter coupling arm is in the second retracted configuration (at rightmost end of slot 140, figure 3).
Regarding claim 3, Uhl et al. further disclose:
wherein the adapter includes a vehicle contact surface (512), wherein the vehicle contact surface is configured to be positioned above the first notch (142) when the adapter is coupled with the coupling portion and when the vehicle engagement assembly is in the first and second retracted configuration.
Regarding claim 4, Uhl et al. further disclose:
wherein the adapter (500) is configured to nest within each of the first notch (142) and a second notch (slot 140, figure 3) of the second arm (134).
Regarding claim 5, Uhl et al. further disclose:
wherein the coupling portion is configured to limit rotation of the adapter (pin 426 through 428 limits rotation of the adapter).
Regarding claim 6, Uhl et al. further disclose:
wherein the adapter (500) includes a first cross-section (horizontal cross-section from upper part of shaft 520) sized to fit within the first notch (142) and a second cross-section (horizontal cross-section from lower part of shaft 520) sized to fit with a second notch (slot 140, figure 3) of the second arm (134).
Regarding claim 7, Uhl et al. further disclose:
wherein the adapter (500) is configured to be positioned at a first height when the adapter coupling arm (400) is in the second retracted position and at a second height when the adapter coupling arm (400) is in the second extended position, wherein the first height is higher than the second height (col. 4, lines 43-49, the height of the adapter assembly as shown in figure 17B is configured to be selectively increased/decreased regardless of extended or retracted position within arm 134, e.g. at a higher height in the retracted position and a lower height in the extended position).
Regarding claim 8, Uhl et al. further disclose:
wherein the adapter coupling arm (400) includes a groove (groove where 410 meets 420, figure 17B) having a groove end (the groove ends on either side of openings 422), wherein the second arm (134) includes an abutment (lower curved end of slot 140, figure 3) configured to traverse the groove and contact the groove end (col. 5, lines 47-50, “Upwardly extending outer sidewall (420) of adapter pilot (400) and slot (140) of first arm (130) are sized and configured such that accessory (500, 600) may be translated to various positions along the length of slot (140).” The edges of slot 140 keep 400 within the slot) to thereby prevent the adapter coupling arm (224) from extending beyond the second extended configuration (when cross linkage joint 246 contacts rightmost end of 251, 224 is extended and prevented from further extension).
Regarding claim 9, Uhl et al. further disclose:
wherein the adapter coupling arm (400) includes a taper extending toward the coupling portion (400 becomes progressively smaller in diameter from 410 to 420 to 424 where coupling portion 428 is centered).
Regarding claim 10, Uhl et al. further disclose:
wherein the adapter coupling arm (400) includes a lower cutout (between sidewalls 420, 424, figure 17A) such that a portion of the adapter coupling arm (400) is a U channel (between 420 and 424 is a U-channel facing upward).
Regarding claim 19, Uhl et al. disclose:
A method of using a vehicle engagement assembly (130) attached to a vehicle lift (figure 2), wherein the vehicle engagement assembly comprises a first arm (132) comprising a first notch (142), a second arm (134) comprising a second notch (140), and an adapter coupling arm (400) comprising an adapter (500), wherein the second arm (134) is translatable relative to the first arm (132), and the adapter coupling arm (400) is translatable relative to the second arm (134), the method comprising:
(i) translating the second arm (134) into a fully retracted configuration relative to the first arm (132) such that a distal end of the second arm is located either flush with or proximal to a distalmost edge (131) of the first arm (“second segment (134) may be retracted relative to first segment (132) to such a degree that the proximal end of second segment (134) protrudes proximally from proximal end (133) of first segment (132)” col. 3, line 67 through col. 4, line 3, in such a position the distal end of 134 is proximal to distalmost edge 131 of first arm 132); and
(ii) translating the adapter coupling arm (400) into a fully retracted configuration relative to the second arm (134);
wherein the adapter (500) is nested into the first notch (142) and the second notch once both the second arm and the adapter coupling arm are simultaneously in their respective fully retracted configuration (500 is nested into the second notch 140 for attachment to second arm 134 and into the first notch 142 when second arm 134 is retracted relative to first arm 132, “the presence and configuration of slot (142) provides additional clearance for shaft (520, 620) of accessory (500, 600) in settings where second segment (134) is substantially retracted relative to first segment (132)(e.g., where a common vertical axis passes through both slots (140, 142)” col. 6, lines 12-17).
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 11-15 are rejected under 35 U.S.C. 103 as being unpatentable over US 9550658 B2 (Uhl et al.) in view of US 9701526 B2 (Benz).
Regarding claim 11, Uhl et al. teach:
The vehicle engagement assembly of claim 1.
Uhl et al. are silent to a support on a lower portion of the channel of the first arm.
However, Benz teaches:
A vehicle engagement assembly (support arm 21, figure 7) with a first arm (first support arm piece 58, figure 7) and second arm (second support arm piece 59, figure 7),
wherein the first arm (58) includes a support (roller guide 83, figure 7) and a channel (interior of arm piece 58) having a lower portion (lower plate of 58 shown in figure 7), wherein the second arm (59) is positioned within the channel, wherein the support is positioned on the lower portion and is configured to contact the second arm to thereby lift the second arm away from the lower portion (roller guide 83 is positioned on the lower portion of 59 and contacts 58 to lift 58 relative to 59).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to place a support, as taught by Benz, within the first arm of Uhl et al. with a reasonable expectation of success to make transitions between the extended and retracted configurations of the second arm easier by reducing friction between the arms. As noted by Benz, “These roller guides 83 acts in a supporting manner during retraction and extension of the support arm pieces 58, 59,” col. 8 lines 3-5.
Regarding claim 12, Benz further teaches:
wherein the first arm includes a stop (stop 84, “The extraction movement of the second support arm piece 49 is limited by the stop 84 depicted, for example, as a screw in the side wall 75 of the first support arm piece 58.” Col. 8, lines 27-30) wherein the stop is configured to contact the second arm when the second arm is in the first extended configuration (the stop operates by contact between the second arm 59 and stop 84).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate stops between the arm pieces configured for relative movement as taught by Benz with the arm pieces of Uhl et al. with a reasonable expectation of success to prevent movement beyond the fully retracted and fully extended positions. Claim 12 of Benz, “wherein a stop to limit extension paths or retraction paths of the support arm pieces is provided on each of a front and rear end or region of the support arm piece.” Lines 1-4.
Regarding claim 13, Benz further teaches:
the vehicle engagement assembly further comprising a stop contact (part of second arm 59 that comes into contact with stop 84 when fully extended) coupled with the second arm, wherein the stop contact is configured to contact the stop when in the first extended configuration to thereby prevent the second arm from extending beyond the first extended configuration.
While the stop contact portion of second arm 59 is not explicitly shown, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that a part (i.e., stop contact) of second arm 59 must come into contact with the stop 84 that limits the extension movement of the second arm as a necessary part of the operation of the stop.
Regarding claim 14, Benz further teaches:
the first arm including an opening (at the distal end of arm piece 58) configured to allow the stop contact (of second arm 59) to pass through the opening and to attach to the second arm while the second arm is in a channel of the first arm (the second arm 59 attaches to first arm 58 when the second arm passes through the opening at the distal end of first arm 58 to nest within the channel formed inside first arm 58).
Regarding claim 15, Benz further teaches:
wherein the second arm includes upper, lower, and lateral sidewalls (upper, lower, and one lateral sidewall shown in figure 7, second sidewall not shown because figure 7 is a longitudinally cut cross-section), wherein the upper and lower sidewalls are thicker than the lateral sidewalls (the upper and lower sidewalls are shown to be thicker than the lateral sidewalls in figure 5 and 7).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have thicker upper and lower sidewalls in the second arm of Uhl et al., as taught by Benz, with a reasonable expectation of success to provide the necessary supportive structure while minimizing material cost and weight.
Claims 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over US 9550658 B2 (Uhl et al.) in view of EP 3851406 A1 (Futscher, Applicant’s cited prior art).
Regarding claim 16, Uhl et al. teach:
A vehicle engagement assembly (130) attached to a vehicle lift (figure 2), wherein the vehicle lift is configured to actuate the engagement assembly between a lowered position (figure 1) and a raised position (figure 2), the vehicle engagement assembly comprising:
(a) a first arm (132) defining a channel (interior of 132),
(c) a second arm (134),
(d) an adapter coupling arm (400) comprising a coupling portion (428), and configured to transition between a second extended configuration (leftmost end of slot 140) and a second retracted configuration (rightmost end of slot 140) relative to the second arm (134), and
(e) an adapter (500) configured to couple with the coupling portion (428) and to contact a vehicle (top of adapter 500 is configured to contact a vehicle to be lifted).
Uhl et al. do not teach:
the first arm defining a stop, the stop being positioned within the channel, and the first arm defining an opening located proximally to the stop, and
a stop contact, wherein the second arm is configured to transition between a first extended configuration and a first retracted configuration relative to the first arm, wherein the stop contact is configured to traverse through the opening while the second arm is positioned within the channel to thereby selectively couple with the second arm and, once coupled with the second arm, to contact the stop to thereby define the first extended configuration and to prevent the second arm from extending beyond the first extended configuration.
However, Futscher teaches:
A vehicle engagement assembly with a first arm (1) and second arm (2), and
the first arm defining a channel (interior of 1) and a stop (122), the stop being positioned within the channel, and the channel including an opening (opening as distalmost end of 1), and
a stop contact (212), wherein the second arm (2) is configured to transition between a first extended configuration (figure 6) and a first retracted configuration (when 181 and 182 are positioned one above the other, not shown) relative to the first arm, wherein the stop contact is configured to traverse through the opening (figure 4b) while the second arm is positioned within the channel (end 17 of second arm 2 is within the channel while 212 traverses through the opening) to thereby selectively couple with the second arm and, once coupled with the second arm, to contact the stop to thereby define the first extended configuration and to prevent the second arm from extending beyond the first extended configuration (212 contacts 122, figure 4d, defining the extended configuration of figure 6).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate stops between the arm pieces configured for relative movement as taught by Futscher with the arm pieces of Uhl et al. with a reasonable expectation of success to prevent movement beyond the fully retracted and fully extended positions.
Regarding claim 17, Uhl et al. further teach:
wherein the second arm (134) includes a notch (140), wherein the adapter (shaft 520 of 500) is configured to fit within the notch (140) when the adapter coupling arm (400) is in the second retracted configuration (rightmost end of slot 140).
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over US 9550658 B2 (Uhl et al.) in view of EP 3851406 A1 (Futscher, Applicant’s cited prior art) and further in view of US 9701526 B2 (Benz).
Regarding claim 18, Uhl et al. and Futscher teach:
The vehicle engagement assembly of claim 16.
Uhl et al. and Futscher do not teach a support to lift the second arm away from the lower surface.
However, Benz teaches:
wherein the first arm (58) further includes a support (roller guide 83, figure 7) wherein the second arm (59) is positioned within the channel (interior of arm piece 58), wherein the support is positioned on the lower surface and configured to contact the second arm to thereby lift the second arm away from the lower surface (roller guide 83 is positioned on the lower portion of 59 and contacts 58 to lift 58 relative to 59), wherein the support (83) and the stop (84) are separated by a distance (the stop 84 and roller guide 83 are not in the same position and are therefore separated by a distance).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to place a support, as taught by Benz, within the first arm of Uhl et al. and Futscher with a reasonable expectation of success to make transitions between the extended and retracted configurations of the second arm easier by reducing friction between the arms. As noted by Benz, “These roller guides 83 acts in a supporting manner during retraction and extension of the support arm pieces 58, 59,” col. 8 lines 3-5.
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 as previously indicated in the non-final rejection dated February 21, 2025.
Response to Arguments
Applicant's arguments filed January 2, 2026 have been fully considered but they are not persuasive. Regarding the argument on page 6, paragraph 5 of the Remarks that Taylor et al. do not disclose all of the features recited in claim 1 as amended, Taylor et al. are not relied upon in the current rejection. Regarding the argument on page 7 that Uhl fails to teach all of the limitations of claim 1, the Examiner respectfully disagrees. Applicant asserts that it would be impossible for any adapter pilot 400 to receive an adapter to fit within the proximal portion of slot 140 while second segment 134 is in its fully retracted position. On page 8 of the Remarks Applicant provides an annotated figure 3 of Uhl et al. that indicates a first distance and a second distance and the presumption that when 134 is fully retracted the distal end 135 must be “at least flush with the distalmost end of first segment (132)” and therefore 400 is not capable of being in the fully retracted position when 134 is in the fully retracted position.
Uhl et al. note in col. 6, lines 13-25, “Furthermore, the presence and configuration of slot (142) provides additional clearance for shaft (520, 620) of accessory (500, 600) in settings where second segment (134) is substantially retracted relative to first segment (132) (e.g., where a common vertical axis passes through both slots (140, 142), and where the proximal end of second segment (134) is protruding outwardly relative to proximal end (133) of first segment (132), etc.). In the absence of slot (142), the retractability of second segment (134) relative to first segment (132) may be relatively restricted to a greater degree, as first segment (132) would engage shaft (520, 620) of accessory (500, 600) relatively sooner as second segment (134) is retracted into first segment (132).” The Examiner disagrees with Applicant’s conclusion that distal end 135 of arm 134 must be flush with end 131 of arm 132 in the fully retracted position. Slots 140 and 142 are designed to correspond with each other (“First segment (132) also includes a slot (142), which is substantially aligned with slot (140)” col. 5, lines 28-30) to extend the range of adapter 500. The fully retracted position of 134 is where slots 140, 142 align and end 135 is proximal to end 131 rather than flush with end 131. Both 400 and 134 can be in fully retracted positions simultaneously.
On page 9, Applicant argues that Uhl et al. do not teach the limitation “the adapter is nested into the first notch and the second notch once both the second arm and the adapter coupling arm are simultaneously in their respective fully retracted configuration.” Uhl et al. teach that a common vertical axis passes through both slots 140, 142 when 134 is retracted (see above quote from col. 6 of Uhl et al.), indicating that the adapter 500 is nested into both notches when 134 and 400 are both fully retracted. Uhl et al. does not teach that the distal ends of arms 132, 134 must be flush in the fully retracted position of 134, but rather that the notches 140, 142 are designed to be aligned with each other and exist so that the adapter has an extended range, meeting the contested limitation.
Page 9, last paragraph through page 10, first paragraph Applicant argues that claim 16 as amended is not taught by the prior art. The Examiner respectfully disagrees as outlined in the rejection of claim 16 over Uhl et al. in view of Futscher.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHELLE M MUDWILDER whose telephone number is (571)272-6068. The examiner can normally be reached M-F 11:00 am - 7:30 pm.
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/M.M.M./Examiner, Art Unit 3654
/ROBERT W HODGE/Supervisory Patent Examiner, Art Unit 3654