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 .
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, the “a connecting part”, “adjacent sections”, “adjacent segments”, “protuberance” and “guiding grooves” 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 Interpretation
Note that the limitation: “when the personnel on the said carriage become weightless” in claim 1, is being interpretated as that the person is experiencing a free fall.
Claim Objections
Claims 1-20 are objected to because of the following informalities:
Throughout the claim set applicant refers to pre-established limitations with article “the said”; which is linguistically improper. Examiner recommends using either or of the two.
Applicant uses the term “the said rail” and “the said guide rail” interchangeably throughout the claims. Examiner recommends consistent nomenclature when referring back to the same limitation.
Claim 1 line 8-10 recites “the said second anti-fall device is capable of locking onto the same guide rail as the said climbing assistant when the personnel on the said carriage become weightless”; is “the same guide rail” a different limitation then the “guide rail”?
Claim 1 recites the limitation "the personnel" in line 7. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "the same guide rail" in line 8-9. There is insufficient antecedent basis for this limitation in the claim.
Claim 3 recites the limitation "the adjacent sections" in line 2-3. There is insufficient antecedent basis for this limitation in the claim.
Claim 3 recites the limitation "the adjacent segments" in line 5. There is insufficient antecedent basis for this limitation in the claim.
Claim 4 recites the limitation " the length of the said guide rail " in line 3. There is insufficient antecedent basis for this limitation in the claim.
Above are none-limiting examples. Examiner requests the claim set to be revised in its entirety for similar issues.
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 1-20 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 1 line 8-10 recites “the said second anti-fall device is capable of locking onto the same guide rail as the said climbing assistant when the personnel on the said carriage become weightless”; indefiniteness arises because the climbing assistant and the second anti-fall device are recited as two different components; hence it is not clear how one can be “as” the other. Note that the climbing assistant comprises the carriage and the first anti-fall device, which expands the clarity issue.
Dependent claims are rejected at least for depending from a rejected 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.
Claims 1-2, 6-8, 12-18 are rejected under 35 U.S.C. 103 as being unpatentable over Liu, US (2020/0055704) referred to hereinafter as Liu 704 in view of Liu, CN (212090567) referred to hereinafter as Liu 567 (provided in IDS).
In regards to claim 1 Liu 704 discloses:
A lifting equipment (fig. 24) comprises: a guide rail (3); a climbing assistant (1), suitable for ascending and descending along the rail, the said climbing assistant comprises a carriage (1) and a first anti-fall device (2 including a safety protection assembly 2i and anti-falling device 2h), the said first anti-fall device is installed between the said carriage and the said guide rail (as shown in fig. 27 on the back of lifting vehicle 1, which would place it between 1 and rail 3 as shown in fig. 24), and the said first anti-fall device is capable of locking onto the said guide rail when the said carriage loses weight (as described in paragraphs [0117]; see excerpt below).
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In regards to claim 1 Liu 704 does not disclose second anti-fall device, suitable for installation between the said guide rail and the personnel working on the said carriage.
Liu 567 teaches a second anti-fall device (device shown in fig. 17), suitable for installation between the said guide rail (006) and the personnel working on the said carriage (intended use, for an operator as described in the excerpt “the anti-falling locking assembly by monitoring the rotating speed of the wheel shaft 106, realizing automatic locking of the anti-falling device. For example, when the operator accidentally falls”; in translated copy), and the said second anti-fall device is capable of locking onto the same guide rail (intended use, for an operator as described in the excerpt “the cam 105 rotates to drive the lock block 3 to move to the locking position . so as to ensure the first wheel pair of the rotating wheel 101 and the track 006 contact can realize the purpose of monitoring the running speed of the anti-falling device, when the anti-falling device sliding speed exceeds the set value, the cam 105 triggers the locking block 3 to move to the locking position, so as to lock the anti-falling device on the track 006” in translated copy) as the said climbing assistant when the personnel on the said carriage become weightless (experiencing a free fall).
Therefore, before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to utilize the second anti-fall device taught by Liu 567 onto the lifting device of Liu 704 for the predictable result with reasonable expectation of success i.e., to provide the person standing on the platform of carriage 1 attachment and anti-falling means in addition to the anti-fall of the carriage, since if the carriage experienced a free fall, the person standing on it will undergo a sudden imbalance which cold have him fall off the platform from an elevated height sans a secondary device i.e., the second anti-fall device attaching him to the guide rail and suppressing or preventing the worker’s own falling motion.
In regards to claim 2 Liu 704 as modified by Liu 567 teaches the said guide rail includes a first sidewall (as shown in annotated drawings of Liu 704 below) and a third sidewall (as shown in annotated drawings of Liu 704 below) arranged in a relative configuration, and a second sidewall (as shown in annotated drawings of Liu 704 below) connecting the said first sidewall and the said third sidewall, a closing groove (as shown in annotated drawings of Liu 704 below) being formed between the said first sidewall, the said second sidewall and the said third sidewall (as shown in annotated drawings of Liu 704 below), and the said closing groove is used for installing the said first anti-fall device and the said second anti-fall device (as shown in fig. 17 Liu 567 which utilizes the same design guide rail).
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In regards to claim 6 Liu 704 as modified by Liu 567 teaches the said second sidewall is formed with locking holes (locking hole of the guide rail as stated in claim 15; Liu 704, similar to 0302 shown in fig. 21; Liu 567), and the said first anti-fall device and the said second anti-fall device are locked into the said locking holes (first anti-fall device and second anti-fall device of Liu 704 and Liu 567 respectively).
In regards to claims 7, 8 and 12 Liu 704 discloses the said first anti-fall device includes a first anti-fall component, the said first anti-fall component comprises a tachometer wheel (“speed measuring wheel” as described in claim 10; reproduced below), a centrifugal block (as described in claim 10; reproduced below), and a first cam (as described in claim 10; reproduced below), the said centrifugal block is fixed with the said tachometer wheel and rotates with the said tachometer wheel (as described in claim 10; reproduced below), the said centrifugal block is configured to: when the rotational speed of the said tachometer wheel is not less than the set speed (as described in claim 10; reproduced below), the said centrifugal block opens and connects with the said first cam to drive the rotation of the said first cam (as described in claim 10; reproduced below).
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In regards to claim 13 Liu 704 discloses the said tachometer wheel (“speed measuring wheel” as described in claim 11; reproduced below) and the said centrifugal block are both fixedly mounted on a main shaft, the said tachometer wheel drives the said rotation of the centrifugal block through the said main shaft, the said first cam is fixedly mounted on a transmission shaft, and when the said centrifugal block is open, it connects with the said transmission shaft through a transmission sleeve (as described in claim 11; reproduced below).
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In regards to claim 14 Liu 704 discloses the said first anti-fall device also includes a second anti-fall component (locking block 2i-4), the said second anti-fall component comprises a first locking member (locking block 2i-4) hinged on the said carriage, when the said carriage is operating normally, the said first locking member compresses a reset spring, when the said carriage undergoes weightlessness, the said reset spring ejects the said first locking member, causing the said first locking member to lock onto the said guide rail (as described in claim 15; reproduced below).
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In regards to claim 15 Liu 567 teaches the said second anti-fall device includes: a fixed main body, installed on the said guide rail through a first wheel assembly and moving along the said guide rail, wherein the said first wheel assembly includes a wheel shaft; a locking member (locking piece), installed on the said fixed main body, and capable of switching between a locked position and a free position; a first triggering mechanism, installed on the said fixed main body, the said first triggering mechanism comprises a transmission component (transmission piece) and a driving component (driving piece), the said transmission component is mounted on the said wheel shaft and rotates with the said wheel shaft, the said transmission component switches between a first position and a second position based on centrifugal force, in the said first position, the said transmission component disengages from the said driving component, and in the said second position, the said transmission component transfers the rotation of the said wheel shaft to the said driving component, causing the said driving component to rotate and move the said locking member to the said locked position (as described in claim 13 of Liu 567; reproduced below).
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In regards to claim 16 Liu 567 teaches the said second anti-fall device further includes: a second triggering mechanism, installed on the said fixed main body, comprising an oscillating bar (swinging rod), the said oscillating bar switches between a reset position and a force-receiving position, in the said reset position, the said oscillating bar drives the said locking member to move to the said locked position (as described in claim 14 (first half) of Liu 567; reproduced below).
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In regards to claim 17 Liu 567 teaches the said oscillating bar (swinging rod) comprises a triggering end and a free end, the said triggering end is connected to the said fixed main body through a second elastic element, in the said reset position, the said second elastic element is in its original state, and in the said force-receiving position, the said second elastic element is compressed, the said free end forms a connecting hole, which is used to connect to the personnel working on the said carriage (as described in claim 14 (second half) of Liu 567; reproduced below).
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In regards to claim 18 Liu 567 teaches the said second anti-fall device further includes: a first wheel assembly, mounted on the said fixed main body, for rolling along the said guide rail; a second wheel assembly, mounted on the said fixed main body, for rolling along an inner support surface of the said guide rail, the said second wheel assembly includes a second wheel pair, with the said second wheel pair connected to a main rotation shaft, the said main rotation shaft is connected to a main rotating element; a third wheel assembly, mounted on the said fixed main body, for rolling along the said inner support surface of the said guide rail, the said third wheel assembly includes a third wheel pair, with the said third wheel pair connected to a slave rotation shaft; a linkage component is set between the said main rotation shaft and the said slave rotation shaft (as described in claim 12 and claim 1 of Liu 567; reproduced below).
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Claims 3-5 and 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over Liu 704 and Liu 567 as applied to claim 2 above, and further in view of Liu CN (205031808) referred to hereinafter as Liu 808.
In regards to claims 3-5 Liu 704 and Liu 567 do not teach said guide rail includes a connecting part, and the said connecting part is set with positioning holes, the said positioning holes on the adjacent sections of the said guide rail correspond to each other, and the connecting shafts are connected respectively at both ends to the said positioning holes of the adjacent sections of the said guide rail to fixedly connect the adjacent segments of the guide rail.
Liu 808 teaches the said guide rail (10) includes a connecting part (top and bottom portions of 10 as shown in fig. 6), and the said connecting part is set with positioning holes (12), the said positioning holes on the adjacent sections of the said guide rail correspond to each other (as shown in fig. 6), and the connecting shafts (50) are connected respectively at both ends to the said positioning holes of the adjacent sections of the said guide rail (as shown in fig. 6) to fixedly connect the adjacent segments of the guide rail (claim 3).
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the said connecting part includes protuberances (30; fig. 2) formed respectively on the said first sidewall and the said third sidewall (fig. 2; 1st, 2nd, and 3rd sidewalls corresponding with the same design of the rail of Liu 704), and the said protuberances extend along the length of the said guide rail (figs. 2, 4-6), and the said carriage includes guiding grooves (grooves on 61 accommodating 30) that form a guiding coordination with the protuberances (figs. 4, 6) (claim 4).
the said first sidewall of adjacent sections of the said guide rail, as well as the said third sidewall of adjacent sections of the said guide rail, are all fixed by connecting members (50; fig. 6) (claim 5).
Therefore, before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to utilize the sectional design of the guide rail coupled together by connecting pins 50 as taught by Liu 808 onto the guide rail of Liu 704 for the predictable result with reasonable expectation of success i.e., to provide for easy swap of a defective / damaged section without the need to replace the entire rail and put the lift device out of commission for the duration of the repair.
Note: it appears that the guide rail of Liu 704 exhibits the same design of Liu 808, however since it is not clearly / separately discussed in Liu 704; reference Liu 808 is provided above in case it was found that the guide rails design is different.
In regards to claims 9-11 Liu 704 discloses the said first anti-fall device includes a first anti-fall component, the said first anti-fall component comprises a tachometer wheel (as described in claim 10; reproduced below), a centrifugal block (as described in claim 10; reproduced below), and a first cam (as described in claim 10; reproduced below), the said centrifugal block is fixed with the said tachometer wheel and rotates with the said tachometer wheel (as described in claim 10; reproduced below), the said centrifugal block is configured to: when the rotational speed of the said tachometer wheel is not less than the set speed (as described in claim 10; reproduced below), the said centrifugal block opens and connects with the said first cam to drive the rotation of the said first cam (as described in claim 10; reproduced below).
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Claims 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Liu 704 and Liu 567 as applied to claim 2 above, and further in view of Ding CN (206126776).
In regards to claims 19-20 Liu 704 and Liu 567 do not teach said carriage includes a pedal, and the said pedal is set with a load detection component, the said load detection component controls the starting and stopping of the said carriage based on changes in the load on the said pedal.
Ding teaches
said carriage includes a pedal (10), and the said pedal is set with a load detection component {the control box (7) comprises a control drive motor (5) starting, stopping, overload detection function; as described in claim 1 reproduced below}, the said load detection component controls the starting and stopping of the said carriage based on changes in the load on the said pedal (as described in claim 1; reproduced below) (claim 19).
the said load detection component controls the stopping of the said carriage based on the load on the said pedal being greater than a first set load or less than a second set load, wherein the said first set load is greater than the said second set load (note that the term overload inherently means that there is a load limit where the overload detection is not triggered, versus the overload function which indicated exceeding a threshold load, hence reading on the first and second set loads as claimed) (as described in claim 1; reproduced below) (claim 20).
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Therefore, before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to utilize the load detection and stopping protocol as taught by Ding onto the lifting device of Liu 704 for the predictable result with reasonable expectation of success i.e., to provide for a safety measure that prevents, slows or stops movement in an unsafe / overloaded operating condition to prevent injury to the worker as well as costly damage to the equipment.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please refer to PT-892 form for list of cited references.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHIREF M MEKHAEIL whose telephone number is (571)270-5334. The examiner can normally be reached 10-7 Mon-Fri.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Daniel Cahn can be reached at 571-270-5616. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/S.M.M/Examiner, Art Unit 3634
/DANIEL P CAHN/Supervisory Patent Examiner, Art Unit 3634
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