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 .
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) 1-6 and 13-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Parkins et al (US 5,769,568) in view of Floe et al (US 2004/0035343).
As to claim 1, Parkins et al discloses an assembly for a boat lift, comprising:
a frame 10, the frame extending from a bottom of the frame to a top of the frame parallel to a vertical axis, the frame including:
four vertical members 11 elongate parallel to the vertical axis, the vertical members including a first pair of vertical members 11 and a second pair of vertical members 11; and
a beam elongate 12 perpendicular to the vertical axis and attached to two of the vertical members, the beam being positioned above the four horizontal members relative to the vertical axis;
a bearing block 73 attached to the beam 12;
a cable winding shaft 45 elongate perpendicular to the vertical axis received in the bearing block 73 and rotatable relative to the beam 12; and
a cradle 16 coupled to the cable winding shaft and configured, by rotation of the cable winding shaft, to move up and down parallel to the vertical axis and relative to the frame, the cradle including a first pair of cradle members elongate perpendicular to the vertical axis and configured to abut a hull of a boat.
Parkins et al does not disclose four horizontal members elongate perpendicular to the vertical axis and coupled to the vertical members. Floe et al discloses a boat lift comprising four horizontal members 14 coupled to vertical members 12. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide four horizontal members as disclosed by Floe et al, since doing so provides the expected benefit of adding strength and rigidity to the frame structure.
As to claim 2, Parkins et al discloses
another beam 12 elongate perpendicular to the vertical axis and coupled to the vertical members 11;
another bearing block 73 attached the another beam; and
another a cable winding shaft 45 elongate perpendicular to the vertical axis received in the another bearing block and rotatable relative to the another beam,
wherein the cradle 16 is coupled to the another cable winding shaft 45.
As to claim 3, Parkins et al discloses cables 13 coupling the cradle to the cable winding shaft and the another cable winding shaft.
As to claim 4, Parkins et al discloses a first motor 15 attached to the beam and configured to drive the rotation of the cable winding shaft; and a second motor 15 attached to the beam configured to drive rotation of the another cable winding shaft.
As to claim 5, Parkins et al discloses four feet (i.e. bottom of vertical members 11) positioned at bottom ends of the four vertical members, the four feet being configured to rest on a bed or a floor of a body of water.
As to claim 6, Parkins et al discloses a motor 15 attached to the beam and configured to the drive rotation of the cable winding shaft.
As to claim 13, Parkins et al discloses a kit of parts for a boat lift, comprising:
eight elongate members 11;
an elongate beam 12;
a bearing block 73;
an elongate cable winding shaft 45;
a cable 13; and
a boat cradle 16, wherein the kit is configured to be assembled as an assembly of the boat lift that includes: a frame including the eight elongate members, the frame extending from a bottom of the frame to a top of the frame parallel to a vertical axis, the frame including: four of the elongate members positioned to be elongate parallel to the
vertical axis to define a first pair of vertical members and a second pair of vertical
members; another four of the elongate members positioned to be perpendicular to the
vertical axis and coupled to the vertical members; the beam positioned to be elongate perpendicular to the vertical axis and above the four horizontal members relative to the vertical axis, the beam being attached to the first pair of vertical members or to the second pair of vertical members, the bearing block attached to the beam; the cable winding shaft positioned to be elongate perpendicular to the vertical axis, received in the bearing block, and rotatable relative to the beam; and the boat cradle being coupled to the cable winding shaft with the cable such that the cradle can move, by rotation of the cable winding shaft, up and down parallel to the vertical axis and relative to the frame.
Parkins et al does not disclose that four of the eight elongate members being four horizontal members elongate perpendicular to the vertical axis and coupled to the vertical members. Floe et al discloses a boat lift comprising four horizontal members 14 coupled to vertical members 12. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide four horizontal members as disclosed by Floe et al, since doing so provides the expected benefit of adding strength and rigidity to the frame structure.
As to claim 14, Parkins et al as modified by Floe et al discloses the method of assembling a boat lift, comprising:
assembling the parts of the kit of claim 13 by:
assembling the frame 10;
attaching the beam 12 to the frame;
attaching the bearing block 73 to the beam; and
positioning the cable winding shaft 45 in the bearing block 73; and
coupling the boat cradle 16 to the cable winding shaft 45 with a cable 13.
Allowable Subject Matter
Claims 17-23 are allowed.
Claim 7-12 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.
The following is a statement of reasons for the indication of allowable subject matter:
As to claim 7, the prior art of record fails to show or suggest wherein the cradle includes a second pair of cradle members and a third pair of cradle members elongate perpendicular to the vertical axis, the second pair of cradle members being elongate perpendicular to elongate dimensions of the first pair of cradle members, the third pair of cradle members being elongate parallel to elongate dimensions of the first pair of cradle members; and wherein the first pair of cradle members are adjustably coupled to the second pair of cradle members to adjust a spacing between the first pair of cradle members.
As to claim 9, the prior art of record fails to show or suggest wherein the first pair of vertical members and the second pair of vertical members are adjustably coupled to two of the four horizontal members to adjust a spacing between the first pair of the vertical members and the second pair of the vertical members.
As to claim 10, the prior art of record fails to show or suggest wherein the bearing block includes: a bearing block body defining a U-shaped recess that is open at a top of the bearing block body; and a bearing block plate configured to be fastened to the top of the bearing block body.
As to claim 17, the prior art of record fails to show or suggest the kit of parts for a boat lift, wherein the coupling members being positioned to adjustably couple at least the first pair of the vertical members or the second pair of the vertical members to
two of the four horizontal members to adjust a spacing between the first pair of
the vertical members and the second pair of the vertical members.
As to claim 19, the prior art of record fails to show or suggest a kit of parts for a boat lift, comprising:
a bearing block, the bearing block including:
a bearing block body defining a recess having an opening at a top of the bearing
block body and configured to receive a cable winding shaft at a bottom of the recess; and, a bearing block plate configured to be fastened to the top of the bearing block
body, the bearing block plate including a flat surface configured to face the bottom of the recess and cover the opening when the bearing block plate is fastened to the bearing block body.
As to claim 22, the prior art of record fails to show or suggest a kit of parts for a boat lift, comprising:
a bearing block, the bearing block including:
a bearing block body defining a recess having an opening at a top of the bearing
block body and configured to receive a cable winding shaft at a bottom of the recess; and, a bearing block cover configured to be fastened to the top of the bearing block
body, wherein the bearing block body includes a grease valley defined by a surface of
the recess at the bottom of the U-shaped recess.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FREDERICK L LAGMAN whose telephone number is (571)272-7043. The examiner can normally be reached Tuesday-Friday 8am-6:00pm.
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/FREDERICK L LAGMAN/Primary Examiner, Art Unit 3678