DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
Applicant's election with traverse of Group I (Claims 1-5, 7 and 8) in the reply filed on 22 July 2026 is acknowledged. The traversal is on the grounds that Groups I and II overlap in scope. This is not found persuasive because Group I further include a sliding feature which further require a serious search and/or examination burden and Group II further include a leveling assembly which further require a serious search and/or examination burden. The requirement is still deemed proper and is therefore made final.
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 1-5, 7 and 8 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.
As to Claim 1, the claim recites “a range of travel of the platform between a raised position and a lowered position is greater than a length of the lifting arm of the movable frame”. It is unclear what is it is meant as “range of travel” and how it is measured. It is a curve? A line? Appropriate correction is required.
As to Claim 4, the claim recites “to rotate the locking link past center in the raised position of the platform to assist, at least in part, with holding the platform in the raised position”. It is unclear what it is meant by “past center”. Appropriate correction is required.
The dependent claims are also rejected for depending on a rejected independent 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.
Claims 1-5, 7 and 8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Oswald et al (U.S. Patent No. 5,083,892).
As to Claim 1, Oswald discloses a system (Figure 37), comprising:
A fixed frame (32);
A movable frame (492) coupled to the fixed frame (32), the movable frame including a lifting arm (494);
A platform (62, 64) coupled to the lifting arm (494) of the movable frame, wherein the movable frame (492) is structured to move relative to the fixed frame (32) to change a position of the platform (62, 64) relative to the fixed frame (Column 15, Lines 28-33: “The mechanism 492 includes a lift arm 494 which is connected to the frame 32" of the trailer 490 for sliding and pivotal movement with respect thereto. The limits of sliding movement of the point of connection between the lift arm 494 and the frame 32" are illustrated by the points 496 and 498”), and
Wherein a range of travel (The vertical distance between the lowermost position of platform 62, 64 and uppermost position of platform 62, 64 is larger than the length of arm 494. This distance is being interpreted as the range of travel) of the platform (62, 64) between a raised position and a lowered position is greater than a length of the lifting arm (494) of the movable frame.
As to Claim 2, Oswald discloses the invention of Claim 1 (Refer to Claim 1 discussion). Oswald also discloses wherein the fixed frame (32) includes a channel (Channel where 496/498 slide), the system further comprising a lifting assembly (500) coupled to the fixed frame (32) and the lifting arm (494) of the movable frame, the lifting assembly (500) structured to rotate the lifting arm (494), wherein the lifting arm (494) is structured to slide along the channel (Column 15, Lines 28-33: “The mechanism 492 includes a lift arm 494 which is connected to the frame 32" of the trailer 490 for sliding and pivotal movement with respect thereto. The limits of sliding movement of the point of connection between the lift arm 494 and the frame 32" are illustrated by the points 496 and 498”) of the fixed frame (32) in response to rotation of the lifting arm (494) to change the position of the platform (62, 64) relative to the fixed frame.
As to Claim 3, Oswald discloses the invention of Claim 1 (Refer to Claim 1 discussion). Oswald also discloses further comprising a lifting assembly (500, 508) including a hydraulic cylinder (508) and a bell crank (500), the hydraulic cylinder (508) coupled to the fixed frame (32) and the bell crank (500) rotatably coupled to the hydraulic cylinder (508), the bell crank (500) further rotatably coupled to the lifting arm (494) of the movable frame, wherein the hydraulic cylinder (508) is structured to rotate the bell crank (500), and, in response to rotation of the bell crank, the bell crank is structured to move the lifting arm (494).
As to Claim 4, Oswald discloses the invention of Claim 3 (Refer to Claim 3 discussion). Oswald also discloses wherein the lifting assembly includes a locking link (Link between 502 and 510) rotatably coupled to the bell crank (500), wherein the bell crank (500) is structured to rotate the locking link (Link between 502 and 510) past center in the raised position of the platform (62, 64) to assist, at least in part, with holding the platform in the raised position.
As to Claim 5, Oswald discloses the invention of Claim 4 (Refer to Claim 4 discussion). Oswald also discloses wherein the center corresponds to a vertical axis (The locking link rotates past a vertical axis through the bell crank) through the bell crank (500).
As to Claim 7, Oswald discloses the invention of Claim 1 (Refer to Claim 1 discussion). Oswald also discloses further comprising a float system (86, 88) coupled to the fixed frame.
As to Claim 8, Oswald discloses the invention of Claim 7 (Refer to Claim 4 discussion). Oswald also discloses wherein the float system includes a float (86, 88) having a height that is greater than a width of the float (Height and width are relative to the position and placement of the object with respect to the viewer).
Claims 1-5, 7 and 8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kawada (U.S. Patent No. 4,815,712).
As to Claim 1, Kawada discloses a system, comprising:
A fixed frame (1);
A movable frame (4b) coupled to the fixed frame (1), the movable frame including a lifting arm (4b);
A platform (6) coupled to the lifting arm (4b) of the movable frame, wherein the movable frame (4b) is structured to move (via 5) relative to the fixed frame (1) to change a position of the platform (6) relative to the fixed frame, and
Wherein a range of travel (The vertical distance between the platform 6 and the fixed frame 1 to reach the raised position is larger than the length of arm 4b. This distance is being interpreted as the range of travel) of the platform (6) between a raised position and a lowered position is greater than a length of the lifting arm (4b) of the movable frame.
As to Claim 2, Kawada discloses the invention of Claim 1 (Refer to Claim 1 discussion). Kawada also discloses wherein the fixed frame (1) includes a channel (2), the system further comprising a lifting assembly (10) coupled to the fixed frame (1) and the lifting arm (4b) of the movable frame, the lifting assembly (10) structured to rotate the lifting arm (4b), wherein the lifting arm (4b) is structured to slide along the channel (2) of the fixed frame in response to rotation of the lifting arm (4b) to change the position of the platform relative to the fixed frame.
As to Claim 3, Kawada discloses the invention of Claim 1 (Refer to Claim 1 discussion). Kawada also discloses further comprising a lifting assembly (3, 10, 4a, 4c, 4d) including a hydraulic cylinder (10) and a bell crank (4a, 4c), the hydraulic cylinder (3, 10 grouped together) coupled to the fixed frame (1) and the bell crank (4a, 4c) rotatably coupled to the hydraulic cylinder (3, 10), the bell crank (4a, 4c) further rotatably coupled to the lifting arm (4b) of the movable frame, wherein the hydraulic cylinder (10) is structured to rotate the bell crank (4a), and, in response to rotation of the bell crank, the bell crank is structured to move the lifting arm (4b).
As to Claim 4, Kawada discloses the invention of Claim 3 (Refer to Claim 3 discussion). Kawada also discloses wherein the lifting assembly includes a locking link (4d) rotatably coupled to the bell crank (4a, 4c), wherein the bell crank (4a, 4c) is structured to rotate the locking link (4d) past center in the raised position of the platform (6) to assist, at least in part, with holding the platform in the raised position.
As to Claim 5, Kawada discloses the invention of Claim 4 (Refer to Claim 4 discussion). Kawada also discloses wherein the center corresponds to a vertical axis through the bell crank (4a).
As to Claim 7, Kawada discloses the invention of Claim 1 (Refer to Claim 1 discussion). Kawada also discloses further comprising a float system (14) coupled to the fixed frame.
As to Claim 8, Kawada discloses the invention of Claim 7 (Refer to Claim 4 discussion). Kawada also discloses wherein the float system includes a float (14) having a height that is greater than a width of the float (Height and width are relative to the position and placement of the object with respect to the viewer).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EDWIN J TOLEDO-DURAN whose telephone number is (571)270-7501. The examiner can normally be reached Monday through Friday: 10:00AM to 6:00PM EST.
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/EDWIN J TOLEDO-DURAN/Primary Examiner, Art Unit 3678
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