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 .
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.
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 1-4, 6-8, and 12-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN 217054485 U (hereinafter will be referred to as “CN ‘485”).
Regarding claim 1, CN ‘485 (Figure 2) teaches an end frame capable of being used for paving equipment, the end frame comprising:
first and second end frame sections (5 and 6) that are adjustably connectable together (telescopic) to achieve a desired length for the end frame;
wherein the end frame is capable of being adjustably attachable to the paving equipment to achieve a desired angle (via sliding grooves, shown in base plate 1 but unnumbered; Figure 2) of the end frame with respect to the paving equipment.
Regarding claim 2, one of the end frame sections is slidable (5 and 6 are telescopic) with respect to the other end frame section.
Regarding claim 3, one of the end frame sections is slidably receivable (5 and 6 are telescopic) in the other end frame section.
Regarding claim 4, one of the end frame sections includes multiple openings (openings 12; Figure 2) that are each alignable with an opening (where bolt 11 is shown; Figure 2) in the other end frame section to achieve the desired length for the end frame, and wherein the end frame further includes a fastener (bolt 11) that is insertable into aligned openings of the end frame sections to fix the end frame sections with respect to each other.
Regarding claim 6, as shown in Figure 2, the end frame further comprises one or more fasteners (bolt 11) for adjustably connecting together the end frame sections.
Regarding claim 7, one of the end frame sections includes an end frame section body (4 as shown in Figure 2) and a pivotable connecting member (short post within circled portion in Figure 2) that is pivotable with respect to the end frame section body and attachable (via plates 1 or 9) to the paving equipment.
Regarding claim 8, the end frame section body includes an upright frame member (unnumbered bracket, shown attached and to the right of 4 in Figure 2) that defines a channel, and the pivotable connecting member (short post within circled portion in Figure 2) comprises a post that is received in the channel.
Regarding claim 12, as shown in Figure 2, the end frame further comprises a third end frame section (4) that is adjustably connectable to one of the first and second end frame sections (5 and 6) to achieve the desired length for the end frame.
Regarding claim 13, CN ‘485 teaches an assembly capable of being used for providing an adjustable end for paving equipment, the assembly comprising:
the end frame of claim 1; and
multiple side frames (1 and 8) having different fixed lengths;
wherein one of the side frames (1) is selectable (it is shown selected in Figure 2) based on the desired length of the end frame to achieve the desired angle of the end frame (via the sliding grooves in 1 and the pivot points) with respect to the paving equipment, and wherein the end frame is attachable to a first side of the paving equipment, and the one side frame is attachable to the end frame and to a second side of the paving equipment opposite the first side.
Regarding claim 14, CN ‘485 teaches an assembly capable of being used for providing an adjustable end for paving equipment, the assembly comprising:
the end frame of claim 1; and
a side frame (telescopic frame within circled portion in Figure 2) having first and second side frame sections (unnumbered, middle frame section with holes and adjacent frame section) adjustably connectable together (telescopic) to achieve a desired length for the side frame;
wherein the side frame is fixedly attachable to one side of the paving equipment (via plate 1), and the end frame is attachable to the side frame (via bracket on 4) and to another side of the paving equipment (via plate 8) to achieve a desired angle of the end frame with respect to the side frame and the paving equipment.
Regarding claim 15, one of the side frame sections is slidable (telescopic) with respect to the other side frame section.
Regarding claim 16, one of the side frame sections is slidably receivable (telescopic) in the other side frame section.
Regarding claim 17, one of the side frame sections includes multiple openings (unnumbered, shown within the circled portion in Figure 2) that are each alignable with an opening (unnumbered, shown within the circled portion in Figure 2) in the other side frame section to achieve the desired length for the side frame, and wherein the side frame further includes a fastener (unnumbered, shown within the circled portion in Figure 2) that is insertable into aligned openings of the side frame sections to fix the side frame sections with respect to each other.
Regarding claim 18, one or more fasteners (unnumbered bolt, shown within the circled portion in Figure 2) for adjustably connecting together the side frame sections.
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 5 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over CN ‘485 as applied above, alone.
Regarding claims 5 and 9, while CN ‘485 fails to disclose one of the end frame sections including markings to indicate desired lengths and/or desired angles associated with various connected positions of the end frame sections, the Examiner takes Official Notice that including markings to indicate desired lengths and/or desired angles as a visual indicator to a user is old and well-known. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify CN ‘485 to have one of the end frame sections include markings to indicate desired lengths and/or desired angles associated with various connected positions of the end frame sections as a visual indicator for convenience to a user when installing the end frame.
Claims 10-11 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over CN ‘485 as applied above, in view of Zimmermann, US 3,543,356.
Regarding claim 10, while CN ‘485 fails to disclose a tether connected to the first and second end frame sections, Zimmermann teaches providing a chain in a limited length which serves as a safety guard connected to two portions connected by a clasp/fastener to prevent loss (column 1 lines 52-55). Since CN ‘485’s first and second end frame sections are connected by a fastener and could be separated when the fastener is removed such that one end frame section could be lost, Zimmermann’s disclosure is relevant. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify CN ‘485’s end frame to include a tether in the form of a chain in a limited length connected to the first and second end frame sections in view of Zimmermann’s disclosure to prevent loss as discussed above.
Regarding claim 11, the resulting combination from claim 10 includes the tether comprising a chain.
Regarding claim 19, while CN ‘485 fails to disclose a tether connected to the first and second side frame sections, Zimmermann teaches providing a chain in a limited length which serves as a safety guard connected to two portions connected by a clasp/fastener to prevent loss (column 1 lines 52-55). Since CN ‘485’s first and second side frame sections are connected by a fastener and could be separated when the fastener is removed such that one side frame section could be lost, Zimmermann’s disclosure is relevant. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify CN ‘485’s side frame to include a tether in the form of a chain in a limited length connected to the first and second side frame sections in view of Zimmermann’s disclosure to prevent loss as discussed above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached Notice of References Cited sheet. CN 219554500 and CN 116516831 each could have been applied at least to claim 1 under 35 USC 102. Abromavage et al., US 3,464,720 and Coulter, US 3,131,498 are cited for teaching a safety chain tether.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATHERINE J CHU whose telephone number is 571-272-7819. The examiner can normally be reached M-F generally 9:30-5:30.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christopher Sebesta can be reached at 571-272-0547. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/KATHERINE J CHU/Examiner, Art Unit 3671
/CHRISTOPHER J SEBESTA/Supervisory Patent Examiner, Art Unit 3671
Prosecution Insights