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 .
This is the First Office Action on the merits of Application No. 18/679677, filed on 05/31/2024. Claims 20-24 are still pending in the application.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 02/23/2026 has been entered.
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.
Claim(s) 20-24 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by US Patent No. 9,464,930 to Santi (henceforth referred to as Santi).
Regarding claims 20-24, Santi discloses a lift truck weighing device (i.e. Fig. 2) comprising:
a first rail (i.e. Fig. 2, upper toothed horizontal bar of ref. 20) permanently affixed to a lift truck carriage (i.e. Fig. 2, ref. 15 and Column 3, lines 42-45: “The base plate 20 may be welded, fastened, … or may be integrally formed with the fork carriage 15”) and comprising a first rail fastener receiving hole (i.e. Fig. 2, hole which upper nuts shown on ref. 20);
a carriage mounted scale (i.e. Fig. 2, ref. 45) configured to support one or more load handling fixtures (i.e. Fig. 2, ref. 42) and directly mounted to the first rail (i.e. Fig. 2, ref. 45 is directly mounted to ref. 20), the carriage mounted scale comprising a first scale fastener receiving hole (i.e. Fig. 2, hole shown on ref. 45 to receive ref. 22);
a first fastener (i.e. Fig. 2, receiving nut shown in dotted line on ref. 20) configured to secure the carriage mounted scale to the first rail by extending through the first scale fastener receiving hole and into the first rail fastener receiving hole; and
a first incorporated sensor (i.e. Fig. 2, ref. 22) incorporated into the first fastener and configured to measure a load (i.e. column 3, lines 46-47: “load cells 22”) from the one or more load handling fixtures.
Further comprising a second fastener (i.e. Fig. 2, multiple receiving nut shown in dotted line on ref. 20) and a second incorporated sensor (i.e. Fig. 2, multiple ref. 22 shown), wherein:
the first rail further comprises a second rail fastener receiving hole;
the carriage mounted scale further comprises a second scale fastener hole; the second fastener is configured to secure the carriage mounted scale to the first rail by extending through the second scale fastener receiving hole and into the second rail fastener receiving hole (i.e. Fig. 2 shows at least two ref. 22 mounted to holes within ref. 45 and 20); and
the second incorporated sensor is incorporated into the second fastener and configured to measure the load from the one or more load handling fixtures.
Further comprising a second rail (i.e. Fig. 2, lower horizontal bar of ref. 20), a third fastener, a fourth fastener, a third incorporated sensor, and a fourth incorporated sensor (i.e. Fig. 2 shows two additional lower ref. 22 with corresponding fasteners along the dotted lines), wherein:
the second rail is configured to be secured to the lift truck carriage and comprises a third rail fastener receiving hole and a fourth rail fastener receiving hole;
the carriage mounted scale further comprises a third scale fastener receiving hole and a fourth scale fastener receiving hole;
the third fastener is configured to secure the carriage mounted scale to the second rail by extending through the third scale fastener receiving hole and into the third rail fastener receiving hole;
the fourth fastener is configured to secure the carriage mounted scale to the second rail by extending through the fourth scale fastener receiving hole and into the fourth rail fastener receiving hole (i.e. Fig. 2 shows four ref. 22 with corresponding dotted lines through holes to corresponding fasteners);
the third incorporated sensor is incorporated into the third fastener and configured to measure the load from the one or more load handing fixtures; and
the fourth incorporated sensor is incorporated into the fourth fastener and configured to measure the load from the one or more load handling fixtures.
Wherein: the first scale fastener receiving hole and the second scale fastener receiving hole are horizontally arranged (i.e. Fig. 2 holes to receive the upper two ref. 22); and
and the third scale fastener receiving hole and the fourth scale fastener receiving hole are horizontally arranged (i.e. Fig. 2 holes to receive the two lower ref. 22).
Further comprising a second rail (i.e. Fig. 2, lower horizontal bar of ref. 20) arranged below the first rail and configured to bear a load (i.e. Fig. 1 shows ref. 10 attached to ref. 15 at the top rail and lower rail causing loading on the top rail and lower rail), a second fastener (i.e. Fig. 2, multiple receiving nut shown in dotted line on lower rail of ref. 20) and a second incorporated sensor (i.e. Fig. 2, multiple lower ref. 22 shown), wherein:
the first rail further comprises a second rail fastener receiving hole;
the carriage mounted scale further comprises a second scale fastener hole; the second fastener is configured to secure the carriage mounted scale to the first rail by extending through the second scale fastener receiving hole and into the second rail fastener receiving hole (i.e. Fig. 2 shows at least two lower ref. 22 mounted to lower holes within ref. 45 and 20); and
the second incorporated sensor is incorporated into the second fastener and configured to measure the load from the one or more load handling fixtures.
Response to Arguments
Applicant's arguments filed 02/23/2026 have been fully considered but they are not persuasive.
To summarize, Applicant argues that Santi does not teach a first rail permanently affixed to a lift truck carriage as claimed in claim 20. This argument is not persuasive because Santi does in fact teach the first rail may be permanently affixed to a lift carriage via welding or integrally formed with the lift carriage (i.e. Column 3, lines 42-45: “The base plate 20 may be welded, fastened, … or may be integrally formed with the fork carriage 15”). Therefore, the claim limitation is satisfied and the rejection is maintained.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DIEM M TRAN whose telephone number is (571)270-7825. The examiner can normally be reached M 9-5, W-F 10-2.
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/DIEM M TRAN/Examiner, Art Unit 3654