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 § 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 1-15 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.
In claim 1, there is insufficient antecedent basis for “the plane” of the lower flange.
In claim 2, the phrase "preferably" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claim 4 refers back to “the central portion”, whereas two central portions are introduced in claim 1. It is unclear which central portion is referenced by claim 4.
Claim 15 is a method claim that depends from an apparatus claim. It cannot be determined if claim 15 requires all the limitations of claim 1.
Claim Rejections - 35 USC § 102
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 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) 1-6, 8, 9, 12 and 14 as understood is/are rejected under 35 U.S.C. 102a1/a2 as being anticipated by JP H11-158908 A (translation provided by Applicant), which discloses:
1. A boom arm segment (FIGS 2, 3, 4) for a concrete pump, having
an upper flange (a), a lower flange (b) and two side parts (c, f, g; and d, e, h) connecting the upper flange and the lower flange, wherein the side parts each comprise a lower edge portion (the lower edges portions of g and h, respectively) adjacent to the lower flange (b) and a central portion (c and d, respectively) arranged between the lower edge portion and the upper flange (e.g., see FIG 3),
wherein the side parts are beveled outward starting from the lower edge portion (g and h bevel up and out, starting from b and ending at c, d, respectively), such that the distance between the central portion (c) of the first side part and the central portion (d) of the second side part is greater than the distance between the lower edge portion (the lower edge portion of g) of the first side part and the lower edge portion (the lower edge portion of h) of the second side part (see FIG 3, by analogy: (L2+L1+L2) > L1),
wherein the boom arm segment comprises a joint connection (28A, see FIGS 4 and 5) with a joint surface (the inner surface of 28A), which defines a pivot axis (through the center of 28A, FIG 4, from left to right) for a pivot connection between the boom arm segment and an adjacent structure (such as shown in FIGS 5, 10),
wherein the joint surface is at least partially arranged below the plane of the lower flange (e.g., FIG 4), wherein the joint connection is connected via a first connecting carrier (the left side part of 27A, 26A as shown in FIG 4) to the central portion (see FIG 4) of the first side part,
wherein the first connecting carrier extends beyond the lower edge portion of the first side part (it extends below g; see FIGS 3, 4) without being connected to the lower edge portion of the first side part (e.g., see FIG 4).
2. The boom arm segment of claim 1, wherein the pivot axis (through 28A) is arranged below the plane (the plane of b) of the lower flange (see FIGS 3, 4), preferably in that the joint surface is arranged in its entirety below the lower flange (as understood).
3. The boom arm segment of claim 1, wherein the first connecting carrier (the left side part of 27A, 26A as shown in FIG 4) extends in a plane (such as at part 27A) parallel to a longitudinal center plane (a vertical plane through the center of FIG 4) of the boom arm segment.
4. The boom arm segment of claim 1, wherein the first connecting carrier (at the left side part of 26A, FIG 4) rests on an outer side of the central portion (see FIG 4).
5. The boom arm segment of claim 1, wherein the first connecting carrier is composed of a first component (left side part 26A of FIG 4) and a second component (left side part 27A of FIG 4).
6. The boom arm segment of claim 5, wherein the first component has a circumference (the outside shape of the upper part of 26A which rests on c) and the entire circumference rests on the central portion of the first side part (analogous to the outer circumference of Applicant’s first component 51 in FIG 7).
8. The boom arm segment of claim 1, comprising a second connecting carrier (the right side of 26A, 27A; see FIG 4), wherein the joint connection (including the right side 28A; FIG 4) is connected via the second connecting carrier (right side 26A, 27A of FIG 4) to the central portion of the second side part (d; see FIG 4).
9. The boom arm segment of claim 1, wherein the boom arm segment comprises a box profile (see FIG 3) and in that the box profile is composed of a first half shell and a second half shell (see FIG 11).
13. The boom arm segment of claim 8, wherein between the joint connection (28A) and the lower flange (B) a clearance is formed (see the space therebetween, FIGS 3 and 4), which is delimited by the first connecting carrier and the second connecting carrier (both sides of 26A and 27A, FIG 4).
14. The boom arm segment of claim 1, wherein the upper flange (a) and/or the lower flange are/is provided with bent portions oriented in the longitudinal direction (the left and right sides of a, which bend towards e and, f, are additionally read as part of the upper flange).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 7, 10-12 and 15 as understood is/are rejected under 35 U.S.C. 103 as being unpatentable over JP 11-158908 A.
Regarding claims 7 and 15, JP 11-158908 A discloses the claimed invention, including separate plate-like components joined at the claimed locations with the claimed geometries, but does not disclose the joints to be formed with welds. However it was well-known in the art before the effective filing date to join such members at their interfaces using welds (official notice), and it would have been obvious to form the boom arm segment of JP 11-158908 using the claimed welds at the disclosed interface locations in order to provide strong structural connections between the plate components.
Regarding claims 10-12, JP 11-158908 discloses a left- and right-side half shell, rather than an upper- and lower-side half shell as claimed. However it was well-known in the art at the time of filing to form box-profiled arms from upper- and lower-half shells as claimed (official notice), and it would have been obvious to do the same in the formation of JP 11-158908’s boom arm, in order to provide half-shells that are more compact and less prone to bending before assembly. (Note that welding an upper- and lower-half shell together would necessarily involve welding at a lower edge of the upper-half shell, as recited in claim 12).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2013/0020274 discloses various welding techniques to join steel panels in order to create a boom arm.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM M MCCALISTER whose telephone number is (571)270-1869. The examiner can normally be reached M-F from 7am to 6pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, CRAIG SCHNEIDER, can be reached at telephone number 571-272-3607, or Kenneth Rinehart can be reached at 571-272-4881. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WILLIAM M MCCALISTER/
Primary Examiner, Art Unit 3753
9/26/25