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 .
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The abstract of the disclosure is objected to because the term “means” . A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Rejections - 35 USC § 112
Claims 1-11 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.
The following claims are vague, indefinite, awkwardly, , confusingly worded and/or lacking proper antecedent basis:
“its” is recited in claim 1. The limitation must be positively recited rendering the claim indefinite and proper antecedent basis must be established..
“it” is recited in claim 9. The limitation must be positively recited rendering the claim indefinite and proper antecedent basis must be established..
“their own” is recited in claim 10. The language is narrative and use when referring to a person. This is an object and proper antecedent basis must be established.
“is designed” is recited in claim 11. The term is confusing because the whole device is design and not just this part which renders the claim indefinite. The Applicant should use the term formed.
Claim Interpretation
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: Lifting and pulling means in claim 1-11.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
The number of Wands Factors that are met are shown below and stratify all requirements under 112 F or sixth par.
(A) The breadth of the claims; Are enable
(B) The nature of the invention; Is found within the art meets all requirements.
(C) The state of the prior art; is common for a lifit and puller which acts upon a workpiece.
(D) The level of one of ordinary skill;
PNG
media_image1.png
18
19
media_image1.png
Greyscale
The level of the invention renders a device which is patentable.
(E) The level of predictability in the art; The Lift is common in the art but the structure and configuration is novel.
(F) The amount of direction provided by the inventor; The specification provides information on how to make and use the industry
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.
Claim(s) 1-11 is/are rejected under 35 U.S.C. 102(a1) as being anticipated by Mohr 10737915
Mohr discloses the claimed invention as recited in the claims as shown below In Bold since both are from the inventor Mohr:
(currently amended)
1.
heavy loads, comprising two frame assemblies (2, 3) 2 & 3 which are positioned one
above the other with respect to a vertical direction, in particular are or can be
oriented so as to be in parallel with one another, the lower frame assembly (2) of
which is arranged suspended on the upper frame assembly (3) by lifting and pulling
means (H1-H4), such that the lower frame assembly (2) can be raised on the upper
frame assembly (3) by winding the lifting and pulling means (H1-H4) (H1-H4 winding and traction pulls) using a raising
and lowering device, and can be lowered with respect to the upper frame assembly
(3) by unwinding the lifting and pulling means (H1-H4), each of the lifting and
pulling means (H1-H4) being deflected at least once in the extension thereof in
order to stabilize the lower frame assembly (2), which can undergo excursion, with
respect to the upper frame assembly (3), in at least one first lateral direction (R1)
which is transverse to the vertical direction (Z), such that a diagonal portion (H1d-
H4d) of each lifting and pulling means (H1-H4), which extends SO as to be inclined
relative to the vertical direction (Z) as a result, intersects with such a diagonal
portion (H1d-H4d) of another lifting and pulling means (H1-H4), which portion is
directly adjacent and extends in a manner inclined in the opposite direction,
wherein a course of each lifting and pulling means (H1-H4) in its
own lifting and pulling means plane, which planes are oriented so as to be side-
by-side and so as to be mutually parallel, oblique pulling means (S1-S4) S1a-S2d,, S2a-S2d which
can be wound and unwound by means of a tensioning device 5 and which in each
case extend in one of the oblique pulling means planes which are positioned side-
by-side and so as to be mutually parallel, and in this case are oriented so as to be
at right angles to the lifting and pulling means planes, extending between the two
frame assemblies (2, 3), of which pulling means two directly adjacent oblique
pulling means (S1-S4) in each case intersect with one another such that the lower
frame assembly (2), which can undergo excursion relative to the upper frame
assembly (3) in a second lateral direction (R2), in particular extending at right
angles to the first lateral direction (R1), transversely to the vertical direction (Z), is
also stabilized, relative to the upper frame assembly (3), with respect to said
second lateral direction (R2). See Fig.1
(currently amended) LiftingThe lifting apparatus (1) according to claim 1,
2.
characterized in thatwherein in each case two lifting and pulling means (H1-H4)
can be deflected together, towards the lower frame assembly (2), at a deflection
shaft (5a, 5b) 40 located in the region of the upper frame assembly (3).
(currently amended) Lifting The lifting apparatus (1) according to either claim 1 or
3.
claim 2, characterized in thatclaim 1, wherein each lifting and pulling means (H1-
H4) is deflected towards the upper frame assembly (3), at a deflection means 401-404m, in
particular deflection roller (6a-6d) 1000, located in the region of the lower frame
assembly (2).
PNG
media_image2.png
698
912
media_image2.png
Greyscale
(currently amended) LiftingThe lifting apparatus (1) according to any of the
4.
preceding claims, characterized in thatclaim 1, wherein each lifting and pulling
means (H1-H4) is deflected, at a deflection means, in particular deflection roller
(7a-7d) 501 & 502, located in the region of the upper frame assembly (3), towards a deflection
means, in particular deflection roller (6a-6d) 1000, located in the region of the lower
frame assembly (2), and from there towards a deflection shaft (5a, 5b) located in
the region of the upper frame assembly (3).
PNG
media_image2.png
698
912
media_image2.png
Greyscale
]
(currently amended) LiftingThe lifting apparatus (1) according to claim 4,
5.
characterized in thatwherein each lifting and pulling means (H1-H4) comprises at
least one first vertical portion (H1v1, H2v1, H3v1, H4v1) which extends between
the deflection means, in particular deflection roller (7a-7d), located in the region of
the upper frame assembly (3) and the deflection means, in particular deflection
roller (6a-6d), located in the region of the lower frame assembly (2), and at least
one second vertical portion (H1v2, H2v2, H3v2, H4v2) which extends between the
deflection means, in particular deflection roller (6a-6d), located in the region of the
lower frame assembly (2) and the deflection shaft (5a, 5b) located in the region of
the upper frame assembly (3), the two vertical portions enclosing, therebetween,
an angle of from 0° to 4°. The parts are all here and the angle zero is shown.
(currently amended) Lifting The lifting apparatus (1) according to any of the
6.
preceding claims, characterized in thatclaim 1, wherein a free end of each lifting
and pulling means (H1-H4) is fixed on the lower frame assembly (2), end portions
of the lifting and pulling means (H1-H4) that are opposite the free ends being
coupled to a lifting shaft (4b) of the raising and lowering device (4) which can be
rotated by a lifting drive (4a), and being able to be wound around said lifting shaft,
at least in part, and unwound therefrom. This is how the device works.
(currently amended) Lifting The lifting apparatus (1) according to any of claims 1
7.
to 5, characterized in thatclaim 1, wherein a free end of each lifting and pulling
means (H1-H4) is fixed on the upper frame assembly (3), end portions of the lifting
and pulling means (H1-H4) that are opposite the free ends being coupled to a lifting
shaft (4b) of the raising and lowering device (4) which can be rotated by a lifting
drive (4a), and being able to be wound around said lifting shaft, at least in part,
and unwound therefrom. This is how the device works.
(currently amended) Lifting The lifting apparatus (1) according to either claim 6 or
8.
claim 7, characterized in thatclaim 6, wherein the lifting and pulling means (H1-H4)
are deflected together, towards the lifting shaft (4b) of the raising and lowering
device (4) located in the region of the upper frame assembly (3), at a deflection
shaft (5c) located in the region of the upper frame assembly (3). This is how the device works.
(currently amended) LiftingThe lifting apparatus (1) according to any of the
9.
preceding claims, characterized in thatclaim 1, wherein the tensioning device
comprises at least one tensioning drive 5a-5d, which is in particular mechanically
independent of a lifting drive (4a) of the raising and lowering device (4), which
tensioning drive is coupled to at least one tensioning shaft, it being possible for at
least two of the oblique pulling means (S1-S4) to be wound around the tensioning
shaft, at least in part, and unwound therefrom. This is how the device works.
(currently amended) Lifting] The lifting apparatus (1) according to claim 9,
10.
characterized byfurther comprising at least two tensioning shafts, which shafts in
each case at least two of the oblique pulling means (S1-S4) can be wound around,
at least in part, and from which they can be unwound, the tensioning shafts being
at least indirectly coupled, either to their own tensioning drive in each case, or to
a common tensioning drive. This is how the device works.
(currently amended) LiftingThe lifting apparatus (1) according to any of the
11.
preceding claims, characterized in thatclaim 1, wherein at least one of the lifting
and pulling means (H1-H4) and/or oblique pulling means (S1-S4) is designed as a
strap or belt or cable or chain, or includes at least one of said embodiments, at
least in part. These parts such as belt are disclosed . (31) The individual traction means, i.e. the lifting and/or oblique traction means, can all be designed so as to be different from or identical to one another. Preferably, all or at least some of the traction means can thus be a belt or band or cable. Of course, combinations thereof are also conceivable, i.e. for example constructing a single traction means from a belt and a cable. Said belt and cable may contain metal and/or plastics and/or natural fibers for example or be formed of at least one thereof.
Allowable Subject Matter
The claims read on the applicants old invention and the subject matter which is distinct needs to be identified which may be possible allowable.
The inventions are very similar so the rejection is based upon similarity.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The 892 form disclose prior art being made of record.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LEE D WILSON whose telephone number is (571)272-4499. The examiner can normally be reached M-TH 6;30-4;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, BRIAN KELLER can be reached at 571-272-8548. 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.
LEE D. WILSON
Examiner
Art Unit 3723
Ldw
/LEE D WILSON/Primary Examiner, Art Unit 3723 February 10, 2026