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 .
DETAILED ACTION
Examiner’s Comments
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 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.
Column and line (or Paragraph Number) citations have been provided as a convenience for Applicants, but the entirety of each reference should be duly considered. Any recitation of a Figure element, e.g. “Figure 1, element T should be construed as inherently also reciting “and relevant disclosure thereto”.
Throughout the specification applicant has used the term “pair” when describing a feature that appears to be an axle or shaft about which the rotating body pivots. For example, applicant discloses the first rotating “pair” (2233) having a rotation axis (‘rotation center’) about which the traveling wheel (2221) rotates (see as an example [0099]).
However, the plain meaning of the term “pair” is ‘a set of two things’ or ‘an article consisting of two joined parts’ and not an axle or rotating shaft. Since applicant is free to act as their own lexicographer and has done so in this instance, for the purposes of examination on the merits (including for claims 8-14), the term ‘pair’ has been redefined and will be taken to mean an axle or rotation shaft.
Drawings
New corrected drawings in compliance with 37 CFR 1.121(d) are required in this application because the scan of the drawings submitted are hazy and not crisp. The lines for the reference numbers should be black, even, and consistent. Applicant is advised to employ the services of a competent patent draftsperson outside the Office, as the U.S. Patent and Trademark Office no longer prepares new drawings. The corrected drawings are required in reply to the Office action to avoid abandonment of the application. The requirement for corrected drawings will not be held in abeyance.
The drawings are objected to because in FIG.15, there is a lead line with no corresponding reference numeral. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the traveling component extending at least partially into an interior of the guide rail (recited in the alternative) of claim 5 (where only one scenario is shown in FIG.12); the one end of the support rod being hinged to the transition platform of claim 17; the other end of the support rod “movably connected” to the arc-shaped guide groove of claim 17 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Objections
Claim 23 is objected to because of the following informalities: lines 3-4, “to a moving direction of the mobile component to the mobile component” is awkward and perhaps “to the mobile component” should not be repeated. Appropriate correction is required.
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 3-4, 16-17, and 23 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 pre-AIA the applicant regards as the invention.
Claim 3 recites “two or more parallel guide rails” at lines 2-3 which lacks antecedent basis in the claims because the recitation does not refer back to the ‘arc-shaped guide rail’ of claim 1.
Claim 3 recites “at least one mobile unit” in line 4 which lacks antecedent basis in the claims because it does not refer back to the ‘plurality of mobile units’ of claim 2.
Claim 4 lacks antecedent basis because of the recitation of “the mobile unit” on line 2 where perhaps the claim should recite “each said mobile unit” or something similar.
Claim 16 recites “two adjacent mobile assemblies” but the limitation does not properly refer back to the two or more mobile assemblies of claim 1 and therefore lacks antecedent basis.
For claim 17, it is unclear how the support rod functions with respect to the transition platform and guide groove. The recitation of the one end of the support rod hinged to the transition platform and the other end movably connected to the arc-shaped guide groove is reiterated from the specification, but no further details are provided and it is unclear how the support rod is connected to allow the mobile assemblies to function when stacked.
Claim 23 is indefinite because the recitation “and/or” is unclear as to what applicant intends to recite “and” or “or” or something else.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 7 and 13 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Claim 7 is ONLY further narrowing in the alternative. Specifically, claim 5 recites two separate scenarios: one where the guide rail is arranged “on the arc-shaped surface” (such as seen in FIG.12) and one where the guide rail is “recessed from the top surface” (as seen in FIGS. 10 or 11). Claim 7 is directed only to the first scenario where the guide rail is arranged on the arc-shaped surface (as seen in FIG.12). When the guide rail is “on” the arc-shaped surface, the guide rail can protrude therefrom and the clamping groove (2221a) is seen. In the alternative scenario where the guide rail is “recessed” within the top surface no protrusion is seen and no clamping groove (2221a) is provided. In this alternative scenario, the traveling wheel (2221) has no clamping groove (2221a) as recited in claim 7 but instead includes the clamping protrusion (2222). Since claim 5 recites alternative scenarios AND claim 7 would NOT be further limiting in both, the claim does not satisfy 35 USC 112, fourth paragraph.
Claim 13 is ONLY further narrowing in the alternative. Specifically, claim 11 recites two separate scenarios and claim 13 only further limits the second scenario, that of the driving assembly comprising an electric driving component. Claim 13 would not be further limiting for the driving assembly comprising a screw and nut.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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 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.
Claims 1-5, 16, 18, and 26 are rejected under 35 U.S.C. 103 as being unpatentable over Rogers, Jr. in view of Searing ‘428.
For claim 1, Rogers, Jr. (3632076) discloses a balance bearing device (FIG.4) for a transport equipment, comprising:
a mobile assembly,
wherein the mobile assembly includes
a base, a mobile component, and an adjusting component,
the base comprises an arc-shaped guide rail (FIG.4),
the mobile component is arranged on the base and is able to move along an extension trajectory of the guide rail under the action of gravity,
the adjusting component (46) is connected between the mobile component and the base, and is configured to limit a limiting position of the mobile component moving along the guide rail.
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Rogers, Jr. lacks the mobile assembly comprising two or more assemblies as recited.
Searing (2195428) teaches the use of two mobile assemblies (FIGS.1-4 or 7-9), stacked;
wherein extension directions of the guide rails of adjacent two mobile assemblies intersect with each other, and the base of one of the adjacent two mobile assemblies is connected to the mobile component of the other of the adjacent two mobile assemblies, and
in a stacking direction (Y) of the two or more mobile assemblies, the mobile assembly located at the topmost layer is able to be connected to a component (bed, occupant) to be transported through the mobile component.
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention and with a reasonable expectation of success to have provided for Rogers, Jr. an additional mobile assembly thereof as taught by Searing in order to allow for self-leveling in a direction normal to that already provided.
For claim 2, wherein the mobile component comprises a bearing body and a plurality of mobile units,
the plurality of mobile units are distributed to be spaced apart and connected to the bearing body respectively, and
each mobile unit is movably connected to the guide rail.
For claim 3, Rogers, Jr., as modified, discloses the base of each mobile component comprises two or more parallel guide rails (see Rogers, Jr. FIG.2) which are arranged to be spaced apart, and each guide rail (FIG.2) is movably connected to at least one mobile unit.
For claim 4, wherein the mobile unit comprises a support frame (26), a traveling component (28) and a locking component (30),
the traveling component is connected to the support frame through the locking component (30),
the traveling component is able to move along the extension trajectory of the guide rail, and the locking component is configured to lock a position of the traveling component on the base.
For claim 5, in the stacking direction, the base (16) comprises a top surface and a bottom surface which are arranged to be opposite to each other, the top surface is an arc-shaped surface protruding toward a direction where the bottom surface is located,
the guide rail is arranged on the arc-shaped surface, the traveling component (30) is at least partially supported on the top surface (FIG.4), and
one of the traveling component (28,30,32) and the guide rails (34) extends at least partially into an interior of the other (the guide rail extends into the interior space formed by 28,30,32) and is movably connected to the other.
For claim 16, the balance bearing device further comprises an adapter assembly (26) which is connected between two adjacent mobile assemblies.
For claim 18, Rogers, Jr., as modified, discloses the balance bearing device according to claim 1, wherein the adjusting component comprises a telescopic cylinder (40), one of a cylinder body and a cylinder rod of the telescopic cylinder is connected to the mobile component and the other of the cylinder body and the cylinder rod of the telescopic cylinder is connected to the base.
For claim 26, Rogers, Jr. as modified, discloses a transport equipment, comprising the balance bearing device of claim 1.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Rogers, Jr., as modified above, and further in view of Searing.
For claim 7, Searing teaches the guide rail is an arc-shaped protrusion (“flange”, as seen in FIGS.15-16),
the guide rail is formed to protrude from the top surface toward a side away from the bottom surface,
the traveling component (FIG.14) comprises a traveling wheel (FIG.14) and a clamping groove (see groove, FIG.14) arranged on the traveling wheel,
the traveling wheel is supported on the top surface (FIGS.15-16), and
the clamping groove is clamped to the guide rail and is able to move along the extension direction of the guide rail (where the protrusion described as a “flange” acting to guide wheels and provides means for retaining the wheels on the tracks).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention and with a reasonable expectation of success to have provided for Rogers, Jr., as modified, a guide rail protrusion as taught by Searing and corresponding clamping groove wheels as taught by Searing as an obvious expedient to allow the mobile assemblies to move. The claim would have been obvious because the substitution of one known element for another would have yielded predictable results to one of ordinary skill in the art at the time of the invention. KSR, 550 US at 82 USPQ2d at 1385 (Supreme Court 2007) (KSR) supports this rationale of a simple substitution. Courts have recognized that it would have been obvious to substitute one known element for another that performs the same function, where the results of the substitution would have been predictable. See, e.g., Agrizap, Inc. v. Woodstream Corp., 520 F.3d 1337, 1344 (Fed. Circ. 2008) (concluding that the claims were obvious, noting that “[t]he asserted claims simply substitute a resistive electrical switch for the mechanical pressure switch").
Moreover, applicant has not disclosed that the particular configuration by which the mobile assembly moves solves any stated problem (in the original disclosure) or is for any particular purpose, and it appears that other configurations would perform equally well, not change the use of the device, or produce an unexpected result.
Claims 1-5, 16, 18, and 26 are rejected under 35 U.S.C. 103 as being unpatentable over van Thiel et al. (2023/0011949) in view of Rogers, Jr. (3632076).
For claim 1, van Thiel et al. disclose all of the limitations of the invention as seen in FIG.3 including a balance bearing device for a transport equipment, comprising: two stacked mobile assemblies, each including a base and a mobile component. The base includes an arc-shaped guide rail. The mobile component is arranged on the base and moves along an extension trajectory of the rail under the action of gravity.
As seen in FIG.3 the two stacked mobile assemblies have extension directions of the guide rails that interest each other where the base of one assembly is connected to the mobile component of the adjacent assembly. The assemblies are stacked in the Y direction where the topmost layer is able to support a load.
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Van Thiel et al. lack the recited adjusting components for each mobile assembly, a feature taught by Rogers, Jr. (3632076) as seen with adjusting component (46) (FIG.4) connected between the mobile component and the base, configured to limit a limiting position of the mobile component moving along the guide rail.
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention and with a reasonable expectation of success to have provided for each mobile assembly of van Thiel et al. an adjusting component as taught by Rogers, Jr. in order to allow the assemblies to be controlled a piston and cylinder combination (a force) which can be regulated as desired through the provision of means such as a bypass line for hydraulic fluid flow, the force acting on the mobile component opposite the moving direction thereof.
Claims 20-23 are rejected under 35 U.S.C. 103 as being unpatentable over van Thiel et al., as modified above, or alternatively, over Rogers, Jr., as modified, further in view of Chen (‘960) and WO 2012/160400 (WO 400).
Van Thiel et al., as modified, and Rogers, Jr., as modified, both fail to include the detector and controller as recited.
However, these features are known from Chen (11052960) which discloses a transportation device (10), comprising a sensor (50) and a control circuit (60), wherein the sensor is configured to detect a tilt angle ([0028]) of the transportation device, and the control circuit is configured not to enable auto-balancing until a lateral tilt angle is less than a threshold and to disable auto-balancing when the lateral tilt angle exceeds the threshold (the threshold being 10 degree).
For claim 22, WO 400, similar to Chen, further teaches a controller configured for auto (self) balancing based on sensed changes in displacement of the center of gravity.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention and with a reasonable expectation of success to have provided for either van Thiel et al., as modified, or for Rogers, Jr., as modified, a sensor and control as taught by CN 449 in order to be able to select a tilting condition as a tilt angle A (taught by CN 499) or displacement B (taught by WO 400) of a moving member and a threshold to define the balanced position.
Regarding the range set forth in claim 21, it should be noted that if a claimed range and a prior art range do not overlap but are close enough that one skilled in the art would have expected them to have the same properties, then there would be a prima facie case of obviousness and the set value in the claimed range is not deemed critical or inventive (MPEP 2144.05). Furthermore, there is no evidence of criticality of the claimed range.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention and with a reasonable expectation of success to have provided the claimed threshold range comprises -7°±0.5°<A<7°±0.5°since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272,205 USPQ 215 (CCPA 1980). See also MPEP 2144.05 II.
For claim 23, van Thiel et al. was modified with Rogers, Jr. above discloses the features recited as does Rogers, Jr., as modified above. The reasoning is because Rogers, Jr. discloses the support member being controlled through the piston and cylinder combination (a force) which can be regulated as desired through the provision of means such as a bypass line for hydraulic fluid flow, the force acting on the mobile component opposite the moving direction thereof.
Allowable Subject Matter
Claims 8-11 and 13-14 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim 17 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The primary reason for the indication of allowable subject matter for the claims in this application is the inclusion
in claim 8 of the specific locking component (223) comprising an installation body (2231) and a rotating body (2232), the installation body (2231) is connected to the support frame (221), the rotating body (2232) is rotatably connected to the installation body (2231) through a first rotating pair (2233), the traveling component (222) is rotatably connected to the rotating body (2232) through a second rotating pair (2234), and a rotational axis of the first rotating pair (2233) is parallel to a rotational axis of the second rotating pair (2234) and spaced apart from the rotational axis of the second rotating pair (2234); and
in claim 17 the inclusion of the specific transition platform (201) and support rod (202), the transition platform (201) being located between the two adjacent mobile assemblies (1), an arc-shaped guide groove (14) provided on the base of one of the two adjacent mobile assemblies (1), the transition platform (201) connected to the mobile component (20) of one of the two adjacent mobile assemblies (1) and connected to the base (10) of the other of the two adjacent mobile assemblies (1), one end of the support rod (202) hinged to the transition platform (201) and the other end of the support rod (202) movably connected to the arc-shaped guide groove (14), in combination with the other elements recited, which is not found in the prior art of record.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The other cited references show similar configurations as that provided in the current application.
CN 204615734 discloses two mobile assemblies for a lighting system.
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Yajima et al. (2019/0045928) includes two stacked assemblies as well.
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Searing (1970630) provides a stabilization platform with two mobile assemblies as seen in FIG.1.
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Any inquiry concerning this communication or earlier communications from the examiner should be directed to HILARY L GUTMAN whose telephone number is 571.272.6662. 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, VIVEK KOPPIKAR can be reached on 571.272.5109. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HILARY L GUTMAN/Primary Examiner, Art Unit 3612B
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