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 .
The amendment filed 9 June 2026 has been entered.
Claim Interpretation
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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: side shift mechanism in Claims 20-21. The limitation mechanism is construed to be a generic placeholder.
Claim Rejections - 35 USC § 112
In Claims 20-21, claim limitation “side shift mechanism” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. Neither the drawings nor the written description denote the specific structure of the side shift mechanism. A side shift mechanism is not a structural limitation; it is a mechanism that moves another structure in a side/transverse direction. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(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.
Claim Rejections - 35 USC § 102
Claim(s) 16-18, 20-25, and 27-30 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kaup (WO 2017020885).
Claim 16: picking up and depositing loads comprising at least one supporting body (3), at least one carrying body (7) and at least one pickup body (5) configured for picking up and depositing at least one load, wherein the pickup body is movable between a first position in which the pickup body at least mainly extends in or along the carrying body and a second position in which the pickup body at least mainly extends outside or away from the carrying body,
a rotator (8) connecting the carrying body to the supporting body and configured to rotate the carrying body and the pickup body around a rotation axis (Fig. 1a);
wherein in the first position the pickup body mainly extends in the same direction as the rotation axis of the rotator, and wherein in the second position the pickup body mainly extends in a direction transverse to the rotation axis (at least Fig. 1a-1c; pivot 8 of at least Fig. 1a-1c allows 5 and/or 27 to face transverse directions which meets the claims; alternatively, the same direction can be construed to be in the up-down direction);
Claim 17: wherein the device further comprises a guiding body for moving the carrying body and the pickup body in a direction transverse to the rotation axis of the rotator, the guiding body is a double-movement guiding body (30);
Claim 18: wherein the pickup body is a rigid chain actuator (22), wherein a chain end of the rigid chain actuator is provided with pick-up units for picking up loads such as boxes (5; base/cup/etc.) and the pick-up units are suction cups (not positively claimed; therefore, not required);
Claim 20: wherein the device further comprises a side shift mechanism for moving the carrying body and the pickup body in a direction transverse to the rotation axis of the rotator (structure connected to 5/etc. in at least Fig. 1c);
Claim 21: wherein the side shift mechanism is provided between the rotator and the supporting body (at least Fig. 1c);
Claim 22: wherein the supporting body is mounted or adapted to be mounted on a lift truck (“forklift truck”);
Claim 23: wherein the supporting body is moveable by the lift truck in the same direction as the rotation axis of the rotator (at least Fig. 5);
Claim 24: wherein the rotation axis substantially extends in a vertical direction, such that a direction transverse to the rotation axis of the rotator substantially extends in a horizontal direction (at least Fig. 1a-1c);
Claim 25: wherein the largest dimension of the supporting body extends substantially transverse to the rotation axis of the rotator and/or the largest dimension of the carrying body extends in the same direction as the rotation axis of the rotator (at least Fig. 1a-1c);
Claim 27: lift truck (“forklift truck”) comprising a device for picking up and depositing loads comprising:
at least one supporting body (3),
at least one carrying body (7) and at least one pickup body (5) configured for picking up and depositing at least one load, wherein the pickup body is movable between a first position in which the pickup body at least mainly extends in or along the carrying body and a second position in which the pickup body at least mainly extends outside or away from the carrying body,
a rotator (8) connecting the carrying body to the supporting body and configured to rotate the carrying body and the pickup body around a rotation axis (Fig. 1a);
wherein in the first position the pickup body mainly extends in the same direction as the rotation axis of the rotator, and wherein in the second position the pickup body mainly extends in a direction transverse to the rotation axis (at least Fig. 1a-1c; pivot 8 of at least Fig. 1a-1c allows 5 and/or 27 to face transverse directions which meets the claims; alternatively, the same direction can be construed to be in the up-down direction);
Claim 28: wherein the device is provided on a vertical guide track at the front side of the lift truck (“the load can be lifted” (English translation));
Claim 29: wherein at the front side, the lift truck further comprises a carrier for loads or a carrier for a pallet or the like (Fig. 1a; intended use);
Claim 30: picking up and depositing loads comprising at least one supporting body (3), at least one carrying body (7) and at least one pickup body (5) configured for picking up and depositing at least one load, comprising the steps of:
enabling the pickup body to be movable between a first position in which the pickup body at least mainly extends in or along the carrying body and a second position in which the pickup body at least mainly extends outside or away from the carrying body (at least Fig. 1a-1c),
connecting the carrying body to the supporting body by a rotator (8) configured to rotate the carrying body and the pickup body around a rotation axis (Fig. 1a);
wherein in the first position the pickup body mainly extends in the same direction as the rotation axis of the rotator, and wherein in the second position the pickup body mainly extends in a direction transverse to the rotation axis (at least Fig. 1a-1c; pivot 8 of at least Fig. 1a-1c allows 5 and/or 27 to face transverse directions which meets the claims; alternatively, the same direction can be construed to be in the up-down direction).
Claim(s) 16-17 and 19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bel et al. (EP 3002247) (“Bel”).
Claim 16: picking up and depositing loads comprising at least one supporting body (11), at least one carrying body (12) and at least one pickup body (6) configured for picking up and depositing at least one load, wherein the pickup body is movable between a first position in which the pickup body at least mainly extends in or along the carrying body and a second position in which the pickup body at least mainly extends outside or away from the carrying body,
a rotator (see at least Fig. 1-2 and 5) connecting the carrying body to the supporting body and configured to rotate the carrying body and the pickup body around a rotation axis (at least Fig. 1-2 and 5);
wherein in the first position the pickup body mainly extends in the same direction as the rotation axis of the rotator, and wherein in the second position the pickup body mainly extends in a direction transverse to the rotation axis (at least Fig. 1-2 and 5; see Fig. 5 where 14 of at least Fig. 1-2 and 5 allows 6 to extend parallel/transverse to 11/12; alternatively, the same direction can be construed to be in the up-down direction);
Claim 17: wherein the device further comprises a guiding body (11/etc.) for moving the carrying body and the pickup body in a direction transverse to the rotation axis of the rotator, wherein the guiding body is a double-movement guiding body (at least Fig. 1-2 and 5);
Claim 19: wherein the guiding body is provided between the carrying body and the rotator (at least Fig. 1-2 and 5).
Response to Arguments
Applicant's arguments filed 9 June 2026 have been fully considered but they are not persuasive.
Re. the 112(b) and 112(f) issues, neither the drawings nor the written description denote the specific structure of the side shift mechanism. A side shift mechanism is not a structural limitation; it is a mechanism that moves another structure in a side/transverse direction.
Re. the first full para. of p. 8 re. Kaup’s disclosure, pivot 8 of at least Fig. 1a-1c allows 5 and/or 27 to face transverse directions which meets the claims. Alternatively, the same direction can be construed to be in the up-down direction.
Re. the paragraphs at pp. 8-9, see Fig. 5 of Bel where 14 of at least Fig. 1-2 and 5 allows 6 to extend parallel/transverse to 11/12. Alternatively, the same direction can be construed to be in the up-down direction.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Gerald McClain whose telephone number is (571)272-7803. The examiner can normally be reached Monday through Friday from 8:30 a.m. to 5:00 p.m. and at gerald.mcclain@uspto.gov (see MPEP 502.03 (II)).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Saul Rodriguez can be reached at (571) 272-7097. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Gerald McClain/Primary Examiner, Art Unit 3652
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