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 .
This is the first action on the merits of application 18/730,627. Claims 1-13 are currently pending.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
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 1-13 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.
Claim 1 recites the limitation "said lifting devices" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claims 2, 3, 4, and 8 recite the limitation “wherein it comprises” in line 2 of each claim. This limitation renders the claims indefinite as it is unclear what structure “it” is referencing.
Claim 2 recites the limitation “two pairs of rollers positioned at a same vertical height as said trolley” in lines 2-3. It is unclear if the pairs of rollers are positioned at the same vertical height as each other on the trolley or if the rollers are positioned at the same vertical height as the trolley.
Claim 3 recites the limitation “two further pairs of rollers positioned at a same second vertical height of said trolley” in lines 2-3. It is unclear if the pairs of rollers are positioned at the same vertical height as each other on the trolley or if the rollers are positioned at the same vertical height as the trolley. It is also recommended to clarify the claim language regarding “two further pairs” and “same second vertical height” as claim 3 depends directly from claim 1 and there is no first pair of rollers or first vertical height referenced in the line of dependency.
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.
Claims 1-5 and 13 are rejected under 35 U.S.C. 102(a)(1)/102(a)(2) as being anticipated by US 4084715 A (Stedman).
Regarding claim 1, Stedman discloses:
A trolley (48) with vertical sliding for devices for lifting a load (on forks 76) comprising respective rolling means (89, 91) designed to engage in respective vertical sliding tracks made on said lifting devices (11), said trolley being characterised in that said rolling means each comprise at least two rollers (two rollers 97 on each means 89, 91) designed to support said load acting on said trolley, said rollers being positioned symmetrically relative to a respective central pivot (82, 86).
Regarding claim 2, Stedman further discloses:
wherein it comprises two pairs of rollers (upper rollers 97 on means 91 found on opposing sides of carriage 48 at the same vertical height, figure 8) positioned at a same first vertical height as said trolley.
Regarding claim 3, Stedman further discloses:
wherein it comprises two further pairs of rollers (97 on means 89) positioned at a same second vertical height of said trolley (lower pairs of rollers 97 on means 89 found on opposing sides of carriage 48 at the same vertical height).
Regarding claim 4, Stedman further discloses:
wherein it comprises on a relative end means (76, forks 76 are a structural equivalent to the “engagement means 10” at the end of the trolley opposite the column recited in Applicant’s Specification) for engagement with said load to be lifted.
Regarding claim 5, Stedman further discloses:
wherein said rollers (97) comprise respective pins (96) shaped to match the inside of said rollers, and in that said pins and said central pivots (82, 86) have the same diameter as each other (the central pivots where they extend through plates 89 and 91 are the same diameter as pins 96 to fit common bores 92, 93, and 94 as shown in figures 6 and 7).
Regarding claim 6, Stedman further discloses:
wherein said rollers (97) have the same dimensions.
Regarding claim 7, Stedman further discloses:
wherein said at least two rollers (97) oscillate freely relative to a horizontal axis passing through said respective central pivot (82, 86).
Regarding claim 13, Stedman further discloses:
The lifting device (11) comprising a base support (13) configured to be arranged on a horizontal plane and a column (33) fixed on said base support (13) in such a way that it is arranged perpendicular to said horizontal plane, a trolley (48) according to claim 1 slidable vertically on said column and designed to engage with a load to be lifted.
Claims 1, 8-10, and 12 are rejected under 35 U.S.C. 102(a)(1)/102(a)(2) as being anticipated by US 5586620 A (Dammeyer et al.).
Regarding claim 1, Dammeyer et al. disclose:
A trolley (70) with vertical sliding for devices for lifting a load (on forks 50) comprising respective rolling means (80) designed to engage in respective vertical sliding tracks made on said lifting devices (10), said trolley being characterised in that said rolling means each comprise at least two rollers (two upper rollers 80 on each side of carriage 70) designed to support said load acting on said trolley, said rollers being positioned symmetrically relative to a respective central pivot (rollers on either side of the carriage 70 are positioned symmetrically relative to central pivot shown in annotated figure 3).
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Figure 3 of Dammeyer et al. annotated by the Examiner
Regarding claim 8, Dammeyer et al. further disclose:
wherein it comprises a first lower portion (50) and a second upper portion (70), and means (60 is a structural equivalent to the reticular structure recited in Applicant’s Specification) for connecting said first lower portion and second upper portion.
Regarding claim 9, Dammeyer et al. further disclose:
wherein said connecting means (60) comprise a reticular structure (the crossing rods and struts of 60 constitute a reticular structure).
Regarding claim 10, Dammeyer et al. further disclose:
wherein said reticular structure comprises tie rods and struts (the elongated crossing components of 60 are tie rods and struts connecting the respective upper and lower portions) connected respectively to said first lower portion (50) and said second upper portion (70) by respective hinges (pivot points connecting 60 to each of 70 and 50), said hinges being of the type with at least one degree of freedom.
Regarding claim 12, Dammeyer et al. further disclose:
wherein said reticular structure is of the lattice type (figure 3 shows 60 in a lattice type configuration).
Claim Rejections - 35 USC § 103
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.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over US 5586620 A (Dammeyer et al.) in view of US 3586192 A (Goodacre, Applicant’s cited prior art).
Regarding claim 11, Dammeyer et al. teach:
The trolley according to claim 10.
Dammeyer do not teach:
wherein said hinges comprise spherical joints.
However, Goodacre teaches:
A trolley (10) for lifting a load and connecting means (figure 3) connecting the upper and lower portions with hinges (33, 34), and
wherein said hinges (33, 34) comprise spherical joints.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use spherical joints in the hinges of Dammeyer et al., as taught by Goodacre, with a reasonable expectation for success to allow movement in more than one degree of freedom. The spherical joints of Goodacre allow the forks of the lifting device to tilt to prevent slipping of the load off of the forks, “These forks will thus move with the front part and may thus by tilted so that a load thereon will tend to be maintained in the heel of the forks.” Col. 2 of Goodacre, lines 12-15.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US-3070190-A, US-4034855-A, US-6390763-B1, and US-20020164238-A1 are cited to show various lifting trolleys with rolling means.
US-2260922-A, US-2083502-A, US-20050241886-A1, and US-20130048437-A1 are cited to show pivoting roller configurations for lifting trolleys in elevator systems.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHELLE M MUDWILDER whose telephone number is (571)272-6068. The examiner can normally be reached M-F 11:00 am - 7:30 pm.
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/M.M.M./Examiner, Art Unit 3654
/ANNA M MOMPER/Supervisory Patent Examiner, Art Unit 3654