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.
Claim 5 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 5 recites the limitation "the movable shuttle" in line 3. There is insufficient antecedent basis for this limitation in the claim.
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.
Claims 1-6 rejected under 35 U.S.C. 102(a)(1) as being anticipated by Black (US 3,811,579), cited by Applicant.
Regarding claim 1, Black discloses a delivery vehicle including an integral loading/unloading device (Figs.8-10) (alternate embodiment shown in Fig.2 includes vehicle body 11, moveably trolley 20, forks 60a,b also discloses the elements of the claim), the delivery vehicle including;
a vehicle body (96);
a movable trolley (101) being accommodated and movable in relation to the vehicle body; and
a drive member (105) attached to the movable trolley, the drive member for conveying the movable trolley back and forth along a guide track (98, 102), the guide track including a first horizontal portion (98) and a second vertical portion (102), the second portion extending downwardly on a side of the vehicle body, wherein the movable trolley supports at least one pivotable fork (112), the fork constructed and arranged to maintain a horizontal position when the movable trolley is in the horizontal portion of the guide track and when the movable trolley is in the vertical portion of the guide track (Figs.9-10).
Regarding claim 2, Black further discloses the movable trolley and drive assembly are mounted to a frame of the vehicle (Figs.8-10).
Regarding claim 3, Black further discloses the trolley supports two pivotable forks (112).
Regarding claim 4, Black further discloses an outrigger (99).
Regarding claim 5, Black further discloses the at least one fork is supported by a fork platform and the fork platform is rotatable at least 180 degrees with respect to the movable shuttle (Col.14, lines 42-48).
Regarding claim 6, Black further discloses the at least one fork has a respective fork hydraulic cylinder (66) for retracting or extending an overall axial length of the fork (Col.20, lines 48-57).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Tracy, Campbell, Walter, Brown and Reuss further disclose elements of a delivery vehicle including an integral loading/unloading device.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ASHLEY K ROMANO whose telephone number is (571)272-9318. The examiner can normally be reached Monday - Friday.
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/SAUL RODRIGUEZ/Supervisory Patent Examiner, Art Unit 3652
/ASHLEY K ROMANO/Examiner, Art Unit 3652