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 .
Election/Restrictions
Applicant's election with traverse of Species 1, figs. 1-10 and subspecies fig.11 in the reply filed on 06/17/2026 is acknowledged. The traversal is on the ground(s) that the species are not properly defined or clear and the subspecies are not clearly defined. In addition, Applicant’s are confused about figures 14-18 not being mentioned. This is not found persuasive because the Species 1 and 2 pertain to the different actuation methods for the internal support. It is evident from figures 1-10 and the disclosure that there is no mention of a powered mode of moving the internal support thereby implying it is manually moved. On the other hand, fig.20 shows an actuator to move the internal support, thereby implying a powered version of movement. The subspecies are defined in terms of the different holding mechanism embodiments. Applicant uses different variations from a manually actuated pin to power actuated gear teeth or ratchets. Figures 14-18 were not mentioned because these figures generally showcase elements and embodiments which could be applied to either Species 1 or 2. Fig.14 shows a damper which could be applied to any embodiment. Figs. 15-19 show various sensors and control arrangements which could in theory be utilized in either Species 1 or 2. Therefore they were not separated out.
The requirement is still deemed proper and is therefore made FINAL.
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.
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: “holding mechanism” in claims 3, 7, 10-13, 15, 17. Likewise, the dampening mechanism of claim 8.
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. The corresponding structure for the holding mechanism ranges from movable pins to actuators/sensors which allow engaging teeth or engaging the internal support so as to be able to hold it in position. For claims with function requiring the term “automatically” it is understood that these claims would require the embodiment involving sensors in order to satisfy the conditional statements provided by the claims.
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.
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.
Claim(s) 7 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Tygard (USP 6003917).
Regarding claim 7, Tygard discloses a clamping apparatus comprising:
a frame (fig.18, 120);
a plurality of clamping arms (fig.18, 130) supported by the frame for movement into and out of contact with a load to be lifted;
an internal support (fig.18, 150) for insertion into a cavity in the load, the internal support being mounted on the frame between the clamping arms for vertical translation with respect to the frame (evident in fig.18); and
a holding mechanism (col.18, lines 1-3; describes how the internal support may be moved via a motor or lifting device; Given BRI this would read on a holding mechanism since a motor is capable of lifting the internal support and by virtue of this actuation it is capable of holding the internal support in a raised position simply by not turning off the motor) which can releasably hold the internal support in a raised position with respect to the frame (the motor can simply be switched off or modulated in power to allow the internal support to be released).
Allowable Subject Matter
Claims 1-6 are allowed.
Claims 8-11, 13-17 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.
Reasons for allowance will be provided upon allowance.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art contains numerous relevant references to clamping apparatus that have internal supports embodied in different manners and some of which have holding mechanisms embodied in different manners and could readily serve as at the least teaching references.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOMAS C DIAZ whose telephone number is (571)270-5461. The examiner can normally be reached M-F 9am-6pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, John Olszewski can be reached at 571-272-2706. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THOMAS C DIAZ/Primary Examiner, Art Unit 3617
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