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 .
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 4 – 6 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 4 recites the limitation "a second tractive element" in claim 4. However, its dependency upon claim 1 has already introduced a second tractive element in line 7. The claims is unclear as to whether a second tractive element in claim 4 is different than the second tractive element in claim 1. Appropriate clarification is needed.
Claim Rejections - 35 USC § 102
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 (i.e., changing from AIA to pre-AIA ) 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 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) 1, 4, 7 – 9, 12, 13, and 15 – 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nusbaum et al. U.S. 5,112,183 (“Nusbaum”). Nasbaum discloses [[claim 1]] a machine (fig. 1) comprising:
a base (column 15, line 55) having a front end (11a) and a rear end (11b);
a first assembly (42) pivotably coupled to the front end of the base, the first assembly including a first tractive element (14, 15) and a first axle (49, 99a) coupled to and extending from the first tractive element;
a second assembly (41) pivotably coupled to the rear end of the base, the second assembly including a second tractive element (12, 13) and a second axle (50, 99) coupled to and extending from the second tractive element;
a first actuator (52) comprising a first actuator end (52b) and a second actuator end (52a), the first actuator end directly coupled to a frontmost wall of the front end of the base (33) and the second actuator end directly coupled to the first assembly along the first axle; and
a second actuator (51) comprising a third actuator end (51b) and a fourth actuator end (51a), the third actuator end directly coupled to a rearmost wall of the rear end of the base (32) and the fourth actuator end directly coupled to the second assembly along the second axle (fig. 3, 9).
In reference to claims 4, 7, and 8, Nusbaum further discloses [[claim 4]] wherein the first assembly includes a second tractive element (51, as best understood);
[[claim 7]] wherein the first tractive element is spaced entirely forward of the frontmost wall of the base (fig. 3); and
[[claim 8]] the machine of claim 7, wherein the second tractive element is spaced entirely rearward of the rearmost wall of the base (fig. 3, 9).
In reference to claim 9, Nusbaum further discloses a machine (fig. 3) comprising:
a base (11) having a front end (11a) and a rear end (11b);
an assembly (41, 42) pivotably coupled to one of the front end or the rear end of the base (42 front, and 41 rear), the assembly including a tractive element (12 - 15) and an axle (49, 50, 99) coupled to and extending from the tractive element, the assembly extending from the base such that the tractive element is at least partially spaced forward of or reward of, respectively, the one of the front end or the rear end of the base (fig. 3); and
an actuator (51, 52) comprising a first actuator end (51a, 52a) and a second actuator end (51b, 52b), the first actuator end directly coupled to one of a frontmost wall of the front end of the base (19) or a rearmost wall of the rear end of the base (18) and the second actuator end directly coupled to the assembly (41, 42) along the axle.
In reference to claims 12, 13, and 15 – 18, Nusbaum further comprises [[claim 12]] wherein the tractive element is a first tractive element (one of 12 – 15) and wherein the assembly includes a second tractive element (one other of 12 and 13, or 14 and 15, respectively) coupled to the axle opposite the first tractive element;
[[claim 13]] the machine of claim 12, wherein the actuator is a first actuator (one of 51 or 52), further comprising a second actuator (the other of 51 or 52) comprising a third actuator end (51a, 52a) the third actuator end directly coupled to the one of the frontmost wall of the front end of the base or the rearmost wall of the rear end of the base (51a at the rear and 52a at the front) and the assembly along the axle (fig. 1);
[[claim 15]] wherein the assembly (42) is pivotably coupled to the front end of the base, and wherein the actuator is coupled to the frontmost wall of the base (19, 33);
[[claim 16]] the machine of claim 15, wherein the tractive element is spaced entirely forward of the front end of the base (fig. 2);
[[claim 17]] wherein the assembly (41) is pivotably coupled to the rear end of the base (fig. 2, 3), and wherein the actuator (51) is coupled to the rearmost wall of the base; and
[[claim 18]] the machine of claim 17, wherein the tractive element is spaced entirely rearward of the rear end of the base (fig. 3).
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(s) 2, 3, 10, 11, 19, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nusbaum in view of M. Ditty, U.S. 2015/0259185 (“Ditty”). Nusbaum does not disclose a boom. Ditty teaches [[claim 2 and 10]] a boom (abstract) coupled to the base. One of ordinary skill in the art prior to the effective filing date of the claimed invention would find modifying Nusbaum such that it comprised a boom in view of the teachings of Ditty obvious so as to provide an alternative support other than lift forks interchangeable in the art in an elevated position relative to the ground surface (paragraph [0001]).
In reference to claims 3 and 11, Ditty further teaches a turntable (24) couped to the base, wherein the boom is coupled to the turntable. One of ordinary skill in the art prior to the effective filing date of the claimed invention would find modifying Nusbaum such that it comprised the turntable in view of the teachings of Ditty such that it comprised the turntable so as to rotate the boom relative to the frame [0021].
In reference to claim 19, Nusbaum discloses a lift (abstract) comprising: a base (11) having a front end (11a) and a rear end (11b);
an assembly (41, 42) pivotably coupled to one of the front end or the rear end of the base, the assembly including a tractive element (12 - 15) and an axle (49, 59, 99) coupled to and extending from the assembly, the assembly extending from the base such that the tractive element is at least partially spaced forward of or reward of, respectively, the one of the front end or the rear end of the base (fig. 1); and
an actuator (51, 52) comprising a first actuator end (51a, 52a) a second actuator end (51b, 52b), the first actuator end directly coupled to one of a frontmost wall of the front end of the base (19, 33) or a rearmost wall of the rear end of the base (18, 32) and the second actuator end directly coupled to the assembly along the axle (fig. 1, 2).
In reference to claim 20, Nusbaum further discloses the assembly is a first assembly (41, 42), the tractive element is a first tractive element (12 - 15), and the actuator is a first actuator (51, 52), further comprising:
a second assembly (the other 41 or 42) pivotably coupled to the other one of the front end or the rear end of the base, the second assembly including a second tractive element (the other of 12 and 13 or 14 and 15), the second assembly extending from the base such that the second tractive element is longitudinally offset from and spaced from the other one of the front end or the rear end of the base (fig. 2); and
a second actuator (the other of 51 or 52) comprising a third actuator end (51a, 52a) and fourth actuator end (51b, 52b) coupled to the other one of the frontmost wall of the front end of the base or the rearmost wall of the rear end of the base and the fourth actuator end directly coupled to the second assembly along the second axle (fig. 2, 3). Nusbaum does not disclose a boom. Ditty teaches [[claim 2 and 10]] a boom (abstract) coupled to the base. One of ordinary skill in the art prior to the effective filing date of the claimed invention would find modifying Nusbaum such that it comprised a boom in view of the teachings of Ditty obvious so as to provide an alternative support other than lift forks interchangeable in the art in an elevated position relative to the ground surface (paragraph [0001]).
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nusbaum in view of Littman et al. U.S. 4,558,758 (“Littman”). Nusbaum does not disclose the first actuator and the second actuator are selectively fluidly couplable to each other. Littman teaches a first actuator (122, 122a – c, 130, 130a - c) and a second actuator (the other of 122, 122a – c, 130, 130a - c) are selectively fluidly coupleable to each other and selectively fluidly decouplable from each other (fig. 13 and 14). One of ordinary skill in the art prior to the effective filing date of the claimed invention would find modifying Nusbaum such that it comprised the actuators selectively fluidly couplable to each other in view of the teachings of Littman obvious so as to provide an old and well known method with predictable results of a synchronizing control for the mechanism, electrically measuring the number of degrees of rotation of the wheels about the axis (fig. 13, 14, column 5, line 14).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 9, and 19 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Allowable Subject Matter
Claims 5 and 6 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.
The following is an examiner’s statement of reasons for allowance: While prior art references teach a third actuator, one or ordinary skill in the art would not find modifying Nusbaum such that it comprised a third actuator coupled to the frontmost wall of the front end of the base and the first assembly obvious. The first assembly 42 pivotally couples to the front end of the base along the axis 47. A third actuator at that location would not provide anything of value to the system.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
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 KAREN BECK whose telephone number is (571)272-6212. The examiner can normally be reached Monday - Thursday from 8:30AM - 4:00PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jason Shanske can be reached on 571-270-5985. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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KAREN BECK
Primary Examiner
Art Unit 3614
/KAREN BECK/Primary Examiner, Art Unit 3614