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 Office Action on the merits of Application No. 18/817026, filed on 08/27/2024. Claims 1-16 are still pending in the application.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 01/19/2026 has been entered.
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) 1, 6, 10, 16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent No. 9,388,020 to Peacock et al (henceforth referred to as Peacock).
Regarding claim 1, Peacock discloses an elevator construction arrangement (i.e. Title) comprises a first hoistway (i.e. Fig. 1, ref. S) in a building,
a first car (i.e. Fig. 1, ref. 1), a first counterweight (i.e. Fig. 1, ref. CW), car guiderails (i.e. column 10, lines 21-24: “A preferred alternative… the means t are gripping means arranged to grip elevator guide rails”) configured to guide the first elevator car, and counterweight guiderails configured to guide the first counterweight (i.e. implied with counterweight),
a first elevator hoisting machine (i.e. Fig. 1, ref. 25) and a first suspension roping (i.e. Fig. 1, ref. R) configured to suspend the first elevator car and the first counterweight during construction time use;
a protection deck (i.e. Fig. 1, ref. 3) within the first hoistway during a first elevator installation in a bottom section of the first hoistway (i.e. Fig. 1, ref. “A” is lower than ref. “B” in the hoistway, hence the bottom section), the protection deck being devoid of any connection with an upper section of the first hoistway (i.e. Fig. 1, ref. 3 is not connected to upper portion of hoistway), the upper section being above the protection deck;
a hoist device (i.e. Fig. 1, ref. 31) coupled to the protection deck and configured to hoist a working platform (Fig. 1, ref. 2), the hoist device comprising a man riding hoist (i.e. Fig. 1, ref. 30) configured to attach to the working platform including the first elevator car or at least parts of the first elevator car or to an installation platform, and a hoist rope (i.e. Fig. 1, ref. 32) configured to attach to the first car or the installation platform and the hoist rope is configured to move with the hoist device; and
a first hoisting point (i.e. Fig. 1, connection point of ref. 31 to ref. 30) configured to support the working platform via the hoist device and the hoist rope;
wherein, during the first elevator installation in the bottom section of the first hoistway, the protection deck is configured to support the first hoisting point and the working platform guided on the car guide rails is configured as the installation platform in the bottom section of the first hoistway (i.e. Fig. 1), and
after the first elevator installation, the first elevator car is configured for the construction time use and the first elevator hoisting machine is configured to move the first elevator car in the bottom section of the first hoistway (i.e. column 1, lines 10-15: “method in constructing an elevator… being suitable for transporting passengers and/or goods during construction time thereof”), the first elevator hoisting machine being at a top of the bottom section of the first hoistway and the first elevator car being supported by the car guide rails (i.e. column 10, lines 21-24: “A preferred alternative… the means t are gripping means arranged to grip elevator guide rails”), and the first elevator hoisting machine is configured to suspend the first elevator car and the first counterweight together with the first suspension roping, in response to the first hoisting point and the hoisting device being removed from the first hoistway.
Regarding claims 6, 10, 16, Peacock discloses a method for installing an elevator (i.e. Title) during construction of a building, the method comprising
providing a first car (i.e. Fig. 1, ref. 1), a first counterweight (i.e. Fig. 1, ref. CW), car guiderails (i.e. column 10, lines 21-24: “A preferred alternative… the means t are gripping means arranged to grip elevator guide rails”) for guiding the first elevator car, and counterweight guiderails for guiding the first counterweight (i.e. implied with counterweight),
providing a first elevator hoisting (i.e. Fig. 1, ref. 25) and a first suspension roping (i.e. Fig. 1, ref. R) for suspending the first elevator car and the first counterweight during construction time use,
mounting a protection deck (i.e. Fig. 1, ref. 3) within the first hoistway in the building for an installation of a bottom section of the first hoistway (i.e. Fig. 1, ref. “A” is lower than ref. “B” in the hoistway, hence the bottom section), the protection deck being mounted such that the protection deck is devoid of any connection with an upper section of the first hoistway (i.e. Fig. 1, ref. 3 does not have any connection to an upper section), the upper section being above the protection deck,
providing a hoist device (i.e. Fig. 1, ref. 31), the hoist device being coupled to the protection deck and comprising a man riding hoist (i.e. Fig. , ref. 30) configured to attach to the first elevator car serving as a working platform or at least parts of the elevator car or to an installation platform serving as the working platform, and a hoist rope (i.e. Fig. 1, ref. 32) configured to attach to the first car or the installation platform and configured to move with the hoist device,
guiding the working platform on the car guide rails and the first counterweight on the counterweight guide rails installed at the bottom section of the first hoistway (i.e. column 10, lines 21-24: “A preferred alternative… the means t are gripping means arranged to grip elevator guide rails”),
attaching to the working platform the hoist device and the hoist rope (i.e. Fig. 1),
providing a first hoisting point (i.e. Fig. 1, connection point of ref. 31 to ref. 30) configured to support the working platform via the hoist device and the hoist rope;
during a first elevator installation in the bottom section of the first hoistway, mounting the first hoisting point to the protection deck, and installing elevator components in the bottom section using the working platform as the installation platform (i.e. Fig. 1),
installing the first elevator hoisting machine, supported by the car guide rails at a top of the bottom section of the first hoistway, and installing the first suspension roping to suspend the first elevator car and the first counterweight (i.e. Fig. 1), and
moving the first elevator car in construction time use in the bottom section of the first hoistway while the first hoisting point and the hoist device are removed from the first hoistway (i.e. column 1, lines 10-15: “method in constructing an elevator… being suitable for transporting passengers and/or goods during construction time thereof”).
Further comprising hoisting construction material below the protection deck by a material hoist comprised by the protection deck, and
hoisting the car guide rails and the counterweight guide rails and other heavy elevator components by the material hoist (i.e. column 1, lines 10-15: “method in constructing an elevator… being suitable for transporting passengers and/or goods during construction time thereof”).
Further comprising using the first elevator car or at least parts of the first elevator car as the working platform to be guided on the elevator car guide rails, or using the installation platform as the working platform (i.e. column 1, lines 10-15: “method in constructing an elevator… being suitable for transporting passengers and/or goods during construction time thereof”).
Allowable Subject Matter
Claims 2-5, 7-9, 11-15 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DIEM M TRAN whose telephone number is (571)270-7825. The examiner can normally be reached M 9-5, W-F 10-2.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Victoria Augustine can be reached at 313-446-4858. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/DIEM M TRAN/Examiner, Art Unit 3654