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 § 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 & 10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Perkins (US11,691,570)..
Interpretative note 1. Boom is defined as “a long more or less horizontal supporting arm or brace.” (BOOM Definition & Meaning - Merriam-Webster) In other words, anything that comprises an arm that extends can be a boom.
With respect to claim 1, Perkins discloses-
a first roof rail 302 including a first boom passage (indicated generally as the passage of crossbar 304 through rail 302; C10/L45-55);
a second roof rail 302 including a second boom passage and structured to be mounted opposite a first roof rail;
a boom housing 304 structured to connect first and second boom passages; and
a boom 306, 306 structured to be [telescopically] positionable in a housing so as to be deployable from a housing along a side of a vehicle, through any of first and second boom passages.
Claim Rejections - 35 USC § 103
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 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 2, 4 & 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Perkins in view of Dumond (US 4,226,331).
Perkins does not disclose a first boom support post and a booms supporting element. Dumond discloses a boom 14, 27 and further discloses a first boom support post 52 (FIG. 2: the figures include two elements labeled #52; this rejection is citing the element #52 that connects #48 to #14) structured to be connected to a first roof rail in a support configuration at connection plates 49. Dumon also discloses a boom supporting element 48. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the invention of Perkins to include a boom support post and a boom supporting element, as taught by Dumond, such that a “tripoidal” support is provided providing additional support to a hoist when in a position extending substantially horizontal as shown in FIG. 2.
Allowable Subject Matter
Claims 3, 6, 7, 8 & 9 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 GREGORY W ADAMS whose telephone number is (571)272-8101. The examiner can normally be reached Mon - Fri, 8am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Saul Rodriguez can be reached at (571)272-7097. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GREGORY W ADAMS/ Primary Examiner, Art Unit 3652
