Notice of Pre-AIA or AIA Status
This is a first office action on the merits for application serail number 18/856,096 filed 10/11/24 as a national stage entry of PCT/EP2023/059699. Claims 1-15 are pending. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
The information disclosure statement (IDS) submitted on 10/11/24 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the examiner.
The drawings filed 10/11/24 are approved.
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 1-4 and 8-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by DE 4447424A1 to Zeppenfeld.
Zeppenfeld provides a lifting system 10 comprising;
at least one substantially vertical bearing column 20 comprising a plurality of modules 24 each comprising least two pillars 32 and a rack 28, the modules stack such that each pillar 32 of each module completely overlaps along the vertical with an associated pillar of the module below (see projections 2 and recesses discussed in paragraph [0029] of the translation), and wherein the rack associated with each module completely overlaps along the vertical with the rack of the module below (figures 1-2);
a lifting apparatus 18 wherein the pinion of the motor element (not shown but discussed in the penultimate clause of paragraph [0026] of the translation) couples to the rack in order to allow the movement of the lifting apparatus 18 and wherein a sliding surface (roller 54) of a traction element is in contact with a pillar or with a rack which is located in an intermediate position between the sliding surface and a sustaining element of a safety device, in such a way as to allow the traction element to exert a constant traction on the module.
The safety device (paragraph [0011] of the translation) comprising;
support element;
at least one safety element integral with the support element, wherein the at least one safety element comprises a sustaining element (the frame of device 18 upon which the rocker arm is pivotally connected with bolt 50), a traction element (roller 54 with rocker arm 46) mechanically connected to the sustaining element in such a way as to allow a movement of the traction element, and a command element (switch 56) configured to open an electrical safety contact when the traction element moves with respect to a predetermined position; and
a driver element (spring 52) with one end connected to the traction element (the end of rocker arm 46) and configured to exert a traction force on the traction element directed toward the sustaining element.
Note that while compression spring 52 exerts a force of the lower end of the rocker arm 46 to the left in Fig. 6 this causes the roller 54 to exert a force to the right which is towards the sustaining element.
With respect to claim 2, Figure 6 shows the opposite end of the spring connected to the sustaining element.
With respect to claim 3, see paragpgh [0008] of the translation which recites that the leading end of arm may be provided with a pulley, roller or gear each of which inherently include a contact protrusion.
With respect to claim 4,
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With respect to claims 8-9 see basket or platform illustrated in figures 1-2.
With respect to claims 11-15 see paragraph [0030] “When the rocker arm 46 is swung inwards, it actuates control switch 56, which interrupts the power supply”.
Claims 5-7 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 prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Note the safety device in Figure 4 of GB 2,123,792 to Westergren.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT CANFIELD whose telephone number is (571)272-6840. The examiner can normally be reached M-F 10-6, some Saturdays.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Dunn can be reached at 571-272-6670. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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ROBERT CANFIELD
Primary Examiner
Art Unit 3636
/Robert Canfield/ Primary Examiner, Art Unit 3636