DETAILED CORRESPONDENCE
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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims.
Therefore, the following claimed limitations (see below) must be shown or the feature(s) canceled from the claim(s). The claimed limitations not shown are:
“an installation mode” (see claim 1)
“a first slew bearing” (see claims 13 and 31)
“a second slew bearing” (claims 13 and 31)
“installation position” (claim 19)
No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 1-16, 18-34 and 36-37 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 pre-AIA the applicant regards as the invention.
Regarding claims 1, “its” (line 23) renders the claim indefinite because the claim is unclear as what structure “its” refers to in the claim. Please see similar “its” issues in claims 5, 12, 19, 23-24, and 30.
Regarding claim 4, “wherein the hydraulic cylinder is operable to, at least in the installation mode, extend the connection member” renders the claim indefinite because the limitation implies that the hydraulic cylinder and connecting member are separate structures. Also, see similar limitation in claim 22.
Regarding claim 11, the term “near” (see two instances in the claim” renders the claim indefinite because “near” is a relative term of degree. Also, see similar limitation in claim 29.
Regarding claim 16, the phrase “more specifically” renders the claim indefinite because “more specifically” is option claim language and does not positively claim the structure after “more specifically”. Also, see similar limitation in claim 34.
Please review all claims before the formal response is submitted, as any new 112(b) rejections introduced in the response may be grounds for a Final Rejection.
Allowable Subject Matter
Claim 1 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Claims 4-5, 11-12, 16, 19, 22-24, 30, and 34 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Claims 2-3, 6-10, 13-15, 18, 20-21, 25-29, 31-33, and 36-37 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 a statement of reasons for the indication of allowable subject matter:
Aitken et al. (US Publication 2021/0206606 A1) is considered the closest prior art to claims 1 and 19.
Aitken does not disclose nor would be obvious to the limitations of claim 1 below.
“wherein the hoisting device has a first hoisting mode in which the distal
end of the first boom extends at a first side of the slewing axis, and the first
hoisting crane is configured to hoist a load, or to hoist the second boom
assembly into an installation position in which the second boom assembly
extends at the first side of the slewing axis and is supported by the support
structure,
wherein the hoisting device has an installation mode in which the first
hoisting crane is configured to move the distal end of the first boom to a second
side of the slewing axis with respect to the second boom assembly while the
second boom assembly is in its installation position, and in which the hoisting
device is configured to connect the second boom assembly to the first hoisting
crane while the distal end of the second boom extends at the first side of the
slewing axis and the distal end of the first boom extends at the second side of the
slewing axis,
wherein the hoisting device has a second hoisting mode in which the
second boom assembly is connected to the first hoisting crane, the distal end of
the first boom and the distal end of the second boom extend at opposite sides of
the slewing axis and the connecting member is connected to the first boom and
to the second boom, wherein the first hoisting crane and the second boom
assembly together form a second hoisting crane”.
Claim 19 claims a similar method claim.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUAN J CAMPOS, JR whose telephone number is (571)270-5229. The examiner can normally be reached on Monday-Friday 9am-6pm.
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, Robert W. Hodge can be reached on phone number (571)272-2097. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JJC/
/ROBERT W HODGE/Supervisory Patent Examiner, Art Unit 3654
