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 3-4 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 3 states “particularly mainly vertical” which is an indefinite limitation making the unclear as to what is required. Appropriate correction is required.
Claim 4 states “particularly differently shaped…particularly horizontal” which is an indefinite limitation as it is not clear if these limitations are required or not. Appropriate correction is required.
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) 1-8, 11-15 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Mahon (WO 2019/122246 A1).
Regarding claim 1, (hereafter “D1”) discloses a rack (trailer rack 1) for transporting and/or storing building elements (disclosed for transporting pipes) and is capable of transporting elements used for building rotor blades of wind turbines, wherein the rack (1) comprises a holding structure (various embodiments of rack assemblies 2 are disclosed) and several holding arms (support rails 20, in particular the embodiment of figures 73-74) which are attached or attachable to the holding structure (at posts 14), wherein the holding arms (20) are arranged offset in several rows when they are in a holding position in which they project from the holding structure (2) in a storage space (as in figure 1) of the rack, wherein the holding arms (20) arranged in each row build a respective reception lane (best seen in figure 52 showing pipes 72) for receiving at least one building element (72) extending over at least several of the holding arms (as in figure 7) of this row, wherein at least two vertically staggered reception planes (as best illustrated in figure 52) are built, wherein at least one of the holding arms (20) which build an upper reception plane (top holding arms 20 are shown in figure 74) is movable from the holding position into a non-holding position, in which the respective holding arm (20) is moved out of the storage space (as in figure 6) above the reception plane below the upper reception plane, and vice versa (pg. 13, lines 1-13).
Regarding claim 2, D1 discloses wherein the holding arms (20) are arranged in several horizontal rows and in several vertical rows when they are in the holding position (figure 8).
Regarding claim 3, D1 discloses wherein at least one of the holding arms (20) is movable from the holding position into the non-holding position and vice versa by pivoting it around a, particularly mainly vertical, axis (figure 3 illustrates the arm rotation about a vertical axis).
Regarding claim 4, D1 discloses wherein at least one of the holding arms (20 as in figure 74) comprises at least two different, particularly differently shaped, surfaces (top surface and bottom surface have differing design), wherein this holding arm (20) is movable from a first position into a second position by turning this holding arm around a, particularly horizontal, axis, wherein the first surface (top) constitutes a support area for the building elements when this holding arm (20) is in the first position and the second surface (bottom) constitutes the support area when this holding arm is in the second position (arms 20 are mounted to post 14 such that they are capable of being slid upward and rotated about a horizontal axis and placed back on the post - pg. 13, lines 23-31).
Regarding claim 5, D1 discloses wherein several exchangeable holding arms (20), comprising differently shaped support areas for the building elements (top and bottom of 20 as in figure 74), are provided, wherein the holding arms are detachably attachable to the holding structure (slidable up the post 14 to attach and detach).
Regarding claims 6-7, D1 discloses wherein at least one of the holding arms (20) comprises a mounting device (rail side of 20) and a supporting device (a resilient pipe-engaging pad disclosed in claim 20) which is attached to or attachable to the mounting device and which constitutes a flexible support area for the building elements.
Regarding claim 8, D1 discloses wherein at least one of the holding arms (20) comprises a mounting device (arm side having series of apertures – best seen in figure 67 ), wherein several different, differently shaped, supporting devices (chocks 60 have varied shapes) are provided, which are detachably connectable with the mounting device.
Regarding claim 11, D1 discloses wherein the holding structure (2) is a holding frame with several vertical beams (as in figure 75 post 14 and arm 15), wherein the holding arms (20) are attached or attachable to the vertical beams (best seen in figure 8).
Regarding claim 12, D1 discloses wherein the vertical position of at least one of the holding arms (20) is adjustable, wherein this holding arm (20) is attached or attachable on one of the vertical beams (14) by vertically shiftable clamping means (pg.2, lines 5-10).
Regarding claim 13, D1 discloses wherein the storage space is located between two opposing holding structures (2), wherein holding arms (20) are attached to a first holding structure and holding arms are attached to a second holding structure (figure 1).
Regarding claim 14, D1 discloses wherein the rack (1) comprises at least one transportation means (wheels) for relocating the rack, wherein the transportation means is or comprises several wheels (4) for moving the rack (1) on a ground and/or a hoisting means, a hook or a lug, adapted to be connected with a rope of a cane and/or a fork socket adapted to receive a fork of a forklift.
Regarding claim 15, D1 discloses wherein two laterally adjacent racks (1) are releasably connectable with each other by connection means (multiple rack trailers are capable of being connected).
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) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mahon (WO 2019/122246 A1) in view of Duane (US 5,950,846).
Regarding claim 9, D1 does not disclose at least of one of the holding arms (20) being adjustable in length, telescopically extendable. Duane discloses material supporting arms (223) comprising telescopically adjustable members (223a, 223b) (figure 14; col. 9, lines 20-28). It would have been obvious to one of ordinary skill in the art at the time of the effective filing date to utilize telescoping arms in D1 as taught by Duane, for providing a size adjustment.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mahon (WO 2019/122246 A1) in view of ELEGGS GMBH CONSULTING COMPONENTS (DE 202021106660 U1).
Regarding claim 10, D1 does not disclose wherein at least one of the holdings arms (20) comprises at least one roller and/or at least one ball which constitutes a part of the support area for the building elements.
ELEGGS GMBH CONSULTING COMPONENTS (hereafter “D2”) teaches a material supporting arm (2) comprising a roller (13) on the supporting portion for supporting movement of a handle component (21) (figure 3).
It would have been obvious to one of ordinary skill in the art at the time of the effective filing date to utilize one or more rollers on the arm support surface of D1 as taught by D2 for the benefit of ease of adjusting the material being placed thereon.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See notice of references cited form PTO-892. References not applied but cited are relevant as disclosing or suggesting at least one feature in the claims or disclosure of the present application.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PATRICK D HAWN whose telephone number is (571)270-5320. The examiner can normally be reached Monday - Friday 9-6.
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, Jonathan Liu can be reached at 5712728227. 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.
/PATRICK D HAWN/ Primary Examiner, Art Unit 3631
Prosecution Insights