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 . 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 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.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The Examiner notes the information disclosure statement (IDS) submitted on December 27, 2024 has been annotated to correct a typo present in foreign document #11.
Drawings
The drawings are objected to under 37 CFR 1.84(h)(1) because Figure 4 includes an exploded view, on the same page as other views, where the separated parts of the invention are not embraced by a bracket.
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.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
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 1-15 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.
Claim 1 first recites a second pressure plate as part of an intended use of a lower chord connection with a connection device in lines 1-7. However, the claim goes on to positively recite structure of the second pressure plate in lines 14-15, in reciting “the second pressure plate, which has an internal cross-section for positively receiving the second fastening part”. It is therefore unclear from the claim whether Applicant is intending to claim the chord connection as a combination of the connection device and cantilever segments (which include first and second pressure plates), or only the subcombination of the connection device. This issue is also present in claims 8-15. The Examiner notes it appears claims 1-7 are intended to be directed to only the subcombination of the connection device, while claims 8-15 appear to be intended to be directed to the combination, leading to further confusion.
Claim 2 recites the limitation "the centering pin" in line 2. There is insufficient antecedent basis for this limitation in the claim; a centering pin is not previously recited in the claim(s). It appears this centering pin is intended to refer back to the “centering mandrel” previously recited in claim 1, line 10.
Claim 2 recites the limitation “the centering pin has a section tapering towards the second fastening part” in lines 2-3. It is unclear how the centering pin (mandrel) can have a section tapering towards the second fastening part when the centering pin (mandrel) is first set forth as being part of the second fastening part in claim 1, line 10.
Claim 5 recites the limitation "the first fastening member" in line 2. There is insufficient antecedent basis for this limitation in the claim; a first fastening member is not previously recited in the claim(s). It appears this first fastening member is intended to refer back to the “first fastening part” recited in claim 1, line 4.
Claim 5 recites the limitation “a second cylindrical lateral surface portion” in line 3. It is unclear how there can be a second cylindrical lateral surface portion without first having the presence of a first cylindrical lateral surface portion. The Examiner acknowledges “first cylindrical lateral surface section” in claim 2, line 3, however, claim 5 does not depend from claim 2.
Claim 5 recites the limitation "the second fastening member" in line 4. There is insufficient antecedent basis for this limitation in the claim; a second fastening member is not previously recited in the claim(s). It appears this second fastening member is intended to refer back to the “second fastening part” recited in claim 1, line 6.
Claim 6 recites the limitation "the second cylindrical skirt surface portion" in line 3. There is insufficient antecedent basis for this limitation in the claim; a second cylindrical skirt surface portion is not previously recited in the claim(s). It appears this second cylindrical skirt surface portion is intended to refer back to the “second cylindrical lateral surface portion” previously recited in claim 5, line 3.
Claim 5 recites the limitation "the first fastening member" in line 3. There is insufficient antecedent basis for this limitation in the claim; a first fastening member is not previously recited in the claim(s). It appears this first fastening member is intended to refer back to the “first fastening part” recited in claim 1, line 4.
Claim 7 recites the limitation "the second cylindrical shell surface portion" in lines 2-3. There is insufficient antecedent basis for this limitation in the claim; a second cylindrical shell surface portion is not previously recited in the claim(s). It appears this second cylindrical shell surface portion is intended to refer back to the “second cylindrical lateral surface portion” previously recited in claim 5, line 3.
Claim 7 recites the limitation “an anti-rotation means” in line 3. It is unclear from the claim whether this anti-rotation means is the same as, or different from, the releasable, twist-proof connection means previously recited in claims 8-9.
Claim 11 recites the limitation "the first fastening member" in line 6. There is insufficient antecedent basis for this limitation in the claim; a first fastening member is not previously recited in the claim(s). It appears this first fastening member is intended to refer back to the “first fastening part” recited in claim 11, line 3.
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.
Claims 1-3, 5, 7-10, and 12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 5,802,795 (Myers).
Regarding claim 1, Myers discloses a lower chord connection with a connection device for connecting cantilever segments of a cantilever of a tower crane (see Figures 1-3), comprising:
at least one connection bolt (10) with a first fastening part (left portion of bolt 10 in Figure 3) for fastening to a first pressure plate (36) of a first cantilever segment (38) and with a second fastening part (right portion of bolt 10 in Figure 3) for fastening to a second pressure plate (36a) of a second cantilever segment (38a),
wherein the first fastening part is provided with a releasable, twist-proof connecting means (26) for fastening to the first pressure plate (see Figure 3),
wherein the second fastening part is provided with a centering mandrel (16) for fastening to the second pressure plate, which has a radial securing slot (24) for receiving a plug-in part (48); and
a centering sleeve (40) for inserting into a corresponding through-opening in the second pressure plate, which has an internal cross-section for positively receiving the second fastening part (see Figure 3 and column 3, line 56, through column 4, line 41).
Regarding claim 2, Myers discloses the centering pin (16) has a section () tapering towards the second fastening part (right portion of bolt 10 in Figure 3) and adjoins a first cylindrical lateral surface section (14) which, in an assembled state, can be received in the centering sleeve (40), in a form-fitting manner (see Figure 3).
Regarding claim 3, Myers discloses the centering sleeve (40) has a wholly or partially circumferential flange with flange areas (shown adjacent reference character “40” in Figure 3) which is provided at an axial end of the centering sleeve and is arranged in an assembled state in the direction of the second fastening part (36a; see Figure 3).
Regarding claim 5, Myers discloses the first fastening member (left portion of bolt 10 in Figure 3) has a second cylindrical lateral surface portion (14) which in particular directly adjoins the second fastening member (right portion of bolt in Figure 3).
Regarding claim 7, Myers discloses the second cylindrical shell surface portion (14) is provided with an anti-rotation means (26) formed with a centering pin projecting from the second cylindrical shell surface portion (14; see Figures 1 and 3).
Regarding claim 8, Myers discloses the second pressure plate (36a) is provided with a continuous second through opening (34a) for receiving the centering sleeve (40) in a form-locking and friction-locking manner in the axial and radial direction (see Figure 3).
Regarding claim 9, Myers discloses the first pressure plate (36) is provided with a first through-opening (40) for receiving the second lateral surface portion (14) in a form-locking and friction-locking manner in the radial and axial directions (see Figure 3), wherein in an assembled state an axial end of a first lateral surface portion (14) of the second fastening part (right portion of bolt 10 in Figure 3) bears against the first pressure plate (see Figure 3).
Regarding claim 10, Myers discloses the first lateral surface portion (14) has an axial length at least equal to the thickness of the second pressure plate (36a), wherein the securing slot (24) is arranged such that, in an assembled state in which the first (36) and second pressure plates abut against each other, a force is exerted against the second pressure plate in the direction of the second fastening part when the plug-in part (48) is inserted (see Figure 3 and column 4, lines 8-56).
Regarding claim 12, Myers discloses the lower chord connection connects two lower chords (36, 36a) of the cantilever segments (38, 38a) with each other (see Figures 1-3),
wherein a fixing device (42) is provided at the end face of each of the two lower chords in order to secure the lower chords against displacement transversely to their axial direction (see Figures 2 and 3).
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 4 is rejected under 35 U.S.C. 103 as being unpatentable over Myers in view of US 4,525,094 (Johnson).
Myers discloses the flange is provided with flange areas (shown adjacent reference character “40” in Figure 3), but does not expressly disclose the flange being provided with bores by means of one or more fastening means for non-rotational fastening and securing to the second pressure plate (36a).
Johnson teaches a centering sleeve (20) comprising a flange (24) which is provided with flange areas (at 24) and bores (32, 34) by means of one or more fastening means for non-rotational fastening and securing to a second pressure plate (see column 3, lines 7-47). Johnson teaches this structure provides a convenient means of securing and removing a centering sleeve (see column 2, lines 33-40). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the connection device of Myers such that the flange is provided with bores by means of one or more fastening means for non-rotational fastening and securing to the second pressure plate, as taught in Johnson, in order to provide a convenient means of securing and removing a centering sleeve.
Claim 11 is rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Myers.
Regarding claim 11, as to 35 U.S.C. 102(a)(1), Myers discloses at least one further connection bolt (10; see column 1, line 54, through column 2, line 5, where multiple units are provided) is provided with a first fastening part (left portion of bolt 10 in Figure 3) for fastening to the second pressure plate of the second cantilever segment and with a second fastening part (right portion of bolt 10 in Figure 3) for fastening to the first pressure plate (36) of the first cantilever segment (38),
wherein the first fastening member is provided with a releasable connecting means (26) for fastening to the second pressure plate (see Figures 1 and 3),
wherein the second fastening part is provided with a centering pin (14) for fastening to the first pressure plate, which has a radial, in particular continuous, securing slot (24) for receiving a plug-in part (48); and
a centering sleeve (40) for inserting into a corresponding through-opening (40a) in the first pressure plate, which has an internal cross-section for receiving the second fastening part in a form-fitting manner (see Figure 3).
Regarding claim 11, as to 35 U.S.C. 103, Myers discloses the lower chord connection comprises a connection device according to claim 1, but does not explicitly disclose at least one further connection bolt is provided with a first fastening part for fastening to the second pressure plate (36a) of the second cantilever segment (38a) and with a second fastening part for fastening to the first pressure plate (36) of the first cantilever segment (38),
wherein the first fastening member is provided with a releasable connecting means for fastening to the second pressure plate,
wherein the second fastening part is provided with a centering pin for fastening to the first pressure plate, which has a radial, in particular continuous, securing slot for receiving a plug-in part; and
a centering sleeve for inserting into a corresponding through-opening in the first pressure plate, which has an internal cross-section for receiving the second fastening part in a form-fitting manner.
Applicant is reminded that it has been held that where the general conditions of a claim are disclosed the prior art, mere duplication of parts has no patentable significance unless a new and unexpected result is produced. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the connection device of Myers to provide at least one further connection bolt is provided with a first fastening part for fastening to the second pressure plate of the second cantilever segment and with a second fastening part for fastening to the first pressure plate of the first cantilever segment, wherein the first fastening member is provided with a releasable connecting means for fastening to the second pressure plate, wherein the second fastening part is provided with a centering pin for fastening to the first pressure plate, which has a radial, in particular continuous, securing slot for receiving a plug-in part; and a centering sleeve for inserting into a corresponding through-opening in the first pressure plate, which has an internal cross-section for receiving the second fastening part in a form-fitting manner, as such a modification involves mere duplication of parts (the parts of claim 1 being duplicated) has no patentable significance unless a new and unexpected result is produced. One of ordinary skill in the art would have been motivated to duplicate said parts in order to provide multiple fastening areas to better secure the cantilever segments, while providing a factor of safety.
Allowable Subject Matter
Claims 6 and 13-15 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.
Regarding claim 6, Myers discloses the lower chord connection comprising a connection device according to claim 5, but fails to disclose a screw threaded portion adjoins the second cylindrical skirt surface portion (14) to fasten the first fastening member (left portion of bolt 10 in Figure 3) to the first pressure plate (36) by screwing.
The prior art fails to fairly show or suggest a modification to Myers such that a screw threaded portion adjoins the second cylindrical skirt surface portion to fasten the first fastening member to the first pressure plate by screwing. Further, one of ordinary skill in the art would not have been motivated to make such a modification to Myers, as Myers teaches away from such a threaded connection in providing a pin/wedge connection that avoids the loss of typical threaded hardware by workers in the field (see column 2, lines 6-51).
Regarding claims 13-15, Myers discloses the lower chord connection comprising a connection device according to claim 12, but fails to disclose the fixing device (42) comprises at least one screw mandrel having a first fastening portion for fastening to the first pressure plate (36) and having a second fastening portion for fastening to the second pressure plate (36a), wherein the second mounting portion having a peripheral surface portion for mounting said mandrel to said second pressure plate, wherein a bushing is provided for inserting into a through opening in the second pressure plate, and wherein the bushing has an inner wall to receive the mantle surface portion of the second attachment portion.
The prior art fails to fairly show or suggest a modification to Myers such that the fixing device comprises at least one screw mandrel having a first fastening portion for fastening to the first pressure plate and having a second fastening portion for fastening to the second pressure plate, wherein the second mounting portion having a peripheral surface portion for mounting said mandrel to said second pressure plate, wherein a bushing is provided for inserting into a through opening in the second pressure plate, and wherein the bushing has an inner wall to receive the mantle surface portion of the second attachment portion. Further, the connection device of Myers exhibits no necessity for such a fixing device given the presence of multiple bolts (10) and tie rods (42) fastening the cantilever segments together (see Figures 2 and 3).
Conclusion
The prior art set forth in the attached Notice of References Cited (PTO-892) made of record and not relied upon is considered pertinent to Applicant's disclosure in the field of connection devices.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Josh Skroupa whose telephone number is (571)270-3220. The examiner can normally be reached M-F 7:30 AM – 3:30 PM ET.
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/Josh Skroupa/Primary Examiner, Art Unit 3678
