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
2. 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.
3. 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 –
4. (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.
5. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
6. Claims 1, 2 and 7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tsuboi (JP 3110703).
7. Regarding Claim 1, Tsuboi discloses A crane, see Claim 1, comprising: a crane body(1); a boom(2) that includes a boom proximal end part, a boom distal end part on a side opposite to the boom proximal end part, and a guyline connection part(17a), the boom proximal end part connected to the crane body(1) so as to allow the boom to be raised and lowered with respect to the crane body; a jib(10) that includes a jib proximal end part, which is connected to the boom(2) distal end part so as to allow the jib(10) to be raised and lowered with respect to the boom(2); a strut(12) that includes a strut proximal end part and a guyline connection part(18) see Exhibit A, the strut proximal end part connected to the boom distal end part or the jib proximal end part capably of vertically rotational movement so as to allow the strut to be raised and lowered with respect to the jib(10); a winch(41), see Fig 1, that is fixed to the crane body or the boom and performs a winding motion and a delivery motion; a winch rope(40), see Fig 1, that is wound to the winch(41) by the winding motion and delivered from the winch(40) by the delivery motion, the winch rope(40) including a rope tip part that is moved, in a direction to approach the winch(41), by the winding motion; an intermediate member(30) see Exhibit A, connectable to the rope tip part so as to be moved by the winding motion together with the rope tip part; at least one first guyline(17) that is disposed to interconnect the strut(12) and the intermediate member(30) and includes a strut connection end part(17a) to be connected to the strut(12) and a first intermediate connection end part(33) see Fig 2a and Fig 2b, which is an end part on a side opposite to the strut connection end part(17a) see Fig 1, Fig 2a and Fig 2b, to be connected to the intermediate member(30); and at least one second guyline(32) see Fig 2a and Fig 2b, that is disposed to interconnect the intermediate member(30) and the boom(2) and includes a boom connection end part(32b) to be connected to the guyline connection part(18) of the boom(2) and a second intermediate connection end part(33), which is an end part on a side opposite to the boom connection end part, to be connected to the intermediate member(30), wherein the at least one first guyline(17) interconnects the strut(12) and the intermediate member(30) so as to allow the strut having been fallen onto the ground to be raised by the winch performing the winding motion of winding the winch rope(40) with the rope tip part connected to the intermediate member(30) in a boom-and-jib fallen state where the boom and the jib have been fallen onto the ground, and the second intermediate connection end part of the at least one second guyline(32) is connected to the intermediate member(30) so as to allow the at least one second guyline(32) to be made approach the guyline connection part(18) together with the intermediate member(30) by the winding motion of the winch(41) to allow the boom connection end part(32b) of the second guyline(32) to be connected to the guyline connection part(18). See Fig 2.
Exhibit A
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8. Regarding Claim 2, Tsuboi discloses the crane and all the limitations of Claim1.
9. Tsuboi further discloses, wherein the at least one second guyline(32) includes a pair of second guylines connectable to opposite end parts of the intermediate member(30) in a boom(2) width direction that is a width direction of the boom(2), and the at least one guyline connection part(18) includes a pair of guyline connection parts corresponding to the pair of second guylines(32), respectively. At least one second guyline comprises of a pair of second guylines connection each connected as shown in Fig 4, Fig 5 and Fig 6.
10. Regarding Claim 7, Tsuboi discloses a method for assembling a crane that includes: see Claim 1, a crane body(1); a boom(2) a boom proximal end part connected to the crane body(1) so as to allow the boom to be raised and lowered with respect to the crane body, a boom distal end part on a side opposite to the boom proximal end part, and a guyline connection part; a jib(10) that includes a jib proximal end part, which is connected to the boom(2) distal end part so as to allow the jib(10) to be raised and lowered with respect to the boom(2); a strut(12) that includes a strut proximal end part and a guyline connection part(18) see Exhibit A, the strut proximal end part connected to the boom distal end part or the jib proximal end part capably of vertically rotational movement so as to allow the strut to be raised and lowered with respect to the jib(10); a winch(41), see Fig 1, that is fixed to the crane body or the boom and performs a winding motion and a delivery motion; a winch rope(40), see Fig 1, that is wound to the winch(41) by the winding motion and delivered from the winch(40) by the delivery motion, the winch rope(40) including a rope tip part that is moved, in a direction to approach the winch(41), by the winding motion; an intermediate member(30) see Exhibit A, connectable to the rope tip part so as to be moved by the winding motion together with the rope tip part; at least one first guyline(17) that is disposed to interconnect the strut(12) and the intermediate member(30) and includes a strut connection end part(17a) to be connected to the strut(12) and a first intermediate connection end part(33) see Fig 2a and Fig 2b, which is an end part on a side opposite to the strut connection end part(17a) see Fig 1, Fig 2a and Fig 2b, to be connected to the intermediate member(30); and a second guyline(32) see Fig 2a and Fig 2b, that is disposed to interconnect the intermediate member(30) and the boom(2) and includes a boom connection end part(32b) to be connected to the guyline connection part(18) of the boom(2) and a second intermediate connection end part(33), which is an end part on a side opposite to the boom connection end part, to be connected to the intermediate member(30), the method comprising: connecting the rope tip part to the intermediate member(30) and making the winch(41) perform the winding motion in a boom-and-jib fallen state where the boom(2) and jib(10) have been fallen onto the ground to thereby raise the strut(12) having been fallen on the jib(10); and making the winch(41) perform the winding motion in a state where the second intermediate connection end part(33) of the second guyline(32) is connected to the intermediate member(30) to thereby make the intermediate member(30) and the second guyline(32) approach the guyline connection part(18) and connecting the boom connection end part(32b) of the second guyline(32) to the guyline connection part(18). See Fig 2.
Claim Rejections - 35 USC § 103
11. 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 of this title, 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.
12. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
13. Claim 3 is rejected under 35 U.S.C 103 as being unpatentable over Tsuboi’s (JP 3110703) in view of Takaoka(US20210171323).
14. Regarding Claim 3, Tsuboi discloses the crane and all the limitations of Claim 2.
15. Tsuboi does not explicitly disclose a pair of string-shaped members having respective lengths equal to each other, the pair of string- shaped members including respective intermediate connection end parts to be connected to the opposite end parts of the intermediate member, respectively, and respective rope connection end parts, which are end parts on a side opposite to the intermediate connection end parts, to be connected to the rope tip part of the winch rope.
However, Takaoka(US20210171323) discloses the crane that comprises of a pair of string shaped members (50), having respective lengths equal to each other, the pair of string- shaped members including respective intermediate connection end parts(51) to be connected to the opposite end parts of the intermediate member(60), respectively, and respective rope connection end parts(52), which are end parts on a side opposite to the intermediate connection end parts, to be connected to the rope tip part of the winch rope(40m). see Fig 3, paragraph 28 line 11-16 “each jib intermediate support line(50) has a link member and a wire rope . For example, each jib intermediate support line (50) includes an intermediate support base and member(51) (intermediate support base and portion), an intermediate support tip end member(52) (intermediate support tip end portion), and an intermediate support member(53)”, paragraph 32 lines 1-3 “The intermediate support bracket(60) is a member for branching the jib intermediate support lines(50) from the jib guy lines(40)”, having respective lengths equal to each other, see Fig 3, the pair of string-shaped members(50) as corresponding right and left members are shown to have equal respective lengths.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to utilize Tsuboi’s ((JP 3110703) crane, with a pair of string shaped members (50), having respective lengths equal to each other as taught by Takaoka(US20210171323) to enable load stability thereby reducing unintended swinging and avoiding accidents.
16. Claim 4-6 are rejected under 35 U.S.C 103 as being unpatentable over Tsuboi’s (JP 3110703) in view of Koji(WO2024018913).
17. Regarding Claim 4, Tsuboi discloses the crane with all the limitations of Claim 2.
Tsuboi does not explicitly disclose the crane wherein the intermediate member has a variable. length in the boom width direction.
However, Koji(WO2024018913) disclose the crane wherein the intermediate member(4) has a variable length in the boom width direction. See Claim 4 “The crane according to claim 2 or 3, wherein the intermediate member has a variable length in the boom width direction”.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to utilize Tsuboi’s ((JP 3110703) crane, with variable length in the boom width direction as taught by Koji(WO2024018913) to improve structural stability and reliability of the crane thereby avoiding accidents. See Claim 4 “The crane according to claim 2 or 3, wherein the intermediate member has a variable length in the boom width direction”.
18. Regarding Claim 5, Tsuboi discloses the crane with all the limitations of Claim 2.
Tsuboi does not explicitly disclose the crane wherein: the intermediate member includes an intermediate member body extending in the boom width direction, a pair of connection parts connected to opposite end parts of the intermediate member body in the boom width direction, respectively, a pair of pins to penetrate both the pair of connection parts and the opposite end parts of the intermediate member body to interconnect the pair of connection parts and the opposite end parts of the intermediate member body, respectively, and a relative-displacement restraint part provided for at least one of the pair of connection parts; the at least one first guyline includes a pair of first guylines; the first intermediate connection end parts of the pair of first guylines and the second intermediate connection end parts of the pair of second guylines are connected to the pair of connection parts, respectively; the relative-displacement restraint part restrains a corresponding connection part that corresponds to the relative-displacement restraint part between the pair of connection parts from inward relative displacement in the boom width direction to the intermediate member body to thereby reduce an inward load in the boom width direction applied to the pin corresponding to the corresponding connection part between the pair of connection parts from the corresponding connection part.
However, Koji(WO2024018913) discloses the crane wherein: the intermediate member(4) includes an intermediate member body(6) extending in the boom width direction, a pair of connection parts(7) connected to opposite end parts of the intermediate member body(6) in the boom width direction, respectively, a pair of pins(9), see Fig 10, Exhibit B, to penetrate both the pair of connection parts(7) and the opposite end parts of the intermediate member body(6) to interconnect the pair of connection parts(7) and the opposite end parts of the intermediate member body(6), respectively, and a relative-displacement restraint part(8) provided for at least one of the pair of connection parts(7); the at least one first guyline(2) includes a pair of first guylines; the first intermediate connection end parts of the pair of first guylines(2) and the second intermediate connection end parts of the pair of second guylines(3) are connected to the pair of connection parts(7), respectively; the relative-displacement restraint part(8) restrains a corresponding connection part that corresponds to the relative-displacement restraint part between the pair of connection parts from inward relative displacement in the boom width direction see claim 2, to the intermediate member body(6) to thereby reduce an inward load in the boom width direction applied to the pin(9) corresponding to the corresponding connection part between the pair of connection parts(7) from the corresponding connection part.
Exhibit B
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19. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to utilize Tsuboi’s ((JP 3110703) crane, with a pair of pins to penetrate both the pair of connection parts(7) and the opposite end parts of the intermediate member body(6) and suppress inward load acting on the intermediate member(60) as taught by Koji(WO2024018913) to improve structural stability and reliability of the crane thereby avoiding accidents. See claim 5 “pair of pins in the boom width direction of crane that suppresses inward loads”.
20. Regarding Claim 6, Tsuboi discloses the crane with all the limitations of Claim 1.
Tsuboi does not explicitly disclose the crane wherein: the at least one first guyline includes a strut side part and an intermediate-member side part, being switchable between a first form in which the strut side part and the intermediate-member side part are interconnected in series and a second form in which the strut side part and the intermediate-member side part are separated from each other; in the first form, the strut and the intermediate member are interconnected through the strut side part and the intermediate-member side part that are interconnected; in the second form, the strut and the intermediate member are interconnected through the strut side part and the second guyline is connected to the intermediate member through the intermediate-member side part.
21. However, Koji(WO2024018913) disclose the crane wherein: the at least one first guyline(2) includes a strut side part(2a) and an intermediate-member side part(2b), being switchable between a first form, see Fig 11, in which the strut side part(2a) and the intermediate-member side part(2b) are interconnected in series and a second form in which the strut side part(2a) and the intermediate-member side part(2b) are separated from each other; in the first form, the strut(27) and the intermediate member(4) are interconnected through the strut side part(2a) and the intermediate-member side part(2b) that are interconnected; in the second form, the strut(27) and the intermediate member(4) are interconnected through the strut side part(2a) and the second guyline(3) is connected to the intermediate member(4) through the intermediate-member side part(2b). Koji(WO2024018913) teach that the strut side part(2a) and the intermediate-member side part(2b) are switchable between a first configuration where parts are interconnected in series and a second configuration where parts are separated from one another, see Fig 4.
22. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to utilize Tsuboi’s ((JP 3110703) crane, with the switchable strut side part(2a) and the intermediate-member side part(2b) between a first configuration where parts are interconnected in series and a second configuration where parts are separated from one another as taught by Koji(WO2024018913) to improve ease of use and reliability of the crane, thereby enhancing efficiency of the crane. See Fig 4.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL T KIO whose telephone number is (571)270-0743. The examiner can normally be reached Monday-Friday 8a.m -5 p.m..
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/MTK./Examiner, Art Unit 3654
/ROBERT W HODGE/Supervisory Patent Examiner, Art Unit 3654