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 Objections
Claim 2 is objected to because of the following informalities:
Claim 2 recites “wherein it has a rod body (6)”. The examiner suggests amending to --wherein it has a second rod body (6)--.
Appropriate correction is required.
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.
Claim(s) 5 and 10 is/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.
Claims 5 and 10 recite the limitation "the second rod body" in line 2. There is insufficient antecedent basis for this limitation in the claim. The second rod body is introduced in claim 2 which claim 3 is not dependent from. For the purposes of advancing prosecution, the examiner has construed the claims as best understood as being dependent upon claim 2 which recites the limitation of a second rod body which would provide proper antecedent basis for the claim limitation.
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, 3-4 and 9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chen US 2011/0006273.
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Chen discloses a jack comprising a first upper arm (230a upper), a second upper arm (230b upper), a first lower arm (230a lower), a second lower arm (230b lower) and a first rod body (240), wherein it is further provided with: a first pin shaft (232a) - the first upper arm (230a) and first lower arm (230a) are rotatably connected by the first pin shaft (232a); a second pin shaft (232b) - the second pin shaft (232b) has an internal chamber, the second upper arm (230b) and second lower arm (230b) are rotatably connected by the second pin shaft (232b), and the first rod body (240) is rotatably connected to the second pin shaft (232b); a locking component (250) - the locking component (2505) is set in the second pin shaft (232b) and can be connected (via 253) to the first rod body (240) through threads (fig. 7b) or to the first rod body (240) through sliding.
As for claim 3, Chen discloses wherein the locking component (250) has a first locking part (252a) and a second locking part (252b); the first rod body (240) is set between the first locking part (252a) and second locking part (252b), and the ends of the first locking part (252a) and second locking part (252b) near the first rod body (240) have threads (253) matching with those of the first rod body (240).
As for claim 4, Chen discloses wherein the first locking part (252a) is locked or fixedly connected to the second pin shaft (232b), and the second locking part (252b) is locked to the second pin shaft (232b).
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As for claim 9, Chen discloses wherein the jack is further provided with a jack-up head (not labeled, see annotated figure above) and a fitting body (220); the first upper arm (230a) and second upper arm (230b) are both rotatably connected to the jack-up head, and the fitting body is fixedly connected to the jack-up head.
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) 2 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen US 2011/0006273 in view of Tsang YS 2014/0374680.
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As for claim 2, Chen discloses all the limitations as recited above but does not specify a second rod body, the second rod body is rotatably connected to the first pin shaft and second pin shaft, and the locking component can be connected to the second rod body in a contact manner. However, Tsang teaches a jack having first and second arms (31, 32), a first rod body (7), and a first and second pin shaft (40, 50) wherein a second rod body (8) is rotatably connected to the first pin shaft (40) and the second pin shaft (50). It would have been obvious to one of ordinary skill in the art, before the effective filing date, to modify the jack of Chen to include a second rod body connected to the first and second pin shafts and locking component as taught by Tsang in order to provide an additional means for linearly guiding and stabilizing the jack as it is actuated from a raised and lowered position.
As for claim 7, the modified Chen teaches wherein the first pin shaft (232a) has a first through hole (not shown but formed to allow passage of rod 240, ¶0020), the second pin shaft (232b) has a second through hole (not shown but formed to allow passage of rod 240, ¶0020), and the second rod body (as taught by Tsang, 8) passes through the first through hole (not shown but formed to allow passage of rod 240, ¶0020) and second through hole (not shown but formed to allow passage of rod 240, ¶0020).
Allowable Subject Matter
Claims 6 and 8 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.
Claims 5 and 10 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.
The following is a statement of reasons for the indication of allowable subject matter: The claims recite specific structural limitations to the locking component (claims 6 and 8) and the second rod body (claims 5 and 10) which the closest prior art of record fails to disclose, teach or suggest alone or in combination.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TYRONE V HALL JR whose telephone number is (571)270-5948. The examiner can normally be reached Mon.-Fri. 7:30am-3:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Monica Carter can be reached at (571) 272-4475. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TYRONE V HALL JR/Primary Examiner, Art Unit 3723
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