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 § 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) 1-9 and 12-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Futamura (US 2007/0221450 A1). Futamura discloses a mast for a material handling vehicle (fig. 1), the mast comprising:
Re claim 1, an outer mast (2) extending between a lower end and an upper end, the outer mast including outer mast rails (rails on either side of 2) that each extend between the lower end and the upper end of the outer mast; an inner mast (7) disposed within and translatable relative to the outer mast; mast supports (4,5) configured to couple the mast to a material handling vehicle (par [0016]), each of the mast supports coupled to a respective one of the outer mast rails at the lower end of the outer mast (fig. 2) and defining a portion of an axle mount (axle mounted into 4c); lift cylinders (3; par [0015] discloses a pair of lift cylinders) coupled to the outer mast and the inner mast such that actuation of the lift cylinders translates the inner mast relative to the outer mast (par [0015]), each of the lift cylinders including: a cylinder body (cylindrical body of 3) extending between a lower end and an upper end; a protrusion (3a) extending from the lower end of the cylinder body (par [0019]), the protrusion having a maximum transverse dimension that is less than a maximum transverse dimension of the cylinder body (by inspection of figs. 2-3, 3a to be inserted into hole 5c has a maximum transverse dimension smaller than that of a maximum transverse dimension of 3; fig. 4 further shows the hole 5c is smaller than the body of 3); and a rod (fig. 1 shows a rod extending above 3) that is extendable from the upper end of the cylinder body in response to actuation of the lift cylinder; wherein the rod is coupled to the inner mast (par [0020]); and lift cylinder mounts (5b), each: coupled to an upper surface (5b is coupled to the upper surface of 5a of the mast support) of a respective one of the mast supports (fig. 2: coupled via 5a); and defining an opening (5c) into which the protrusion of a respective one of the lift cylinders is received.
Re claim 2, wherein, for each of the lift cylinder mounts, the cylinder body of the respective lift cylinder is disposed closer to the respective outer mast rail to which the respective mast support is coupled than is the lift cylinder mount (fig. 3).
Re claim 3, wherein, for each of the lift cylinder mounts, no portion of the lift cylinder mount is disposed between the cylinder body of the respective lift cylinder and the respective outer mast rail to which the respective mast support is coupled (fig. 3).
Re claim 4, wherein, for each of the lift cylinder mounts, no portion of the lift cylinder mount extends above the protrusion of the respective lift cylinder (fig. 2-3).
Re claim 5, wherein each of the lift cylinder mounts has a width that is .9 or less times a maximum transverse dimension of the cylinder body of the respective lift cylinder (fig. 3 shows the claimed width).
Re claim 6, wherein each of the lift cylinder mounts is coupled to the upper surface of the respective mast support such that the lift cylinder mount extends completely across the upper surface between opposing sides of the mast support (fig. 2: 5b is shown extending across upper surface of 5a).
Re claim 7, wherein each of the lift cylinder mounts comprises a substantially constant thickness (fig. 2).
Re claim 8, wherein each of the lift cylinder mounts comprises a plate that defines the opening (5b is shown as plate-like and defines 5c therein).
Re claim 9, wherein, for each of the lift cylinders, a maximum transverse dimension of the protrusion is .5 or less times a maximum transverse dimension of the cylinder body (fig. 4 shows the hole for receiving the protrusion, the hole is .5 or less times a maximum transverse dimension of the cylinder body 3 therefore the protrusion would also be .5 or less times a maximum transverse dimension of the cylinder body).
Re claim 12, wherein, for each of the mast supports, the portion of the mast support coupled to the respective outer mast rail has a substantially constant thickness (fig. 2: portion 4a has a constant thickness).
Re claim 13, wherein each of the mast supports has a substantially constant thickness (fig. 2).
Re claim 14, wherein each of the mast supports comprises a plate (5a) that defines the upper surface to which the respective lift cylinder mount is coupled and the portion (4a) of the axle mount.
Re claim 15, comprising: a brace (6) extending between the outer mast rails of the outer mast at the lower end of the outer mast; wherein each of the mast supports is coupled to the brace (fig. 4).
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) 10-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Futamura (US 2007/0221450 A1) in view of Brown et al. (US 5,000,293). Futamura discloses the mast (as cited above). Futamura does not disclose:
Re claim 10, wherein each of the lift cylinders includes a fitting coupled to the lower end of the cylinder body through which fluid is permitted to flow into and out of the cylinder body.
Re claim 11, wherein, for each of the mast supports, no portion of the mast support extends above the protrusion of the respective lift cylinder to which the mast support is coupled via the respective lift cylinder mount.
However, Brown teaches a mast assembly:
Re claim 10, wherein each of the lift cylinders includes a fitting (90) coupled to the lower end of the cylinder body (70) through which fluid is permitted to flow into and out of the cylinder body.
Re claim 11, wherein, for each of the mast supports (fig. 17: 234), no portion of the mast support extends above the protrusion of the respective lift cylinder to which the mast support is coupled via the respective lift cylinder mount (232).
It would have been obvious to person having ordinary skill in the art before the effective filing date of the claimed invention to employ a fitting at the lower end of the cylinder body, as taught by Brown, be able to inject hydraulic fluid into the cylinder without interfering with the piston. Arranging the mast support to be lower than the protrusion, as taught by Brown, to minimize interference from the mast support and allow the cylinder to be larger for increased strength.
Allowable Subject Matter
Claims 16-19 and 21 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.
Response to Arguments
Applicant's arguments filed 5/19/2026 have been fully considered but they are not persuasive.
On pages 6-8 of the Remarks, Applicant argues Futamura’s upper surface 5a is not part of mast support 4; upper surface 5a is one of two parts of cylinder support 5. Examiner respectfully disagrees. Futamura fig. 2 discloses a mast support at 4 and 5. Fig. 2 shows element 5a is an integral part of, and stemming from, element 4. Collectively, elements 4 and 5a are construed as a mast support. The claims do not preclude element 5a from being part of the mast support.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MINH D TRUONG whose telephone number is (571)270-3014. The examiner can normally be reached M-F 9-5 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert Hodge can be reached at (571) 272-2097. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Minh Truong/Primary Examiner, Art Unit 3654
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