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
Claim 7 is 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.
The following claim is vague, indefinite, awkwardly, confusingly worded and/or lacking proper antecedent basis:
“a second pair of fork pockets” is recited in claim 7 but “a first pair of fork pockets” is not mentioned in claim 1. So proper antecedent basis has not been established. It is noted the claim 7 should depend from claim 6 which has a first pair of fork pockets.
Claim Rejections - 35 USC § 102
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.
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) 1-2,6, 8, 16-17, and 20 is/are rejected under 35 U.S.C. 102(a1) as being anticipated by Earle et al 12539596.
Earle et al disclose the claimed invention as recited in the claims as shown below:
1. A device for holding construction equipment, the device comprising:
a main body frame having a first side 128, a second side 122, and a locator (the opening between 131 and 180) disposed between the first and the second sides, the locator defining an opening (the opening between 131 and 180), wherein the locator is configured to receive at least a portion of the construction equipment;
a removable brace 131 removably secured to the main body frame for securing the construction equipment within the device; and
a base 116 extending from the main body frame such that the base is perpendicular to a longitudinal axis of the main body frame.
2. The device of claim 1, wherein the removable brace is secured to the main body frame via one or more clevis pins 160.
6. The device of claim 1, wherein the first set of braces defines a first pair of fork pockets 140 configured to receive forks of a forklift for moving the device.
8. The device of claim 1, wherein the locator includes an L-shaped bracket 180 extending between the first and the second sides.
16. A device for transporting or storing a hydraulic hammer having a hammer tool and hammer hoses, the device comprising:
a main body frame 122 & 128 having a locator disposed within the main body frame, the locator defining an opening configured to receive at least a portion of the hammer tool;
a base 116 extending from the main body frame; and
a hose protector and/or a tie-down ring (area between 116 and 118 which is a hollow area) attached the main body frame, the hose holder configured to receive the hammer hoses.
17. The device of claim 16, further comprising a hammer brace 180 no specific structure requried removably secured to the main body frame.
20. The device of claim 16, wherein the main frame includes a cross-member 150 upper bar extending between a first side and a second side of the main body frame.
Claim(s) 1-7, 9-17, and 20 is/are rejected under 35 U.S.C. 102(a1) as being anticipated by Claussen 2011/0127178 A1.
Claussen discloses the claimed invention as recited in the claims as shown below:
1. A device for holding construction equipment, the device comprising:
a main body frame 150 having a first side 112, a second side 114, and a locator Opening on both sides of element 157 disposed between the first and the second sides, the locator defining an opening, wherein the locator is configured to receive at least a portion of the construction equipment;
a removable brace 180 removably secured to the main body frame for securing the construction equipment within the device; and
a base 158, 158 extending from the main body frame such that the base is perpendicular to a longitudinal axis of the main body frame.
2. The device of claim 1, wherein the removable brace 180 is secured to the main body frame via one or more clevis pins plate on 180 having at least 8 pins.
3. The device of claim 1, wherein at least one of the first and the second sides has a Z-shaped reinforcement with a cross-member.See Fig.2 below
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4. The device of claim 1, further comprising a first set of braces 150 and a second set of braces 156, the first set of braces disposed between the main body frame and the base, and the second set of braces disposed between the locator and the base.
5. The device of claim 4, further comprising a set of bars positioned between the locator and the second set of braces and tie-down rings extending from the main body frame.See Fig.2
6. The device of claim 1, wherein the first set of braces defines a first pair of fork pockets configured to receive forks of a forklift for moving the device. See Fig.2 below
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The device of claim 1, further comprising a second pair of fork pockets disposed on the main body frame configured to receive forks of a forklift for moving the device, wherein the second pair of fork pockets extend from the first side to the second side of the main body frame.
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9. A device for transporting or storing a hydraulic hammer, the device comprising: a main body frame158,158 having a locator Opening on both sides of element 157 disposed within the main body frame, the locator defining an opening configured to receive at least a portion of the hydraulic hammer;
a hammer brace Opening on both sides of element 157 attached to the main body frame;
a base 158,158 fixed to the main body frame; and
a first set of braces 150,150 and a second set of braces 156,156, the first set of braces disposed between the main body frame and the base, and the second set of braces disposed perpendicular to the first set of braces along a side of the main body frame, wherein the at least one of the first and the second set of braces defines a first pair of fork pockets.
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10. The device of claim 9, wherein the second set of braces defines a second pair of fork pockets.
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11. The device of claim 9, wherein the second pair of fork pockets are positioned in a center of gravity when the hammer is placed in the device. See Fig.2
12. The device of claim 9, wherein the hammer brace is attached closer to a first end of the main body frame than the base. See Fig.2
13. The device of claim 12, wherein the base is fixed to a second end of the main body frame, the second end being opposite of the first end. See Fig.2
14. The device of claim 9, further comprising a third set of braces disposed between the first set of braces.
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15. The device of claim 9, wherein the hammer brace is removably attached to a Z- shaped reinforcement of the main body frame.
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16. A device for transporting or storing a hydraulic hammer having a hammer tool and hammer hoses, the device comprising:
a main body frame 112 & 114 having a locator disposed within the main body frame, the locator defining an opening configured to receive at least a portion of the hammer tool;
a base 158, 158 extending from the main body frame; and
a hose protector and/or a tie-down ring 102 attached the main body frame, the hose holder configured to receive the hammer hoses.
17. The device of claim 16, further comprising a hammer brace 180 no specific structure requried removably secured to the main body frame.
20. The device of claim 16, wherein the main frame includes a cross-member 150 upper bar extending between a first side and a second side of the main body frame.
Allowable Subject Matter
Claims 18-19 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The 892 form discloses prior art being made of record.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LEE D WILSON whose telephone number is (571)272-4499. The examiner can normally be reached M-TH 6;30-4;30.
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LEE D. WILSON
Examiner
Art Unit 3723
Ldw
/LEE D WILSON/Primary Examiner, Art Unit 3723 July 19, 2026
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