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
Claims 5 and 12 are objected to because of the following informalities: claims 5 and 12 recite “forwardly direction” which appears to be a typo (adverb modifying noun). Correction is suggested to “forward direction”. 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.
Claims 12, 16, 17, and 19 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.
Claim 12 recites “the tire axis” which lacks proper antecedent basis in the claims.
Claim 16 recites “the portion” which lacks proper antecedent basis in the claims.
Claim 17 recites “the plane” which lacks proper antecedent basis in the claims.
Claim 19 recites “the push cylinder” which lacks proper antecedent basis in the claims.
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 1-8 and 10-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mott (US 3,830,388).
Consider claim 1. Mott teaches a tire handling apparatus adapted to grip, lift and move a tire in one or more directions, the apparatus comprising: an attachment frame (11) configured for attachment to a forklift or a front end loader or a prime mover, the attachment frame being movably disposed when attached to said forklift or front end loader; a tire handling frame (12) supported on said attachment frame, the tire handling frame comprising: two spaced apart articulated arms (12), each arm having proximal (13) and distal (16) arm portions whereby the proximal arm portion is proximately coupled to the attachment frame, said proximal and distal arm portions being arranged to effect sideways movement of the distal arm portions towards and away from each other (via 28); wherein each of said distal arm portions is attached to a respective tire retaining sub-assembly (21, 22, etc.) comprising an upper retainer (upper 21 in fig. 3) that is vertically spaced apart from a lower retainer (lower 21 in fig. 3) and wherein the upper and lower retainer are configured to simultaneously engage and retain a tire.
Consider claim 2. Mott teaches that the proximal and distal arm portions are pivotally connected to each other (at 18) to effect sideways movement of the distal arm portions towards and away from each other.
Consider claim 3. Mott teaches that each of said tire retaining sub-assembly comprises a tire retaining sub-frame (23) attached to a corresponding distal arm whereby the upper and lower retainers in each tire retaining sub-assembly are movably disposed relative to the tire retaining sub-frame.
Consider claim 4. Mott teaches that an in-use upper section of the tire retaining sub-frame is attached to the corresponding distal arm (see fig. 2).
Consider claim 5. Mott teaches that the upper and lower tire retainers in each of said respective tire retaining sub-assembly extend in a forward direction away from the tire retaining frame (see fig. 1).
Consider claim 6. Mott teaches that each of the upper and lower tire retainers comprises an elongate configuration (roller shape of 21).
Consider claim 7. Mott teaches that each of the upper and lower tire retainers comprises a cylindrical configuration (roller shape of 21).
Consider claim 8. Mott teaches that each of the upper retainers is mounted to the upper section of the tire retaining sub-frame by a mounting arrangement (16/23/22) to allow movement of the upper retainer into and out of a vertical plane of the lower retainer and simultaneously raising or lowering the upper retainer relative to the lower retainer (via pivot about 23; see column 2, lines 19-26).
Consider claim 10. Mott teaches an actuating arrangement (28) for actuating said movement of the upper retainer.
Consider claim 11. Mott teaches that each of the upper and lower retainers is generally elongate and extends between a proximal end (22 proximate 15) that is coupled to the tire retaining sub-frame and a distal end (22 opposite 15).
Consider claim 12. Mott teaches that the distal end of the upper and lower retainers comprises a rotatable stop member (29) that is configured to rotate in a clockwise or anticlockwise direction to engage with side walls of a tire retained by the respective tire retaining sub-assemblies (via 31) and prevent movement of the tire in a forward direction along the tire axis.
Consider claim 13. Mott teaches that movement of said articulated arms is effected by one or any combination of pneumatic or hydraulic cylinder, by electric or hydraulic motor or other actuation mechanisms (28).
Consider claim 14. Mott teaches that movement of the upper retainer is effected by any one or any combination of pneumatic or hydraulic cylinder, by electric motor or other actuation mechanisms (28).
Consider claim 15. Mott teaches that the proximal arm portion for each articulating arm is pivotally mounted to the attachment frame (see column 2, lines 49-54 and figs. 1 and 2).
Consider claim 16. Mott teaches that the attachment frame comprises a ring shaped configuration with an inner perimeter and an outer perimeter, wherein the inner perimeter defines a hollow volume that provides visibility therethrough for allowing one or more users to view a tire retained in the tire retaining sub-assembly and wherein the tire handling frame is attached to the portion of said attachment frame between the inner and outer perimeters (ring-shaped upright guides, see fig. 2).
Consider claim 17. Mott teaches that the tire retaining sub-assembly is pivotably attached to the articulated arm distal portion (at 23), wherein the tire retaining sub-assembly can rotate through a vertical plane largely perpendicular to the plane of the attachment frame (see figs. 1 and 3).
Consider claim 18. Mott teaches that each of said tire retaining sub-assembly further comprises a push cylinder assembly (31) arranged to apply a pushing force on a side wall of the tire retained in said tire retaining sub-assembly.
Consider claim 19. Mott teaches that the push cylinder assembly is located along a medial portion of the tire retaining sub-frame and wherein the push cylinder being movably attached to the medial portion of the tire retaining sub-frame (see fig. 1).
Allowable Subject Matter
Claim 9 is 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 attached PTO-892 lists references which teach various tire handling apparatuses.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN D SNELTING whose telephone number is (571)270-7015. The examiner can normally be reached Monday-Friday, 8:00-4:30 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Saul Rodriguez can be reached at (571)272-7097. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JONATHAN SNELTING/Primary Examiner, Art Unit 3652
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