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 1 is objected to because of the following informalities: both “a support member” in line 8 and line 13 should be corrected as --[[a]]the support member--. Appropriate correction is required.
Claim 3 is objected to because of the following informalities: “a support member” in line 2 should be corrected as --[[a]]the support member--. 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 1-14 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 1: Claim 1 recites “a securement mechanism” in line 8. Claim 1 also recites “a self-adjusting securement mechanism” in line 1. The scope of the claim is indefinite because it is not clear whether “a securement mechanism” in line 8 refers to “a self-adjusting securement mechanism” or if they are separate and distinct from each other. For examination purposes, “a securement mechanism” in line 8 is interpreted as --[[a]]the self-adjusting securement mechanism--.
Claim 14: Claim 14 recites “a first direction” in line 2 and “a second direction” in line 3. It is noted that claim 13 (which upon claim 14 depends) recites “a first direction” and “a second direction”. The scope of the claim is indefinite because it is not clear whether “a first direction” and “a second direction” of claim 14 refers to “a first direction” and “a second direction” of claim 13 respectively or if they are distinct and separate from each other. For examination purposes, “a first direction” and “a second direction” are interpreted as --[[a]]the first direction-- and --[[a]]the section direction-- respectively.
Claims 2-13 are rejected as being dependent upon a rejected base claim.
Claim Rejections - 35 USC § 103
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 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) 1-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Early (0,721,681) in view of Anstett (US 8,434,738 B1).
Regarding claim 1¸ Early (‘681) discloses a jack (fig1) with a self-adjusting securement mechanism 9,10,11 (figs1,3, pg1 lines38-46) which automatically adjusts to a thickness dimension of a support member 6 (pg1 line28, fig1) and which secures the jack to the support member 6 as force is applied by the jack (pg1 lines51-57), the jack comprising:
a base 5 (pg1 lines26-27) having first and second sides (fig1) and a length defining an axis (fig1);
a drive mechanism (pg1 lines58-62) to apply a pushing force; and
the self-adjusting securement mechanism 9,10,11 which clamps the jack to the support member 6, the securement mechanism 9,10,11 having a pair of independent pivotable jaws 9 (pg1 line38) with generally facing gripping surfaces 10 (pg1 lines42-43), each jaw 9 being eccentrically pivotably (pg1 line39, “pivoted”) mounted along the second side of the base 5 on a pivot axis (fig3) approximately equidistant from the base axis (fig1) and being biased to pivot so as to swing each gripping surface 10 toward the other, thereby self-adjusting the jaws 9 to the thickness of the support member 6 when between the jaws 9 and clamping the jack to the support member 6 as the pushing force is applied by the jack (pg1 lines51-57).
However, Early does not explicitly disclose a use of a ram extendable from the first side of the base along the base axis and the drive mechanism is a ram-drive mechanism in power-transmission relationship with the ram operative to extend the ram to apply a pushing force.
Anstett (‘738) teaches a use of a jack using a ram 33 (fig1, col.4 line65) comprising a bar (fig1) extendable from a base 29 (fig1) along a base axis 30 (fig1), and a ram-drive mechanism 34 (fig1, col.4 line66) including a rack 35 (col.5 line3), a pinion gear 39 (col.5 line4), a pinion gear 39 (col.5 line4) meshed with the rack 35, a lever 41 (col.5 line5) which powers pinion gear rotation, and a one-way clutch 84 (col.6 line57) which enables the lever 41 to power pinion gear rotation in one direction to extend the ram 33 (col.7 lines4-11) in power-transmission relationship with the ram 33 operative to extend the ram 33 to apply a pushing force (col.4 line66-col.5 line6). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Early to use a ram and a ram-drive mechanism, as taught by Anstett, to provide more accurate drive.
Regarding claim 2¸ the combination of Early and Anstett teaches the jack of claim 1. Early further discloses wherein each jaw 9 pivots bidirectionally in first and, alternatively second directions (towards and away) to swing the gripping surfaces 10 toward or away from the other.
Regarding claim 3¸ the combination of Early and Anstett teaches the jack of claim 2. Early further discloses wherein each jaw 9 pivots the gripping surface 10 toward the other until stopped by contact with the support member 6 therebetween (pg1 lines52-57).
Regarding claim 4¸ the combination of Early and Anstett teaches the jack of claim 3. Early further discloses wherein each jaw 9 is a cam (figs1,3).
Regarding claim 5, the combination of Early and Anstett teaches the jack of claim 3. Early further discloses wherein each jaw 9 is biased to pivot by a spring 11 (pg1 lines40-41).
Regarding claim 6¸ the combination of Early and Anstett teaches the jack of claim 5. Early further discloses wherein the spring 11 is a torsion spring (fig3).
Regarding claim 7¸ the combination of Early and Anstett teaches the jack of claim 2. Early further discloses wherein each gripping surface 10 is curved (fig3).
Regarding claim 8, the combination of Early and Anstett teaches the jack of claim 7. Early further discloses wherein each gripping surface 10 includes a plurality of projections (fig3, pg1 lines42-43, “serrated”).
Regarding claim 9¸ the combination of Early and Anstett teaches the jack of claim 8. Early further discloses wherein the projections are teeth (fig3).
Regarding claim 10¸ the combination of Early and Anstett teaches the jack of claim 8. Early further discloses wherein a clamping force applied by the jaws 9 to the support member 6 increases as the pushing force applied by the jack increases (pg1 lines51-57).
Regarding claim 11¸ the combination of Early and Anstett teaches the jack of claim 8, wherein the ram (taught by Anstett) comprises: the bar (fig1 of Anstett) having a distal end; and a pusher (17- Early, 95 - Anstett) attached to the bar distal end.
Regarding claim 12¸ the combination of Early and Anstett teaches the jack of claim 11. As aforementioned, Anstett teaches wherein the ram-drive mechanism 34 comprises the rack 35 along the bar, the pinion gear 39 meshed with the rack 35, the lever 41 which powers pinion gear rotation, and the one-way clutch 84 which enables the lever 41 to power pinion gear rotation in one direction to extend the ram 33.
Regarding claim 13¸ the combination of Early and Anstett teaches the jack of claim 12 wherein operation of the lever in a first direction (towards the pusher) powers extension of the ram and operation of the lever fully in a second direction (away from the pusher) releases the jaws from the support member.
Regarding claim 14¸ the combination of Early and Anstett teaches the jack of claim 13. Anstett teaches wherein the ram-drive mechanism 34 further comprises: a pawl 87a,87b (col.7 line6) which allows pinion gear rotation in the first direction to extend the ram 33 and which engages the pinion gear 39 to limit rotation in the second direction to maintain the force (col.7 lines1-11); and a surface associated with the lever 41 which contacts and releases the pawl 87a,87b from the pinion gear 39, whereby release of the pawl 37a,37b with the ram 33 applying force causes the base to move sufficiently to release the jaws from the support member (col.7 lines12-25). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Early to use a pawl and a surface associated with the lever as taught by Anstett, for the purpose of providing an engagement and a release between a ram and a ram-drive mechanism.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Vandenberg (US 9,932,744 B2), Ellison (US 6,616,132 B1), Fischer (5,456,053), Temple (5,139,231), and Mansir (2,351,691) teach similar jacks.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Seahee Hong whose telephone number is (571)270-5778. The examiner can normally be reached M-Th 8am-4pm ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Keller can be reached at (571) 272-8548. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SEAHEE HONG/ Primary Examiner, Art Unit 3723
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