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
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 10 and 13 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.
Regarding Claim 10 recites“…wherein support member is a beam or a tube of any cross-section, inside which is received at least a portion of the carriage…” its unclear what encompass any cross-section, it is indefinite and does not further narrow the claim language.
Regarding claim 13, the phrase "for example" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
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 1-14 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Gateau [US Pub # 2022/0243421].
Regarding claim 1: Gateau shows a construction equipment comprising at least one electric actuator (10.1, 10.2, 10.3) to generate a relative movement between a first element (82) and a second element (83) of the construction equipment, including at least: an electric motor (16) for driving a carriage (14) in translation according to a longitudinal axis; - a connecting rod (18) that is articulated at one end on the carriage (14) and that is articulated on the other end to the first element; - a guiding system (24) for guiding the carriage in translation parallel to the longitudinal axis; and - a support member (12) to which is fixed the guiding system, wherein two end fittings (18A, 18B) are provided respectively at the two longitudinal ends of the support member (12) and connect the support member (12) to the second element and wherein a first end fitting is configured so that said second element (83) can freely expand or contract along the longitudinal axis relative to the support member (12), and inversely.
Regarding claim 2: Gateau shows, wherein the first end fitting (18A) is connected to the support member and/or to said second element through a sliding connection along longitudinal axis (X12).
Regarding claim 3: Gateau shows wherein the first end fitting is also configured so that the support member can bend (R2), relative to said second element (83), around a first transversal axis perpendicular to the longitudinal axis (X12).
Regarding claim 4: Gateau shows wherein the first end fitting is connected to said second element (83) through a pivot connection around first transversal axis (T1, see markup fig 3) .
Regarding claim 5: Gateau shows wherein the first end fitting is also configured so that the second element (83) can bend relative to the support member (12) around a pivot axis perpendicular to the longitudinal axis (X12) and to the first transversal axis.
Regarding claim 6: Gateau shows wherein the first end fitting is connected to said second element (83) through a pivot connection or a sliding pivot connection about first transversal axis.
Regarding claim 7: Gateau shows, wherein the second end fitting is configured so that the support member can bend, relative to said second element (18B), around a second transversal axis (T2) perpendicular to the longitudinal axis.
Regarding claim 8: Gateau shows wherein the first end (18A) fitting is also configured so that the support member (12) can twist around a central axis thereof that is parallel to the longitudinal axis (X12).
Regarding claim 9: Gateau shows wherein the first end fitting (18A) is connected to the support member (12) through a sliding or pivot sliding connection about longitudinal axis (X12).
Regarding claim 10: Gateau shows wherein support member (12) is a beam or a tube of any cross-section, inside which is received at least a portion of the carriage (14, see fig 3).
Regarding claim 11: Gateau shows wherein support member is arranged inside some hollow part (80, see fig 3) of said second element.
Regarding claim 12: Gateau shows wherein the electric motor (16) is overhanging inside or outside said second element.
Regarding claim 13: Gateau shows wherein one of the end fittings, for example the second end fitting, is part of a body of the electric motor (16).
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 14 is rejected under 35 U.S.C. 103 as being unpatentable over Gateau [US Pub # 2022/0243421]. In view of Sato [WO 2006109612]
Regarding claim 14: Gateaudoes not explicitly show wherein said second element includes or is made of a truss or a moulded structure. However Sato shows teaches second element is made of a truss (see [0006]).
It would have been obvious to someone having ordinary skill in the art at the of the effective filling date to have second element to have truss to support the load and increase the durability of the assembly.
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Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. For example [US Pub # 2022/0090356] shows construction equipment with first ans second element and actuator (26C) with two ends controlling the first and second elements (5B, 5C) .
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZAKARIA ELAHMADI whose telephone number is (571)270-5324. The examiner can normally be reached on M-F 10-6 EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Minnah Seoh can be reached on 571-270-7778. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ZAKARIA ELAHMADI/
Examiner, Art Unit 3618
Prosecution Insights