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 .
Drawings
The drawings are objected to because: Fig. 10A contains a typographical error in spelling “LYFTING”. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: a flange and a structural web as noted in claim 20 lack antecedent basis in the specification.
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 3, 16 and 17 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 3 recites “base comprises a structural angle.” It is unclear if “base” refers to the base previously defined in claim 2 or to yet another base.
Claims 16 and 17 do not end with a period; therefore, the complete scope of the claim cannot be ascertained.
Claim 16 also appears to contain conflicting scope in first defining “a plurality of outer adjustment holes through the outer post” and also defining “at least one outer adjustment holes through the outer post.”
Claim 16 recites “a plurality of inner adjustment holes through the inner post” and then recites “Inner adjustment holes through inner post.” It is unclear whether the recitation of “Inner adjustment holes through inner post” refer to the same as or different than the plurality of inner adjustment holes through the inner post.
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, 2, 4-10, 16, 17, 19, and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent No. 4,899,497 to Madl, Jr. (“Madl”).
Regarding claim 1, Madl discloses an apparatus (Fig. 3 and Fig. 20), comprising: an inner post 60 extending from a ground side toward a structure side; an outer post 62 arranged over at least a portion of the inner post, wherein the outer post 60 is configured to move along the inner post between the ground side and structure side; a lifting plate 70 disposed on a ground side end of the outer post; and a bracket 72/74 or 240 configured to engage with a structure when the apparatus is supporting at least a portion of the structure.
Regarding claim 2, Madl discloses a base 42 operatively coupled with the inner post 60, wherein the base 42 is disposed toward the ground side.
Regarding claim 4, Madl discloses a platform 40 arranged beneath the base 42.
Regarding claim 5, Madl discloses a bracing 236 coupled with the lifting plate and extending toward the structure side.
Regarding claim 6, Madl discloses that the bracket 240 is coupled with the bracing 236 at the structure side of the bracing (see Fig. 20).
Regarding claim 7, Madl discloses a second bracket (other 240) arranged on a structure side end of the outer post.
Regarding claim 8, Madl discloses a bracing connection point 238 on the lifting plate, wherein the bracing 236 is coupled with the lifting plate at the bracing connection point.
Regarding claim 9, Madl discloses that the bracing connection point permits rotation of the bracing about the brace connection point (when bolt 71 is loose).
Regarding claim 10, Madl discloses the bracing can be fixedly attached to the bracing connection point such that the bracing cannot rotate (via tightening of bolt 71).
Regarding claim 16, Madl discloses a plurality of outer adjustment holes 64 through the outer post; a plurality of inner adjustment holes 64 through the inner post; and at least one outer adjustment holes through outer post and inner adjustment holes through inner post configured to align with the outer adjustment holes.
Regarding claim 17, Madl discloses a lifting attachment point 73 on the lifting plate 70.
Regarding claim 19, Madl discloses that the lifting plate 70 comprises two or more discrete flanges 70.
Regarding claim 20, Madl discloses that the lifting plate 70 comprises a flange (two parallel opposed flanges where 73 is located) and a structural web (member of 70 that abuts 62 and connects the opposed flanges).
Claim(s) 1, 11, and 12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Publication No. 2011/0088336 to Larsen (“Larsen”).
Regarding claim 1, Larsen discloses an apparatus (Figs. 1, 4-5), comprising: an inner post 40 extending from a ground side toward a structure side; an outer post 26 arranged over at least a portion of the inner post, wherein the outer post 26 is configured to move along the inner post between the ground side and structure side; a lifting plate 32 disposed on a ground side end of the outer post 26; and a bracket 22/14 (see Fig. 1) configured to engage with a structure when the apparatus is supporting at least a portion of the structure.
Regarding claim 11, Larsen discloses a lifting apparatus 42 configured to raise and lower the outer post by applying a force to the lifting plate.
Regarding claim 12, Larsen discloses that the lifting apparatus is a bottle jack 42 (par 0019).
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) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Madl in view of U.S. Patent No. 6,863,253 to Valentz et al. (“Valentz”).
Regarding claim 3, Madl does not disclose that the base 42 comprises a structural angle having connection points configured to align with connection points a ground side end of the inner post.
Valentz in Fig. 3a discloses a support apparatus comprising a base (Valentz 10) comprises a structural angle (Valentz 200) having connection points (where fasteners 214/216 of Valentz are inserted) configured to align with connection points (openings in 102 through which 216 extends) a ground side end of the inner post allowing for adjustment.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the structure of Madl to have the base include a structural angle having connection points configured to align with connection points a ground side end of the inner post taught in Valentz with a reasonable expectation of success because it would predictably allow for adjustment for uneven surfaces.
Claim(s) 11 and 13-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Madl in view of U.S. Publication No. 2021/0131054 to White (“White”).
Regarding claims 11 and 13-15, Madl does not disclose a lifting apparatus configured to raise and lower the outer post by applying a force to the lifting plate, wherein the lifting apparatus is a screw jack assembly that includes a lifting member and a drive, wherein turning of the drive raises and lowers the lifting member.
White discloses a support apparatus including a lifting apparatus (White 80) configured to raise and lower the outer post by applying a force to a lifting plate (White 16), wherein the lifting apparatus is a screw jack assembly (White 80) that includes a lifting member (White 82) and a drive (White 86) , wherein turning of the drive raises and lowers the lifting member (White, par 0040).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the apparatus of Madl to a lifting apparatus configured to raise and lower the outer post by applying a force to the lifting plate, wherein the lifting apparatus is a screw jack assembly that includes a lifting member and a drive, wherein turning of the drive raises and lowers the lifting member as taught in White with a reasonable expectation of success because it would predictably allow for leveling of the structure relative to the ground.
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Madl.
Regarding claim 18, Madl does not disclose that the lifting plate extends outward from the outer post around the entire outer post. It has been held that a mere duplication of parts, such as the duplication of the lifting plate 70 such that it extends around the entire outer post, has no patentable significance unless a new and unexpected result is produced. A duplication of parts is generally recognized as being within the level of ordinary skill in the art. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1955). Addition lifting plates 70 would allow for more points of contact or connection to various components around the post.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTINE T CAJILIG whose telephone number is (571)272-8143. The examiner can normally be reached M-F 9am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Glessner can be reached at 571-272-6754. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTINE T CAJILIG/ Primary Examiner, Art Unit 3633
