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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the motor of claim 1, the means of temporary attachment of claim 3, the magnet of claim 3, and the vacuum pump of claim 5, must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 2 and 3 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. The specification does not disclose how or where the attachment means (109) of figure 2 attach the package picking unit to the elevating platform. Further in claim 3, the specification and figures do not show or disclose how either of the magnetic or flexible attachment means attach the stiff body (103) to the package picking unit (100).
Claim Objections
Claims 1-5 are objected to because of the following informalities:
“characterised” should read “characterized”.
The “stiff body” of claim 3 should read “stiff hose”
Appropriate correction is required.
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.
Claims 1, 2, 4, and 5, are rejected under 35 U.S.C. 103 as being unpatentable over Tawi – mobile order picker demonstration video in view of Keenan (US 5119843).
Regarding claim 1, Tawi teaches, a Mobile elevating platform,
comprising a base chassis (base of forklift) comprising a motor and a vertical lifting system (electric motor for lifting),
said chassis having a lifting platform (forks serve as lifting platform,
an operator station (platform where operator is standing) ,
controls (steering console),
a frame (raised frame for forklift tines),
and one or more surfaces for temporary support (fork arms);
characterized in that it also includes a vacuum pump (pump disposed in order picker), connected to a package picking unit (order picker) comprising a suction cup (end unit that grasps box) having a hole axially aligned with a stiff hose (metal pipe unit attached to suction cup serves as stiff hose);
said suction cup is connected through a joint (connecting mechanism between suction cup and stiff hose) to said stiff hose (yellow pipe member) ending with a handle including a button (user grips handle to lift packages);
said handle is connected to a flexible hose (handle attaches to flexible moveable hose),
wherein said button activates said vacuum pump (buttons and hand rails on handle to operate suction mechanism) sucking air from the hole of said suction cup.
Tawi fails to teach,
That the flexible hose is wound in a hose reel.
However, Keenan teaches,
that the flexible hose (22) is wound in a hose reel (16).
Tawi and Keenan are considered to be analogous to the claimed invention because they are both in the field of article handling, and vacuum apparatuses. Therefore, it would have been obvious for someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Tawi’s mobile order picking unit to include the reel mechanism taught by Keenan to increase the reach and usable range of the suction lifting mechanism.
Regarding claim 2, Tawi teaches, Mobile elevating platform according to claim 1,
characterized in that said package picking unit also includes attachment means, suitable for attaching said unit to said mobile elevating platform (Package picking unit attaches slidably to mobile elevating platform’s forks).
Regarding claim 4, Tawi teaches, Mobile elevating platform according to claim 1,
characterized in that said joint is spherical (joint connecting suction cup to stiff pipe Is circular and spherical)
Tawi fails to teach,
That the flexible hose is equipped with a stop
Keenan teaches,
and the flexible hose is equipped with a stop (ratchet mechanism serves as stop for winding/unwinding).
Tawi and Keenan are considered to be analogous to the claimed invention because they are both in the field of article handling. Therefore, it would have been obvious for someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Tawi’s mobile order picking unit to include the reel and stop taught by Keenan, doing so prevents the reel from over winding or underwinding and keeps the hose from exerting a constant force to rewind itself.
Regarding claim 5, Tawi teaches, the Mobile elevating platform according to claims 1,
characterized in that said vacuum pump is integrated in said base chassis (when mounted – vacuum pump system is integrated into chassis).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Tawi – mobile order picker demonstration video in view of Keenan (US 5119843) as applied to claims 1, 2, 4, and 5 above, and further in view of Hurley (US 11938613 B2).
Regarding claim 3, Tawi and Keenan fail to teach, that Mobile elevating platform according to claim 2,
characterized in that the frame and the surfaces for temporary support and the stiff body of the package picking unit are equipped with means of temporary attachment, chosen between means of magnetic temporary attachment or flexible elements
However, Hurley teaches,
Including magnetic temporary attachment means (12) to for the stiff body and the package
picking unit (fig. 1 – shows tools (14) temporarily mounted on magnetic attachment means (12))
Tawi, Keenan and Hurley are considered to be analogous to the claimed invention because they are all in the field of article handling and organizing technologies. Therefore, it would have been obvious for someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Tawi’s mobile order picking unit and the reel taught by Keenan to include the magnetic temporary attachment means taught by Hurley. Doing provides a fastening point for the stiff hose, allowing the unit to travel faster without damaging the hose.
Conclusion
The prior art made of record but not relied upon is considered pertinent to the applicant’s disclosure
Juergen (US 20220144610 A1) - discloses an industrial truck with a suction mechanism for raising loads.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUAN SALVADOR MOSCOSO whose telephone number is (571)272-8604. The examiner can normally be reached 7:30-5:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/SAUL RODRIGUEZ/ Supervisory Patent Examiner, Art Unit 3652
/J.S.M./ Examiner, Art Unit 3652
Prosecution Insights