DETAILED ACTION
This Office Action is in response to the application filed December 23, 2024. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Claims 1-13 are pending. Claims 1-13 stand rejected as set forth below.
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in the Kingdom of Spain on 1/2/2024. It is noted, however, that applicant has not filed a certified copy of the ESEP24382001.6 application as 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 self-driven crawler track of claim 12 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 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(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 12 is rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, regards as the invention.
Regarding claim 12, it is indefinite as it is unclear how each leg can have a self-driven crawler track when the claim is dependent on claim 10 which requires each leg to have at least one wheel. According to the specification the crawler tracks are alternative to the wheels, thus it is unclear what is required at the bottom of each leg.
Claim 12 rejected under 35 U.S.C. 112(d) as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Claim 12 fails to include all of the limitations of the claim upon which it depends because it includes a self-driven crawler track on each leg and claim 10 requires a wheel on each leg; wherein the specification describes these as alternate options. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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 1-6, 9 and 13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gong et al. (CN 107664041) (hereinafter Gong).
In regard to Claim 1, Gong discloses rebar carriage for the construction of concrete structures (Fig 1), comprising: a carriage displaceable along a construction site (Fig 1), and formed by a left-hand side vertical structure (1.12 on left), a right-hand side vertical structure (1.12 on right) and a horizontal structure (1.13) attached to the side vertical structures, such that the rebar carriage configures a passage in between the side vertical structures for the circulation of vehicles (Fig 1), a first pair of working platforms extending on a first plane (4.2 bottom left and bottom right), and wherein one working platform of the first pair is attached to the left-hand side vertical structure, and the other working platform of the first pair is attached to the right-hand side vertical structure, and wherein the working platforms of the first pair are extendable and retractable (Fig 1) (translation page 14, paragraph 2).
In regard to Claim 2, Gong discloses the rebar carriage as described above, wherein the first pair of working platforms extend on a first plane generally parallel to ground, and are extendable and retractable on a plane generally parallel to ground (Fig 1) (translation page 14, paragraph 2).
In regard to Claim 3, Gong discloses the rebar carriage as described above, further comprising a second pair of working platforms extending on a second plane (4.2 top left and top right) placed above the first plane and substantially parallel to the first plane, and wherein the working platforms of the second pair are extendable and retractable (Fig 1) (translation page 14, paragraph 2).
In regard to Claim 4, Gong discloses the rebar carriage as described above, wherein the second pair of working platforms extend on a second plane placed above the first plane and generally parallel to the first plane, and wherein the working platforms of the second pair are extendable and retractable on a plane generally parallel to ground (Fig 1) (translation page 14, paragraph 2).
In regard to Claim 5, Gong discloses the rebar carriage as described above, wherein the separation distance between the platforms of the first pair with respect to ground, is such that operators can stand and walk on the ground below the platforms of the first pair of platforms (Fig 1).
In regard to Claim 6, Gong discloses the rebar carriage as described above, wherein the separation distance between the first and the second pairs of platforms is such that operators can stand and walk on the platforms of the first pair of platforms (Fig 1).
In regard to Claim 9, Gong discloses the rebar carriage as described above, further comprising stairs communicating the working platforms of the first and second pair at the same side of the rebar carriage (Fig 1).
In regard to Claim 13, Gong discloses the rebar carriage as described above, wherein each working platform has an inner platform part permanently fixed to a corresponding side vertical structure, and a movable part supported by the fixed part and movable on the same plane than the fixed part (Fig 1) (translation page 14, paragraph 2).
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 7 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Gong as applied to claim 1 above, and further in view of Wang et al. (CN 211258648) (hereinafter Wang).
In regard to Claim 7, Gong discloses the rebar carriage as described above, but is silent as to how the platforms extend and retract. Wang teaches further comprising hydraulic cylinders to extend and retract each working platform individually [0068]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the extendable platform as disclosed by Gong to move individually with hydraulic cylinders as taught by Wang, in order to easily extend and retract each platform to its furthest extent along the tunnel.
In regard to Claim 8, Gong discloses the rebar carriage as described above, but does not specifically disclose guardrails at the perimeter of the platforms. Wang teaches each working platform is fitted with guardrails at their perimeter (Fig 1). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the platform as disclosed by Wang to include guardrails as taught by Wang, in order to prevent a person from falling from the platform as is well known in the art.
Claims 10-12 are rejected under 35 U.S.C. 103 as being unpatentable over Gong as applied to claim 1 above, and further in view of Saga (JP 54-162825).
In regard to Claim 10, Gong discloses the rebar carriage as described above, wherein the carriage has four legs, and moves but is silent as to how the movement takes place. Saga teaches the use of at least one wheel to allow the rebar carriage displacement [0002]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the legs as disclosed by Gong to include at least one wheel as taught by Saga, in order to easily transport the assembly as is well known in the art and desired by Gong.
In regard to Claim 11, Saga in the combination Gong in view of Saga discloses the rebar carriage as described above, wherein the wheels are driven wheels powered by hydraulic motors, which are suitable to move on railway tracks [0002].
In regard to Claim 12, as best understood by the examiner, Saga in the combination Gong in view of Saga discloses the rebar carriage as described above, wherein each leg has wheels suitable to move on tracks [0002], but does not specifically disclose a self-driven crawler track on each leg. The examiner takes Official Notice that crawler tracks on legs of movable heavy machinery are old and well known in the art in order to move over various terrain easily. Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to replace the wheels as taught by Saga with self-driving crawler tracks, in order to be able to easily move the apparatus over varying terrain more easily as is well known in the art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See list of references on PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Brian Mattei whose telephone number is (571)270-3238. The examiner can normally be reached Monday to Friday 8:00 to 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, Namrata Boveja can be reached at 571-272-8105. 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.
/BRIAN D MATTEI/Supervisory Patent Examiner, Art Unit 3635
Prosecution Insights