Notice of Pre-AIA or AIA Status
1. 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.
2. Claims 1-24 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.
3. Claim 1 recites “in particular a crane” and “in particular synchronously” It is not clear whether a crane is an exemplary species of a broader structure, which raises questions about whether the scope is limited to the broad or the narrow, accordingly the metes and bounds of the subject matter cannot be reasonably determined.
5. Claims 3-7, 9, 11, 13-14, 16, 20-21, 23 recites the term “preferably”, “in particular” and “optional”, rendering the scope of the claims unclear, and are therefore indefinite, accordingly the metes and bounds of the subject matter cannot be reasonably determined.
Claim 3 recites “preferably all side surfaces of the third telescopic section”
Claim 4 recites “preferably the chain, the belt, and /or the rope is elastically deformable”
Claim 5 recites “preferably at least two deflection rollers” Claim 6 recites “preferably a profile or profile tube”
Claim 7 recites “preferably located closer to a front side of the second telescopic section” and preferably arranged on atleast one optionally present fastening device”
Claim 9 recites “preferably provided that the first fixing point is designed as a bolt connection”
Claim 10 recites “optionally present deflection roller”
Claim 11 recites “preferably detachably, via at least one fastening means”
Claim 13 recites “preferably from a front side of the third telescopic section”, “preferably hydraulically, and/or atleast one magnetic connection” and “preferably from a front side of the third telescopic section or electromagnetically”
Claim 14 recites “preferably a rear wall of the first telescopic section”
Claim 16 recites “optionally present other drive device is designed as a hydraulic cylinder unit” and “preferably the atleast one drive unit is arranged on an outer side of the second telescopic section”
Claim 20 recites “preferably driven, chain wheel is arranged on the atleast one synchronizing device”
Claim 21 recites “in particular a crane or mobile crane”
Claim 23 recites “in particular hydraulic, drive device”
9. Claims 2 recites “relative to at least one other telescopic section”, however it is unclear if the “at least one other” includes the second and third or if it’s an additional telescopic section (which would then require at least four), accordingly the metes and bounds of the subject matter cannot be reasonably determined.
10. Claim 4 recites “at least one synchronizing device is designed in the form of a chain, a belt, and/or a rope”. The use of “and/or” requires that all iterations or combination are supported. It’s unclear how the chain, belt and rope (or any combination thereof) exist simultaneously, accordingly the metes and bounds of the subject matter cannot be reasonably determined.
12. Claim 7 recites “a deflection roller” as well as a dependency on claim 5 which recites “at least one deflection roller”. This creates a question as to if the deflection roller of claim 7 is part of the “at least one” recited in claim 5, or separate (which impacts which limitations the deflection roller of claim 7 requires) and therefore the claim scope is unclear, accordingly the metes and bounds of the subject matter cannot be reasonably determined.
11. Claim 8 recites “the at least one chain tensioner is designed in the form of… a plug connection.” A “plug connection” is not a standard term of art within the chain tensioner technology, and the specification does not appear to provide any figures or discussion of this feature, therefore it is unclear what the scope of the structural imparted by the claim, accordingly the metes and bounds of the subject matter cannot be reasonably determined.
13. Claim 10 recites “the first fixing point… is arranged… and/or in the region of an optionally present deflection roller” since the deflection roller is recited as optional, it’s unclear what region this would impart, in particular, if the deflection roller is required to be present for the limitation to be met, or if a region in which a deflection roller is capable of being present is sufficient to read on the limitation, and therefore the claim scope is unclear, accordingly the metes and bounds of the subject matter cannot be reasonably determined.
14. Claim 12 recites “in a region of one of the two deflection rollers” however, no deflection rollers are recited in the claim or its parent claim therefore the claim scope is unclear, accordingly the metes and bounds of the subject matter cannot be reasonably determined.
15. Claim 15 recites a dependency on claim 6. It also recites “the at least one holding element” which doesn’t have an antecedent basis in the claim dependency therefore the claim scope is unclear, accordingly the metes and bounds of the subject matter cannot be reasonably determined.
16. Claim 16 recites “and/or at least one optionally present other drive device” this is confusing as “and/or” already makes the second bit optional and to recite “at least one optionally present drive device”, if there are no drive device (because it’s optional) what scope does the second option have? Therefore the claim scope is unclear, accordingly the metes and bounds of the subject matter cannot be reasonably.
17. As to Claim 24, recites “preferably via at least one fastening means(51), and the second telescopic(3) section is optionally movement-coupled to the third telescopic section(4), preferably by at least one fastening means(51) such that during a translational movement of the second telescopic section, the third telescopic section is moved together with the second telescopic section relative to the first telescopic section”. The term preferably via at least one fastening means(51) and the second telescopic section(3) followed with optionally movement -coupled to the third telescopic section(4) renders the scope of this claim unclear; it indicates that the recited fastening means is optional, accordingly the metes and bounds of the subject matter cannot be reasonably determined.
Claims 17-19 are rejected by virtue of their dependency on a rejected claim.
Claim Rejections - 35 USC § 102
18. 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.
19. 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 –
20. (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.
21. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
22. Claims 1-6, 9-16, 19-20,23-24 are rejected under 35 U.S.C. 102(a)(1)(a)(2) as being anticipated by Cor et al. et al (EP2096075).
23. Regarding Claim 1, Cor et al. discloses a telescopic boom(1), see Figs 1-4, Exhibit A, paragraph 13 lines 1-3 “Telescopic booms(1) according to two different embodiments of the present invention”, for a working device, in particular a crane or mobile crane, paragraph 31 lines 1-4 “The telescopic boom according to the present invention may constitute a crane boom, in which case the first boom section (2) could be pivotally mounted to a part of a crane”, comprising: at least three telescopic sections, see Abstract, wherein a first telescopic section(2) is arranged, at least in certain regions, around a second telescopic section(3) and the second telescopic section(3) is arranged at least in certain regions around a third telescopic section(4), at least one drive device(6), see Fig 1, for telescopically retracting and/or extending the second telescopic section(3) relative to the first telescopic section(2), and at least one synchronizing device(10, 20), see Fig 1 and Fig 2, paragraph 19 lines 10-12 “The transmission member(20) extends inside the boom sections between said first and second points(21, 22) by means of which the third telescopic section(4) is telescopable relative to the second telescopic section(3), in particular synchronously, wherein the at least one synchronizing device(20) is arranged substantially completely within the second telescopic section(3)”.
Exhibit A
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24. As of Claim 2, Cor et al. discloses a telescopic boom(1) and all the limitations of Claim1.
25. Cor et al. further discloses a telescopic boom(1) wherein the first telescopic section(2) is designed to be telescopable or non-telescopable relative to at least one other telescopic section via at least one other drive device(6). See Fig 1 and Fig 2, paragraph 20 lines 1-5 “In the illustrated embodiments, the first and second transmission members (10, 20) are designed as separate parts. However, the first and second transmission members(10, 20) could alternatively constitute different sections of one and the same belt or cable or chain or the like”, paragraph 16 lines 2-4 “the actuating members(6) is a hydraulic cylinder with the cylinder part (6a) fixed in axial position in relation to the first boom section(2) and with the piston rod (6b) fixed in axial position in relation to the second boom section (3).
26As of Claim 3, Cor et al. discloses a telescopic boom(1) and all the limitations of Claim 1.
27. Cor et al. further discloses a telescopic boom(1) wherein the at least one synchronizing device(10, 20) is arranged at least in certain regions within the third telescopic section(4) and completely within planes spanned by at least four, preferably all, side surfaces of the third telescopic section(4). See Fig 1, Fig 2 and Fig 12, the figures show synchronizers arranged inside the third telescopic section(4) and completely within planes spanned by at least four, preferably all, side surfaces of the third telescopic section(4), paragraph 19 line 4-10 “The boom(1) also comprises an elongated, flexible second transmission member(20) in the form of a belt or cable or chain or the like, which is arranged in the inner space(5) of the boom sections. This transmission member(20) has a first point (21) fixed in relation to the third boom section(4)”.
28. As of Claim 4, Cor et al. discloses a telescopic boom(1) and all the limitations of Claim 1.
29. Cor et al. further discloses a telescopic boom(1) wherein the at least one synchronizing device(10 20) is designed in the form of a chain, a belt, and/or a rope, wherein preferably the chain, the belt, and/or the rope is elastically deformable. See Figs 1-4, paragraph 19 line 4-10 “The boom(1) also comprises an elongated, flexible second transmission member(20) in the form of a belt or cable or chain or the like, which is arranged in the inner space(5) of the boom sections.
30. As of Claim 5, Cor et al. discloses a telescopic boom(1) and all the limitations of Claim 1.
31. Cor et al. further discloses a telescopic boom(1) wherein the at least one synchronizing device(10, 20) comprises at least one deflection roller, wherein the at least one synchronizing device is guided around the at least one deflection roller(13, 23) and/or is connected to itself, wherein preferably at least two deflection rollers(13, 23) are provided that are spaced apart from one another. See Fig 1 and Fig 2, shows the synchronizing device including pulleys(13, 23) with the synchronizer device(10, 20) guided around the pulleys(13, 23). Paragraph 19 lines 10-14 “The transmission member(20) extends inside the boom sections between said first and second points (21, 22) over a pulley(23), in the following denominated second pulley, which is fixed in axial position in relation to the second boom section(3)”.
32. As of Claim 6, Cor et al. discloses a telescopic boom(1) and all the limitations of Claim 1.
33. Cor et al. further discloses a telescopic boom(1) wherein the second telescopic section comprises at least one fastening device(40), preferably a profile or profile tube(41), which is arranged directly or indirectly on the second telescopic section(3), preferably on a rear wall of the second telescopic section(3), which projects at least in certain regions into the third telescopic section(4), wherein the at least one deflection roller(23) is arranged on the at least one fastening device(40). See Figs 1-2 and Fig 4, paragraph 22 lines 5-17 “ The first and second pulleys (13, 23) are with advantage rotatably mounted to an elongated support unit(40) which is fixed to the rear part of the second boom section (3) i.e. at the inner end thereof, and which extends axially in the inner space(5) of the bottom sections. The first pulley(13) is mounted at the outer end of the support unit(40) and the second pulley(23) is mounted at the inner end thereof. The support unit(40) is suitably provided with one or several sliding elements(41) at its outer end, each sliding element(41) abutting against an inner sliding surface of the third boom section(4) so as support the outer end of the support unit slidingly against the third boom section(4)”.
34. As of Claim 9, Cor et al. discloses a telescopic boom(1) and all the limitations of Claim 1.
35. Cor et al. further discloses wherein the at least one synchronizing device is arranged at a first fixing point on the third telescopic section, wherein it is preferably provided that the first fixing point is designed as a bolt connection, magnetic connection, screw connection, and/or cohesive connection of the at least one synchronizing device to the third telescopic section. See Fig 1 .showing the synchronizing device arranged on the third telescope section(3) at the position of the holder(53), paragraph 24 lines 41-46 “The above mentioned second points (12, 22) of the first and second transmission members (10, 20) are fixed to another holder (53) secured to the third boom section(4) at the inner end thereof. The holder(53) may abut against the support unit(40) via sliding elements(54) arranged on the holder(53)”.
36. As of Claim 10, Cor et al. discloses a telescopic boom(1) and all the limitations of Claim 9.
37. Cor et al. further discloses a telescopic boom(1) wherein the first fixing point, in a telescopically retracted operating position of the third telescopic section, is arranged close to a rear side of the third telescopic section and/or in the region of an optionally present deflection roller. See Fig 1, Fig2, Fig3 and Fig 4, showing that the first position fixing point(21) is arranged near the rear side of the third telescope section(4), paragraph 18 lines 7-10 “ This transmission member(2) has a first point(21) fixed in relation to the first boom section(2) and a second point(22) fixed in relation to the third boom section(4)”.
38. As of Claim 11, Cor et al. discloses a telescopic boom(1) and all the limitations of Claim 1.
39. Cor et al. further discloses a telescopic boom(1) wherein the at least one synchronizing device(10, 20) is arranged or arrangeable at a second fixing point(22) with the first telescopic section(2), preferably detachably, via at least one fastening means(51). See Fig 1, showing the synchronizer device arranged together with the first telescopic section at the second point(22) through one mounting means(51), paragraph 24 lines 36-39 “first points (11, 21) of the first and second transmission members (10 , 20) are fixed to a holder (51) secured to the elongated element (50) at the outer end thereof paragraph 24 lines 41-42 “The above mentioned second points (12, 22) of the first and second transmission members (10, 20) are fixed to another 53 secured to the third boom section(4) at the inner end thereof”.
40. Reg Claim 12, Cor et al. discloses a telescopic boom(1) and all the limitations of Claim 11.
41. Cor et al. further discloses a telescopic boom(1) wherein, in a telescopically retracted operating position of the third telescopic section, the second fixing point is arranged close to a front side of the third telescopic section and/or in the region of one of the two deflection rollers. Fig 1 and Fig 2 show that the second point(22) is arranged near the front side of the third telescopic section(4), paragraph 24 lines 41-42 “The above mentioned second points (12, 22) of the first and second transmission members (10, 20) are fixed to another 53 secured to the third boom section(4) at the inner end thereof”.
42. As of Claim 13, Cor et al. discloses a telescopic boom(1) and all the limitations of Claim 11.
43. Cor et al. further discloses a telescopic boom(1) wherein at least one fastening means(51) of the second fixing point(22) is configured as: at least one bolt connection to be released and/or connected manually, preferably from a front side of the third telescopic section. See Fig 1, showing the synchronizing device arranged on the third telescope section(3) at the position of the holder(53), paragraph 24 lines 41-46 “The above mentioned second points (12, 22) of the first and second transmission members (10, 20) are fixed to another holder (53) secured to the third boom section(4) at the inner end thereof. The holder(53) may abut against the support unit(40) via sliding elements(54) arranged on the holder(53)”.
44. Reg Claim 14, Cor et al. discloses a telescopic boom(1) and all the limitations of Claim 11.
45. Cor et al. further discloses a telescopic boom(1) wherein the first telescopic section comprises at least one holding element(50) arranged on the first telescopic section, preferably a rear wall of the first telescopic section(2), which projects into the second telescopic section(3) and at least in a telescopically retracted operating position of the third telescopic section(4) into the third telescopic section(4), wherein the at least one fastening means(51) is arranged on the at least one holding element(50), wherein it is preferably provided that the at least one holding element(50) is designed in the form of a profile or profile tube(41), particularly preferably a U-profile. See Fi 1 and Fig 2 show that the first telescopic section(2) includes a holding element(50) arranged in the first telescopic section(2), the holding element(50) projects into the second telescopic section(3) and the third telescopic section(4) at an operating position of the third telescopic section(4) and a mounting means(holder 51) is arranged on the holding element(50) and at least one holding element(50) is designed in the form of a profile or profile tube(41), see Fig 1 and Fig 2, with U shaped profile tube(41), particularly preferably a U-profile.
46. Reg Claim 15, Cor et al. discloses a telescopic boom(1) and all the limitations of Claim 6.
47. Cor et al. further discloses a telescopic boom(1) wherein at least one fastening device and/or the at least one holding element is designed such that the at least one synchronizing device can be supported on the at least one fastening device and/or the at least one holding element in the event of a sagging of the at least one synchronizing device(10,20). Fig 1 and Fig 2 show that the synchronizer device(10, 20) can be supported by the mounting device(support portion 40), paragraph 24 lines 41-46 “The above mentioned second points (12, 22) of the first and second transmission members (10, 20) are fixed to another (53) secured to the third boom section(4) at the inner end thereof”. The holder(53) may abut against the support unit(40) via sliding elements(54) arranged on the holder(53)”.
48. Reg Claim 16, Cor et al. discloses a telescopic boom(1) and all the limitations of Claim 1.
49. Cor et al. further discloses a telescopic boom(1) wherein at least one drive device(6) and/or at least one optionally present other drive device is designed as a hydraulic cylinder unit(6), electric drive unit, and/or cable drive unit, wherein preferably the at least one drive unit is arranged on an outer side of the second telescopic section. See Fig 1 and Fig 2 show the drive device(6) is formed as a hydraulic cylinder parts(6a , 6b), paragraph 15 and 16 “the actuating member(6) is a hydraulic cylinder with cylinder parts(6a) fixed in axial position in relation to the first boom section(2) and the piston rod(6b) fixed in axial position in relation to the second boom section(3), 19 line 4-10 “The boom(1) also comprises an elongated, flexible second transmission member(20) in the form of a belt or cable or chain or the like, which is arranged in the inner space(5) of the boom sections, paragraph 27 lines 36-45 “The boom may comprise one or several flexible conduits(60) in the form of hoses or cables arranged in the inner space(5) of the boom sections. Such a conduit(60) could for instance be a hose for supplying compressed air or hydraulic fluid to a tool carried by the boom at the outer end thereof and for return of hydraulic fluid from such tool. Such a conduit(60) could also be an electric or optical cable”.
50. Reg Claim 19, Cor et al. discloses a telescopic boom(1) and all the limitations of Claim 1.
51. Cor et al. further discloses a telescopic boom(1) wherein a fastening means(51) for coupling the movement of the second telescopic section(3) with the third telescopic section(4) is provided, wherein the at least one fastening means(51) causes the third telescopic section(4) to move together with the second telescopic section$) during a relative movement of the second telescopic section(3) with respect to the first telescopic section(1). See Fig 1 and 2, show that a mounting means(holder 51) for moving and connecting the second telescope section(3) and the third telescope section(4) is provided, and the third telescope section is moved together with the second telescope section with respect to the first telescope section(2), paragraph 24 lines 36-39 “first points (11, 21) of the first and second transmission members (10 , 20) are fixed to a holder (51) secured to the elongated element (50) at the outer end thereof, paragraph 24 lines 41-46 “The above mentioned second points (12, 22) of the first and second transmission members (10, 35) are fixed to another holder (53) secured to the third boom section(4) at the inner end thereof. The holder(53) may abut against the support unit(40) via sliding elements(54) arranged on the holder(53)”.
52. Reg Claim 20, Cor et al. discloses a telescopic boom(1) and all the limitations of Claim 1.
53. Cor et al. further discloses a telescopic boom(1) wherein at least one, preferably driven, chain wheel is arranged on the at least one synchronizing device(10,20). See Fig 1 and Fig 2, , paragraph 20 lines 1-5 “In the illustrated embodiments, the first and second transmission members (10, 20) are designed as separate parts. However, the first and second transmission members(10, 20) could alternatively constitute different sections of one and the same belt or cable or chain or the like”, paragraph 19 line 4-10 “The boom(1) also comprises an elongated, flexible second transmission member(20) in the form of a belt or cable or chain or the like, which is arranged in the inner space(5) of the boom sections.
54. Regarding Claim 23, Cor et al. discloses a method for telescopically retracting or extending a telescopic boom(1) and all the limitations according to claim 1, comprising the following method steps, which are in particular to be carried out in parallel: the second telescopic section(3) is moved translationally relative to the first telescopic section(2) via the, in particular hydraulic(6), drive device(6), and the third telescopic section(4) is moved translationally relative to the second telescopic section(3) by a movement of the second telescopic section(3) via the at least one synchronizing device(10, 20), preferably synchronously.
55. Regarding Claim 24, Cor et al. discloses a method for telescopically retracting or extending a telescopic boom(1) and all the limitations according to claim 23 wherein at least one synchronizing device(10, 20) is decoupled from the second telescopic section(3), preferably via at least one fastening means(51), and the second telescopic section(3) is optionally movement-coupled to the third telescopic section(4), preferably by at least one fastening means(51), such that during a translational movement of the second telescopic section(3), the third telescopic section(4) is moved together with the second telescopic section(3) relative to the first telescopic section(2).
Claim Rejections - 35 USC § 103
56. 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 of this title, 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.
57. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
58. Claim 7 is rejected under 35 U.S.C 103 as being unpatentable over Cor et al. et al (EP2096075) in view of Takuro(JP11301977).
59. As of Claim 7, Cor et al. discloses a telescopic boom(1) according to Claim 5.
60. Cor et al. et al further discloses a telescopic boom(1) wherein a deflection roller(13, 23), preferably located closer to a front side of the second telescopic section.
61. Cor et al. et al does not explicitly disclose a telescopic boom(1) that can be pretensioned by at least one chain tensioner, preferably arranged on at least one optionally present fastening device.
62. However, Takuro et al disclose a telescopic boom(1) that can be pretensioned by at least one chain tensioner(43), preferably arranged on at least one optionally present fastening device(49). See Fig 6a and Fig 6b. Exhibit B, paragraph 25-26.
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63. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to utilize Cor et al. et al (EP2096075) telescopic boom(1) with chain tensioner(43), arranged on at least one fastening device(49) as taught by Takuro(JP11301977) to prevent slacking and loss of synchronized movement of the synchronizer device, thereby preventing safety hazards, see Fig 6a and Fig 6b.
64. Claim 8 is rejected under 35 U.S.C 103 as being unpatentable over Cor et al. et al (EP2096075) in view of Takuro(JP11301977).
65. As of Claim 8, Cor et al. discloses a telescopic boom(1) according to Claim 7.
66. Cor et al. et al does not explicitly disclose a telescopic boom(1) wherein at least one chain tensioner is designed in the form of a translationally extendable fastening device, a plug connection, and/or a thread arranged on the fastening device.
67. However, Takuro disclose a telescopic boom(1) comprising at least one chain tensioner designed in the form of a translationally extendable fastening device, a plug connection, and/or a thread arranged on the fastening device, see Fig 6a and 6b, paragraph 25-26 show a tensioner(43) with translationally extendable fastening device formed by a threaded arrangement, with adjusting screws(51, 53) engaged with the fastening device(49), rotation of the screws causes translational movement of wire tension adjusting portions(45, 47).
68. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to utilize Cor et al. et al (EP2096075) telescopic boom(1) with chain tensioner(43) designed in the form of a translationally extendable fastening device with a plug connection, and/or a thread arranged on the fastening device., as taught by Takuro(JP11301977) to prevent slacking and loss of synchronized movement of the synchronizer device, thereby preventing safety hazards, see Fig 6a and Fig 6b.
69. Claim 17 is rejected under 35 U.S.C 103 as being unpatentable over Cor et al. et al (EP2096075) in view of Takakimi(JP05105392).
70. As of Claim 17, Cor et al. discloses a telescopic boom(1) of all limitations in Claim 1.
Cor et al. et al does not explicitly disclose a telescopic boom(1) wherein at least one synchronizing device comprises a translation device with which a telescoping speed of the third telescopic section can be slowed down and/or accelerated compared to a telescoping speed of the second telescoping section.
71. However, Takakimi disclose a telescopic boom(1) wherein at least one synchronizing device comprises a translation device with which a telescoping speed of the third telescopic section(13) can be slowed down and/or accelerated compared to a telescoping speed of the second telescoping section(12). See Fig 2, overview, paragraph 30-32 describes an idea of a device making a contraction and expansion speed of one telescopic section as against contraction and expansion speed of another telescopic section by the means of a translation mechanism.
72. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to utilize Cor et al. et al (EP2096075) telescopic boom(1) with a device making a contraction and expansion speed of one telescopic section as against contraction and expansion speed of another telescopic section. as taught by Takakimi(JP05105392) to systematically adjust extension and speed of the boom hence improving transportability, see Fig 2.
73. Claim 18 is rejected under 35 U.S.C 103 as being unpatentable over Cor et al. et al (EP2096075)
74. As of Claim 18, Cor et al. discloses a telescopic boom(1) of all limitations in Claim 1.
75. Cor et al. et al does not explicitly disclose a telescopically retracted operating position of the third telescopic section, a free space for connecting at least one telescopic section extension remains between a front side of the third telescopic section and the at least one synchronizing device.
76. However, the technique of connecting the telescopic section extension with the availability of a free space to the front side of the retracted operating position of the third telescopic section and atleast one synchronizing device is a well-known technique by a person skilled in the art. A person skilled in the art could have easily applied the above well-known technique with the invention of claim 1, the free space provided enables the person skilled in the art to couple the telescopic section extension portion between the front side of the third telescope section and the synchronizer making the connection and installation of the telescopic section extension possible.
77. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to connect at least one telescopic section extension between the front side of the third telescopic section and the synchronizer making the connection and installation of the telescopic section extension possible, thereby providing synchronized operation of the boom and enhancing safety operations.
78. Claim 21-22 is rejected under 35 U.S.C 103 as being unpatentable over Cor et al. et al (EP2096075) in view of Kazuyoshi(JP2000-007281).
79. Re Claim 21, Cor et al. et al discloses a telescopic boom(1) according to Claim 1.
80. Cor et al. et al does not explicitly disclose a telescopic boom(1) wherein in particular at least one other telescopic section is provided which is arranged, at least in certain regions, around the at least three telescopic sections.
81. However, Kazuyoshi disclose a telescopic boom(1) comprising of at least one other telescopic section which is arranged, at least in certain regions, around at least three telescopic sections. Claim 2 “A multistage telescopic boom of a crane vehicle, wherein a total number (J) of stages of a boom is an odd number of 5 or more”, see Fig 5, shows a method in which one other telescope section (first stage boom 1) is provided, and the other telescopic stage is arranged so as to surround the three telescopic stages to total number of J stages over a predetermined range, paragraph 13 line 1-3 “a multistage telescopic boom representing a first embodiment. A second stage boom(2), a third stage boom(3), a fourth stage boom(4), and a fifth stage boom 5”
73. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to increase Cor et al. et al (EP2096075) telescopic boom(1) with the multistage telescopic boom as taught by Kazuyoshi(JP2000-007281) to increase maximum extension of the boom hence improving transportability.
82. Re Claim 22, the combination of Cor et al. and Kazuyoshi discloses a telescopic boom(1) and all the limitations of Claim 21.
83. Cor et al. further discloses a telescopic boom(1) wherein the working device(10, 20)) has at least one fastening point(12, 22) separate from the first telescopic section(2) at which at least one holding element is arranged. Fig 1 showing the synchronizing device arranged on the third telescope section(3) at the position of the holder(53), paragraph 24 lines 41-46 “The above mentioned second points (12, 22) of the first and second transmission members (10, 20) are fixed to another holder (53) secured to the third boom section(4) at the inner end thereof. The holder(53) may abut against the support unit(40) via sliding elements(54) arranged on the holder(53)”.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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/MTK./
Examiner, Art Unit 3654
/ANNA M MOMPER/Supervisory Patent Examiner, Art Unit 3619
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