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 § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-2 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an
abstract idea without significantly more. The claim recites a full-unit lifting method for a quayside container crane comprising: step 1. calculating an overall center of gravity of a quayside container crane, step 2. estimating a lifting height and a floating amplitude required by a main hook of a floating crane, step 3. selecting the floating crane and obtaining parameters of the floating crane, step. 4 selecting a type of the main hook of the floating crane according to a weight of the quayside container crane, and step 5. calculating a load on the lifting wire rope and making selection of the lifting wire rope and a shackle.
The limitation of step 1. calculating an overall center of gravity of a quayside container crane, as drafted, is a process that, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of planning on a lifting method for a quayside container crane. Nothing in the claim element precludes the step from practically being performed in the mind. For example, “calculating” in the context of this claim encompasses the user manually calculating the overall center of gravity of the quayside container crane. Similarly, the limitation of step 2. estimating a lifting height and a floating amplitude required by a main hook of a floating crane, as drafted, is a process that, under its broadest reasonable interpretation, covers performance of the limitation in the
mind but for the recitation of brainstorming a possible lifting height and a floating amplitude. For example, “the water level differential at the dock (h1) and the height of the quayside container crane (H) are known parameters” language in the context of this claim encompasses the user thinking that the
estimation is based on random scenarios without the applicant’s actual analysis and inventive concept. Furthermore, steps 3-5 only discuss the selections and calculation to support the planning based on the information from steps 1-2. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of lifting method for a quayside container crane, then it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
This judicial exception is not integrated into a practical application. In particular, the claim
recites two additional elements - steps. 4-5 making preparations before lifting and performing lifting operation at the dock. The method for making and performing in both steps is recited at a high-level of generality such that it amounts no more than mere instructions to apply the exception using the planning process in steps 1-3. Accordingly, these additional elements do not integrate the abstract idea into
a practical application because it does not impose any meaningful limits on practicing the abstract
idea. The claim is directed to an abstract idea.
The claim does not include additional elements that are sufficient to amount to significantly
more than the judicial exception. As discussed above with respect to integration of the abstract idea
into a practical application, the additional information in claim 2 of the four lifting wire ropes (C1-C4) is 24m, the angle (y) between the four lifting wire ropes and the horizontal plane is 600 at minimum, and the height of the main hook to the upper pulley at the boom of the floating crane (h5) has a minimum value (h5min) of 5 meters amounts to no more than mere instructions to apply the exception. Mere instructions to apply an exception cannot provide an inventive concept. The claims are not patent eligible.
Allowable Subject Matter
Claims 3-4 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Chattey’849, Chattey’804, and Nayfeh are cited as being relevant art, because each prior art discloses a lifting method for a quayside container crane comprising providing a lifting apparatus and performing the lifting operation at the dock.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEPHEN VU whose telephone number is (571)272-1961. The examiner can normally be reached Monday-Friday, 7:00 am - 3:30 pm EST.
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STEPHEN VU
Primary Examiner
Art Unit 3654
/STEPHEN A VU/Primary Examiner, Art Unit 3654
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