DETAIL ACTION
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 .
Notice on Prior Art Rejections
2. 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 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.
Status of Claims
3. This Office Action is in response to the Applicant's application filed March 21, 2025. Claims 1-20 are presently pending and are presented for examination.
Nonstatutory Double Patenting
4. The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the claims at issue are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claim 1-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of copending Application No. 19/087,239
This is a provisional nonstatutory double patenting rejection. Although the claims at issue are not identical, they are not patentably distinct from each other because they are the same.
Claims 2-17 depend from claim 1 and therefore include the same limitation as claim 1 so they are rejected for the same reason.
Claim 9 and 18 contain similar limitations as claim 1 so they are rejected for similar reasons.
Claims 10-15, 19-20 depend from claims 9 and 18 respectively, and therefore include the same limitations as claims 9 and 18, so they are rejected for the same reasons.
19/087,421 (Current Application)
Application No 19/087,239
A lift device, comprising: a chassis; an implement assembly comprising an implement and a platform, the platform configured to support a user;
A lift device, comprising: a base assembly configured to transport the lift device;
a lift assembly coupled with the chassis, the implement assembly coupled with the lift assembly, wherein the lift assembly comprises an actuator configured to move the implement assembly relative to the chassis;
a lift assembly configured to raise or lower, the lift assembly comprising: an implement assembly coupled with the lift assembly at an interface, the implement assembly comprising an implement and an implement controller, the implement controller configured to operate the implement to perform a task;
And a controller configured to: operate the lift device according to a first mode in which the actuator is operated to move the implement assembly relative to the chassis along a predetermined path as a first portion of an overall action such that the overall action is completed when a user manually operates the implement to perform a second portion of the overall action simultaneously with performance of the first portion of the overall action.
And a base controller configured to operate the base assembly to transport the lift device and the lift assembly to move the implement assembly, the base controller configured to: receive, from the implement controller, an interface target path for the interface between the implement assembly and the lift assembly; and in response to determining that the lift assembly is capable of moving the interface along the interface target path, operate the lift assembly to move the interface along the interface target path.
Claim Rejections - 35 USC § 112
5. 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.
6. Claims 1-20 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 pre-AIA the applicant regards as the invention.
7. Independent claims 1, 9 and 18 recite “a first portion of an overall action such that the overall action is completed when a user manually operates the implement to perform a second portion of the overall action” It is unclear what constitutes an overall action, how is a completion determined, and what qualifies as a first portion. The specification dated 03/21/2025 does not define how these features are determined. As a result of this ambiguity, the precise boundary of the claim cannot be determined. Therefore, the claims are rejected as indefinite under 35 U.S.C. 112(b).
Claims 2-17 depend from claim 1 and therefore include the same limitation as claim 1 so they are rejected for the same reason.
Claim 9 and 18 contain similar limitations as claim 1 so they are rejected for similar reasons.
Claims 10-15, 19-20 depend from claims 9 and 18 respectively, and therefore include the same limitations as claims 9 and 18, so they are rejected for the same reasons.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LUIS A MARTINEZ BORRERO whose email is luis.martinezborrero@uspto.gov and telephone number is (571)272-4577. The examiner can normally be reached on M-F 8:00-5:00. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, HUNTER LONSBERRY can be reached on (571)272-7298. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/LUIS A MARTINEZ BORRERO/Primary Examiner, Art Unit 3665
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