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 .
This is the Final Office Action on the merits of Application No. 19/101767, filed on 02/06/2025. Claims 1-13 are still pending in the application.
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.
(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.
Claim(s) 1-2, 4-7, 9-13 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by US Patent No. 11,383,964 to Jaipaul et al (henceforth referred to as Jaipaul).
Regarding claims 1-2, 4-7, Jaipaul discloses a control device for a lifting platform (i.e. Fig. 2, ref. 22), the control device comprising:
control electronics (i.e. Fig. 5b, ref. 74) which are configured to control a drive (i.e. Fig. 4, ref. 62) of the lifting platform,
an energy store (i.e. Fig. 5b, ref. 42) which is configured to provide energy for the drive of the lifting platform, and
a housing (i.e. Fig. 2, ref. 38) in which the control electronics and the energy storage are arranged.
Which comprises a plate (i.e. Mark up of Fig. 5b) which is arranged in the housing, wherein the control electronics are arranged on a first side (i.e. Fig. 5b, lower side) of the plate and the energy store is arranged on a second side (i.e. Fig. 5b, upper side) opposite the first side of the plate.
Wherein the energy store bears against the second side of the plate (i.e. Fig. 5b, ref. 42 bears against the upper side of the plate).
Wherein the housing is of two part design, and a first housing part (i.e. Fig. 2, ref. 40) on the first side and a second housing part (i.e. Fig. 2, ref. 38) on the second side of the plate are connected thereto.
Which comprises a control panel (i.e. Fig. 5b, ref. 56) which is arranged on the first housing part.
Wherein the energy storage has a plurality of energy storage cells (i.e. Fig. 5b, there are two ref. 42).
Regarding claims 9-12, Jaipaul discloses a lifting platform (i.e. Fig. 2, ref. 22), comprising:
a base device (i.e. Fig. 2, ref. 30), by means of which the lifting platform can be set up on a floor;
a lifting column (i.e. Fig. 2, ref. 36) which is connected to the base device;
a lifting device (i.e. Fig. 2, ref. 34) which is arranged on the lifting column and can be moved along the lifting column;
a drive (i.e. Fig. 4, ref. 62) which is configured to drive the lifting device; and
a control device, comprising:
control electronics (i.e. Fig. 5b, ref. 74) which are configured to control a drive (i.e. Fig. 4, ref. 62) of the lifting platform,
an energy storage (i.e. Fig. 5b, ref. 42) which is configured to provide energy for the drive of the lifting platform; and
a housing (i.e. Fig. 2, ref. 38) in which the control electronics and the energy storage are arranged.
Wherein the control device is arranged in a region of an upper end of the lifting column (i.e. Fig. 3b shows ref. 42 and 24 in a relative upper region of ref. 22).
Which comprises at least one carrier (i.e. Fig. 2, ref. 32), which is connected to the base device (i.e. Fig. 2, ref. 30) and/or to the lifting column (i.e. Fig. 2, ref. 36) and which received the control device (i.e. Fig. 2, indicated at ref. 40).
Wherein a first housing part (i.e. Fig. 2, ref. 38) of the control device is arranged facing away from the lifting column, and a second housing part (i.e. Fig. 2, ref. 40) of the control device is arranged facing the lifting column.
Regarding claim 13, Jaipaul discloses a system comprising:
one or more lifting platforms (i.e. Fig. 1, ref. 22) each of the one or more lifting platforms comprising:
a base device (i.e. Fig. 2, ref. 30) by means of which the lifting platform can be set up on a floor;
a lifting column (i.e. Fig. 2, ref. 36) which is connected to the base device;
a lifting device (i.e. Fig. 2, ref. 34) which is arranged on the lifting column and can be moved along the lifting column;
a drive (i.e. Fig. 4, ref. 62) which is configured to drive the lifting device; and
a control device, comprising:
control electronics (i.e. Fig. 5b, ref. 74) which are configured to control a drive (i.e. Fig. 4, ref. 62) of the lifting platform,
an energy storage (i.e. Fig. 5b, ref. 42) which is configured to provide energy for the drive of the lifting platform; and
a housing (i.e. Fig. 2, ref. 38) in which the control electronics and the energy storage are arranged.
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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.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent No. 11,383,964 to Jaipaul et al.
Regarding claim 3, Jaipaul does not specifically teach the housing is made of plastic nor teach the plate is made of metal. It would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to use plastic for the removable casing to facilitate taking the cover off and on and metal for the plate to support the weight of the energy store without deforming since it has been held that a mere reversal of the essential working parts of a device involves only routine skill in the art.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent No. 11,383,964 to Jaipaul et al in view of US Patent Application Publication No. 2021/0119455 to Jaipaul et al (henceforth referred to as Jaipaul ‘455).
Regarding claim 8, Jaipaul does not specifically teach the energy storage is a lithium ion accumulator. However, lithium ion accumulators are known in the art and not novel to the invention. For example, Jaipaul ‘455 teaches a similar lifting platform (i.e. Fig. 3b, ref. 22) comprising a similar control device (i.e. Fig. 3b, ref. 24, 42) and further teaches the energy stores (i.e. Fig. 3b, ref. 42) can comprise one or more cells comprising lithium ion battery cells (i.e. claim 2). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use commercially available lithium ion batteries as taught in Jaipaul ‘455 in the lift platform as taught in Jaipaul to reduce price and ease replacement and there would have been reasonable expectation of success.
Response to Arguments
Applicant's arguments filed 04/17/2026 have been fully considered but they are not persuasive.
To summarize, Applicant argues on pages 6-7 that Jaipaul teaches that the control circuit, ref. 74, has a housing, ref. 72, that is does not house the batteries, ref. 42. Therefore, Jaipaul does not teach a housing in which the control electronics and the batteries are arranged according to claim 1. This argument is not persuasive because the above rejection 102 indicates that the main housing, ref. 38, in which both the batteries, ref. 42, as well as the circuit board inside the smaller housing, ref. 72, are arranged within. Therefore, the main housing, ref. 38, satisfies the limitations of claim 1 and 9. Thus, the rejection is maintained.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DIEM M TRAN whose telephone number is (571)270-7825. The examiner can normally be reached M 9-5, W-F 10-2.
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/DIEM M TRAN/Examiner, Art Unit 3654
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