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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on February 18, 2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
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.
Claims 13-29 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.
Claim 13 recites the limitation "the ground" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 13 recites "an upper end" (line 29) associated with the connector strut and "its upper end" (line 32) associated with the connector strut. The plural inclusion of "its upper end" could lead to confusion as to whether subsequent recitations of "the upper end" are one and the same. The same issue of multiple inclusion can be seen, for example, on claim 23. Differentiation of the elements (e.g., "the upper end") would further enhance the clarity of the claim.
Claim 13 is a single claim which claims both an apparatus (crane system) and the method steps of using the apparatus (method for installing a heavy lift crane system) and therefore, is indefinite under 35 U.S.C. 112, second paragraph, IPXL Holdings v.Amazon.com, Inc., 430 F.2d 1377, 1384, 77 USPQ2d 1140, 1145 (Fed. Cir. 2005); Ex parteLyell, 17USPQ2d 1548 (Bd. Pat. App. & Inter. 1990) (claim directed to an automatic transmission workstand and the method of using it held ambiguous and properly rejected under 35 U.S.C. 112, second paragraph). See MPEP 2173.05(p) [R-07.2022], Section II.
Claim 14 depends from claim 13, and therefore has the same 112(b) deficiency.
Claim 15 depends from claim 13, and therefore has the same 112(b) deficiency.
Claim 16 depends from claim 15, which depends from claim 13, and therefore has the same 112(b) deficiency.
Claim 17 depends from claim 13, and therefore has the same 112(b) deficiency.
Claims 17-18 recites the limitation "the ground" in line 4. There is insufficient antecedent basis for this limitation in the claim.
Claim 18 depends from claim 13, and therefore has the same 112(b) deficiency.
Claim 19 depends from claim 18, which depends from claim 13, and therefore has the same 112(b) deficiency.
Claim 20 depends from claim 13, and therefore has the same 112(b) deficiency.
Claim 21 depends from claim 20, which depends from claim 13, and therefore has the same 112(b) deficiency.
Claim 22 depends from claim 20, which depends from claim 13, and therefore has the same 112(b) deficiency.
Claim 23 depends from claim 14, which depends from claim 13, and therefore has the same 112(b) deficiency.
Claim 24 depends from claim 23, which depends from claim 14, further depending claim 13, and therefore has the same 112(b) deficiency.
Claim 25 depends from claim 13, and therefore has the same 112(b) deficiency.
Claim 26 recites the limitation "the ground" in line 3 and “the upper end” in line 21. There is insufficient antecedent basis for this limitation in the claim.
Claim 27 depends from claim 26, and therefore has the same 112(b) deficiency.
Claim 28 depends from claim 27, which depends from claim 26, and therefore has the same 112(b) deficiency.
Claim 29 depends from claim 27, which depends from claim 26, and therefore has the same 112(b) deficiency.
Claim Rejections - 35 USC § 102
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.
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 13 and 26 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO2021/140011 A1.
As to claim 13, WO2021/140011 A1 discloses a method for installing a heavy lift crane system at a hoisting site, as illustrated in Figures 1-28, the crane system comprising a track arrangement configured to be installed on the ground and comprising a circular slew track assembly (100) extending over at least a slew are about a slew center (140,51), a crane (1) comprising a crane carriage, comprising a base (10), a first chassis and second chassis (see Figure 9), the first and second chassis being configured to travel over the track arrangement and to support the base thereon, a main boom (20), that is pivotal relative to the base of the crane carriage about a main boom pivot axis (21), and has a main boom tip (22), a back mast (30), that is pivotal relative to the base of the crane carriage about a back mast pivot axis, and has a back mast tip, an adjustable length arrangement (40) between the back mast and the main boom, a counterweight (50), that is configured to be arranged at the slew center, wherein the crane comprises a connector strut (53) to suspend the counterweight from the back mast, and wherein a swivel is provided between the counterweight and the back mast to allow for slew motion of the crane about the slew center, wherein the method comprises installing the circular slew track assembly (100) at the hoisting site, assembly of the crane comprising installing the crane carriage on the track arrangement, assembly of the main boom (20) in horizontal orientation to the crane carriage (see Figures 15a-15c), assembly of the back mast (30) in horizontal orientation to the crane carriage (see Figures 15d-15f), providing the adjustable length arrangement (40) between the back mast and the main boom, arranging the connector strut (53), in a horizontal orientation, underneath the horizontal back mast, pivotally connecting an upper end of the connector strut (53) to the horizontal back mast (30), pivoting the back mast (30) into an inclined raised position with the connector strut (53) being pivotally connected at its upper end to the back mast via a strut pivot axis, arranging the counterweight at the slew center (140,51), bringing the connector strut above the counterweight, connecting a lower end of the connector strut to the counterweight, raising the main boom.
As to claim 26, WO2021/140011 A1 discloses a heavy lift crane system to be installed at a hoisting site, as illustrated in Figures 1-28, the crane system comprising a track arrangement configured to be installed on the ground and comprising a circular slew track assembly (100) extending over at least a slew are about a slew center (140,51), a crane (1) comprising a crane carriage, comprising a base (10), a first chassis and second chassis (see Figure 9), the first and second chassis being configured to travel over the track arrangement and to support the base thereon, a main boom (20), that is pivotal relative to the base of the crane carriage about a main boom pivot axis (21), and has a main boom tip (22), a back mast (30), that is pivotal relative to the base of the crane carriage about a back mast pivot axis, and has a back mast tip, an adjustable length arrangement (40) between the back mast and the main boom, a counterweight (50), that is configured to be arranged at the slew center, wherein the crane comprises a connector strut (53) to suspend the counterweight from the back mast, which connector strut is, in an installation configuration, arranged horizontally underneath the back mast in a horizontal orientation of the back mast, and is pivotally connected to the back mast, and pivotal about a back mast upper end pivot axis, wherein the upper end of the connector strut, in an operational configuration, is pivotally connected to the back mast, in a substantially vertical orientation and wherein the counterweight is connected to a lower end of the connector strut and thereby suspended from the back mast.
Allowable Subject Matter
Claims 14-25 and 27-29 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include 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. Windbacher, Helmens, Petrello, Willim, and Karp are cited as being relevant art, because each prior art discloses a heavy lift crane system comprising a track arrangement and a crane.
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Victoria Augustine can be reached at (313) 446-4858. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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STEPHEN VU
Primary Examiner
Art Unit 3654
/STEPHEN A VU/Primary Examiner, Art Unit 3654
