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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “125” has been used to designate both cross members (shown in figure 2) and vertical members (as shown in figures 3-6). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 2 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Paragraph [0043] of the specification and claim 2, the recitation “an angled support member (505) coupled with the vertical member (115) and the horizontal support member (520) at a first attachment point (506)” is not commensurate with the device shown in the drawings (see figure 8A for example). As shown in figure 8A for example and reproduced below with markings, an angled support member (505, figure 8) coupled with the vertical member (115) is NOT at the first attachment point (506) but attachment point (A, as illustrated below) opposite first attachment point (506).
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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 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.
(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.
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Claims 1 and 2 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Ziaylek et al (US 9388029 B2).
With respect to claim 1, Ziaylek disclose a truck rack lifter assembly for comprising: an assembly frame (14 and 12, figure 1); one or more wheels (unlabelled wheels below 12) coupled with the assembly frame; and a plurality of lifter mechanisms (16, figure 1) coupled with the frame that are arranged to couple with a truck rack (42, figure 2) and lift the truck rack vertically.
With respect to claim 2 as best understood, Ziaylek discloses a lever assembly comprising: a vertical member (14); a slider body (side panel S, see examiner’s markup above); a horizontal support member (H); a lifter arm (L) having tapered end (E, the end of the bracket L is rounded or tapered), the lifter arm (L) coupled with the slider body (S); an angled support member (A) coupled with the vertical member (14) and the horizontal support member (H) at a first attachment point (P); a first lever arm (F1) rotatably coupled with the angled support member (34) and the horizontal support member (H) at the first attachment point (P), the first lever arm (F1) is coupled with the tapered end (E) of the lifter arm (L); and a second lever arm (F2) coupled with a first lever arm (F1) at a second attachment point (P2).
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 1 is rejected under 35 U.S.C. 103 as being unpatentable over Brosman (US 5280801 A) in view of Florez (US 11639612 B1).
With respect to claim 1, Brosman discloses a truck rack lifter assembly for comprising: an assembly frame (17, 19, 22, figure 7); and a plurality of lifter mechanisms (18) coupled with the frame that are arranged to couple with a truck rack (12-15, figure 7) and lift the truck rack vertically.
However, Brosman does not disclose one or more wheels coupled with the assembly frame.
Florez discloses a truck rack lifter assembly for comprising: an assembly frame (10) wherein one or more wheels (wheels on 52) coupled with the assembly frame to “facilitate movement of rack system 10 when detached from vehicle 62” (Column 4, lines 60-62). It would have been obvious to one ordinary skilled in the art to have modify the truck rack lifter assembly of Brosman such that one or more wheels are provided to facilitate movement of the rack system when detached from vehicle as taught to be desirable by Florez.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art of record further demonstrate lift assembly of interest.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Ko (Korie) H Chan whose telephone number is (571)272-6816. The examiner can normally be reached on Monday -Friday, 8:00 - 5:00 EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Liu can be reached on 571-272-8227. 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.
/Ko H Chan/Primary Examiner, Art Unit 3631
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