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 Status
This Office action is in response to the filing of 5/22/2025. Claims 1-19 are currently pending.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the multiple “piston rods” of claim 2, the “detachable connection structure” of at least claim 4, and the “ram lifting mounting base” of at least claim 5 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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 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.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“a detachable connection structure” in claims 4-5 and corresponding to “bolts and nuts, bolts and holes, pin connections, and the like” as disclosed in para. 0017 of the written description; and
“an inflation assembly” in claims 10 and 15-19 and corresponding to element 5132b.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 4-5, 12-19 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.
Regarding claim 3, the limitation “the piston rod” in line 2 lacks sufficient antecedent basis. It appears to be referring to the “piston rods” recited in claim 2. In order to further prosecution, the limitation “a piston and piston rods respectively disposed at two axial ends of the piston are slidably” has been interpreted to read “a piston and a piston rod are slidably.” Claims 4-5, 12-14, and 16-18 are rejected based on their dependency from claim 3.
Regarding claim 5, the limitation “a ram lifting mount base” is indefinite because it is not clear how putting a ram lifting pin through holes in a second mounting base and a ram lifting eye connect a ram lifting mounting base to the ram lifting eye. Shouldn’t the lifting pin connect the second mounting base to the lifting eye since the pin goes through both of their holes? In order to further prosecution, the limitation has been interpreted to recite “the second mounting base.”
Regarding claim 8, the limitation “to hinge the first mounting base to the first mounting base” in the last 2 lines is indefinite because it is not clear how the first mounting base can be hinged to itself. In order to further prosecution, the limitation has been interpreted to recite “to hinge the first mounting base to the shackle body.” Claims 9 and 19 are rejected based on their dependency from claim 8.
Regarding claim 9, the limitation “a positioning block corresponding to each of the shackle cushions” is indefinite because it is not clear how one positioning block can correspond to a plurality of cushions. In order to further prosecution, the limitation has been interpreted such that there are multiple positioning blocks with each block corresponding to a respective cushion.
Claim limitations “detachable connection structure” in claims 4-5 and “inflation assembly” in claims 10 and 15-19 invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. Regarding the “detachable connection structure,” the written description identifies the corresponding structure in para. 0017 as “bolts and nuts, bolts and holes, pin connections, and the like” (emphasis added). The inclusion of the phrase “and the like” makes it unclear what the actual structure is intended to be since it encompasses every conceivable structure. Regarding the “inflation assembly,” the written description simply identifies it as element 5132b. There is no description in the written description that would indicate its structure. Similarly, element 5132b is only depicted in Fig. 11. However, Fig. 11 depicts the inflation assembly as nothing more than a block splotch with no discernible structure. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Allowable Subject Matter
Claims 1-3 and 6-11 are allowed.
Claims 4-5 and 12-19 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.
The following is a statement of reasons for the indication of allowable subject matter: Regarding claim 1, the primary reason for allowance is the inclusion of “a first mounting groove for mounting the anvil is formed at a top of the increased-diameter ring.”
The closest reference, Wang (CN 113136862 A), discloses a piling hammer comprising a hammer housing (11 – Fig. 1) and a ram (21 – Fig. 1) in the hammer housing; a pile sleeve (4 – Fig. 1) connected to a bottom of the hammer housing and comprising an upper pile sleeve (the portion of 4 above 41 – Fig. 1) and a lower pile sleeve (the portion of 4 including and below 41 – Fig. 1); and an anvil (22 – Fig. 1) disposed in the upper pile sleeve, wherein an increased-diameter ring (23 – Fig. 1) is disposed at a bottom of the anvil in the upper pile sleeve, a first mounting cavity (the cavity formed by 23 on the sides and 22 on the top – Fig. 1) is formed between an inner cavity of the increased-diameter ring and the anvil, a second mounting cavity (the cavity below 23 formed by the wall in the portion of 4 including and below 41 – Fig. 1) is formed between a bottom surface of the increased-diameter ring and an inner wall of the lower pile sleeve, and the second mounting cavity has a diameter greater than a diameter of the first mounting cavity (as can be seen in Fig. 1, the cavity increases below 23). Wang does not expressly disclose a hydraulic assembly. However, this is common in the field of endeavor and Wang could be easily modified based on knowledge in the art to include this feature. Wang also does not include a first mounting groove formed at a top of the increased-diameter ring. While Wang may be easily modified to include this feature, such a mounting groove is not taught in any of the prior art so there is no teaching to support this modification. Therefore, the subject matter of claim 1 is novel and non-obvious.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOMAS M WITTENSCHLAEGER whose telephone number is (571)272-7012. The examiner can normally be reached MON-FRI: 9:00-5:00.
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/THOMAS M WITTENSCHLAEGER/Primary Examiner, Art Unit 3731
2/18/2026