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 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.
Claims 1-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US 20260062266 A1 (Himmelsbach et al.).
Regarding claim 1, Himmelsbach et al. disclose:
A lift arm assembly (figure 7) for use on a two-post lift assembly (claim 14, line 2, “a least one lifting column”, the lift arm is able to be used on a two-post lift assembly) to engage a load to be lifted, the lift arm assembly comprising:
a lift arm (2, figure 7);
a receiver (receiver, annotated figure 7) positioned at an end of the lift arm; and
a contact member (1, figure 7) supported by the receiver and comprising an upper surface (top of 4) shaped to mate with a contact element (part of vehicle that contacts 4, not shown) of a load (claim 9, lines 3-4, “a support element (4), which is designed to bear a load to be lifted”) to be lifted to provide substantially non-slip engagement of the contact member with the contact element (paragraph [0018], “In a configuration in which the support element comprises a support plate, the latter may be coated with an adhesive material in order to secure, in a force-fitting manner, a load resting thereon against slipping.” Lines 1-4), wherein;
the upper surface (top of 4) shaped to mate with the contact element of the load is planarly rotatable for alignment with the contact element of the load (the upper surface of the contact element is planarly rotatable with the support arm about the rotation axis of the arm 2, “the support arm can be arranged on the lifting platform so as to be pivotable in a horizontal plane in order to be able to position the support device underneath the load to be lifted.” Paragraph [0010], lines 10-13).
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Figure 7 of Himmelsbach et al., annotated by the Examiner
Regarding claim 2, Himmelsbach et al. further disclose:
wherein the lift arm (2) is positionable relative to the load to position the contact member to engage the contact element of the load (paragraph [0010], lines 10-13, “In particular, the support arm can be arranged on the lifting platform so as to be pivotable in a horizontal plane in order to be able to position the support device underneath the load to be lifted.”).
Regarding claim 3, Himmelsbach et al. further disclose:
wherein the contact member comprises a mounting shaft (6) depending therefrom that is sized to be positioned in the receiver and having a length to position the upper surface of the contact member and the load supported thereon above the lift arm (figure 7).
Regarding claim 4, Himmelsbach et al. further disclose:
further comprising a spacer (21) between the contact member and the receiver (21 is between 4 of contact member 1 and the receiver) to position the contact member above the lift arm.
Regarding claim 5, Himmelsbach et al. further disclose:
wherein the upper surface of the contact member is formed with a protrusion or a recessed portion that mates with the contact element of the load (upper surface of 4 has both protrusions and recessed portions as shown in figure 7).
Regarding claim 6, Himmelsbach et al. further disclose:
wherein the contact member (1) comprises one or more contact adapters (4) that are each selectable (“support element 4 can be removed as required” paragraph [0057], lines 11-12, 4 is selectable as it can be removed and selected to be placed on the receiver), and a selected contact adapter provides the upper surface shaped to mate with the contact element of the load.
Regarding claim 7, Himmelsbach et al. further disclose:
wherein the contact member comprises:
a contact pad (5) having a centered aperture (14) formed therein;
a mounting shaft (6) depending from the contact pad and sized to be positioned in the receiver; and
a contact adapter (4) on which the upper surface shaped to mate with the contact element of the load is formed, the contact adapter having a depending stem (stem, annotated figure 7) sized for reception in the centered aperture formed in the contact pad to permit rotation (“relative rotational position” Abstract, line 12, rotation is permitted between 4 and both 5 and 21) of the contact adapter relative to the contact pad (the stem of 4 is sized to fit into the cavity 14 when used without spacer 21 or into cavity 25 when used with spacer 21); wherein;
the contact pad (5) forms an upper surface of the contact member (the top horizontal surface of 5 forms an upper surface of the contact member 1, particularly in the configuration shown in figures 3A, 3B without spacer 21).
Regarding claim 8, Himmelsbach et al. disclose:
A lift arm assembly (figure 7) for use on a two-post lift assembly (claim 14, line 2, “a least one lifting column”, the lift arm is able to be used on a two-post lift assembly) to engage a load to be lifted, the lift arm assembly comprising:
a lift arm (2);
a receiver (receiver, annotated figure 7) positioned at an end of the lift arm; and
a contact member (1) supported by the receiver and comprising a plurality of contact adapters (4, figure 4 and 4, figure 6, different embodiments of contact adapters), wherein each of the plurality of contact adapters is selectable such that an upper surface of a selected contact adapter is shaped to mate with a contact element of a load to be lifted to provide substantially non-slip engagement of the contact member with the contact element (claim 15 in its entirety, “wherein the support member comprises at least one of a support plate, a form-fitting element, or a support mandrel.”), wherein the selected contact adapter (4) is planarly rotatable for alignment with the contact element of the load (the contact adapter is planarly rotatable with the support arm about the rotation axis of the arm 2, “the support arm can be arranged on the lifting platform so as to be pivotable in a horizontal plane in order to be able to position the support device underneath the load to be lifted.” Paragraph [0010], lines 10-13).
Regarding claim 9, Himmelsbach et al. further disclose:
wherein the lift arm (2) is positionable relative to the load to position the contact member to engage the contact element of the load (paragraph [0010], lines 10-13, “In particular, the support arm can be arranged on the lifting platform so as to be pivotable in a horizontal plane in order to be able to position the support device underneath the load to be lifted.”).
Regarding claim 10, Himmelsbach et al. further disclose:
wherein the contact member comprises a mounting shaft (6) depending therefrom that is sized to be positioned in the receiver and having a length to position the upper surface of the contact member and the load supported thereon above the lift arm (figure 7).
Regarding claim 11, Himmelsbach et al. further disclose:
further comprising a spacer (21) between the contact member and the receiver (21 is between 4 of contact member 1 and the receiver) to position the contact member above the lift arm.
Regarding claim 12, Himmelsbach et al. further disclose:
wherein the upper surface of the selected contact adapter is formed with a protrusion or a recessed portion that mates with the contact element of the load (upper surface of 4 has both protrusions and recessed portions as shown in figure 7).
Regarding claim 13, Himmelsbach et al. further disclose:
wherein the contact member comprises:
a contact pad (5) having a centered aperture (14) formed therein;
a mounting shaft (6) depending from the contact pad and sized to be positioned in the receiver; wherein:
the selected contact adapter (4) has a depending stem (stem, annotated figure 7) sized for reception in the centered aperture formed in the contact pad to permit rotation (“relative rotational position” Abstract, line 12, rotation is permitted between 4 and both 5 and 21) of the selected contact adapter relative to the contact pad (the stem of 4 is sized to fit into the cavity 14 when used without spacer 21 or into cavity 25 when used with spacer 21).
Regarding claim 14, Himmelsbach et al. disclose:
A lift arm assembly (figure 7) for use on a two-post lift assembly (claim 14, line 2, “a least one lifting column”, the lift arm is able to be used on a two-post lift assembly) to engage a load to be lifted, the lift arm assembly comprising:
a lift arm (2);
a receiver (receiver, annotated figure 7) positioned at an end of the lift arm; and
a contact member (1) comprising a mounting shaft (6) positioned in the receiver, a receptacle (14 of 5, figure 5 or 25 of 21, figure 8 depending on configuration) for receiving a contact adapter (4), and one or more contact adapters (4), wherein each of the one or more contact adapters is selectable such that an upper surface of a selected contact adapter is shaped to mate with a contact element of a load to be lifted (claim 15 in its entirety, “wherein the support member comprises at least one of a support plate, a form-fitting element, or a support mandrel.”) to provide substantially non-slip engagement of the contact member with the contact element (paragraph [0018], “In a configuration in which the support element comprises a support plate, the latter may be coated with an adhesive material in order to secure, in a force-fitting manner, a load resting thereon against slipping.” Lines 1-4), and at least a portion of the selected contact adapter is removably received in the receptacle (stem, annotated figure 7, of adapter 4 is removably received in 25) and is planarly rotatable relative to the receptacle for alignment of the selected contact adapter with the contact element of the load (4 is planarly rotatable relative to receptacle 14 or 25 depending on the configuration between the first rotational position until it reaches the second rotational position, after 90 degrees of rotation the contact adapter 4 moves into the second rotational position and changes height).
Regarding claim 15, Himmelsbach et al. further disclose:
wherein the lift arm (2) is positionable relative to the load to position the contact member to engage the contact element of the load (paragraph [0010], lines 10-13, “In particular, the support arm can be arranged on the lifting platform so as to be pivotable in a horizontal plane in order to be able to position the support device underneath the load to be lifted.”).
Regarding claim 16, Himmelsbach et al. further disclose:
wherein the mounting shaft (6) has a length (depending on rotation of threads) to position the upper surface of the selected contact adapter (4) and the load supported thereon above the lift arm (figure 7).
Regarding claim 17, Himmelsbach et al. further disclose:
further comprising a spacer (21) between the contact member and the receiver (21 is between 4 of contact member 1 and the receiver) to position the contact member above the lift arm.
Regarding claim 18, Himmelsbach et al. further disclose:
wherein the upper surface of the selected contact adapter is formed with a protrusion (20, figure 6) that mates with the contact element of the load.
Regarding claim 19, Himmelsbach et al. further disclose:
wherein the upper surface of the selected contact adapter is formed with a recessed portion (recessed portion, annotated figure 7) that mates with the contact element of the load.
Regarding claim 20, Himmelsbach et al. further disclose:
wherein the contact member comprises:
a contact pad (5) having the receptacle (14) for receiving the contact adapter formed therein, the receptacle comprising a centered aperture (14 is a centered aperture) formed in the contact pad; wherein:
the mounting shaft (6) depends from the contact pad (5), and
the selected contact adapter (4) has a depending stem (stem, annotated figure 7) sized for reception in the centered aperture formed in the contact pad to permit rotation of the selected contact adapter relative to the contact pad (“relative rotational position” Abstract, line 12, rotation is permitted between 4 and both 5 and 21, and the stem of 4 is sized to fit into the cavity 14 when used without spacer 21 or into cavity 25 when used with spacer 21).
Response to Arguments
Applicant's arguments filed August 14, 2026 have been fully considered but they are not persuasive. Regarding the argument on page 12 of the Remarks that Himmelsbach does not teach or suggest a support device that rotates in a plane, the Examiner respectfully disagrees. The different components of the contact member of Himmelsbach are configured to be adjustable both rotationally within a plane and vertically. Regarding the amendment to claim 1, the upper surface of the contact member of Himmelsbach is planarly rotatable at least about the rotation axis of the lift arm as the lift arm is rotated for alignment with the load to be lifted. Similarly, regarding the amendment to claim 8, the contact adapter is planarly rotatable at least about the rotation axis of the lift arm. Claim 14, as amended, requires at least a portion of the contact adapter is planarly rotatable relative to the receptacle in which it is received. The contact adapter 4 of Himmelsbach is not threaded, rather it can be planarly rotated relative to the receptacle 14 or 25, depending on the configuration. There is a 90-degree rotational difference between the first rotational position and the second rotational position of the contact adapter 4 as noted in claim 5 of Himmelsbach. While there is a height difference between the two rotational positions there is no height change during the rotation until the contact adapter 4 reaches the second position, allowing for relative planar rotation for alignment between the two positions.
On page 13 of the Remarks, Applicant argues that Himmelsbach does not teach the limitation in amended claim 7 requiring the contact pad to form an upper surface of the contact member. Applicant’s contact pad 102 in figure 7 forms an upper surface that is located vertically below the contact adapters shown in the figure when any of the adapters are mounted to the contact pad as designed. Similarly, the contact pad 5 of Himmelsbach forms an upper surface of the contact member that is located below the contact adapter 4 when it is mounted to the contact pad as designed. The contact pad of Himmelsbach meets all of the limitations of claim 7 when read in light of Applicant’s specification.
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 MICHELLE M MUDWILDER whose telephone number is (571)272-6068. The examiner can normally be reached M-F 11:00 am - 7:30 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, ROBERT HODGE can be reached at (571)272-2097. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/M.M.M./Examiner, Art Unit 3654
/ROBERT W HODGE/Supervisory Patent Examiner, Art Unit 3654
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