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 .
Response to Amendment
The amendment filed on 04/13/2026 has been fully considered and made of record. As such, the objections to the specification and abstract, as outlined in the office action mailed 01/12/2026, have been withdrawn.
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 1-18 and 21 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.
The term “substantially” in claims 1 and 21 is a relative term which renders the claim indefinite. The term “substantially fixed” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The Specification does not provide a definition or clarity for what deviations from actually fixed would be understood to be contemplated by the Applicant at the time of filing or fairly understood by one having ordinary skill in the art.
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.
(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) 1-8, 10, 18, 21 and 22 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Grebinoski et al. (US 8,042,653, hereinafter “Grebinoski”).
As applied to claim 1, 21 and 22, Grebinoski teaches an apparatus (200, Fig. 1) for supporting a fuel unit, the apparatus comprising:
a) an engagement frame assembly (combination of 150/120A, 120b), Fig. 2) comprising:
i) a stationary internal frame (left and right stationary internal frames, see Annotated Fig. 9A) comprising a plurality of lateral frame sections (each frame made of a pair of 37a and 37b, Figs. 7A-7C) and a plurality of longitudinal frame sections (each frame made of plurality of 36’s, Figs. 7A-7C), wherein the plurality of lateral frame sections and the plurality of longitudinal frame sections are substantially fixed relative to each other (sections 36, 37a, 37b of each left and right frames are rigidly fixed to one another and as such, the sections do not separate from one another and thus considered stationary with respect to one another), wherein the stationary internal frame is dimensioned to engage a portion of a lift table to thereby inhibit movement of the stationary internal frame relative to the portion of the lift table, wherein the engagement frame assembly is configured to receive the fuel unit while the apparatus is removably coupled with the portion of the lift table (intended use limitation), and
(ii) a pair of adjustable ends (33 on the left and 33 on right, see Fig. 7A and Annotated Fig. 9A) comprising a first adjustable end and a second adjustable end, wherein the first adjustable end is configured to longitudinally actuate relative to the stationary internal frame to thereby adjust a length of the engagement frame assembly (intended use limitation but adjustment is shown from Fig. 1 to Fig. 2), and wherein the second adjustable end is configured to longitudinally actuate relative to the stationary internal frame to thereby adjust the length of the engagement frame assembly (intended use limitation but adjustment is shown from Fig. 1 to Fig. 2); and
b) a plurality of legs (1a, 1b, Figs. 1 and 2) movably attached to the stationary internal frame (see Annotated Fig. 9A below), each leg of the plurality of legs being configured to transition between an extended configuration and a retracted configuration, wherein the extended configuration is configured to allow a foot of a respective leg to contact a floor, wherein the retracted configuration is configured to prevent the foot of the respective leg from contacting the floor (intended use limitation but the plurality of legs are retracted as shown in Fig. 9A and extended as shown in Figs. 1 and 2 allowing the feet to contact a floor).
The limitations of ”wherein the stationary internal frame is dimensioned to engage a portion of a lift table to thereby inhibit movement of the frame relative to the portion of the lift table, wherein the engagement frame assembly is configured to receive the fuel unit while the apparatus is removably coupled with the portion of the lift table,” “configured to longitudinally actuate relative to the stationary internal frame to thereby adjust a length (and the length) of the engagement frame assembly” and “each leg of the plurality of legs being configured to transition between an extended configuration and a retracted configuration, wherein the extended configuration is configured to allow a foot of a respective leg to contact a floor, wherein the retracted configuration is configured to prevent the foot of the respective leg from contacting the floor” are considered to be intended use limitations. Although the recitations have been fully considered, it carries limited patentable weight. The applicant is reminded that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the structural limitations of the claim, as is the case here; refer to MPEP 2114-II. In the instant case, the apparatus of Grebinoski meets all of the structural limitations, as claimed, and is capable of performing the limitations above.
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As applied to claim 2, Grebinoski teaches the invention cited including wherein the frame comprises at least one downwardly presented tab (end tab of 37a, see Annotated Fig, 9A).
As applied to claim 3, Grebinoski teaches the invention cited including wherein the at least one downwardly presented tab is configured to removably couple the apparatus with the portion of the lift table (intended use limitation but downwardly presented ends of each of 37a’s is capable of removably couple the apparatus with the portion of the table depending how the portion is designed).
As applied to claim 4, Grebinoski teaches the invention cited including wherein the at least one downwardly presented tab is configured to removably couple with the portion of the lift table via a pin (intended use limitation but tabs are capable of removably couple with the portion of the lift table via a pin as required).
As applied to claim 5, Grebinoski teaches the invention cited including wherein the at least one downwardly presented tab is dimensioned to be inserted within a bracket of the lift table (intended use limitation but tabs are dimensioned such that are capable of be inserted within a bracket of the lift table).
As applied to claim 6, Grebinoski teaches the invention cited including wherein the at least one downwardly presented tab is attached to a first lateral frame section (downwardly end of 37a is attached to the rest of 37a and 37b) of the plurality of lateral frame sections (see Figs. 7A-7C).
As applied to claim 7, Grebinoski teaches the invention cited including wherein the at least one downwardly presented tab extends downwardly from the first lateral frame section of the plurality of lateral frame sections (bent section of 37a extends from the end of 37a, see Figs. 7A-7C).
As applied to claim 8, Grebinoski teaches the invention cited including wherein a first longitudinal frame section of the plurality of longitudinal frame sections is dimensioned to engage a side surface of the portion of the lift table (intended use limitation but the first longitudinal frame section 36 of plurality of 36’s is capable to engage a side surface of the portion of the lift table).
As applied to claim 10, Grebinoski teaches the invention cited including wherein the plurality of longitudinal frame sections comprises a plurality of hollow frame sections (frame sections 36, Fig. 7A-7C).
As applied to claim 18, Grebinoski teaches the invention cited including wherein each leg of the plurality of legs are pivotable between the extended configuration and the retracted configuration (using pivot plates 26 and 27, Fig. 1-2, 6A, 9A-9B).
Allowable Subject Matter
Claims 9 and 11-17 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.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 SARANG AFZALI whose telephone number is (571)272-8412. The examiner can normally be reached M-F 7 am - 4 pm EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Thomas Hong can be reached at 571-272-0993. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SARANG AFZALI/Primary Examiner, Art Unit 3726 04/24/2026
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