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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 07/27/2026 has been entered.
Response to Amendment
The amendment filed on 07/27/2026 has been fully considered and made of record. As such, the rejection of claims 1-18 and 21-22 under 112(b), as outlined in the office action mailed 04/28/2026, have been withdrawn.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.
Claim 21 is 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.
In claim 21, the newly added limitation of “the plurality of legs including at least three legs configured to move independently of the other legs of the plurality of legs” appears to be a New matter at worst and unclear and vague at best (emphasis added). The original disclosure including specification and drawings appears to provide support for only four legs to be the plurality of legs. The claim, as presently amended, recites “the plurality of legs including at least three legs” are configured to move independently. Therefore, once three legs are identified then the recitation of “independently of the other legs of the plurality of legs” appears to be incorrect as there is only one leg (and not legs) is remained
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) 1-9, 11-13, 18, 21 and 22 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gooday (GB 2478730 A).
As applied to claim 1, 21 and 22, Gooday teaches an apparatus for supporting a fuel unit, the apparatus comprising:
a) an engagement frame assembly (20, abstract, Figs. 1-4) comprising:
i) a stationary internal frame (see Revised Annotated Figure 1 below) comprising a plurality of lateral frame sections and a plurality of longitudinal frame sections, wherein the plurality of lateral frame sections and the plurality of longitudinal frame sections are fixed relative to each other (the plurality of lateral frame sections are stationary and in fixed position relative to one another in X-direction; the plurality of longitudinal frame sections are stationary and in fixed position relative to one another in Y-direction), 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 comprising a first adjustable end and a second adjustable end (see Revised Annotated Figure 1 below), 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 1st adjustable end is actuated relative to the plurality of longitudinal frame section as shown in Revised Annotated Figure 1 below to Figure 3), 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 2nd adjustable end is actuated relative to the plurality of longitudinal frame section as shown in Revised Annotated Figure 1 below to Figure 3); and
b) a plurality of legs including at least 3 legs (see 4 foldable/pivotable legs see Revised Annotated Figure 1 below) movably attached to the stationary internal frame (attached by way of adjustable ends and adjustable side sections, see Revised Annotated Figure 1 below), each leg of the plurality of legs being configured to transition between an extended configuration and a retracted configuration independent of the other any other/other legs of the plurality/at least three legs, 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 30 are retracted as shown in Figs. 3-4 and extended as shown in Revised Annotated Figure 1 below allowing the feet 32 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 Gooday 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, Gooday teaches the invention cited including wherein the frame comprises at least one downwardly presented tab (40, see Revised Annotated Figure 1 above).
As applied to claim 3, Gooday teaches the invention cited including wherein the at least one downwardly presented tab (40) is configured to removably couple the apparatus with the portion of the lift table (intended use limitation but tabs 40 are capable of removably couple the apparatus with the portion of the table).
As applied to claim 4, Gooday teaches the invention cited including wherein the at least one downwardly presented tab (40) is configured to removably couple with the portion of the lift table via a pin (intended use limitation but tabs 40 are capable of removably couple with the portion of the table).
As applied to claim 5, Gooday 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 40 are dimensioned such that are capable of be inserted within a bracket of the lift table).
As applied to claim 6, Gooday teaches the invention cited including wherein the at least one downwardly presented tab (40) is attached to a first lateral frame section of the plurality of lateral frame sections (40 is attached to both 1st and 2nd lateral frame sections by means of adjustable ends and adjustable side sections, see Revised Annotated Figure 1 above).
As applied to claim 7, Gooday teaches the invention cited including wherein the at least one downwardly presented tab (40) extends downwardly from the first lateral frame section (see Revised Annotated Figure 1 above showing 40 extended downward from both 1st and 2nd lateral frame sections).
As applied to claim 8, Gooday 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 and second longitudinal frame section 22 as shown in Revised Annotated Figure 1 above is dimensioned such that is capable to engage a side surface of the portion of the lift table).
As applied to claim 9, Gooday teaches the invention cited including wherein the frame comprises a support gusset (40, see Revised Annotated Figure 1 above) attached to a first longitudinal frame section of the plurality of longitudinal frame sections and a first lateral frame section of the plurality of lateral frame sections.
As applied to claims 11 and 12, Gooday teaches the invention cited including further comprising a pair of adjustable side sections (see Revised Annotated Figure 1 above) slidably coupled with the plurality of lateral frame sections (see Revised Annotated Figure 1 above) and wherein each adjustable side section of the pair of adjustable side sections comprises a retainment tab (26, Figure 2).
As applied to claim 13, Gooday teaches the invention cited including wherein the pair of adjustable side sections comprises a first adjustable side section and a second adjustable side section, wherein the first adjustable side section comprises a first hollow frame section, and wherein the second adjustable side section comprises a second hollow frame section (see Revised Annotated Figure 1 above).
As applied to claim 18, Gooday teaches the invention cited including wherein each leg of the plurality of legs (30s) are pivotable (around axle 42, Description, page 3, lines 1-6) between the extended configuration (Figures 1-2) and the retracted configuration (Figures 3-4).
Claim(s) 1-9, 18, 21 and 22 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hu (CN 209421562 U).
As applied to claims 1, 18, 21 and 22, Hu teaches an apparatus (1, see Annotated Figures 1 and 2 below) for supporting a fuel unit, the apparatus comprising:
a) an engagement frame assembly (combination of all elements shown in Annotated Figures 1 and 2 below) comprising:
i) a stationary internal frame comprising a plurality of lateral frame sections and a plurality of longitudinal frame sections, wherein the plurality of lateral frame sections and the plurality of longitudinal frame sections are fixed relative to each other (see Annotated Figure 2 showing all identified sections of frame 21 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 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 Annotated Figure 1 to Annotated Figure 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 Annotated Figures 1 and 2 below); and
b) a plurality of legs including at least 3 legs (see Annotated Figures 1 and 2 below showing four legs 3) movably attached to the stationary internal frame (attached to frame 21 at hinge points 21111), each leg of the plurality of legs being configured to transition between an extended configuration and a retracted configuration independent of the other any other/other legs of the plurality/at least three legs, 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 pivotably retracted as shown in Figure 3 and pivotably extended as shown in Figures 1-2 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 Hu 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, Hu teaches the invention cited including wherein the stationary internal frame comprises a at least one downwardly presented tab (231, see Annotated Figure 2 above).
As applied to claim 3, Hu teaches the invention cited including wherein the at least one downwardly presented tab (231) is configured to removably couple the apparatus with the portion of the lift table (intended use limitation but tab 231 is capable of removably couple the apparatus with the portion of the table).
As applied to claim 4, Hu teaches the invention cited including wherein the at least one downwardly presented tab (231) is configured to removably couple with the portion of the lift table via a pin (intended use limitation but tab 231 is capable of removably couple with the portion of the table).
As applied to claim 5, Hu teaches the invention cited including wherein the at least one downwardly presented tab (231) is dimensioned to be inserted within a bracket of the lift table (intended use limitation but tab 231 is dimensioned such that are capable of be inserted within a bracket of the lift table).
As applied to claim 6, Hu teaches the invention cited including wherein the at least one downwardly presented tab (231) is attached to a first lateral frame section of the plurality of lateral frame sections (see Annotated Figure 2 above).
As applied to claim 7, Hu teaches the invention cited including wherein the at least one downwardly presented tab (231) extends downwardly from the first lateral frame section of the plurality of lateral frame sections (see Annotated Figure 2 above).
As applied to claim 8, Hu 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 shown in Annotated Figure 1 above is capable to engage a side surface of the portion of the lift table).
As applied to claim 9, Hu teaches the invention cited including wherein the stationary internal frame comprises a support gusset (231, see Annotated Figure 2 above) attached to a first longitudinal frame section of the plurality of longitudinal frame sections and a first lateral frame section of the plurality of lateral frame sections (gusset is attached to the frame assembly and as such, is attached to all the lateral and longitudinal sections of the frame assembly).
Claim(s) 1, 8, 18, 21 and 22 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Choi (US 20220400845A1).
As applied to claim 1, 18, 21 and 22, Choi teaches an apparatus (100, Fig. 1) for supporting a fuel unit, the apparatus comprising:
a) an engagement frame assembly (1 and 2, Fig. 1) comprising:
i) a stationary internal frame (mesh panel 4, paragraph [0060], Fig. 1) comprising a plurality of lateral frame sections and a plurality of longitudinal frame sections, wherein the plurality of lateral frame sections and the plurality of longitudinal frame sections are fixed relative to each other (mesh panel 4 includes plurality of lateral and longitudinal frame sections), 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 comprising a first adjustable end (a1 including table top 11, paragraphs [0040] and [0061], Fig. 1) and a second adjustable end (a2 including table top 12, paragraphs [0040] and [0061], Fig. 1), 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 Annotated Figure 1 to Annotated Figure 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 Fig. 4A); and
b) a plurality of legs including at least 3 legs (see three sets of foldable/pivotable leg assemblies 22, abstract, paragraph [0052], Figs. 1, 2A, 4A, 5C) movably attached to the stationary internal frame (attached to mesh 4 by means of b1 and b2, Fig. 2A), each leg of the plurality of legs being configured to transition between an extended configuration and a retracted configuration independent of the other any other/other legs of the plurality/at least three legs, 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 leg assemblies 22 are retracted as shown in Fig. 5C and extended as shown in Figs. 1, and 4C 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 Choi meets all of the structural limitations, as claimed, and is capable of performing the limitations above.
As applied to claim 8, Choi 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 of mesh 4 is capable to engage a side surface of the portion of the lift table).
Claim Rejections - 35 USC § 103
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 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(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”) in view of Vanen Hoek et al. (US 4,723,629, hereinafter “Vanden Hoek”).
As applied to claims 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 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 at least 3 legs (legs 6 and 7 of first section 1a and legs 6 and 7 of second section 1b for a total of 4 legs, see Figs. 1, 2 and 4) 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.
Although Grebinoski teaches that a first pair of the plurality of legs of first ladder section (1a) is movable between extended and retracted configurations independent of the second pair of plurality of legs of second ladder section (1b), however, does not explicitly teach that each of the plurality of legs including at least three legs is configured to transition from extended configuration and retracted configuration independent of the other legs of the plurality of legs.
Vanden Hoek teaches that it is well-known in the field of adjustable ladders to employ auxiliary extension leg assemblies to selectively position the legs independently of each other and locked in a desired position for supporting the ladder on irregular terrain in a stable manner (abstract, Figs. 1-10). Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to employ auxiliary legs selectively positioned independently from each of the other legs, in the apparatus of Grebinoski, as taught Vanden Hoek, as an effective means of supporting the apparatus on irregular ground in a stable manner.
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As applied to claim 2, Grebinoski as modified by Vanden Hoek teaches the invention cited including Grebinoski further teaches wherein the frame comprises at least one downwardly presented tab (end tab of 37a, see Annotated Fig, 9A).
As applied to claim 3, Grebinoski as modified by Vanden Hoek teaches the invention cited including Grebinoski further teaches 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 as modified by Vanden Hoek teaches the invention cited including Grebinoski further teaches 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 as modified by Vanden Hoek teaches the invention cited including Grebinoski further teaches 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 as modified by Vanden Hoek teaches the invention cited including Grebinoski further teaches 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 as modified by Vanden Hoek teaches the invention cited including Grebinoski further teaches 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 as modified by Vanden Hoek teaches the invention cited including Grebinoski further teaches 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 as modified by Vanden Hoek teaches the invention cited including Grebinoski further teaches 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 as modified by Vanden Hoek teaches the invention cited including Grebinoski further teaches 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).
Claim(s) 1, 9, 18, 21 and 22 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ripking (US 543,053) in view of Hu (CN 209421562 U).
As applied to claims 1, 18, 21 and 22, Ripking teaches an apparatus (table in Fig. 6) for supporting a fuel unit, the apparatus comprising:
a) an engagement frame assembly (page 1, left column, lines 8-22, Figs. 1-7) comprising:
i) a stationary internal frame (main frame comprising end bars 1 connected to side bars 2 connected to transverse bar 4 with guides/keepers 5 ) comprising a plurality of lateral frame sections (end bars 1) and a plurality of longitudinal frame sections (side bars 2), wherein the plurality of lateral frame sections and the plurality of longitudinal frame sections are fixed relative to each other (bars 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 (tabletops sections 6, 6) comprising a first adjustable end (section 6 on left side in Figs. 1 and 6) and a second adjustable end (section 6 on right side, Figs. 1 and 6), 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. 6 to Fig. 1), 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. 6 to Fig. 1); and
b) a plurality of at least 3 legs (four total legs 3 in Figs. 1, 3 and 6) movably attached to the stationary internal frame (the legs 3 can be moved or installed and uninstalled to/from the frame).
Ripking does not explicitly teach that each of the plurality of legs including at least three legs is configured to transition from extended configuration and retracted configuration independent of the other legs of the plurality of legs (as in claims 1, 21, 22) and that wherein each leg of the plurality of legs are pivotable between the extended configuration and the retracted configuration.
Hu teaches an adjustable table comprising a plurality of legs including at least three legs (see four legs 3) wherein each leg of the plurality of legs being configured to transition (pivot) 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 3 are retracted as shown in Figure 3 and extended as shown in Figures 1-2 allowing the feet to contact a floor). Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to have modified the legs of the apparatus of Vanden Hoek to be pivotably adjustable and each be selectively positioned independently from each of the other legs, as taught Hu, as an effective means of allowing the apparatus to be folded to have a small storing footprint and convenient to transport (see Hu, abstract).
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 Ripking as modified by Hu meets all of the structural limitations, as claimed, and is capable of performing the limitations above.
As applied to claim 9, Ripking as modified by Hu teaches the invention cited including Ripking further teaches wherein the stationary internal frame comprises a support gusset (5, Figure 1) attached to a first longitudinal frame section of the plurality of longitudinal frame sections and a first lateral frame section of the plurality of lateral frame sections (gusset 5 is attached to the slides 7 of frame assembly and as such, is attached to all the lateral and longitudinal sections of the frame assembly).
Allowable Subject Matter
Claims 14-17 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including 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 14, the prior art of record fails to teach or fairly suggest the claimed apparatus including wherein the pair of adjustable ends comprises the first adjustable end and the second adjustable end, wherein the first adjustable end comprises a first longitudinal bar and a second longitudinal bar, wherein the first longitudinal bar is slidably housed within the first hollow frame section, and wherein the second longitudinal bar is slidably housed within the second hollow frame section in combination with the rest of the limitations of the base claim and intervening claims.
Regarding claim 17, the prior art of record fails to teach or fairly suggest the claimed apparatus including wherein the plurality of lateral frame sections comprise a plurality of hollow frame sections in combination with the rest of the limitations of the base claim and intervening claims.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-18, 21 and 22 have been considered but are moot because the new ground of rejection does not rely on any combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Daudelin (US 572,698) teaches a work table with extensions in length and width directions including pivotable legs (Figs. 1-7).
Messier (US 2,603,500) teaches a table with foldable extensions (Figs. 1-2).
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/SARANG AFZALI/Primary Examiner, Art Unit 3726 08/03/2026
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