Office Action 2: Final Rejection (2024-07-18)
Rejection types: 103 - Obviousness

CLAIMS:
AMENDMENTS TO THE CLAIMS

What is claimed is:

1\. (Currently Amended) A support for ovableroofs and facades comprising two load-introduction plates, a connection plate, and a mechanical interface, wherein the connection plate is rotatably connected to one of the load-introduction plates by means of a respective first rotary bearing, wherein the mechanical interface comprises at least one first bearing plate with a bearing bores at least one second bearing plate having a bearing bore, the second bearing plate being disposed on the connection plate, and a bearing pin, wherein an axis of rotation of a second rotary bearing formed by the bearing bores and the bearing pin runs parallel to a direction of travel (X-direction) of the support.
2\. (Currently Amended) The support according to claim 1, characterized in that the first rotary bearings between the connection plate and a load application plate comprise a bearing pin and a recess interacting with the bearing pin, and in that the axes of rotation of the first rotary bearings formed thereby run orthogonally to a direction of travel (X-direction) of the support.
3\. (Currently Amended) The support according to claim 1, characterized in that the connection plate has a recess approximately in its center, in that the at least one second bearing plate is arranged on the connection plate in such a way that the bearing bore(s) is positioned beneath the connection plate.
4\. (Currently Amended) The support according to claim 1, characterized in that the connection plate has a reinforcement on its upper side, and in that the at least one second bearing plate is connected to the reinforcement.
5\. (Currently Amended) The support according to claim 1, characterized in that the first bearing plate at its end opposite the bearing bore is connected to a support or a flange plate.

6\. (Currently Amended) The support according to claim 1, characterized in that the connection plate has two side walls, in that at least one retaining part is releasably fastened to the side walls, and in that the retaining part or parts surrounds or surround at least one of the load-introduction plates.
7\. (Currently Amended) The support according to claim 1, characterized in that the load-introduction plate is part of a linear guide, and in that the linear guide comprises one or more carriages and a guide rail.
8\. (Currently Amended) The support according to claim 7, characterized in that the in each case one load-introduction plate is releasably connected to a carriage of the linear guide.

OFFICE ACTION:
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 § 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(s) 1-3, 5, and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent No. 5,896,708 to Doi et al. (“Doi”).
Regarding claim 1, Doi in Fig. 5 discloses a support for movable roofs and facades comprising a load introduction plate (Ra), a connection plate (56), and a mechanical interface (52, 53, 55), wherein the connection plate (56) is rotatably connected to the load-introduction plate (Ra) by means of a respective first rotary bearing (57), wherein the mechanical interface comprises at least one first bearing plate (52) with a bearing bore (where 53 is inserted), at least one second bearing plate (55) having a bearing bore (where 53 is inserted), the second bearing plate (55) being disposed on the connection plate (56), and a bearing pin (53), wherein an axis of rotation of the second rotary bearing formed by the bearing bores and the bearing pin (53) runs parallel to a direction of travel (X-direction extending out of the page) of the support.
Doi does not disclose two load-introduction plates (Ra). It has been held that a mere duplication of parts, such as the duplication of the load-introduction plates, has no patentable significance unless a new and unexpected result is produced. A duplication of parts is generally recognized as being within the level of ordinary skill in the art. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1955). Duplicating the plates (Ra) would allow for longer spans.
Regarding claim 2, Doi discloses that the rotary bearings between the connection plate (56) and a load -introduction plate (Ra) comprise a bearing pin (pin through 57) and a recess interacting with the bearing pin (pin through 57), and in that the axes of rotation of the rotary bearings formed thereby run orthogonally to a direction of travel (X-direction) of the support.
Regarding claim 3, Doi discloses that the connection plate (56) has a reinforcement (upstanding central flange of 56 through which pin 54 is inserted) on its upper side, and in that the at least one second bearing plate (139) is connected to the reinforcement (135).
Regarding claim 5, Doi discloses that a first bearing plate (52) at its end opposite the bearing bore (through which 53 is inserted) is connected to a support (1a) or a flange plate.
Regarding claim 7, Doi discloses that the load -introduction plate (Ra) is part of a linear guide, and in that the linear guide comprises one or more carriages (58) and a guide rail (Rg).
Allowable Subject Matter
Claims 3, 6, and 8 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.
None of the prior art alone or in obvious combination discloses applicant’s invention as recited in claims 3, 6, and 8. The closest prior art to Doi discloses the bearing bore above, not beneath the connection plate, the connection plate does not surround the load -introduction plate which is spaced from the connection plate, and does not disclose the load -introduction plate connected to carriage of a guide. Moreover cited art DE102020122733.7 is commonly owned and published after the effective filing date of the instant application and therefore does not constitute as prior art.
Response to Arguments
Applicant's arguments filed 6/21/2024 have been fully considered but they are not persuasive.
Applicant's arguments fail to comply with 37 CFR 1.111(b) because they amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references.
Applicant's arguments do not comply with 37 CFR 1.111(c) because they do not clearly point out the patentable novelty which he or she thinks the claims present in view of the state of the art disclosed by the references cited or the objections made. Further, they do not show how the amendments avoid such references or objections.
Mere finding of novelty or inventive step by the International searching authority is not necessarily determinative in applications coming before the Office. The examiner continues to assert that the claims are not allowable over the cited references, as explained in detailed in the 35 U.S.C. 103 rejection above. One reason being is that the examiner interpreted Doi differently with other structures of Doi anticipating or rendering obvious the claimed structure. Moreover, the language of the claims as currently written do not require three rotary bearings with each of the two load-introduction plates requiring a bearing as cited by the International Search Authority as the reason for the finding of inventive step. While the claim requires two load-introduction plates, the claim does not appear to require for each of the two load-introduction plates to have a first rotary bearing.
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 extension fee 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.

APPLICANT REBUTTAL: Remarks
In the present amendment, as set forth above, claim 1 is amended to specify that each of the load introduction plates is rotatably connected to the connecting plate by means of a first rotary bearing. The claim had previously been amended to conform with the claims as indicated as allowable in the Written Opinion of the International Searching Authority dated November 4, 2022, in respect of the PCT application from which the present application has been filed. No new matter has been introduced.
In the action, claims 1-3, 5 and 7 were rejected under 35 U.S.C. 103 as being unpatentable over US Patent 5,896,708 to Doi. Claims 3, 6 and 8 were all indicated as being allowable.
The amended claim 1 requires a total of three rotary bearings. "Doi"" does not show such a console and does not suggest it. The examiner identifies the element (Ra) in "Doi" as a load introduction plate. Applicant contends, however, that this is inaccurate. The element (Ra) is a rail and not a "plate" (cf. column 1, lines 39-47 of "Doi"). The element (56) identified as a "connecting plate" runs on the rail (Ra) by means of a wheel (57). However, the wheel (57) does not constitute a rotary bearing for the element (56) or a rotatably mounted connection with the element (56) within the meaning of amended claim 1.
Furthermore, the examiner identifies the element (55) as the second bearing plate according to amended claim 1. Applicant contends that this too is inaccurate. The element (55) in "Doi" is not a "plate" but a joint (cf. column 1, lines 28-34 of "Doi").
The examiner argues that it would be obvious for the skilled person to duplicate the element
(Ra) and that the skilled person would thus arrive at the subject-matter of amended claim 1. This is not convincing. "Doi" already discloses that the element (Ra) can be present more than once (cf. elements (Ra, Rc) in Fig. 4 of "Doi"). However, "Doi" teaches that these elements (Ra, Rc) are not connected to each other by means of a connecting plate.
It is not apparent how and why the skilled person would form two elements (Ra, Rc), each by means of a first rotary bearing, and connect them each by means of the first rotary bearing to a common connecting plate, as required by amended claim 1. He has no reason to do so, nor does the teaching of "Doi" provide any indications in this direction. He would not only have to
completely ignore the entire teaching, but would have to act specifically in the opposite direction. He would also have to restructure and construct the "Doi" console from scratch. However, such an action corresponds to a retrospective/hindsight approach, which is inadmissible for the assessment of patentability.
Applicant would like to mention the claims (even prior to this amendment) have been indicated as allowable in the international search report, and have been allowed/granted in the parallel EP proceeding.
It is believed that the application is in condition for allowance and such allowance is respectfully requested. The Examiner is urged to contact the undersigned should she have any questions concerning the foregoing. Dated: September 25, 2024
Respectfully submitted, BY:

NEXT OFFICE 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 09/25/2024 has been entered.
Reasons for Allowance
The following is an examiner’s statement of reasons for allowance: Claims 1-8 are allowable for the reasons set forth on pages 4-5 of applicant’s Remarks dated 09/25/2024.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee.  Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion

CITED REFERENCE SUMMARIES: Ref US20200181900A1: Claims:
A movable long-span structure comprising: at least one long-span assembly; a plurality of first transport devices fixedly engaged with a first region of the at least one long-span assembly; a plurality of second transport devices engaged with a second region of the at least one long-span assembly, wherein the second region is spaced a distance from the first region; and a plurality of slide bearing assemblies, wherein each of the plurality of slide bearing assemblies secures one of the plurality of second transport devices to the at least one long-span assembly and enables movement of the second region of the at least one long-span assembly relative to the first region thereof.
at least one long-span assembly;
a plurality of first transport devices fixedly engaged with a first region of the at least one long-span assembly;
a plurality of second transport devices engaged with a second region of the at least one long-span assembly, wherein the second region is spaced a distance from the first region; and
a plurality of slide bearing assemblies, wherein each of the plurality of slide bearing assemblies secures one of the plurality of second transport devices to the at least one long-span assembly and enables movement of the second region of the at least one long-span assembly relative to the first region thereof.
The movable long-span structure according to claim 1 , wherein each of the plurality of first transport devices is a first bogie and each of the plurality of second transport devices is a second bogie, and wherein the movable long-span structure further comprises: a first rail and a second rail oriented parallel to each other, wherein each the plurality of first bogies is engaged with the first rail and each of the plurality of second bogies is engaged with the second rail; and wherein the plurality of first bogies and the plurality of second bogies are actuatable to move the at least one long-span assembly in one of a first direction and a second direction.
a first rail and a second rail oriented parallel to each other,
wherein each the plurality of first bogies is engaged with the first rail and each of the plurality of second bogies is engaged with the second rail; and
wherein the plurality of first bogies and the plurality of second bogies are actuatable to move the at least one long-span assembly in one of a first direction and a second direction.
The movable long-span structure according to claim 1 , wherein each of the plurality of second transport devices comprises: a body having a top, a bottom, a first end, a second end, and a first side and a second side extending between the first end and the second end; wherein the body has a longitudinal axis extending between the first end and the second end; one or more wheel assemblies provided on the body, said one or more wheel assemblies being actuatable to move the body in one of a first direction and a second direction along a pathway; and a slide bearing engaged in part with the body and in part with the at least one long-span assembly.
a body having a top, a bottom, a first end, a second end, and a first side and a second side extending between the first end and the second end; wherein the body has a longitudinal axis extending between the first end and the second end;
one or more wheel assemblies provided on the body, said one or more wheel assemblies being actuatable to move the body in one of a first direction and a second direction along a pathway; and
a slide bearing engaged in part with the body and in part with the at least one long-span assembly.
The movable long-span structure according to claim 3 , wherein the slide bearing comprises: a lower bearing plate fixedly engaged with the body; and a upper bearing plate fixedly engaged with the at least one long-span assembly; wherein the upper bearing plate is configured to slide relative to the lower bearing plate.
a lower bearing plate fixedly engaged with the body; and
a upper bearing plate fixedly engaged with the at least one long-span assembly; wherein the upper bearing plate is configured to slide relative to the lower bearing plate.
The movable long-span structure according to claim 4 , wherein a movement axis of one or both of the lower bearing plate and the upper bearing plate is oriented at right angles to the longitudinal axis of the body.
The movable long-span structure according to claim 4 , further comprising one of a low-friction material and a friction-reducing surface applied to an upper surface of the lower bearing plate and the other of the low-friction material and the friction-reducing surface applied to a lower surface of the upper bearing plate.
A system for moving a long-span structure relative to a base member; said system comprising: at least one first bogie engaged proximate a first end of a long-span structure and movable along a first track; and at least one second bogie engaged proximate a second end of the long-span structure and movable along a second track;
at least one first bogie engaged proximate a first end of a long-span structure and movable along a first track; and
at least one second bogie engaged proximate a second end of the long-span structure and movable along a second track;
wherein the first end and the second end of the long-span structure are spaced laterally apart from each other; and the first track and second track extend longitudinally; and wherein each of the at least one second bogie includes a slide bearing assembly interposed between a body of the at least one second bogie and the long-span structure.
The system according to claim 7 , wherein the at least one first bogie and the at least one second bogie are actuatable to move in unison along the first track and second track in one of a first longitudinal direction and a second longitudinal direction and thereby move the long-span structure relative to a base member in the one of the first longitudinal direction and the second longitudinal direction.
The system according to claim 7 , wherein the bearing assembly includes a lower bearing plate engaged with the body and a upper bearing plate engaged with the long-span structure; and wherein the upper bearing plate slides laterally relative to the lower bearing plate as the long-span structure undergoes one of thermal expansion and thermal contraction.
A bogie for supporting a long-span structure, said bogie comprising: a body having a top, a bottom, a first end, a second end, and a first side and a second side extending between the first end and the second end; wherein the body has a longitudinal axis extending between the first end and the second end; a drive system provided on the body, said drive system being actuatable to move the body in one of a first longitudinal direction and a second longitudinal direction along a pathway; and a bearing assembly provided on the body; said bearing assembly being adapted to be engaged with a long-span structure.
a drive system provided on the body, said drive system being actuatable to move the body in one of a first longitudinal direction and a second longitudinal direction along a pathway; and
a bearing assembly provided on the body; said bearing assembly being adapted to be engaged with a long-span structure.
The bogie according to claim 10 , wherein the bearing assembly comprises: a lower bearing plate fixedly engaged with the body; and a upper bearing plate fixedly engaged with the long-span structure;
a upper bearing plate fixedly engaged with the long-span structure;
wherein the upper bearing plate is configured to slide relative to the lower bearing plate.
The bogie according to claim 11 , wherein one or both of the lower bearing plate and the upper bearing plate is oriented at right angles to the longitudinal axis of the body and the upper bearing plate slides substantially parallel to a lateral axis of the body, wherein the lateral axis is oriented at right angles to the longitudinal axis of the body.
A method of moving a long-span structure comprising: mounting a first rail and a second rail to a support structure such that the first rail and second rail are parallel and spaced apart; engaging a plurality of first transport devices on the first rail; fixedly securing each of the plurality of first transport devices to a first region of a movable long-span structure; engaging a plurality of second transport devices on the second rail; securing a bearing assembly provided on each of the plurality of second transport devices to a second region of the movable long-span structure; actuating the plurality of first transport devices and the plurality of second transport devices; and moving the long span-structure along the first rail and the second rail from a first position to a second position remote from the first position.
mounting a first rail and a second rail to a support structure such that the first rail and second rail are parallel and spaced apart;
engaging a plurality of first transport devices on the first rail;
fixedly securing each of the plurality of first transport devices to a first region of a movable long-span structure;
engaging a plurality of second transport devices on the second rail;
securing a bearing assembly provided on each of the plurality of second transport devices to a second region of the movable long-span structure;
actuating the plurality of first transport devices and the plurality of second transport devices; and
moving the long span-structure along the first rail and the second rail from a first position to a second position remote from the first position.
The method according to claim 13 , further comprising: thermally expanding or thermally contracting the long-span-structure; and sliding a slider plate of the bearing assembly of each of the plurality of second transport devices laterally with respect to the second rail.
thermally expanding or thermally contracting the long-span-structure; and
sliding a slider plate of the bearing assembly of each of the plurality of second transport devices laterally with respect to the second rail.
The method according to claim 14 , wherein the sliding includes: sliding the slider plate in a lateral first direction when the long-span structure thermally expands and sliding the slider plate in a lateral second direction when the movable long-span structure contracts.
sliding the slider plate in a lateral first direction when the long-span structure thermally expands and sliding the slider plate in a lateral second direction when the movable long-span structure contracts.
The method according to claim 14 , further comprising: substantially preventing lateral movement of the first region of the long-span structure with the plurality of first transport devices.
substantially preventing lateral movement of the first region of the long-span structure with the plurality of first transport devices.
The method according to claim 16 , further comprising: permitting lateral movement of the second region of the long-span structure with the bearing assembly of each of the plurality of second transport devices.
permitting lateral movement of the second region of the long-span structure with the bearing assembly of each of the plurality of second transport devices.
The method according to claim 14 , further comprising forcing growth of the long-span structure in a predetermined direction.
The method according to claim 18 , wherein the forcing of growth in a first predetermined direction occurs when the long-span structure is heated.
The method according to claim 18 , wherein the forcing of growth in a second predetermined direction occurs when the long-span structure is cooled.
Ref US5896708: Claims:
1. Apparatus for supporting a roof section of a retractable roof of a building, comprising in combination:a rail, fixedly mounted, and extending in a direction along which said roof is retracted and expanded; a support frame having a wheel rotatably mounted thereon and cooperating with said rail for moving said support frame along said rail; a base support, having a spherical surface mounted on said support frame; and a base mounted on said base support and adapted to have a roof section mounted thereon for movement between a retracted roof position and an expanded roof position.
2. Apparatus, for supporting a roof section of a retractable roof of a building, comprising in combination:a rail, fixedly mounted, and extending in a direction along which said roof is retracted and expanded; a support frame having a wheel rotatably mounted thereon and cooperating with said rail for moving said support frame along said rail; a base support, having a spherical surface, mounted on said support frame; and a base mounted on said base support and adapted to have a roof section mounted thereon for movement between a retracted roof position and an expanded roof position, wherein said rail is mounted substantially horizontally and said base support has a movement-limiting portion whereby said base is capable of tolerating movement within a preselected range in the horizontal direction substantially perpendicular to said extended direction of said rail.
3. Apparatus, as claimed in claim 2, wherein said base is coupled to said base support by a coupling member which limits vertical movement of said base with respect to said base support.
4. A Apparatus, as claimed in claim 3, wherein said coupling member has a peripheral portion to which said base is coupled.
5. Apparatus, as claimed in claim 2, wherein said movement-limiting portion includes:a pair of lower racks mounted on said base support and having stoppers at both ends, said racks being fixed in the horizontal direction, substantially perpendicular to said rail; a lower limiting rail between said lower racks; a pair of upper racks having stoppers on both ends and arranged opposite said lower racks, said upper racks being mounted at the bottom of said base; an upper limiting rail between said upper racks; a plurality of pinions rotatably mounted on respective shafts and engaged with said lower and upper racks, said shafts having limiting grooves at the centers thereof, said grooves being engaged with said limiting rails.
6. Apparatus, as claimed in claim 2, wherein said movement-limiting portion includes:a pair of racks arranged in parallel on both ends of said base support in the horizontal direction, substantially perpendicular to said rail; a limiting rail arranged on said base, between said racks; a plurality of pinions, respectively engaged with said racks and rotatably supported by said limiting rail on said base; and a limiting groove engaged with said limiting rail.