DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
An amendment was filed by applicant on 07/17/2025.
Claims 1-18 are previously canceled.
Claims 19, 20, 24, 26-30 and 32 are amended.
Claims 19-34 are remaining in the application for this Office Action (OA).
Drawings
6. The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the claimed “towline” and “towline between a vessel and a towboat during a towing operation” (claims 19-34), “towboat” (claim 30), “assembly of a towboat and a floating object interconnected by a towline” (claim 31), “towing a floating object by a towboat” (claim 32), and “escorting a vessel by the towboat” (claim 34) must be shown (recommend using appropriate drawing reference characters correlated to these features as described in the written description of the Specification) or the feature(s) canceled from the claim(s). No new matter may be entered.
7. The drawings are objected to under 37 CFR 1.83(a) because they fail to show the above features (recommend using appropriate drawing reference characters correlated to these features in the written description) as described in the specification. Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. MPEP § 608.02(d). No new matter may be entered.
8. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. No new matter may be entered.
9. In addition to Replacement Sheets containing the corrected drawing figure(s), applicant is required to submit a marked-up copy of each Replacement Sheet including annotations indicating the changes made to the previous version. The marked-up copy must be clearly labeled as “Annotated Sheets” and must be presented in the amendment or remarks section that explains the change(s) to the drawings. See 37 CFR 1.121(d)(1). Failure to timely submit the proposed drawing and marked-up copy will result in the abandonment of the application.
Specification
10. The Specification is objected to for the following informality:
The Specification does not include drawing reference characters for the features indicated in paragraphs 6 and 7 of this Office Action.
Appropriate correction is required.
Claim Rejections - 35 USC § 103
11. 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.
12. As best understood by the examiner, claims 19-34 are rejected under 35 U.S.C. 103 as being unpatentable over D1: AO [FI] (EP 2385011 A1), cited by applicant, in view of D2: EHICL [KR] (KR 101640166 B1), also cited by applicant. Regarding claims 19 and 20, D1 discloses a winch system (the system disclosed is capable of being used as a towing winch system; see Fig. 1) [suitable] for controlling a render and recovery of a towline [102] in between a vessel and a towboat during a towing operation (nevertheless, the recitation “towing winch” implies intended use of a winch for towing purposes, and a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art), which towing winch system comprises: - a framework [108] for supporting winch components; - a winding drum [101] for winding and unwinding the towline [102] in which the winding drum [101] is rotatable supported by the framework [108], in which the winding drum [101] has a drum forming a winding space in between a first and second winding drum flange for enclosing the towline (see Fig. 1); - a drive [103] connected by a one-stage gear [106] (the gearbox can have one step) to the winding drum [101] for rotating the winding drum for hauling in the towline [102], wherein the one-stage gear [106] comprises a gear wheel [gearboxes have toothed wheels] mounted to the winding drum (a toothed wheel of the gearbox is fixed to the winding drum); - a brake [109] connected to the winding drum [101] (see Fig. 1; page 4, line 7) for braking the winding drum for holding or paying out the towline [102]; - a control unit [105] for controlling the drive [103] and the brake [109] based on an input signal indicative of a torque exerted by the towline on the winding drum [101] (see page 4, lines 12-29); wherein the drive [103] comprises a brushless alternating current motor (para. [0014]), wherein the motor has a motor housing (see Fig. 1) and a motor output shaft (Fig. 1) provided with a motor gear wheel which engages to the gear wheel mounted to the winding drum (implied for proper operation), wherein the brake [109] comprises at least one brake disc (see Fig. 1; para. [0031]) and a brake caliper in which the brake caliper is provided with a pair of brake pads for engaging the at least one brake disc (see Fig. 1). Regarding claim 32, D1 discloses (implicitly) the claimed method for towing a floating object by a towboat, in particular an escort method for assisting a vessel by a towboat in passing a water passage (the system is capable of being used as a towing winch system, wherein the method comprises steps of: - interconnecting the floating object, in particular the vessel to be escorted and the towboat, by a towline [102]; - measuring an occurring torque exerted by the towline on a winding drum [101] of the towing winch system (claim 2; when tension is measured, the value of the torque is straightforward); - controlling a drive [103] of the towing winch system to rotate the winding drum for hauling in the towline (claims 1-3); - controlling a brake [108] of the towing winch system to brake the winding drum for holding or paying out the towline (claim 1). D1 also discloses the additional claimed features of previous/original claim 8 (now incorporated into present claim 19; see Fig. 1; para. [0014]), claim 22 (see Fig. 1; para. [0014]), claim 24 (see Fig. 1; para. [0014]), and claims 30 and 31 (inasmuch as the winch system is capable of being used as a towing winch, the vessel is considered capable of being a towboat). D1 does not disclose the specific drive and brake configurations recited in claims 19 and 20; however, D2 discloses such features (see Figs. 1-7; and corresponding paras. [0023]-[0049]]) to improve the driving and braking forces in a winch system used for a crane. Therefore, it would have been obvious to the person skilled in the art to apply such features with the winch system of D1, to achieve a winch system for use as desired such as in towing as claimed, as would have been recognized by one of ordinary skill in the art. D2 also discloses the additional feature of claim 25 (see Fig. 5; para. 0022]); it would have been obvious to the person skilled in the art, namely when the same result is to be achieved, to apply such feature with corresponding effect to the towing winch system of D1, thereby arriving at a towing winch system for the claimed subject matter. The features of claims 21, 23, previous/original claim 7 (now incorporated into present claim 19), claims 26-29 and claims 33 and 34 are considered either known in the art or obvious options to try/use to achieve expected results and/or effects. In view of foregoing, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide such features to facilitate an improved winch system with a reasonable expectation of success, as would have been recognized by one of ordinary skill in the art. The rejection combines known features to achieve expected results; no unknown features or unexpected results are achieved for the claimed subject matter.
Response to Arguments
Applicant's arguments filed on 07/17/2025 have been fully considered but they are not persuasive for the following reasons:
Regarding the objection of the Drawings and Specification:
The Drawings must show every feature of the invention specified in the claims. Therefore, the claimed features specifically indicated in paragraphs 6 and 7 of this OA must be shown in the drawings or the feature(s) canceled from the claim(s).
The Specification should describe and refer the Drawings for all features in the claims.
Regarding the 35 USC 103 prior art rejection of the claims:
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., those indicated in additional references provided on the IDS) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
In response to applicant's argument that the winch disclosed in the prior art references are not towing winches, a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
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.
In response to applicant's arguments against the references individually, one cannot show non-obviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
For the foregoing reasons, the rejection(s) are considered valid and are sustained.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 07/17/2025 was filed after the mailing date of the Non-Final Rejection on 05/14/2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. However, the reference provided in the web link listed on page 8 of applicant’s remarks has not been considered, since a copy of the reference has not been provided and the reference is not listed on the IDS that was filed.
Conclusion
15. 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.
16. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL V VENNE whose telephone number is (571)272-7947. The examiner can normally be reached between M-F, 7am-3:30pm Flex. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Samuel J Morano can be reached on (571) 272-6684. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
17. If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (USA OR CANADA) or 571-272-1000.
/Daniel V Venne/
Senior Examiner, Art Unit 3617
01/27/2026