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 .
Detailed Action
Claims 1-20 are currently pending. Claims 1-20 remain rejected despite Applicant’s arguments filed 12/30/2025. Amendment necessitated new grounds of rejection presented within this Office action. Claims contain outstanding 112(a) rejections. Claims contain outstanding 112(b) rejections. Response to Applicant arguments can be found at the end of this Office action. This Office action is final.
Specification
The disclosure is objected to because of the following informalities: The specification states within Para.[0018], line 6: “The shaft 52 is mounted to the housing 30.” It appears this statement contradicts the function of the invention when the specification goes on to state, within Para.[0018], lines 10-11, “The proximal section 62 is attached to the housing via an arm attachment point 42 that is proximal from the shaft 52.” The pulley arm 46 being attached at both points 52 and 42 would make the pulley arm fixed in position and allow no rotation of the housing relative to the pulley arm. Further, the specification also states, within Para.[0018], lines 16-18, “load applied to the load attachment point 36 will cause the pulley arm 46 and the housing 30 to rotate/pivot about the shaft 52, thereby causing the proximal pulley 48 and the distal pulley 50 to warp the cable 22.” The specification is making contradicting statements of the attachment points of the pulley arm to the housing and about which points the housing is pivoting.
Para.[0025] discloses, “a first pulley having a first shaft; a second pulley having a second shaft; and a pulley arm attached at a first end to the housing and at a second end to the first shaft, wherein the cable is received between the first pulley and the second pulley.” This statement places an attachment point at one end of the pulley arm. Then within Para.[0030], states “the friction device is configured to produce a rotational force of the housing about the first shaft.” after previously stating the housing rotates/pivots about the shaft 52 (equivalent to the second shaft). The specification needs clarified regarding the attachment points in light of Para.[0025] and Fig.3 and previously disclosed claims. It is the Examiners best understanding that the intention is that pulley arm is rotatably attached to the housing via the attachment point 42. The shaft 52 is not attached to the housing to allow rotation of the pulley arm and the claims will be examined for prior art rejections as such. The above information causes a failure of the claims to comply with the enablement requirement.
Appropriate correction is required.
Claim Objections
Claims 1, 2, 7, 11, 12 and 20 are objected to because of the following informalities:
Claim 1, line 16: “pully” should be “pulley”.
Claim 2, line 5: “send” should be “end”.
Claim 7, line 2: “when the load applied” should be “when the load is applied”.
Claim 11, line 17: “pully” should be “pulley”.
Claim 12, line 5: “send” should be “end”.
Claim 20, lines 20-21: “pully” should be “pulley”.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-20 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention. Due to the breadth of the claims and the unpredictable nature of the art, the amount of direction provided by Applicant along with the lack of working examples leaves one of ordinary skill in the art with a high degree of experimentation to make or used the claimed device.
Within claims 1 and 11, “a pulley arm pivotably coupled to the housing” and within claim 20, “a pulley arm rotatably coupled at a first section to the housing” is not enabled in such a way that one of ordinary skill in the art could make and use the invention as presented. The specification states, “the shaft 52 is mounted to the housing” within Para.[0018], lines 6-7 and shown within Figs.2-3 and “the proximal section 62 is attached to the housing via an arm attachment point 42 that is proximal from the shaft 52.” within Para.[0018], lines 10-11 and shown in Figs.2-3. The pulley arm 46 being attached at both points 52 and 42 would make the pulley arm fixed in position and allow no rotation of the housing relative to the pulley arm. How is the pulley arm rotating relative to the amount of load with two attachment points at different longitudinal points to the housing 30?
This rejection likewise applies to claims 7-10 and 17-19 regarding rotational force when load is applied.
Within claims 6 and 16, “adjustably locate where on the first end of the pulley arm to attach to the housing the first shaft” is not enabled in such a way that one of ordinary skill in the art could make and use the invention as presented. The specification states, “the shaft 52 is mounted to the housing” within Para.[0018], lines 6-7 and shown within Fig.2 and “the proximal section 62 is attached to the housing via an arm attachment point 42 that is proximal from the shaft 52.” within Para.[0018], lines 10-11 and shown in Fig.2. Further stating, “The force adjuster 100 includes longitudinal slots 102 in the housing 30, a longitudinal slot 104 in the proximal section 62 of the pulley arm 46, and an adjustable force bolt 106 mounted through the longitudinal slots 102 and 104 and adjustably attachable to at least the longitudinal slots 102 of the housing 30.” within Para.[0022], lines 3-6 and shown within Figs.2,4. How is the first shaft attachment location adjustable if there are two attachment points at different longitudinal points to the housing?
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 2-10 and 12-20 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.
Claim 2 recites “the second [[s]]end” within line 5. There is insufficient antecedent basis for this limitation in the claim. This rejection likewise applies to claim 12.
Claims 3 and 13 recite “an axis between the first shaft and the first end of the pulley arm” after reciting within claims 2 and 12, “a first shaft mounted to a first end of the pulley arm”. This makes the intended axis unclear. Examiner recommends changing “a first end” within claims 2 and 12 to “a second end” and “the second send” within claims 2 and 12 to “a first end”.
Claim 6 recites “adjustably locate where on the first end of the pulley arm to attach to the housing to the first shaft” It is unclear what this claim is intended to claim since the first shaft is the shaft of the first pulley and the shaft of the first pulley is not the attachment point of the pulley arm to the housing. This likewise applies to claim 16.
Claims 7, 8, 9, 10, 17, 18, 19 and 20 recite rotational force of the housing “about the first shaft”. It is unclear to Examiner how the housing or other components rotate about the first shaft when the first shaft is not the rotational connection of the pulley arm to the housing.
Claims 4-5 and 14-15 are likewise rejected due to being dependent upon a rejected claim.
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.
Claims 1 and 11 are rejected under 35 U.S.C. 102 as being unpatentable over Runia (US 20190359234 A1).
Regarding claim 1: Runia discloses an apparatus comprising: a housing configured to receive a cable (Fig.2A), the housing comprising: a load attachment point to couple a load to the housing (106 and connection members to 105; Fig.2A); and a friction device rotatably coupled to the housing (103 and connection member between shown in Fig.2A), the friction device comprising: a first pulley, a second pulley (first and second 103; Fig.2A), and a pulley arm pivotably coupled to the housing and extending between the first pulley and the second pulley (connecting member between 103; Fig.2A), wherein: the pulley arm is configured to rotate relative to the housing (rotation shown in Fig.2A to Fig.2B) in response to a torque generated by the load at the load attachment point (pulling load occurring in Fig.2B), and rotation of the pulley arm causes the cable to deform along a variable path around the first pully and the second pully in an amount relative to a weight of the load coupled to the load attachment point (apparent from Fig.2B).
Regarding claim 11: Runia discloses a system comprising: a cable (200; Fig.1); and a housing configured to receive the cable (Fig.2A), the housing comprising: a load attachment point to couple a load to the housing (106 and connection members to 105; Fig.2A); and a friction device rotatably coupled to the housing (103 and connection member between shown in Fig.2A), the friction device comprising: a first pulley, a second pulley (first and second 103; Fig.2A), and a pulley arm pivotably coupled to the housing and extending between the first pulley and the second pulley (connecting member between 103; Fig.2A), wherein: the pulley arm is configured to rotate relative to the housing (rotation shown in Fig.2A to Fig.2B) in response to a torque generated by the load at the load attachment point (pulling load occurring in Fig.2B), and rotation of the pulley arm causes the cable to deform along a variable path around the first pulley and the second pulley in an amount relative to a weight of the load coupled to the load attachment point (apparent from Fig.2B).
Allowable Subject Matter
Claims 2-10 and 12-20 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, as well as the 35 U.S.C. 112(a) rejection set forth in this Office action and to include 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:
The prior art fails to teach the combination of limitations within claims 2-10 and 12-20. More specifically, the prior art fails to teach the first pulley mounted to a first end of the pulley arm, the second pulley mounted to a midsection of the pulley arm, and the pulley arm being rotatably coupled at the second end to the housing as claimed within claims 2 and 11. Further, the prior art fails to teach an adjustable attachment device configured to adjustably locate where on the second section of the pulley arm to attach the pulley arm to the housing; and a rotation friction adjusting device configured to change an amount of biasing of rotational force the load applies to the housing about the first shaft as claimed within claim 20. To combine these features with the prior art above would change the principle of operation of the reference.
Response to Arguments
In response to Applicant’s argument regarding the amendments being supported within paragraphs 0018 and 0019 to overcome the 35 U.S.C. 112(a) rejection, Examiner submits that Para.[0018] states “the shaft 52 is mounted to the housing” within lines 6-7 and “the proximal section 62 is attached to the housing via an arm attachment point 42 that is proximal from the shaft 52.” within lines 10-11. The invention involves rotation of the pulley arm which could not possibly rotate if fixed to housing at two longitudinally fixed points; therefore, the claims are not enabled in such a way that one of ordinary skill in the art are able to make and use the invention as disclosed.
In response to Applicants arguments regarding 112(b) rejections of claims 6 and 16, Examiner submits that it is still unclear which components are intended to be attached to the housing because claim 6 and 16 recite “where on the first end of the pulley arm to attach to the housing to the first shaft”. According to claim 2, the first shaft and the attachment point to the housing are at opposite ends of the pulley arm.
In response to Applicants arguments regarding the previous prior art rejections, please see updated rejections of claims 1 and 11 above.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HEAVEN BUFFINGTON whose telephone number is (703)756-1546. The examiner can normally be reached Monday-Friday 9:00am to 5:00pm ET.
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/HEAVEN R BUFFINGTON/Examiner, Art Unit 3615
/S. Joseph Morano/Supervisory Patent Examiner, Art Unit 3615