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 Objections
The numbering of claims is not in accordance with 37 CFR 1.126 which requires the original numbering of the claims to be preserved throughout the prosecution. When claims are canceled, the remaining claims must not be renumbered. When new claims are presented, they must be numbered consecutively beginning with the number next following the highest numbered claims previously presented (whether entered or not).
Cancelled claims 15-52 have been omitted, and should be referenced in the claim set.
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 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.
Claims 1-4, 7, 9-12, and 14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 8,256,745 (hereinafter “Latoria”).
Regarding claim 1 Latoria discloses a strap hoist assembly comprising:
a strap hoist (10) including a frame (12) and a reel (24) for reeling a strap (132); and
a drive assembly (DR, see annotated figure below) removably coupled to the strap hoist (10), the drive assembly (DR) including a power unit (90) and an onboard battery pack, the drive assembly (DR) configured to provide an output torque to rotate the reel (24) in a rotational direction to apply an output force to the strap (132);
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wherein the strap hoist (10) is configured to be powered by the drive assembly (DR) or manually operated (at 72, see col. 3 lines 31-34) by a handle (“lever or rod;” see col. 3 lines 30-34) couplable (at least indirectly) to the reel (24) for rotating the reel (24) when [the reel is] disconnected from the drive assembly (DR).
(I.e. element 92 is disclosed as “generally similar to a conventional portable tool” in col. 3 ll. 60-61; and is disconnectable via screws per col. 4 ll. 13-16. Latoria anticipates this functional recitation because Latoria can be operated by the lever rod at the same time the driving motor is not connected with the reel.)
Regarding claim 7 Latoria discloses a strap hoist (10) assembly comprising:
a strap hoist (10) including a frame (12) and a reel (24) for reeling a strap (132), the strap hoist (10) having a force rating (i.e. all straps inherently have a break strength, which could be considered a “force rating”);
a drive assembly (DR) removably coupled to the strap hoist (10), the drive assembly (DR) configured to provide an output torque to rotate the reel (24) in a rotational direction to apply an output force to the strap (132); and
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a mechanical advantage mechanism (120/102; see fig. 5) configured to adjust the output torque applied to the reel (24) such that the output force on the strap (132) is equal to or less than the force rating of the strap hoist (10) (i.e. or else the strap would break instead of winding), the mechanical advantage mechanism (120/102; see fig. 5) including a first gear (102) meshed with a second gear (120) and the first (102) and second (120) gears are supported on the frame (12) (i.e. gear 102 is supported at 92, which is bolted to the frame 12).
Regarding claims 2 and 9 Latoria discloses the above assembly, and further discloses wherein the strap hoist (10) includes a hook (138) attached to the frame (12).
Regarding claims 3 and 10 Latoria discloses the above assembly, and further discloses wherein the frame (12) includes an anti-rotation protrusion (“six screws;” see col. 4 lines 12-15; i.e. 96 mounts at 108), wherein the drive assembly (DR) includes a slot (screw holes), and wherein the anti-rotation protrusion (screws) is received within the slot (screw holes) to restrict rotation of the strap hoist (10) relative to the drive assembly (DR).
Regarding claim 4 Latoria discloses the above assembly, and further discloses wherein the strap hoist (10) includes a pawl (68) and a ratchet wheel (34) disposed on the reel (24), wherein the reel (24) freely rotates in the rotational direction when the pawl (68) is disengaged from the ratchet wheel (34), and wherein the reel (24) does not rotate in the rotational direction when the pawl (68) is engaged with the ratchet wheel (34).
Regarding claim 11 Latoria discloses the above assembly, and further discloses wherein the drive assembly (DR) includes a power unit (90) and a coupler (112) configured to couple the power unit (DR) to the strap hoist (10).
Regarding claim 12 Latoria discloses the above assembly, and further discloses wherein the power unit (90) is powered by a battery pack (98).
Regarding claim 14 Latoria discloses the above assembly, and further discloses wherein the strap hoist (10) is configured to be powered by the drive assembly (DR) or manually operated (at 72) when disconnected from the drive assembly.
Claims 1 and 5-6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2016/0046228 A1 (hereinafter “Williams”).
Regarding claim 1 Williams discloses a strap hoist assembly comprising:
a strap hoist (10) including a frame (12) and a reel (16) for reeling a strap (see title); and
a drive assembly (D, see annotated figure below) removably coupled to the strap hoist (10), the drive assembly (D) including a power unit (60) and an onboard battery pack (i.e. the drill is cordless; see par. 24), the drive assembly (D) configured to provide an output torque to rotate the reel (16) in a rotational direction to apply an output force to the strap;
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wherein the strap hoist (10) is configured to be powered by the drive assembly (D) (i.e. this is one of the alternates claimed in the last clause of claim 1).
Regarding claim 5 Williams discloses the above assembly, and further discloses wherein the drive assembly (D) includes a coupler (C) configured to couple the power unit (60) to the strap hoist (10).
Regarding claim 6 Williams discloses the above assembly, and further discloses a first adapter (52) positioned between the coupler (C) and the strap hoist (10), and a second adapter (58) positioned between the power unit (60) and the coupler (C), wherein the first adapter (52) is configured to remove the drive assembly (D) from the strap hoist (10), and wherein the second adapter (58) is configured to remove the coupler (C) from the drive assembly (D).
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 13 is rejected under 35 U.S.C. 103 as being unpatentable over Latoria in view of Williams.
Regarding claim 13 Latoria discloses the above assembly, but fails to teach the particulars of claim 13. Williams teaches an assembly for strap winding which is similar to Latoria (as above). Williams teaches:
a first adapter (52) positioned between the coupler (C; see annotated figure below) and the strap hoist (10), and a second adapter (58) positioned between the power unit (60) and the coupler (C), wherein the first adapter (52) is configured to remove the drive assembly (D) from the strap hoist (10), and wherein the second adapter (58) is configured to remove the coupler (C) from the drive assembly (D).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add the coupler of Williams between the drive motor and the gearing of Latoria with a reasonable expectation of success. One having ordinary skill in the art would have been motivated to make this combination in order to more easily couple and decouple the driver, and in order to make Latoria useable with a wide variety of standard power tools.
Response to Arguments
Applicant's arguments filed 12/17/25 have been fully considered but they are not persuasive.
Applicant argues (see page 5) that Latoria fails to teach “a handle couplable to the reel.” This is, respectfully, incorrect. The claim fails to require a direct coupling. That is, any type of coupling reads on this limitation. Latoria teaches engaging the lever handle to the reel in order to produce winding of the strap (“lever or rod;” see col. 3 lines 30-34), and therefore reads on this limitation. The rejection is maintained.
Applicant argues (see page 5) that Williams fails to teach “a handle couplable to the reel.” This is, respectfully, incorrect. The claim gives two alternatives, either the strap hoist is configured to:
(1) “be powered by the drive assembly” (claim 1 line 6),
OR
(2) be “manually operated by a handle” (claim 1 lines 6-7).
Williams teaches the former, in that the drive assembly (D) drives the reel (16). The rejection is maintained.
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Applicant argues (page 6) that Latoria fails to disclose the second gear (see Latoria 102) is supported on the frame (see Latoria 12). This is not persuasive. Housing 92 of Latoria supports the gear 102, and the frame (12) supports the housing (92). Thus the frame supports both the gear 120 and the gear 102. The rejection is maintained.
Applicant argues (page 6) that Williams does not teach the specifics of claim 7 these arguments are presently moot because the Office does not rely upon Williams to teach claim 7.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Nathaniel L Adams whose telephone number is (571)272-4830. The examiner can normally be reached M-F 8-4 Pacific Time.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Victoria P Augustine can be reached at (313) 446-4858. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/N.L.A/Examiner, Art Unit 3654
/Victoria P Augustine/ Supervisory Patent Examiner, Art Unit 3654