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 .
Double Patenting
Claim(s) 1-12 of this application is patentably indistinct from claim(s) 1-12 of Application No. 18/735,014. Pursuant to 37 CFR 1.78(f), when two or more applications filed by the same applicant or assignee contain patentably indistinct claims, elimination of such claims from all but one application may be required in the absence of good and sufficient reason for their retention during pendency in more than one application. Applicant is required to either cancel the patentably indistinct claims from all but one application or maintain a clear line of demarcation between the applications. See MPEP § 822.
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claim(s) 1-12 is/are provisionally rejected under 35 U.S.C. 101 as claiming the same invention as that of claim 1-12 of co-pending Application No. 18/735,014 (reference application). This is a provisional statutory double patenting rejection since the claims directed to the same invention have not in fact been patented.
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.
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being unpatentable by Sekretta (US 9879708 B2).
Regarding claim 1, Sekretta discloses a latching device for securing and maneuvering industrial or marine equipment, comprising: a latch housing (see annotated Fig. 1 below), said latch housing comprising a plurality of latch fingers (135; see Fig. 2), said latch fingers being configured to move between an open position and a closed position (see Fig. 4-7 for latch fingers in open/closed position); a bullet assembly (see annotated Fig. 1 below), said bullet assembly comprising a shaft (130; see Fig. 1), a bullet head and a terminal end (see annotated Fig. 1 below), said bullet head being connected to one end of said shaft and said terminal end being connected to the other end of said shaft (see annotated Fig. 1 below), and said terminal end being configured to connect to the load (see annotated Fig. 1 below); a block (see annotated Fig. 1 below); said block being configured to move along said shaft of said bullet assembly between a first position and a second position (see Fig. 4-7 for block moving along shaft between first and second position); each of said latch fingers including a groove (see annotated Fig. 1 below), said groove being configured for receiving and holding at least a portion of said block in said second position (see annotated Fig. 1 below); said bullet assembly being configured to couple to a tension member (220; mooring chain; see Fig. 3), and said tension member being configured to raise and lower said bullet assembly under an applied tension (see Col. 4, lines 50-60); said bullet head being configured to engage said plurality of latch fingers in a latched mode in response to said applied force on said bullet assembly (see Fig. 4-7 for latched mode); said bullet assembly being responsive to a further applied tension to move said block into said second position and engage said groove in said plurality of latch fingers and move said plurality of latch fingers into said open position (see Fig. 4-7 for block being moved in second position and engage the latch fingers in open position); and in said open position said latch fingers being configured to allow said bullet head to pass and said block to disengage from said groove and move into said first position (see Fig. 4-7 for block disengage from groove and move into first position), and into an unlatched mode, so that the load attached to said cable can be maneuvered by the lift (see Fig. 4-7).
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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) 2 and 4-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sekretta (US 9879708 B2) in view of Keast (US 11905770 B2).
Regarding claim 2, Sekretta discloses the latching device as claimed in claim 1.
Sekretta fails to disclose wherein said latch housing further includes a bias spring for each of said plurality of latch fingers, each of said bias springs being configured to bias each of said plurality of latch fingers in said closed position.
However, Keast teaches a latch assembly wherein said latch housing further includes a bias spring for each of said plurality of latch fingers, each of said bias springs being configured to bias each of said plurality of latch fingers in said closed position (see Col. 10, lines 5-15).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to introduce wherein said latch housing further includes a bias spring for each of said plurality of latch fingers, each of said bias springs being configured to bias each of said plurality of latch fingers in said closed position on the latching device of Sekretta, as taught by Keast, to provide tension and a better fit (see Col. 10, lines 5-15).
Regarding claim 4, Sekretta, in view of Keast, discloses the latching device as claimed in claim 2, wherein said tension member is installed on a winch and said winch is configured to apply tension to said tension member in response to control by an operator (see Col. 3, lines 30-40).
Regarding claim 5, Sekretta, in view of Keast, discloses the latching device as claimed in claim 4, wherein said upper groove in said plurality of latch fingers comprises a contour configured to securely engage said block (see annotated Fig. 1 below).
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Regarding claim 6, Sekretta, in view of Keast, discloses the latching device as claimed in claim 2, wherein said cable is installed on a winch and said winch is configured to apply tension to said tension member in response to control by an operator (see Col. 3, lines 30-40).
Regarding claim 7, Sekretta, in view of Keast, discloses the latching device as claimed in claim 2, wherein said block comprises a contour configured to conform to the shape of said upper groove in said plurality of latch fingers.
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Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sekretta (US 9879708 B2) in view of Keast (US 11905770 B2), further in view of Andresen (WO 2018177886 A1).
Sekretta, in view of Keast, discloses the latching device as claimed in claim 2.
Sekretta, in view of Keast, fails to disclose wherein said latch housing further includes one or more compression springs, said one or more compression springs being configured to compress and limit movement of said block to said second position under application of said further applied tension.
However, Andresen teaches a lifting device wherein said latch housing further includes one or more compression springs, said one or more compression springs being configured to compress and limit movement of said block to said second position under application of said further applied tension (see Page 19, Para. 7 for the damping spring).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to introduce wherein said latch housing further includes one or more compression springs, said one or more compression springs being configured to compress and limit movement of said block to said second position under application of said further applied tension on the latching device of Sekretta, as modified by Keast, as taught by Andresen, in order to damp mechanical components during lifting load (see Page 19, Para. 7).
Claim(s) 8, 15 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sekretta (US 9879708 B2) in view of Sawai (KR 101432416 B1).
Regarding claim 8, Sekretta discloses a latching device for securing and maneuvering industrial or marine equipment, comprising: a latch housing (see annotated Fig. 1 below), said latch housing comprising a plurality of latch fingers (135; see Fig. 2), said latch fingers being configured to move between an open position and a closed position (see Fig. 4-7 for latch fingers in open/closed position); a bullet assembly (see annotated Fig. 1 below), said bullet assembly comprising a shaft (130; see Fig. 1), a bullet head and a terminal end (see annotated Fig. 1 below), said bullet head being connected to one end of said shaft and said terminal end being connected to the other end of said shaft (see annotated Fig. 1 below), and said terminal end being configured to connect to the load (see annotated Fig. 1 below); a block (see annotated Fig. 1 below); said block being configured to move along said shaft of said bullet assembly between a first position and a second position (see Fig. 4-7 for block moving along shaft between first and second position); each of said latch fingers including a groove (see annotated Fig. 1 below), said groove being configured for receiving and holding at least a portion of said block in said second position (see annotated Fig. 1 below); said bullet assembly being configured to couple to a tension member (220; mooring chain; see Fig. 3), and said tension member being configured to raise and lower said bullet assembly under an applied tension (see Col. 4, lines 50-60); said bullet head being configured to engage said plurality of latch fingers in a latched mode in response to said applied force on said bullet assembly (see Fig. 4-7 for latched mode); said bullet assembly being responsive to a further applied tension to move said block into said second position and engage said groove in said plurality of latch fingers and move said plurality of latch fingers into said open position (see Fig. 4-7 for block being moved in second position and engage the latch fingers in open position); and in said open position said latch fingers being configured to allow said bullet head to pass and said block to disengage from said groove and move into said first position (see Fig. 4-7 for block disengage from groove and move into first position), and into an unlatched mode (see Fig. 4-7).
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Sekretta fails to disclose a lift arm, said lift arm being operatively coupled to a lift mechanism for lowering and raising said lift arm; a drive mechanism configured for unwinding and rewinding a tension member; a docking head operatively coupled to one end of the lift arm and being connected to said tension member; said drive mechanism being responsive to one or more control signals for extending/retracking said tension member and for controlling tension and slack in said tension member.
However, Sawai teaches an industrial lift arm (see annotated Fig. 1 below), said lift arm being operatively coupled to a lift mechanism for lowering and raising said lift arm (see Abstract); a drive mechanism configured for unwinding and rewinding a tension member (see Abstract); a docking head (see annotated Fig. 1 below) operatively coupled to one end of the lift arm and being connected to said tension member (see Fig. 1 for tension member); said drive mechanism being responsive to one or more control signals for extending/retracking said tension member and for controlling tension and slack in said tension member (see Page 3, Para. 1-2).
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Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to introduce a lift arm, said lift arm being operatively coupled to a lift mechanism for lowering and raising said lift arm; a drive mechanism configured for unwinding and rewinding a tension member; a docking head operatively coupled to one end of the lift arm and being connected to said tension member; said drive mechanism being responsive to one or more control signals for extending/retracking said tension member and for controlling tension and slack in said tension member on the latching device of Sekretta, as taught by Sawai, in order to alleviate the influence of the up and down movement of the transportation barge line by waves (see Abstract).
Regarding claim 15, Sekretta discloses a latching device for securing and maneuvering industrial or marine equipment, comprising: a lifting head (see annotated Fig. 1 below), said lifting head being operatively coupled to the lift arm (see Fig. 3 for lifting head attached to chain which lifts the lifting head); a latch housing (see annotated Fig. 1 below), said latch housing being coupled to said lifting head, and comprising a plurality of latch fingers (135; see Fig. 2), said latch fingers being configured to move between an open position and a closed position (see Fig. 4-7 for latch fingers in open/closed position); a bullet assembly (see annotated Fig. 1 below), said bullet assembly comprising a shaft (130; see Fig. 1), a bullet head and a terminal end (see annotated Fig. 1 below), said bullet head being connected to one end of said shaft and said terminal end being connected to the other end of said shaft (see annotated Fig. 1 below), and said terminal end being configured to connect to the load (see annotated Fig. 1 below); a sliding block (see annotated Fig. 1 below); the sliding block being configured to move along said shaft of said bullet assembly between a first position and a second position (see Fig. 4-7 for block moving along shaft between first and second position); each of said latch fingers including a groove (see annotated Fig. 1 below), said groove being configured for receiving and holding at least a portion of said block in said second position (see annotated Fig. 1 below); said bullet assembly being configured to connect to the load; said bullet head being configured to engage said plurality of latch fingers in a latched mode in response to said lifting head and said latch housing being lowered onto said bullet assembly (see Fig. 4-7 for latched mode); said bullet assembly being responsive to a further movement of said latch housing and said lifting head to move said sliding block into said second position and engage said groove in said plurality of latch fingers and move said plurality of latch fingers into said open position (see Fig. 4-7 for block being moved in second position and engage the latch fingers in open position); and in said open position said latch fingers being configured to allow said bullet head to pass and said sliding block to disengage from said groove and move into said first position (see Fig. 4-7 for block disengage from groove and move into first position), and into an unlatched mode (see Fig. 4-7).
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Sekretta fails to disclose a lift arm configured for maneuvering a load.
However, Sawai teaches an industrial lift arm (see annotated Fig. 1 below) configured for maneuvering a load. See motivation of claim 8.
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Regarding claim 18, Sekretta discloses a latching device for securing and maneuvering industrial or marine equipment, comprising: a lifting head (see annotated Fig. 1 below), said lifting head being operatively coupled to the lift arm (see Fig. 3 for lifting head attached to chain which lifts the lifting head); a latch housing (see annotated Fig. 1 below), said latch housing being coupled to said lifting head, and comprising a plurality of latch fingers (135; see Fig. 2), said latch fingers being configured to move between an open position and a closed position (see Fig. 4-7 for latch fingers in open/closed position); a bullet assembly (see annotated Fig. 1 below), said bullet assembly comprising a shaft (130; see Fig. 1), a bullet head and a terminal end (see annotated Fig. 1 below), said bullet head being connected to one end of said shaft and said terminal end being connected to the other end of said shaft (see annotated Fig. 1 below), and said terminal end being configured to connect to the load (see annotated Fig. 1 below); a sliding block (see annotated Fig. 1 below); the sliding block being configured to move along said shaft of said bullet assembly between a first position and a second position (see Fig. 4-7 for block moving along shaft between first and second position); each of said latch fingers including a groove (see annotated Fig. 1 below), said groove being configured for receiving and holding at least a portion of said block in said second position (see annotated Fig. 1 below); said bullet assembly being configured to connect to the load; said bullet head being configured to engage said plurality of latch fingers in a latched mode in response to said lifting head and said latch housing being lowered onto said bullet assembly (see Fig. 4-7 for latched mode); said bullet assembly being responsive to a further movement of said latch housing and said lifting head to move said sliding block into said second position and engage said groove in said plurality of latch fingers and move said plurality of latch fingers into said open position (see Fig. 4-7 for block being moved in second position and engage the latch fingers in open position); and in said open position said latch fingers being configured to allow said bullet head to pass and said sliding block to disengage from said groove and move into said first position (see Fig. 4-7 for block disengage from groove and move into first position), and into an unlatched mode (see Fig. 4-7).
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Sekretta fails to disclose an industrial lift configured for lifting/lowering a load, said industrial lift comprising: a lift arm, said lift arm said lift arm being operatively coupled to a lift mechanism for lowering and raising said lift arm; a lifting head operatively coupled to one end of the lift arm and being connected to said tension member; said lift mechanism being responsive to one or more control signals for lowering and raising said lift arm.
However, Sawai teaches an industrial lift configured for lifting/lowering a load (see Abstract and Fig. 1), said industrial lift comprising: a lift arm (see annotated Fig. 1 below), said lift arm being operatively coupled to a lift mechanism for lowering and raising said lift arm (see Abstract); a lifting head operatively coupled to one end of the lift arm and being connected to said tension member (see annotated Fig. 1 below); said lift mechanism being responsive to one or more control signals for lowering and raising said lift arm (see Page 3, Para. 1-2). See motivation of claim 8.
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Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sekretta (US 9879708 B2) in view of Sawai (KR 101432416 B1), further in view of Keast (US 11905770 B2).
Regarding claim 16, Sekretta, in view of Sawai discloses the latching device as claimed in claim 15.
Sekretta, in view of Sawai, fails to disclose wherein said latch housing further includes a bias spring for each of said plurality of latch fingers, each of said bias springs being configured to bias each of said plurality of latch fingers in said closed position.
However, Keast teaches a latch assembly wherein said latch housing further includes a bias spring for each of said plurality of latch fingers, each of said bias springs being configured to bias each of said plurality of latch fingers in said closed position (see Col. 10, lines 5-15).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to introduce wherein said latch housing further includes a bias spring for each of said plurality of latch fingers, each of said bias springs being configured to bias each of said plurality of latch fingers in said closed position on the latching device of Sekretta, as modified by Sawai, as taught by Keast, to provide tension and a better fit (see Col. 10, lines 5-15).
Claim(s) 9 and 11-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sekretta (US 9879708 B2) in view of Sawai (KR 101432416 B1), further in view of Keast (US 11905770 B2).
Regarding claim 9, Sekretta, in view of Sawai, discloses the latching device as claimed in claim 8.
Sekretta, in view of Sawai, fails to disclose wherein said latch housing further includes a bias spring for each of said plurality of latch fingers, each of said bias springs being configured to bias each of said plurality of latch fingers in said closed position.
However, Keast teaches a latch assembly wherein said latch housing further includes a bias spring for each of said plurality of latch fingers, each of said bias springs being configured to bias each of said plurality of latch fingers in said closed position (see Col. 10, lines 5-15).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to introduce wherein said latch housing further includes a bias spring for each of said plurality of latch fingers, each of said bias springs being configured to bias each of said plurality of latch fingers in said closed position on the latching device of Sekretta, as modified by Sawai, as taught by Keast, to provide tension and a better fit (see Col. 10, lines 5-15).
Regarding claim 11, Sekretta, in view of Sawai and Keast, discloses the latching device as claimed in claim 9, wherein said cable is installed on a winch and said winch is configured to apply tension to said tension member in response to control by an operator (see Col. 3, lines 30-40).
Regarding claim 12, Sekretta, in view of Sawai and Keast, discloses the latching device as claimed in claim 11, wherein said upper groove in said plurality of latch fingers comprises a contour configured to securely engage said block (see annotated Fig. 1 below).
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Regarding claim 13, Sekretta, in view of Sawai and Keast, discloses the latching device as claimed in claim 9, wherein said cable is installed on a winch and said winch is configured to apply tension to said tension member in response to control by an operator (see Col. 3, lines 30-40).
Regarding claim 14, Sekretta, in view of Sawai and Keast, discloses the latching device as claimed in claim 13, wherein said block comprises a contour configured to conform to the shape of said upper groove in said plurality of latch fingers.
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Claim(s) 10, 17 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sekretta (US 9879708 B2) in view of Sawai (KR 101432416 B1) and Keast (US 11905770 B2), further in view of Andresen (WO 2018177886 A1).
Regarding claim 10, Sekretta, in view of Sawai and Keast, discloses the latching device as claimed in claim 9.
Sekretta, in view of Sawai and Keast, fails to disclose wherein said latch housing further includes one or more compression springs, said one or more compression springs being configured to compress and limit movement of said block to said second position under application of said further applied tension.
However, Andresen teaches a lifting device wherein said latch housing further includes one or more compression springs, said one or more compression springs being configured to compress and limit movement of said block to said second position under application of said further applied tension (see Page 19, Para. 7 for the damping spring).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to introduce wherein said latch housing further includes one or more compression springs, said one or more compression springs being configured to compress and limit movement of said block to said second position under application of said further applied tension on the latching device of Sekretta, as modified by Sawai and Keast, as taught by Andresen, in order to damp mechanical components during lifting load (see Page 19, Para. 7).
Regarding claim 17, Sekretta, in view of Sawai and Keast, discloses the latching device as claimed in claim 16.
Sekretta, in view of Sawai and Keast, fails to disclose wherein said latch housing further includes one or more compression springs, said one or more compression springs being configured to compress and limit movement of said block to said second position under application of said further applied tension.
However, Andresen teaches a lifting device wherein said latch housing further includes one or more compression springs, said one or more compression springs being configured to compress and limit movement of said block to said second position under application of said further applied tension (see Page 19, Para. 7 for the damping spring).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to introduce wherein said latch housing further includes one or more compression springs, said one or more compression springs being configured to compress and limit movement of said block to said second position under application of said further applied tension on the latching device of Sekretta, as modified by Sawai and Keast, as taught by Andresen, in order to damp mechanical components during lifting load (see Page 19, Para. 7).
Regarding claim 20, Sekretta, in view of Sawai and Keast, discloses the latching device as claimed in claim 18.
Sekretta, in view of Sawai and Keast, fails to disclose wherein said latch housing further includes one or more compression springs, said one or more compression springs being configured to compress and limit movement of said block to said second position under application of said further applied tension.
However, Andresen teaches a lifting device wherein said latch housing further includes one or more compression springs, said one or more compression springs being configured to compress and limit movement of said block to said second position under application of said further applied tension (see Page 19, Para. 7 for the damping spring).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to introduce wherein said latch housing further includes one or more compression springs, said one or more compression springs being configured to compress and limit movement of said block to said second position under application of said further applied tension on the latching device of Sekretta, as modified by Sawai and Keast, as taught by Andresen, in order to damp mechanical components during lifting load (see Page 19, Para. 7).
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sekretta (US 9879708 B2) in view of Sawai (KR 101432416 B1), further in view of Keast (US 11905770 B2).
Regarding claim 19, Sekretta, in view of Sawai discloses the latching device as claimed in claim 18.
Sekretta, in view of Sawai, fails to disclose wherein said latch housing further includes a bias spring for each of said plurality of latch fingers, each of said bias springs being configured to bias each of said plurality of latch fingers in said closed position.
However, Keast teaches a latch assembly wherein said latch housing further includes a bias spring for each of said plurality of latch fingers, each of said bias springs being configured to bias each of said plurality of latch fingers in said closed position (see Col. 10, lines 5-15).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to introduce wherein said latch housing further includes a bias spring for each of said plurality of latch fingers, each of said bias springs being configured to bias each of said plurality of latch fingers in said closed position on the latching device of Sekretta, as modified by Sawai, as taught by Keast, to provide tension and a better fit (see Col. 10, lines 5-15).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to REHMAN A QURESHI whose telephone number is (571)272-6262. The examiner can normally be reached 7:00am-5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert Hodge can be reached at (571) 272-2097. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/REHMAN A QURESHI/Examiner, Art Unit 3654
/ROBERT W HODGE/Supervisory Patent Examiner, Art Unit 3654
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