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 § 112
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 1, 4-9, 10-11, and 15-20 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 1 line 10 and claim 11 line 12 recite “properly wrap,” which is vague and ambiguous. It is not clear how this is different than regular wrapping, or improperly wrapping a rope. What, specifically, is meant by “properly” wrapping?
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.
Claims 1 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over US 2005/0230671 A1 (hereinafter “Mott”) in view of US 2016/0096709 (hereinafter “Averill”).
Regarding claim 1 Mott teaches a rope pulling apparatus, the apparatus comprising:
a drum (12) for having rope (14) wound therearound;
a drive apparatus (16) for providing power to the rope pulling apparatus (fig. 1) and driving the drum's (12) rotations;
a guide post (18) hingedly supported by the rope pulling apparatus (fig. 1) to position the rope (14) at a desired position relative to the drum (12) to properly wrap the rope (14) around the drum (12) wherein the guide post (18) is rotatable perpendicular to the direction of travel of the rope (14),
a guide apparatus (18b) supported by the guide post (18), the guide apparatus (18b) guides the rope (14) as the rope (14) is wound on the drum (12); and
Mott fails to teach the speed control apparatus and controller as recited in claim 1.
Averill teaches a rope pulling apparatus, the apparatus comprising a drum (16) for having rope (18) wound therearound; and a drive (“motor,” paragraph 15) apparatus for providing power to the rope pulling apparatus and driving the drum's (16) rotations. Averill further teaches a speed control apparatus (“sensor such as an angular position,” see paragraph 53) monitoring the rope (18) being pulled and wound on the drum (16); and a controller (see 800) for determining the speed of the rope (18) and adjusting the drive (“motor,” paragraph 15) apparatus to speed up or slow down the rotation of the drum (16) responsive to the speed of the rope (18) (see paragraphs 52-55). 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 speed control of Averill to the winch of Mott with a reasonable expectation of success. One having ordinary skill in the art would have been motivated to make this combination in order to avoid unwanted jerking of the rope and different speeds.
Regarding claim 11 Mott teaches a method of winding rope (14) on a drum (12), the method comprising:
winding a rope (14) at a desired constant rope (14) speed onto a drum (12) with a rope pulling apparatus (fig. 1), the rope pulling apparatus (fig. 1) comprising:
a drum (12) for having rope (14) wound therearound;
a drive apparatus (16) for providing power to the rope pulling apparatus (fig. 1) and driving the drum's (12) rotations;
a guide post (18) hingedly supported by the rope pulling apparatus (fig. 1) to position the rope (14) at a desired position relative to the drum (12) to properly wrap the rope (14) around the drum (12) wherein the guide post (18) is rotatable perpendicular to the direction of travel of the rope (14),
a guide apparatus (18b) supported by the guide post (18), the guide apparatus (18b) guides the rope (14) as the rope (14) is wound on the drum (12).
Mott fails to teach the method of speed control as recited in claim 11.
Averill teaches a speed control apparatus (“sensor such as an angular position,” see paragraph 53) monitoring the rope (18) being pulled and wound on the drum (16); and a controller (see 800) for determining the speed of the rope (18) and adjusting the drive apparatus (“motor,” paragraph 15) to speed up or slow down the rotation of the drum (16) responsive to the speed of the rope (18) (see paragraphs 52-55); and determining a speed of the rope (see fig. 8); and adjusting power of the rope pulling apparatus (motor) to achieve the desired constant speed (at 806). 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 speed control of Averill to the winch of Mott with a reasonable expectation of success. One having ordinary skill in the art would have been motivated to make this combination in order to avoid unwanted jerking of the rope and different speeds.
Claims 4 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Mott in view of Averill, and in further view of US 2019/0337776 (hereinafter “Fanello”).
Regarding claims 4 and 15 modified Mott teaches the above apparatus. Mott fails to teach the inclinometer as set forth in claims 4 and 15. Fanello teaches a rope pulling apparatus, and a method of use thereof similar to Mott. Fanello further teaches wherein the guide post (Fanello 60) includes an inclinometer (Fanello 72; see paragraphs 118 and 127) disposed thereon to determine the position of the guide post (Fanello 60) and the guide apparatus (Fanello 56) relative to the drum (Fanello 54). 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 pivoting post sensor system of Fanello to the pivoting post of Mott with a reasonable expectation of success. One having ordinary skill in the art would have been motivated to make this combination in order to better actuate the post of Mott.
Claims 5-10 and 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over Mott in view of Averill, and in further view of US 6,983,927 (hereinafter “Pelletier”).
Regarding claims 5 and 16 modified Mott teaches the above apparatus, and further teaches wherein the guide apparatus (18b) includes (is) two vertically disposed rollers to guide the rope (14) towards [the drum] that turns as the rope (14) is pulled in by the rope pulling apparatus (fig. 1). Mott fails to teach the sheave set forth in claims 5 and 16. Pelletier teaches a similar rope winding guide mounted to a pivoted arm, which traverses to apply level rope winding to a drum. Pelletier further teaches a sheave (60) between guiding rollers and the drum (see figs. 2-3). 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 sheave of Pelletier to the guide of Mott with a reasonable expectation of success. One having ordinary skill in the art would have been motivated to make this combination in order to further effect orderly winding of the rope.
Regarding claims 6 and 17 modified Mott teaches the above apparatus, but fails to teach the horizontal roller as set forth in claims 6 and 17. Pelletier further teaches a horizontally disposed roller (46) positioned adjacent to a sheave (60) to maintain position of a rope (28) in a channel of the sheave (60) (see figs. 2-3) when the rope (28) is being pulled in by a rope pulling apparatus (drum actuator). 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 horizontal guiding rollers of Pelletier to the guide of Mott with a reasonable expectation of success. One having ordinary skill in the art would have been motivated to make this combination in order to better prevent unwanted vertical sliding of the rope.
Regarding claims 8 and 19 modified Mott teaches the above apparatus (see claims 6 and 17), wherein the sheave (Pelletier 60) is rotatably supported (at least indirectly) by brackets (Mott, base frame members in fig. 1) and the vertically disposed rollers (Mott 18b) and the horizontally disposed roller (Pelletier 46) are supported by slat elements (Pelletier 43) that are supported by the brackets (Mott, base frame members in fig. 1).
Regarding claims 7 and 18 modified Mott teaches the above apparatus, and further teaches wherein the speed control apparatus (Averill, “sensor such as an angular position,” see paragraph 53) includes a sensor (Averill paragraphs 54-55) to determine the number of revolutions of the sheave (Pelletier 38) per unit of time and providing that information to the controller (Averill 800).
Regarding claims 9 and 20 modified Mott teaches the above apparatus, including the sheave (Pelletier 38). Mott fails to teach the sensing element of claims 9 and 20, or determining the number of revolutions per unit of time. Averill teaches a sensing element (Averill par. 55) disposed thereon that cooperates with the sensor (Averill paragraphs 54-55) to determine the number of revolutions (Averill par. 55: “by counting the number of revolutions…”) of the sheave per unit of time (i.e. the speed calculation of Averill inherently incorporates the unit of time). 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 sensing element and revolution counting of Averill to the system of Mott with a reasonable expectation of success. One having ordinary skill in the art would have been motivated to make this combination in order to better account for the length of the rope.
Regarding claim 10 modified Mott teaches the above apparatus, but fails to disclose an hydraulic piston. Pelletier teaches an hydraulic piston (40) attached to a guide post (34) to effect orderly winding on the drum (26). Thus the difference between Mott and the recitations of claim 10 appear to represent no more than substitution of known parts in known ways to achieve predictable results. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the rotary guide actuator of Mott with the hydraulic piston of Pelletier with a reasonable expectation of success. One having ordinary skill in the art would have been motivated to make this combination in order to reduce the overall height of Mott, and thus increase stability and improve the center of gravity.
Response to Arguments
Applicant’s arguments, see page 7, filed 11/17/25, with respect to the double patenting rejections have been fully considered and are persuasive. The double patenting rejections (all) have been withdrawn.
Applicant’s arguments, see pages 7-10, filed 11/17/25, with respect to rejections under 35 USC 102(a)(1) have been fully considered and are persuasive. The 102 rejections have been withdrawn.
Applicant’s arguments, see pages 10-13, filed 11/17/25, with respect to the rejection(s) of claim(s) 1, 4-9, 10-11, and 15-20 under 35 USC 103(a) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Mott (as above).
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.
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/N.L.A/Examiner, Art Unit 3654
/ROBERT W HODGE/Supervisory Patent Examiner, Art Unit 3654