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
Claims 14-15 are objected to because of the following informalities:
In line 8 of claim 14 and line 12 of claim 15, “the end” should read ---an end---.
Appropriate correction is required.
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 5-8, 10, and 12 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.
Claims 5-8 and 10 recites the limitation "the second fastener". How does “the second fastener” relate to the “second fastener section” in line 8 of claim 1. Is the “second fastener” attached to the “second fastener section” or are these two descriptions referring to the same structure? There is insufficient antecedent basis for this limitation in the claim.
Claim 10 recites the limitation "the tightener" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 12 recites the limitation "the primary hook". How does the “primary hook” in claim 12 relate to the “at least one primary hook” in line 2 of claim 11? Is there another hook being claimed that differs from the “at least one primary hook”? Suggestion to change “the primary hook” to read ---the at least one primary hook---. There is insufficient antecedent basis for this limitation in the claim.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 3-6, and 9 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Blum (US1585961A).
Regarding claim 1, Blum discloses an improved hunting hoist adapted to be mounted at an elevated location, the hoist comprising: (a) a first arm (20; Figures 1-3) comprising (i) a fastener (33) at a proximal end (30), and (ii) a distal end (21); (b) a second arm (40) comprising (i) a first section (38, 39) attached near the distal end (21) having a first end (37) and second end (39), (ii) a second fastener section (34, 35, 36) engaging the first end (37), and (c) a pulley system (24, 46) affixed to the improved hunting hoist.
Regarding claims 3-4, Blum discloses wherein the first arm (20) comprises a tubular member defining a passage therethrough; wherein the first arm (20) has at least one pulley (24 of the pulley system 24, 46 is threaded within the arm 20) mounted within the tubular member.
Regarding claims 5-6, Blum discloses wherein the fastener and second fastener (33; 36) are adapted to connect to a support structure (31); wherein the fastener and second fastener (33; 36) are a threaded screw.
Regarding claim 9, Blum discloses wherein the first section (38, 39) is rotatably attached.
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 is/are rejected under 35 U.S.C. 103 as being unpatentable over Blum in view of Smith (US20180335270A1).
Regarding claim 2, Blum discloses the above hoist, but fails to teach wherein the first arm further comprising at least one rope holder.
Smith teaches a similar hunting anchor adapted to be mounted at an elevated location and further teaches wherein the first arm (26; Figure 1) further comprising at least one holder (25). It would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to modify the hoist of Blum to include the holder as taught by Smith to hold rope in order to allow the hunter to attach and store various objects such as rope for ready access as desired.
Claim(s) 7-8, 11-13, and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Blum in view of Wydner (US20090078500A1).
Regarding claims 7-8, 11-13, and 15, Blum discloses an improved hunting hoist, the hoist comprising: a tubular first arm (20) comprising a pulley system (24, 46), a proximal end (30), and a distal end (21), the proximal end (30) comprising a threaded fastener (33), the pulley system (24, 46) mounted to the first arm (20); a tubular second arm (40) rotatably attached near the distal end (21) comprising a first end (37), and a second end (39), the first end (37) comprising a threaded second fastener (34, 35, 36) extending outwardly therefrom, the second fastener (34, 35, 36) is telescopic (the threads of the pipe member 34 and pipe coupling 34 enable telescopic arrangement of the second fastener 34,35,36), but fails to teach a second fastener comprising at least one torque handle; and a third arm rotatably attached to the distal end comprising a second hook, and an ancillary arm is attached to the end opposite the distal end, comprising a primary hook.
Wydner teaches a similar hunting hoist and further teaches a second fastener (30) comprising at least one torque handle (34); and a third arm (80) rotatably attached to the distal end (78) comprising a second hook (88), and an ancillary arm (70; Figure 1) is attached to the end opposite the distal end (78), comprising a primary hook (84). It would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to modify the second fastener of Blum to include the torque handle as taught by Wydner in order to provide additional leverage for twisting the screw in and out of the support structure without the use of additional tools; and to modify hoist of Blum to include the third arm and primary and second hooks as taught by Wydner in order to allow the hunter to attach and store a number of items and tools for ready access as desired.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Blum in view of Gordon (US1542548A).
Regarding claim 10, Blum discloses the above hoist, but fails to teach wherein the tightener is adapted to releasably affix the second fastener at a desired length. Gordon teaches a similar hunting hoist and further teaches wherein the tightener (T; see Gordon annotated Figure 1 below) is adapted to releasably affix the second fastener (6, 7) at a desired length. It would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to modify the hoist of Blum to include the tightener as taught by Gordon in order to fix and secure the second fastener at a specified length to help balance the hoist and prevent movement of the fastener.
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Gordon, Annotated Figure 1
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Blum, in view of Gordon, and in further view of Wydner.
Regarding claim 14, Blum discloses an improved hunting hoist, the hoist comprising: a first arm (20) comprising a proximal end (30), a distal end (21), a mounted pulley system (24, 46), and a fastener (33) extending outwardly from the proximal end (30); a second arm (40) rotatably attached near the distal end (21); a second fastener (34, 35, 36) slidingly engaged to the second arm (40; pipe member 34 slides along the threads of the pipe coupling 34 to engage the second arm 40), but fails to teach a second arm comprising a tightener; a second fastener comprising at least one torque handle and slidingly engaged to the second arm; and a third arm rotatably attached to the first arm near the distal end and comprising a primary hook attached to the end opposite the distal end.
Gordon teaches a similar hunting hoist and further teaches a second arm (3) comprising a tightener (T). It would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to modify the hoist of Blum to include the tightener as taught by Gordon in order to fix and secure the second fastener at a specified length to help balance the hoist and prevent movement of the fastener.
Wydner teaches a similar hunting hoist and further teaches a second fastener (30) comprising at least one torque handle (34); and a third arm (80) rotatably attached to the first arm (50) near the distal end (78) and comprising a primary hook (84) attached to the end opposite the distal end (78). It would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to modify the second fastener of Blum to include the torque handle as taught by Wydner in order to provide additional leverage for twisting the screw in and out of the support structure without the use of additional tools; and to modify hoist of Blum to include the third arm and primary hook as taught by Wydner in order to allow the hunter to attach and store a number of items and tools for ready access as desired.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Additional references listed on form PTO-892 are cited for their relevance to the disclosed invention and demonstration of the state of the art.
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/H.S./Examiner, Art Unit 3654
/ANNA M MOMPER/Supervisory Patent Examiner, Art Unit 3654