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 .
Response to Arguments
Applicant has amended claim 1 to include the subject matter of claim 5 except for the limitations of intermediate claim 3 (from which original claim 5 indirectly depended). Applicant has made no amendment to independent claim 13.
Applicant’s arguments, see pages 7-9, filed 05/11/26, with respect to the rejections of claims 5-6 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 Therefore, the rejection has been withdrawn.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 of rejection is made in view of Racz (see below).
Applicant's arguments filed 05/11/26 have been fully considered but they are not persuasive.
Applicant argues (pages 6-7) that Fretz (US 2018/0175713 A1) fails to teach “a bus bar that is an exclusive pathway for electrical power between the external power source and the winch, such that all electrical power from external power source to the winch flows across the bus bar.” Reasoning was given that there are only two bus bars (724) in Fretz, and therefore Fretz cannot anticipate the recitation. This is not persuasive. In order to complete a circuit there must be a hot lead and a neutral lead. That is, electricity only flows in a current, and so one of the bus bars (724) must deliver power to the motor, and the other must return power from the motor back to the battery. Thus, there are simply no other avenues through which electricity could flow to the motor. Claim 13 requires “the bus bar is an exclusive pathway for electrical power between the external power source and the winch, such that all electrical power from external power source to the winch flows across the bus bar” (emphasis added). Since there are only two possible places where electricity can flow to or from the motor (704), and only one of them can possibly deliver power to the motor, it is argued that Frets anticipates this limitation with its bus bars (724). The rejection is maintained.
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 6-9 and 14-19 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 6-9 depend from claim 5, which was cancelled. It is not clear what limitations were meant to be incorporated by reference into claims 6-9 because they depend from a nonexistent claim.
Claims 14-19 are objected to because of the following informalities: claims 14-19 depended from claim 13 in the amendment of 01/05/26, but have been changed to depend from claim 1 (without any annotation in the amendment of 05/11/26). It appears that this was an inadvertent change. As this appears to be a typographical error, for the purposes of this action claims 14 and 15 (and the claims dependent thereupon) are considered as depending (directly or indirectly) from claim 13.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 6 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 6 has identical language as set forth in claim 1, and adds nothing more. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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 13-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2018/0175713 A1 (hereinafter “Fretz”). It is noted that motor assembly 700 is disclosed as being for “a winch, such as the winch 100 shown in FIG. 1” (par. 54). In the following rejection assembly 700 is used in conjunction with the embodiment of fig. 1.
Regarding claim 13 Fretz discloses a winch, comprising:
a motor (704) and a first drum support (110);
a gear reduction unit (gearset within 126) drivingly attached to the motor (704) and a second drum support (112);
a tie structure (120) connecting the first drum support (110) and the second drum support (112);
an external power cable (171) having a first end and a second end (see fig. 1), wherein the first end of the external power cable (171) is configured to be coupled to an external power source (175), wherein the second end of the external power cable (171) is coupled to a bus bar (724), and wherein the bus bar (724) is an exclusive pathway for electrical power between the external power source (175) and the winch, such that all electrical power from external power source (175) to the winch flows across the bus bar (724) (i.e. the motor has no other input leads); and
a rotatable drum (118) drivingly connected to the motor (704).
Regarding claim 14 Fretz discloses the above winch, and further discloses wherein the bus bar (724) is disposed within a control pack housing (710).
Regarding claim 15 Fretz discloses the above winch, and further discloses wherein the bus bar (724) includes a constant thickness (see fig. 7) from a first end of the bus bar (724) to the second end of the bus bar (724).
Regarding claim 16 Fretz discloses the above winch, and further discloses wherein the bus bar (724) includes a notch (N, see annotated figure below) disposed between the first end of the bus bar (724) and the second end of the bus bar (724).
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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 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over Fretz in view of US 5,214,359 A (hereinafter "Herndon").
Regarding claim 17 Fretz discloses the above winch, including the notch (N, above) on the power bar, the notch being at (near) either end of the bus bar. Fretz fails to teach the current sensor of claim 17. Herndon teaches a power distribution system for a winch with a power cord (see fig. 1). Herndon further teaches wherein a current sensor (32/44) is disposed adjacent to a bus bar (20; see col. 3 II. 29-34). 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 current sensing device of Herndon to the winch power system of Fretz with a reasonable expectation of success. One having ordinary skill in the art would have been motivated to make this combination in order to regulate/limit the current so as to avoid overcurrent in the winch (per Herndon). It is noted that this would result in a current sensor "at" (or near) the notch.
Regarding claim 18 modified Fretz teaches the above winch, and further teaches wherein the current sensor (Herndon 32/44) is a Hall effect sensor (i.e. 44 is a Hall effect sensor).
Regarding claim 19 modified Fretz teaches the above winch, and further teaches wherein the current sensor (Herndon 32/44) is configured to measure current delivered to the winch from the external power source (Fretz 175) via the external power cable (Fretz 171).
Claims 1-3, 6-7, and 10-12 are rejected under 35 U.S.C. 103 as being unpatentable over Fretz in view of US 2007/0164727 A1 (hereinafter “Racz”).
Regarding claims 1 and 6 Fretz teaches a winch, comprising:
a motor (704) having a motor housing (105) including (being) a motor case (105) and a first drum support (110) attached to the motor case (105) for closing an end of the motor case (105);
a gear reduction unit drivingly attached to the motor (704) and having a gear housing including a gear case (126) and a second drum support (112) attached to the gear case (126) for closing an end of the gear case (126);
a tie structure (120) connecting the first drum support (110) and the second drum support (112);
an external power cable (171) having a first end and a second end (see fig. 1), wherein the first end of the external power cable (171) is configured to be coupled to an external power source (175), and wherein the second end of the external power cable (171) is coupled to a bus bar (724); and
a rotatable drum (118) drivingly connected to the motor (704) and supported by the first drum support (110) and the second drum support (112);
wherein the bus bar (724) includes a notch (N, see annotated fig. below) disposed between the first end of the bus bar (724) and the second end of the bus bar (724).
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Fretz fails to teach a current sensor with two protrusions, each of which extends into the notch. Racz teaches a similar type of electrical bus (1) for carrying current, the bus bar (1) having a notch (N, see annotated fig. below). Racz further teaches wherein a current sensor (2/3) is disposed adjacent to the bus bar (1) at the notch (N), and
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wherein the current sensor (2/3) includes two protrusions (P), each of which extends into the notch (N).
Regarding claim 2 modified Fretz teaches the above winch, and further teaches wherein the bus bar (724) is disposed within a control pack housing (710).
Regarding claim 3 Fretz teaches the above winch, and further teaches wherein the bus bar (Fretz 724) includes a constant thickness (see Fretz fig. 7) from a first end of the bus bar (Fretz 724) to the second end of the bus bar (Fretz 724).
Regarding claim 7 Fretz teaches the above winch, and further teaches wherein the current sensor (Racz 2/3) is a Hall effect sensor (see abstract).
Regarding claim 10 modified Fretz teaches the above winch, and further teaches wherein the bus bar (Fretz 724) includes a plurality of angular bends (see Fretz fig. 7) between the first end of the bus bar (Fretz 724) and the second end of the bus bar (Fretz 724).
Regarding claim 11 modified Fretz teaches the above winch, and further teaches wherein the plurality of angular bends include two 90-degree bends (i.e. folded portion, and bend in the outer side surface; see Fretz, annotated fig. below).
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Regarding claim 12 modified Fretz teaches the above winch, and further teaches wherein the control pack housing (710) is removably affixed to the tie structure (Fretz 120).
Claims 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Fretz in view of Racz, and in further view of Herndon.
Regarding claim 8 modified Fretz teaches the above winch, but fails to teach a cord connected to the sensor. Herndon teaches the system as advanced above. Herndon further teaches wherein the current sensor (32/44) includes a cable (42/56), coupled to a circuit board (i.e. unshown structure holding components in Hendon fig. 2).
Regarding claim 9 modified Fretz teaches the above winch, and further teaches wherein the current sensor (Herndon 32/44) is configured to measure current delivered to the winch from the external power source (Fretz 175) via the external power cable (Fretz 171).
Conclusion
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.
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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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/NATHANIEL L ADAMS/Examiner, Art Unit 3654
