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 § 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) 1, 4, 6, 9-15, 17-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hohensee (US 2007/0271762 A1) in view of Stankus et al (US 6,283,451 B1) and Demick et al (US 2019/0218902 A1).
Regarding claim 1¸ Hohensee (‘762) discloses a cable tensioning unit comprising:
a unit housing (figA, para[0016]),
a hydraulic jack 14 (para[0020]), and
a controller 28,30,32 (para[0017],[0018]);
wherein the hydraulic jack 14 is coupled to a top portion (figA) of the unit housing (figA); and
wherein the controller 28,30,32 is configured to control, monitor, and/or record pull information (para[0018]);
wherein the hydraulic jack 14 comprises one or more position sensors 48 (para[0021]) and a piston 44 (para[0020]);
wherein the controller 28,30,32 further comprises a controller interface 30,32 (para[0018]) mounted to the unit housing (fig1); and
wherein the controller interface 30,32 is configured to display real-time diagnostics (para[0018]).
It is noted that Hohensee teaches the claimed controller interface except for the specific contact of indicia (printed matter) set forth in the claim. In this case, “if at least a portion of the pull information is within a tolerance during a pull operation” is considered as printed matter. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use the controller interface to display if at least a portion of the pull information is within a tolerance during a pull operation since it would only depend on the intended use of the system and the desired information to be displayed. Further, it has been held that when the claimed printed matter is not functionally related to the substrate it will not distinguish the invention from the prior art in terms of patentability. In re Gulack 217 USPQ 401, (CAFC 1983) and In re Ngai, 367 F.3d 1336, 70 USPQ2d 1862. The fact that the content of the printed matter placed on the substrate may render the device more convenient by providing an individual a specific type of displayed information does not alter the functional relationship. Mere support by the substrate for the printed matter is not the kind of functional relationship necessary for patentability. Thus, there is no novel and unobvious functional relationship between the printed matter (e.g., “if at least a portion of the pull information is within a tolerance during a pull operation”) and the substrate (e.g., the controller interface) which is required for patentability. Therefore, the controller 28,30,32 is considered to be capable of displaying if at least a portion of the pull information is within a tolerance during a pull operation.
It is noted that fig 1 of Hohensee shows that the hydraulic jack is coupled to the top portion of the unit housing via ports A,B and a feedback line 52 (para[0016],[0021]).
Though fig 1 of Hohensee shows that ports A,B and a feedback line 52 seem to be removed from the hydraulic jack 14 and the top portion of the unit housing, Hohensee does not explicitly disclose in the written description that the hydraulic jack is removably coupled to the unit housing. It has been held that constructing a formerly integral structure in various elements involves only routine skill in the art (MPEP2144.04 V.C.). Also, Stankus et al (‘451) teaches a use of fittings 115 (col.4 line30) to connect hydraulic lines 112,114 (col.4 lines28-30) to a hydraulic jack (col.2 line52, “hydraulic” cable tensioning device) of a hydraulic tensioning unit 2 (fig2, abstract). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure to removably couple the hydraulic jack to the unit housing, since constructing a formerly integral structure in various elements involves only routine skill in the art (MPEP2144.04 V.C.), and also as taught by Stankus et al, to provide easy storage by removing the hydraulic jack from the unit housing when not in use.
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Hohensee does not explicitly disclose that the one or more position sensors 48 is to transmit piston position to the controller. Demick et al (‘902) teaches a use of one or more position sensors 230a (para[0052]) to sense position of a piston 202 (para[0052]) of a cable tensioning unit 140 (para[0052]) and transmit the piston position to a controller 232 (para[0052]) to store the signal indicative of the position of the piston as corresponding to an un-worn and un-stretched cable length of a cable for further reference and processing (para[0052]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hohensee to use the position sensors to sense position of the piston, as taught by Demick et al, to store the signal indicative of the position of the piston as corresponding to an un-worn and un-stretched cable length of a cable for further reference and processing (para[0052]).
Regarding claim 4, the combination of Hohensee, Stankus et al, and Demick et al teaches the cable tensioning unit of claim 1. Stankus et al further teaches a cable chuck 16 (col.3 lines6-10), wherein the cable chuck 16 is configured to enable a cable C to slide along (in a direction of arrow X, fig3, col.4 lines59-67) an interior portion thereof (via using wedges 20 to clamp the cable C); and wherein the cable chuck 16 includes a clamp release (col.5 lines14-18) configured to be pushed and removed to release a gripping force on the cable C (col.5 lines14-28, “knocks the wedges 20 away from the cable C so that the hydraulic tensioning device 2 may be removed from the cable C”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hohensee to use a cable chuck and clamp release, as further taught by Stankus et al, to be engaged to the cable to move the cable until the desired tension is applied to the cable and to be disengaged from the cable when the desired tension has been applied to the cable.
Regarding claim 6, the combination of Hohensee, Stankus et al, and Demick et al teaches the cable tensioning unit of claim 1. Hohensee further discloses wherein the controller 28,30,32 further comprises a control panel 32 (the control interface 30,32 includes a control panel).
Regarding claim 9, the combination of Hohensee, Stankus et al, and Demick et al teaches the cable tensioning unit of claim 1. Hohensee further discloses wherein the real-time diagnostics include one or more of cylinder position, fluid temperature, and hydraulic pressure (para[0023]).
Regarding claim 10, the combination of Hohensee, Stankus et al, and Demick et al teaches the cable tensioning unit of claim 1. Hohensee further discloses wherein the controller 28 is configured to monitor a cylinder position and/or a fluid pressure (para[0023]) in real-time and display the cylinder position and/or the fluid pressure on the controller interface (para[0023],[0019]).
Regarding claim 11, the combination of Hohensee, Stankus et al, and Demick et al teaches the cable tensioning unit of claim 1. Hohensee further discloses wherein the controller interface is configured to enable a user to input pull information (para[0018],[0019]).
Regarding claim 12, the combination of Hohensee, Stankus et al, and Demick et al teaches the cable tensioning unit of claim 11. Hohensee further discloses wherein the pull information includes one or more of bed number, bed length, strand size, strand number, target initial tension (para[0022]), target final tension (para[0022]), target final elongation, date, time, actual initial tension, and/or actual final tension (para[0022]).
Regarding claim 13¸ Hohensee (‘762) discloses a cable tensioning unit comprising:
a unit housing (figA, para[0016]),
a hydraulic jack 14 (para[0020]), and
a controller 28,30,32 (para[0017],[0018]);
wherein the hydraulic jack 14 is coupled to a top portion (figA) of the unit housing (figA); and
wherein the controller 28,30,32 is configured to control, monitor, and/or record pull information (para[0018]);
wherein the hydraulic jack 14 comprises one or more position sensors 48 (para[0021]), one or more fluid pressure sensors (para[0023]), and a piston 44 (para[0020]).
It is noted that fig 1 of Hohensee shows that the hydraulic jack is coupled to the top portion of the unit housing via ports A,B and a feedback line 52 (para[0016],[0021]).
Though fig 1 of Hohensee shows that ports A,B and a feedback line 52 seem to be removed from the hydraulic jack 14 and the top portion of the unit housing, Hohensee does not explicitly disclose in the written description that the hydraulic jack is removably coupled to the unit housing. It has been held that constructing a formerly integral structure in various elements involves only routine skill in the art (MPEP2144.04 V.C.). Also, Stankus et al (‘451) teaches a use of fittings 115 (col.4 line30) to connect hydraulic lines 112,114 (col.4 lines28-30) to a hydraulic jack (col.2 line52, “hydraulic” cable tensioning device) of a hydraulic tensioning unit 2 (fig2, abstract). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure to removably couple the hydraulic jack to the unit housing, since constructing a formerly integral structure in various elements involves only routine skill in the art (MPEP2144.04 V.C.), and also as taught by Stankus et al, to provide easy storage by removing the hydraulic jack from the unit housing when not in use.
Hohensee does not explicitly disclose that the one or more position sensors 48 is to transmit piston position to the controller. Demick et al (‘902) teaches a use of one or more position sensors 230a (para[0052]) to sense position of a piston 202 (para[0052]) of a cable tensioning unit 140 (para[0052]) and transmit the piston position to a controller 232 (para[0052]) to store the signal indicative of the position of the piston as corresponding to an un-worn and un-stretched cable length of a cable for further reference and processing (para[0052]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hohensee to use the position sensors to sense position of the piston, as taught by Demick et al, to store the signal indicative of the position of the piston as corresponding to an un-worn and un-stretched cable length of a cable for further reference and processing (para[0052]). Thus, the controller can configure to use a combination of the one or more position sensors and the one or more fluid pressure sensors to generate a least a portion of the pull information for each strand pull.
Regarding claim 14, the combination of Hohensee, Stankus et al, and Demick et al teaches the cable tensioning unit of claim 13. Hohensee further discloses wherein the controller is configured to automatically load at least a portion of the pull information for a second strand after a first strand pull is complete (para[0025]-[0027]).
Regarding claim 15, the combination of Hohensee, Stankus et al, and Demick et al teaches the cable tensioning unit of claim 13, wherein the controller is configured to automatically save data during one or more transient operations (Demick et al, para[0052]).
Regarding claim 17¸ Hohensee (‘762) discloses a cable tensioning unit comprising:
a unit housing (figA, para[0016]),
a hydraulic jack 14 (para[0020]), and
a controller 28,30,32 (para[0017],[0018]);
wherein the hydraulic jack 14 is coupled to a top portion (figA) of the unit housing (figA); wherein the controller 28,30,32 is configured to control, monitor, and/or record pull information (para[0018]) and;
wherein the pull information includes one or more of bed number, bed length, strand size, strand number, target initial tension (para[0022]), target final tension (para[0022]), target final elongation, date, time, actual initial tension, and/or actual final tension (para[0022]).
It is noted that fig 1 of Hohensee shows that the hydraulic jack is coupled to the top portion of the unit housing via ports A,B and a feedback line 52 (para[0016],[0021]).
Though fig 1 of Hohensee shows that ports A,B and a feedback line 52 seem to be removed from the hydraulic jack 14 and the top portion of the unit housing, Hohensee does not explicitly disclose in the written description that the hydraulic jack is removably coupled to the unit housing. It has been held that constructing a formerly integral structure in various elements involves only routine skill in the art (MPEP2144.04 V.C.). Also, Stankus et al (‘451) teaches a use of fittings 115 (col.4 line30) to connect hydraulic lines 112,114 (col.4 lines28-30) to a hydraulic jack (col.2 line52, “hydraulic” cable tensioning device) of a hydraulic tensioning unit 2 (fig2, abstract). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure to removably couple the hydraulic jack to the unit housing, since constructing a formerly integral structure in various elements involves only routine skill in the art (MPEP2144.04 V.C.), and also as taught by Stankus et al, to provide easy storage by removing the hydraulic jack from the unit housing when not in use.
Demick et al (‘902) teaches a use of a controller 232 (para[0038],[0061],[0062]) configured to store calibration data points (para[0061],[0062]) for a plurality of different cylinder stroke sizes (para[0062]) and wherein the controller 232 is configured to generate a calibration report (para[0061],[0062]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hohensee to use a controller to generate a calibration report, as further taught by Demick et al, for the purpose of enabling more accurate performance of the cable tensioning unit.
Regarding claim 18, the combination of Hohensee, Stankus et al, and Demick et al teaches the cable tensioning unit of claim 17, wherein the controller is configured to record, display, and update elongation corrections (para[0069]-[0072],[0076], Demick et al).
Regarding claim 19¸ the combination of Hohensee, Stankus et al, and Demick et al teaches the cable tensioning unit of claim 17. It is noted that Hohensee teaches the claimed controller interface except for the specific contact of indicia (printed matter) set forth in the claim. In this case, “the calibration report including one or more of types of jack, date of calibration, name of calibration, range of calibration, and a graph displaying readings vs. range.” is considered as printed matter. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use the controller interface to display if at least a portion of the pull information is within a tolerance during a pull operation since it would only depend on the intended use of the system and the desired information to be displayed. Further, it has been held that when the claimed printed matter is not functionally related to the substrate it will not distinguish the invention from the prior art in terms of patentability. In re Gulack 217 USPQ 401, (CAFC 1983) and In re Ngai, 367 F.3d 1336, 70 USPQ2d 1862. The fact that the content of the printed matter placed on the substrate may render the device more convenient by providing an individual a specific type of displayed information does not alter the functional relationship. Mere support by the substrate for the printed matter is not the kind of functional relationship necessary for patentability. Thus, there is no novel and unobvious functional relationship between the printed matter (e.g., “the calibration report including one or more of types of jack, date of calibration, name of calibration, range of calibration, and a graph displaying readings vs. range.”) and the substrate (e.g., the controller displaying the report) which is required for patentability.
Regarding claim 20, the combination of Hohensee, Stankus et al, and Demick et al teaches the cable tensioning unit of claim 17, wherein the controller is configured to display a warning message if a tensioning is moving slower or faster than preset tolerances (Demick et al, para[0059]).
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Hohensee (US 2007/0271762 A1), Stankus et al (US 6,283,451 B1), and Demick et al (US 2019/0218902 A1) in further view of Jackson et al (US 2020/0295555 A1).
Regarding claim 7, the combination of Hohensee, Stankus et al, and Demick et al teaches the cable tensioning unit of claim 6. Hohensee discloses wherein the control panel 32 includes a hydraulic actuator, a start button, a stop button, an initial tension actuator, a final tension actuator, an auxiliary actuator, and a controller interface (para[0018],[0019]), however, does not explicitly disclose a use of an emergency stop. Jackson et al (‘555) teaches a use of an emergency stop 12 (para[0052]) that can be pressed in the event of an emergency situation to request the halt of operation (para[0052]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hohensee to use an emergency stop, as taught by Jackson et al, so that the emergency stop can be pressed in the event of an emergency situation to request the halt of operation (para[0052]).
Response to Arguments
Applicant’s arguments with respect to pending claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 Seahee Hong whose telephone number is (571)270-5778. The examiner can normally be reached M-Th 8am-4pm ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Keller can be reached at (571) 272-8548. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SEAHEE HONG/Primary Examiner, Art Unit 3723
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