DETAILED ACTION
The preliminary amendments filed on 12/16/2023 have been entered.
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 31-32 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.
In claims 31-32, the applicant recites “the rotary head”. There is insufficient antecedent basis for this feature in the claims.
The Examiner will assume that claim 29 depends on 28, and that claims 31 and 32 both depend on 29.
Claim Rejections - 35 USC § 102
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.
Claims 36-40 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dehlin et al. (WO2005032929).
Regarding claim 36 Dehlin discloses Lashing system for vertically securing a container or a stack of at least two containers (3) arranged one above the other with a stop (13) on board a ship with at least two lashing elements (1) (fig 1) and at least two stops on at least one surface such as a deck , a hatch cover or a lashing bridge (5) (fig 1).
Regarding claim 37, Dehlin further discloses that at least one of the two stops is provided on at least one platform (11) on the at least one surface (fig 1).
Regarding claim 38, Dehlin further discloses that the at least one stop is arranged displaceably on the platform (page 10 line 19-page11, line 30).
Regarding claim 39, Dehlin further discloses the lashing elements are arranged upwards or downwards starting from the stops (fig 1,).
Regarding claim 40, Dehlin further discloses that the stops are arranged centrally in relation to the container to be secured or on the outside in relation to the container to be secured (fig 1).
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 22-26 and 31-35, is/are rejected under 35 U.S.C. 103 as being unpatentable over Dehlin et al. (WO 2005032929) and Bean (US 20150360599).
Regarding claims 22-24 and 33-35, Dehlin discloses a Lashing element for vertically connecting a container (3) or a stack of at least two containers arranged one above the other to a stop (13) on a surface (abstract, page 1, 1st paragraph), in particular on board a ship (abstract, page 1, 1st paragraph), with at least one element (13) for producing a releasable movable connection to the stop (page 8 line 24- page 9 line 18, abstract, figs 1-3), with at least one element (15) for producing a releasable connection to a corner fitting of the container (page 8 line 24- page 9 line 18, abstract, figs 1-3), wherein a pressure-resistant and tension- resistant connection exists between the at least one element for producing a releasable movable connection with the stop and the at least one element for producing a releasable connection with a corner fitting of the container( page 2 line 1 – page 3 line 13, abstract, figs 1-3).
Delhin is silent regarding the presence of at least one element for changing a length of the lashing element for adapting the length of the lashing element and for tensioning the lashing element between the container corner and the stop.
Bean teaches at least one element (6, 10) for changing a length of the lashing element for adapting the length of the lashing element and for tensioning the lashing element between the container corner and the stop ([0064], figs 1-7).
(Claim 23)Bean further teaches that at least one element for changing the length of the lashing element is a screw element (10) (figs 1-7, [0064]).
(Claim 24) Bean further teaches that the screw element has at least one opening (opening of 10 receiving rod 6, figs 2 and 6), which is provided with a thread (33) into which a threaded section (32) of a lashing rod (6) or a connecting rod can be screwed in and out ([0064], figs 2 and 6).
(Claim 33) Bean further teaches that the lashing element has a threaded rod section (33) and a lashing rod section (32), which are detachably connected to one another (fig 6, [0064]).
(Claim 34) Bean further teaches that the threaded rod section has a receptacle (opening of 10 containing threads 33, figs 2, 6) for a connecting element (portion of 32 mating with 33 ) of the lashing rod section (figs 2, 6, [0064]).
(Claim 35) Bean further teaches that the receptacle is locked relative to the connecting element by means of a locking element (threads disclosed in [0064]).
Before the effective filling date, it would have been obvious to one of ordinary skill in the art, having the teachings of Delhin and Bean before him or her, to modify the apparatus/method disclosed by Delhin to include the element for changing the length of the lashing element as taught by Bean in order to make adjustments.
Regarding claim 25, Delhi further discloses that the at least one element for producing a releasable movable connection with the stop is a ball element or a receptacle for a ball element (23) (page 9 line 24-page 10 line 2).
Regarding claim 26, Delhi further discloses that in the at least one element for establishing a detachable connection with a corner fitting of the container is a lashing fitting (15) (page 9 lines 1- 24).
Claims 27-30 are rejected under 35 U.S.C. 103 as being unpatentable over Dehlin et al. (WO 2005032929) and Bean (US 20150360599)) as applied to claim 22 above, and further in view of Behr et al. (DE4030140A1).
Regarding claim 27, Delhi is silent regarding the fact that the lashing fitting is a rotatable cone element for engaging in an opening of the corner fitting of the container to produce a positive connection.
Behr teaches that the lashing fitting is a rotatable cone element (17) for engaging in an opening of the corner fitting of the container to produce a positive connection (figs 1-5).
(Claim 28) Behr further teaches that the lashing fitting has a rotary head (12) which is arranged movably relative to a rod section of the lashing rod(figs 1-5).
(Claim 29) Behr further teaches that the lashing fitting has an insert element (14) which can be inserted into the opening of the corner fitting of the container (figs 1-5, page 2 ,last paragraph).
(Claim 30) Behr further teaches that the insert element has the dimension of the opening of the corner fitting of the container, so that after insertion of the insert element into the opening there is a positive connection in the plane of the opening (page 3, 4th paragraph).
(Claim 31 )Behr further discloses the cone element (17) is arranged rotatably on the rotary head (12) (figs 1-5).
(Claim 32) Behr further discloses that the insert element (14) is arranged between the cone element (17) and the rotary head (12) (fig 1).
Before the effective filling date, it would have been obvious to one of ordinary skill in the art, having the teachings of Delhin, Behr and Bean before him or her, to modify the apparatus/method disclosed by the combination of Delhin and Bean to include the lashing fitting as taught Behr in order to achieve a secure and rigid connection between a bar and an extension (page 2)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANY E AKAKPO whose telephone number is (469)295-9255. The examiner can normally be reached M-F 9am - 5pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nicole Coy can be reached on (571) 272-5405. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/DANY E AKAKPO/Examiner, Art Unit 3672
1/14/2026