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 .
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The following title is suggested: Cargo Restrain assembly With Torque Transmitting Pin Inside A Shaft.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-20 ARE rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
Specifically, each of claims 1, 9 and 15 recites, “a torque transmitting pin positioned within the shaft and configured to rotate the shaft.” However, the detailed description of the invention simply mentions that a torque transmitting pin 310 exist inside the shaft 312 and is coupled to latch coupling shaft. There is no description of how the pin 310 interacts with shaft 312, the latch coupling shaft 308, and ultimately the motor 304.
Additionally, each of the independent claims recite, “a latch coupling shaft coupled to the torque transmitting pin and configured to interface with the motor coupling shaft.” But the details of the latch coupling and interface with the motor coupling shaft are not described.
In order to determine compliance with the enablement requirement of 35 U.S.C. 112(a), the Federal Circuit developed a framework of factors in In re Wands, 858 F.2d 731, 737, 8 USPQ2d 1400, 1404 (Fed. Cir. 1988), referred to as the Wands factors to assess whether any necessary experimentation required by the specification is "reasonable" or is "undue." Consistent with Amgen Inc. et al. v. Sanofi et al., 598 U.S. 594, 2023 USPQ2d 602 (2023), the Wands factors continue to provide a framework for assessing enablement in a utility application or patent, regardless of technology area. See Guidelines for Assessing Enablement in Utility Applications and Patents in View of the Supreme Court Decision in Amgen Inc. et al. v. Sanofi et al., 89 FR 1563 (January 10, 2024). These factors include, but are not limited to:
(A) The breadth of the claims;
(B) The nature of the invention;
(C) The state of the prior art;
(D) The level of one of ordinary skill;
(E) The level of predictability in the art;
(F) The amount of direction provided by the inventor;
(G) The existence of working examples; and
(H) The quantity of experimentation needed to make or use the invention based on the content of the disclosure.
After reviewing all of the above Wands factor, it is concluded that Applicant has failed to adequately address items (F), (G), and (H).
Regarding Wands factor (F), Applicant has provided a general description of how the system works in paragraphs [0044]-0046]. However, Applicant simply states that the motor rotates the motor coupling shaft 306 and the motor coupling shaft rotates the second end of the latch coupling shaft 308. Applicant vaguely describes the torque transmitting pin 310 moving outward “for automatic latching or unlatching of a ULD.” However, this is considerably more unlabeled/undescribed structure shown in Fig. 3B that appears integral to the functioning of the whole system. This lack of direction provided by the examiner results in the invention not being fully explained.
Regarding Wands factor (G), Applicant has provided one supposedly working example of the invention (as shown in Fig. 3B of Applicant’s drawings. However, significant information is missing from this example. For example, the structure of how the pin 310 relates to the shaft 312 and the latch coupling shaft 308 is missing from the description. This missing information appears to be critical to understanding the operation of the claimed device.
Regarding Wands factor (H), the quantity of experimentation is too great for one of ordinary skill in the art to understand how to build a functioning example of the invention. Fig. 3B of Applicant’s drawings schematically show how the invention operates. However, due to lack of description in the specification, it is not clear exactly what the schematic drawing is showing as outlined below in the image taken from Fig. 3B of Applicant’s drawings:
Applicant’s drawings, additional structure, that is not labeled or mentioned in the specification appears critical to the function of the invention:
[AltContent: ][AltContent: textbox (pins/apertures?)][AltContent: textbox (springs?)][AltContent: ][AltContent: ][AltContent: ][AltContent: ][AltContent: ]
PNG
media_image1.png
238
545
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Greyscale
[AltContent: textbox (unknown connection between pin 310 and latch coupling shaft 308)][AltContent: textbox (threads? )]
One of ordinary skill in the art would have to perform undue experimentation to interpret the above drawing to come up with a working example of the invention.
Claims 2-3, 5-6, 10-12, and 16-18 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claims 2-3, 5-6, 10, 12, 16, and 18 all refer to “a set position.” However, Applicant never describes or shows what the “set position” entails. The drawings appear to only show the restraint device 214 in an upright (presumably “engaged” position.)
Prior Art Discussion
Due to the 112(a) issues with the claims, prior art could not be accurately applied to the claims at this time. Once the 112(a) issue have been overcome, any relevant prior art will then be applied. The current state of the art shows that motors are known to control restraint devices as outlined in Hoskote Hanumantha Rao et al., Pratt et al., and Larson et al.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL J COLILLA whose telephone number is (571)272-2157. The examiner can normally be reached M-F 7:30 - 4:00.
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, Amy Weisberg can be reached at 571-270-5500. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Daniel J Colilla/Primary Examiner, Art Unit 3612
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