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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on June 11, 2026 has been entered.
Claim Objections
Claim 19 is objected to because of the following informalities: the recitation “between faces” (line 3) should be replaced with -- between the faces --. 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 1-20 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.
Claim 1 recites the limitation "the faces" in line 4. There is insufficient antecedent basis for this limitation in the claim. Claims 2-20 depend from claim 1 and therefore are also rejected under this section.
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.
Claim(s) 1-15 and 17-20, as best understood, is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Costa, US 2012/0280523.
Regarding claim 1, Costa discloses a system comprising: a winch rigging link having a body (100, 104) defining a cable retainer (100) and a soft shackle retainer (104) at opposite ends (figure 7), the soft shackle retainer (104) defining a curved soft shackle bearing surface (116) curving between the faces (112a, 112b) away from the cable retainer (100; it is noted that the surface 116 has a curved outer cylindrical surface that curves away from 100), thereby defining a figure of eight shape (see figure 7) comprising the cable retainer (100) and the soft shackle retainer (104); a fairlead (136); and a winch line (124) passing through the fairlead (136), wherein the winch line (124) is engaged by the cable retainer (100); and a soft shackle (see the recovery strap in figure 7; said strap is attached to the shackle retainer 104) having a looped end (that is wrapped around the bearing surface 116 of the retainer 104) passing through a channel (having a width w as shown in the figure 7) of the soft shackle retainer (104), the looped end (figure 7) of the soft shackle (the recovery strap) bearing against the soft shackle bearing surface (see figure 7).
Regarding claim 2, Costa discloses the system as claimed in claim 1, wherein the winch line (124) is engaged between bifurcated portions (of the base 400 that are divided into two portions by a member 504 shown in figure 5) of the cable retainer (100).
Regarding claim 3, Costa discloses the system as claimed in claim 2, wherein the winch line (124) is engaged by a pin (504) spanning between the bifurcated portions (see figure 5).
Regarding claim 4, Costa discloses the system as claimed in claim 2, wherein the cable retainer (100) is bifurcated with respect to a longitudinal axis (along the length of the retainer 100) defined by the winch rigging link (figure 1).
Regarding claim 5, Costa discloses the system as claimed in claim 3, wherein the pin (504) is removable via a hole (604) through one of the bifurcated portions (see figure 6).
Regarding claim 6, Costa discloses the system as claimed in claim 5, wherein a distal end (opposite to the end having a cotter pin 608 in figure 6) of the pin (504) is engaged in an inner blind hole (in the other divided portion of 400 as shown in the figure 6) in one of the bifurcated portions (of the base 400).
Regarding claim 7, Costa discloses the system as claimed in claim 1, wherein the soft shackle bearing surface bearing surface (116) further has a curvature along its length (see figure 7).
Regarding claim 8, Costa discloses the system as claimed in claim 1, wherein ends (having the eyelets 112a, 112b) of the soft shackle bearing surface (116) are parallel (see figure 7).
Regarding claim 9, Costa discloses the system as claimed in claim 8, wherein ends of the soft shackle bearing surface (116) are parallel with respect to a longitudinal axis (along the length direction of the link) defined by the winch rigging link (see figure 7).
Regarding claim 10, Costa discloses the system as claimed in claim 1, wherein curvature of the soft shackle bearing surface (116) has a diameter (the longest distance between the curved surface 116) greater than a width (of the base 100) of the winch rigging link (see figure 7).
Regarding claim 11, Costa discloses the system as claimed in claim 10, wherein a curvature of the soft shackle bearing surface (116) has a constant radius (see figure 7).
Regarding claim 12, Costa discloses the system as claimed in claim 1, wherein the channel (for the soft shackle to be retained within) through the soft shackle retainer (104) defining the bearing surface (116) defines a straight axis (via a middle of the channel) and a tangential curved axis (along the surface 116; see figure 8).
Regarding claim 13, Costa discloses the system as claimed in claim 1, wherein the cable retainer (100) defines a cable bearing surface (on 504) and wherein the cable bearing surface (504) and the soft shackle bearing surface (116) engage the winch line (124) and the looped end (figure 7) of the soft shackle (the towing strap) in orthogonal planes respectively (see figure 7).
Regarding claim 14, Costa discloses the system as claimed in claim 13, wherein the cable bearing surface (of 504) is defined by a pin (504).
Regarding claim 15, Costa discloses the system as claimed in claim 1, wherein one of the faces (112a, 112b) is pulled flat against the fairlead (136) by the winch line (124) in a stowed configuration (when stored through a fairlead opening 140).
Regarding claim 17, Costa discloses the system as claimed in claim 1, wherein a longitudinal axis of the winch rigging link is in alignment with the winch line (124) in a winching configuration (figure 1).
Regarding claim 18, Costa discloses the system as claimed in claim 1, wherein the winch rigging link narrows (see figure 7) between the cable retainer (100) and the soft shackle retainer (104).
Regarding claim 19, Costa discloses the system as claimed in claim 1, wherein the channel (having the width w) runs widthwise across the soft shackle retainer (104) between the faces (112a, 112b) of the bearing surface (116).
Regarding claim 20, Costa discloses the system as claimed in claim 19, wherein the cable retainer (100) and soft shackle retainer (104) each partially define a respective circular cross-section (see figure 4 and the inherent circular cross section of 116).
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.
Claim(s) 16, as best understood, is/are rejected under 35 U.S.C. 103 as being unpatentable over Costa, US 2012/0280523 in view of Costa, US 2017/0227089 (hereinafter Costa ‘089).
Regarding claim 16, Costa discloses the system as claimed in claim 15 except for bumpers interfacing the winch rigging link and the fairlead.
Costa ‘089 teaches a system comprising bumpers (504) to interface the winch link (100) and the fairlead (see paragraph [0056]). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Costa to further include bumpers as taught by Costa ‘089 in order to reduce wear between the link and the fairlead.
Response to Arguments
Applicant's arguments filed June 11, 2026 have been fully considered but they are not persuasive. Applicant has amended claim 1 to require a soft shackle having a looped end passing through a channel of the soft shackle retainer’ in which the reference of Costa (US 9,388,025) has been reconsidered to read on the amended features as rejected above.
Applicant has argued that the claimed body must be unitary and Costa has disclosed two separate distinct components (of the body). The argument is found not persuasive in view of the recitation “a body defining a cable retainer and a soft shackle retainer at opposite ends” in claim 1. The claim has used open ended term “comprising” and does not recite “unitary body”, “single piece body” or “integrally formed body”. Therefore, the rejection of claim 1 above has advanced how the body (100, 104) of Costa reads on the claimed body. For the same reason stated above, the figure of eight shape was not required by the claim to be defined by a single unitary piece. As rejected, figure 7 of Costa shows the assembled attachment presenting a figure of eight shape in plan view.
Applicant further argues that a recovery strap is different from a soft shackle since the soft shackle should be considered made of synthetic rope with a looped end and a stopper knot. The argument is found not persuasive since it is more limiting than the claimed invention; amended claim 1 does not define soft shackle by its material, construction method, or stopper knot mechanism. Instead, the soft shackle is required to have a looped end passing through the channel of the retainer in which Costa meets the claimed requirements by disclosing the ‘soft shackle’ 708 with a looped end that passes through the ‘channel’ (having the width w) of the retainer 104 in figure 7.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 for similar art cited. For example, Fincher (US 10,046,611) discloses a winch link having cable retaining portion at one end and a soft shackle retaining portion at an opposite end, providing a connection interface between a winch line and a soft shackle for vehicle recovery operations; and McCarthy (US 2021/0252926 and US 2018/0244504) teaches a soft shackle for use in automotive tow hitch devices.
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/R.D./ Examiner, Art Unit 3677
/JASON W SAN/ SPE, Art Unit 3677
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