The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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 1-11 and 19-20 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.
In each of claims 1, 8 and 9, it is not understood what is meant by “when installed”, i.e., it is unclear how, in what manner, or what is being installed.
In each of claims 8-9 and 19-20, the recitation “the seat attachment device” lacks proper antecedent basis.
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 1 and 12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by York (US 4,806,063).
York shows a portable load assistant comprising: a winch 25, at least one load attachment device 32/35, and at least one seat belt attachment device 37/41/47 and/or 39/43/49, wherein the winch is adapted to wind or unwind a tether portion 29 of the at least one load attachment device, and the at least one seat belt attachment device is attachable to the winch (indirectly, via 19/21), such that the winch is “located between”, as broadly recited, the load attachment device and the seat belt attachment device when installed or operated, as broadly and indefinitely claimed.
Re claim 12, York discloses a method of transferring a load comprising: attaching at least one seat belt attachment device 37/41/47 and/or 39/43/49 to a vehicle; attaching at least one load attachment device 32/35 to a load to be transferred, wherein the at least one load attachment device is retractably attached to a winch 27 via a tether portion 29 of the at least one load attachment device; and winding the tether portion of the at least one seat belt attachment device with the winch to transfer the load to the vehicle (col. 2:56-65).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Azzarelli (US 9,604,827) in view of Chatwin et al (US 2014/0344634) and Spanyar (DE 3904107).
Azzarelli shows a portable load assistant for a vehicle comprising: a winch 28, at least one load attachment device 34, and at least one other attachment device (anchor component 18), wherein the winch is adapted to wind or unwind a tether portion of the at least one load attachment device, and the at least one other attachment device is attachable to the winch, such that the winch is located between the load attachment device and the other attachment device when installed or operated (Fig. 5).
Azzarelli does not show the other attachment device to be a seat belt attachment device, although it is noted that “other suitable removable attachment components may be utilized for anchoring the system in a fixed position as desired” (col. 4:60-63).
Chatwin shows a vehicle having a plurality of standardized anchor points which can be used for mounting various accessories on the vehicle, including a winch (par. [0053].
Spanyar teaches mounting/securing an article in a vehicle by providing at least one seat belt attachment device 26/29 and/or 27/28 on the article which is attachable to an existing seat belt buckle portion of the vehicle when installed.
It would have been obvious for one of ordinary skill in the art, prior to the effective filing date of the claimed invention, to have modified the apparatus of Azzarelli by configuring the anchor attachment device thereof as a seat belt attachment device, as collectively suggested by Chatwin and Spanyar, as this would be a convenient and universally available means of utilizing an “other suitable removable attachment component” for attaching a portable winch to a vehicle when used for a hoisting or pulling operation.
Re claim 2, the winch comprises a motorized winch (note motor 30), a housing 12, and a power port (not explicitly identified but considered inherent).
Re claim 3, the motorized winch comprises a self-contained power source (battery 22).
Re claim 4 Spanyar discloses at least two seat belt attachment devices, but they are not each attachable to the winch or housing at a common location. Nevertheless, it would have been obvious to have attached each of the at least two seat belt attachment devices to the winch or housing at a common location, since the attachment of the winch to the vehicle would need to be on the opposite side of the housing from the load attachment device to counteract the pulling force when the winch was operating.
Re claim 5, Spanyar shows that each seat belt attachment device comprises a male buckle portion 28, 29 of a seat belt buckle and an adjustable length tether 26, 27. This feature would obviously be included in the apparatus of Azzarelli when modified as above.
Re claims 6 and 7, Azzarelli discloses that the winch is operable via operational controls 24 located on the winch or housing or via remote operational controls 26 (Fig. 1 and col. 4:33-36).
Re claims 8-11, Spanyar shows that each of the male buckle portions of the seat belt attachment device is connected to a female buckle portion when installed, and the female buckle portion is connected to a vehicle. These features would obviously be included in the apparatus of Azzarelli when modified as above.
Re claim 12, when modified as above, the apparatus of Azzarelli would obviously be used for a method of transferring a load comprising: attaching at least one seat belt attachment device to a vehicle; attaching at least one load attachment device to a load to be transferred, wherein the at least one load attachment device is retractably attached to a winch via a tether portion of the at least one load attachment device; and winding the tether portion of the at least one seat belt attachment device with the winch to transfer the load to the vehicle.
Claims 13-20 are treated in the same manner as analogous claims 2-11 above.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to James Keenan whose telephone number is (571)272-6925. The examiner can normally be reached Mon. - Thurs.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ernesto Suarez can be reached at 571-270-5565. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/James Keenan/
Primary Examiner
Art Unit 3652
6/16/26
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