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 § 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) 1-3, 10 and 13-14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wingert (US 1,261,666).
Regarding claim 1, Wingert discloses an apparatus comprising:
a winch plate (lower parallel arm 4 as shown in Fig. 2; 6, 13 together form the winch plate);
a gear assembly (11) coupled to the winch plate and configured to rotate with respect to the winch plate;
a support bracket assembly (21, 24) coupled to the winch plate, the support bracket assembly including a hook (24); and
a winch pawl (17) including a slot (interior angled space between 18 and 17),
wherein the winch pawl is further configured to rotate in a first direction and move the slot away from the winch plate to accept the hook into the slot, thereby disengaging the winch pawl from the gear assembly (the device of Fig. 1 behaves in the claimed manner wherein the pawl slot is moving away from the winch plate including the crossbar 13; Column 2, lines 12-17),
and
wherein the winch pawl is further configured to rotate in a second direction and move the slot toward the winch plate to disengage the hook from the slot, thereby engaging the winch pawl with the gear assembly (Figs. 1 as shown).
Regarding claim 2, Wingert further discloses wherein the winch plate includes at least a first hole (Fig. 2 shows the shaft 7 passing through the winch plate) and a second hole (Figs. 1-3 show rod 21 passing through a hole in the winch plate).
Regarding claim 3, Wingert further discloses wherein the gear assembly is coupled to the winch plate through the first hole of the winch plate (Figs. 1-2 as shown).
Regarding claim 10, Wingert further discloses wherein the gear assembly includes dual-gear teeth and resting surfaces (the teeth can be grouped in adjacent pairs wherein one of the sides can be designated as a resting surface).
Regarding claim 13, Wingert discloses an apparatus comprising:
a gear assembly (11) coupled to and configured to rotate with respect to the winch plate;
a winch pawl (17) coupled to and rotated to engage and disengage from the gear assembly, the winch pawl configured to move away from the and toward the winch plate (the device of Fig. 1 behaves in the claimed manner wherein the pawl slot is moving away from the winch plate including the crossbar 13; Column 2, lines 12-17);
a support bracket assembly (51, 52) coupled to the winch plate, the support bracket assembly including a hook (Figs. 9-14 show wherein a distal tip is engageable with pawl 34) to keep the winch pawl disengaged from the gear assembly; and
a torsion spring (41) configured to keep the winch pawl engaged to the gear assembly.
Regarding claim 14, Tanaka further discloses wherein the winch pawl comprises a slot (interior angled space between 18 and 17), wherein the winch pawl is configured to move the slot away from the winch plate to accept the hook into the slot, thereby disengaging the winch pawl and to disengage from the gear assembly (the device of Fig. 1 behaves in the claimed manner wherein the pawl slot is moving away from the winch plate including the crossbar 13; Column 2, lines 12-17), and wherein the winch pawl is further configured to move the slot toward the winch plate to disengage the hook from the slot, thereby engaging the winch pawl with the gear assembly (Figs. 1 as shown).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
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.
Claim(s) 4-9, 11, 15, 16 and 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wingert as applied to claims 2 and 10 above, and further in view of Bailey (US 5,156,506).
Regarding claims 4 and 9, Wingert further discloses a pin (21) having a proximal end and a distal end, wherein the proximal end is inserted through the second hole of the winch plate (Figs. 1-3 as shown), but fails to disclose the pin includes a side hole with a spring pin configured to insert into the side hole of the pin to secure the winch pawl onto the winch plate.
Bailey teaches a side hole with a pin (58, Figs. 4-5 as shown).
From this teaching of Bailey, it would have been obvious to one of ordinary skill before the effective filing date of the invention to recognize providing a pin and side hole arrangement would prevent unintended movement of the pin while still allowing easy insertion of the pin during assembly and allow quicker replacement than a threaded fastener.
Regarding claim 5, Bailey further teaches wherein a winch pawl (66) further includes tips (Figs. 5-9 as shown), a first side, a second side, a rear end (Figs. 4-9 show opposed sides include two tips and a rear end connecting the opposed sides), and a pair of holes (68 is shown passing through holes in each side), and wherein the pin passes through the pair of holes of the winch pawl (Fig. 6 as shown).
From this teaching of Bailey, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include opposed ratchet wheels on both ends of shaft (7 of Wingert) with the double ended winch pawl of Bailey with the rear end bridging the under sides of the parallel arms (4) of Wingert. This arrangement reduces moments about axes perpendicular to the shaft preventing undue stress on the ratchet frame.
Regarding claim 6, Wingert further discloses a compression spring (21) disposed between the winch plate and the first side of the winch pawl (Fig. 1 as shown), the pin inserted through the compression spring, wherein the compression spring is configured to push the winch pawl away from the winch plate (Fig. 1 shows wherein spring 21 pushes the pawl 17 in a clockwise direction wherein a downward portion would be a direction away from the top ends of 6).
Regarding claim 7, the combination device of Wingert and Bailey further discloses a torsion spring (25 of Wingert) disposed between the first side and the second side of the winch pawl, the pin inserted through the torsion spring, wherein the torsion spring is configured to move the rear end of the winch pawl up and to drop the tips down to engage the gear assembly (the double ended winch pawl of Bailey would be situated on the modified device of Wingert such that the torsion spring would sit between the two sides and move the rear end of the pawl up and drop the tips down).
Regarding claim 8, Wingert further discloses wherein the support bracket assembly further includes a bracket hole, through which the pin passes (Figs. 1 and 2 show rod 21 passing through 24).
Regarding claim 11, Wingert further discloses wherein the winch pawl further includes a tip (Fig. 1 as shown), wherein the tip rest on or above the resting surfaces when the winch pawl is disengaged from the gear assembly (when the winch pawl is disengaged, the tips will be above the resting surfaces), and wherein the tips drop on the dual-gear teeth when the winch pawl is engaged with the gear assembly (Fig. 1 as shown).
Wingert fails to disclose tips.
Bailey teaches a winch pawl (66) with tips (Figs. 5-9 as shown).
From this teaching of Bailey, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include opposed ratchet wheels on both ends of shaft (7 of Wingert) with the double ended winch pawl of Bailey with the rear end bridging the under sides of the parallel arms (4) of Wingert to form plural tips. This arrangement reduces moments about axes perpendicular to the shaft preventing undue stress on the ratchet frame.
Regarding claims 15 and 20, Wingert further discloses a pin (21) having a proximal end and a distal end, wherein the distal end is inserted through the winch plate, but fails to disclose the pin includes a side hole and further comprising a spring pin configured to insert into the side hole of the pin to secure the winch pawl onto the winch plate.
Bailey teaches a pin inserted into a side hole (pin 58 is shown inserted into a hole).
From this teaching of Bailey, it would have been obvious to one of ordinary skill before the effective filing date of the invention to recognize providing a pin and side hole arrangement would prevent unintended movement of the pin while still allowing easy insertion of the pin during assembly and allow quicker replacement than a threaded fastener.
Regarding claim 16, Bailey further teaches wherein a winch pawl (66) further includes tips (Figs. 5-9 as shown), a first side, a second side, a rear end (Figs. 4-9 show opposed sides include two tips and a rear end connecting the opposed sides), and a pair of holes (68 is shown passing through holes in each side), wherein the pin passes through the pair of holes of the winch pawl (Fig. 6 as shown), and wherein the torsion spring is disposed between the first side and the second side of the winch pawl (the double ended winch pawl of Bailey would be situated on the modified device of Wingert such that the torsion spring would sit between the two sides and move the rear end of the pawl up and drop the tips down).
From this teaching of Bailey, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include opposed ratchet wheels with the double ended winch pawl of Bailey with the rear end bridging the under sides of the parallel arms (4) of Wingert. This arrangement reduces moments about axes perpendicular to the shaft preventing undue stress on the ratchet frame.
Regarding claim 18, the combination device of Wingert and Bailey further discloses wherein the torsion spring is configured to move the rear end of the winch pawl up and to drop the tips down to engage the gear (the double ended winch pawl of Bailey would be situated on the modified device of Wingert such that the torsion spring would sit between the two sides and move the rear end of the pawl up and drop the tips down).
Regarding claim 19, the combination device of Wingert and Bailey further discloses wherein the gear assembly further includes dual-gear teeth and resting surfaces (the teeth of Wingert can be grouped in adjacent pairs wherein one of the sides can be designated as a resting surface), and wherein the tips of the winch pawl rest on or above the resting surface when the winch pawl is disengaged from the gear assembly (when the winch pawl is disengaged, the tips will be above the resting surfaces), and wherein the tips drop on the dual-gear teeth when the winch pawl is engaged with the gear assembly (Fig. 1 of Wingert as shown).
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wingert as applied to claim 10 above, and further in view of Bailey and Graves (US 2022/0126745).
Regarding claim 12, Wingert discloses the invention except for the inclusion of mandrel holes in between the dual-gear teeth for turning the gear assembly with a winch bar.
Bailey teaches spaced dual gears (60) and Graves teaches a ratchet device with mandrel holes (Fig. 1 shows an inboard piece 9 provided with mandrel holes).
From this teaching of Bailey and Graves, it would have been obvious to one of ordinary skill before the effective filing date of the invention, to provide the spaced gear arrangement of Bailey with an inboard piece with mandrel holes as taught by Graves between the spaced gears to ease manual rotation by allowing for enhanced leverage without the permanent addition of a lever arm. The spaced gears reduce moments about axes perpendicular to the shaft preventing undue stress on the ratchet frame.
Allowable Subject Matter
Claim 17 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: Wingert and Bailey fail to anticipate or make obvious a winch comprising a torsion spring and compression spring in combination with all the limitations included in dependent claim 17 and its parent claims.
Response to Arguments
Applicant’s arguments with respect to the claim(s) have been considered but are moot because the new ground of rejection does not rely on the primary reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Applicant’s amendments have been addressed in the rejections above.
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 MICHAEL S LEE whose telephone number is (571)270-5735. The examiner can normally be reached M-F 9-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jason San can be reached at (571) 272-6531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/M.S.L/Examiner, Art Unit 3677
/JASON W SAN/SPE, Art Unit 3677
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