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 Objections
Claims 1, 8, and 15 are objected to because of the following informalities:
In line 21 of claims 1 and 15, “the shackle” should read ---the soft shackle--- for consistency.
In line 17 of claim 1, “the cable” should read ---the winch cable--- for consistency.
In line 3 of claim 8, “the bridging portions” should read ---the side bridging portions---.
Appropriate correction is required.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 1, 4-8, and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Curchod (US8002244B2) in view of Gazit (WO2022190092).
Regarding claim 1, Curchod discloses an assembly for coupling a winch cable (36; Figure 1) and a soft shackle (10), the assembly including: a winch ring (2, 6) having a body (6) defining opposed sides (left and right side of sheave 6) and a central aperture (central hole of sheave 6) between the sides to define an axis, and having a hub (2) carried in the central aperture, the hub (2) defining a rounded entrance and exit to the central aperture, the central aperture and hub (2) dimensioned to receive the soft shackle (10) therethrough, the body (6) defining a peripheral annular groove (U-shaped groove about the circumference of the sheave 6) extending about the axis to receive the winch cable (36): and a housing (4a, 4b, 22) having opposed gripping members (top ends of 4a,4b where hub 2 is joined) joined by at least one bridging portion (22), the at least one bridging portion (22) shaped to extend radially about the axis to enclose a portion of the annular groove to inhibit removal of the cable (36) from the winch ring (2, 6), the gripping members being mountable about the hub (2) to permit relative rotation of the body (6) and the housing (4a, 4b, 22) about the axis, each gripping member shaped to at least partially surround the hub (2; aperture of plates 4a,4b surround hub 2) such that the shackle (10) passes through the central aperture, but fails to teach the gripping members being resiliently pivotable relative to the at least one bridging portion and biased towards each other to grip the opposed sides of the body to be releasably mountable to the hub to position the at least one bridging portion across the annular groove.
Gazit teaches a similar assembly and further teaches the gripping members (80; Figure 1B) being resiliently pivotable relative to the at least one bridging portion (60) and biased towards each other (¶0042; gripping members 80 expand outward pivoting in relation to bridging portion 60 in order to accept the hub 110 and gripping members then return closer to each other to grip the hub) to grip the opposed sides (91, 92; Figures 1C-1D) of the body (30; Figure 1A) to be releasably mountable to the hub (110) to position the at least one bridging portion (60) across the annular groove (93; Figure 1F). It would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to modify the assembly of Curchod to include the gripping members as taught by Gazit in order to easily and quickly attach and remove the housing from the sheave for installing the winch cable.
Regarding claim 4, Curchod discloses the above assembly, but fails to teach wherein each gripping member defines a free end extending away from the at least one bridging portion, and a portion of each gripping member adjacent the free end is arranged to diverge away from the corresponding portion of the other gripping member.
Gazit teaches a similar assembly and further teaches wherein each gripping member (80) defines a free end extending away from the at least one bridging portion (60; bottom curved portion of gripping member 80 is at a free end in relation to the bridging portion 60 of the housing 20; Figure 1A), and a portion of each gripping member (80) adjacent the free end is arranged to diverge away from the corresponding portion of the other gripping member (80; lower portion of gripping members 80 expand outward pivoting in relation to bridging portion 60 in order to accept the hub 110; ¶0042). It would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to modify the assembly of Curchod to include the gripping members as taught by Gazit in order to easily and quickly attach and remove the housing from the sheave for installing the winch cable.
Regarding claim 5, Curchod discloses wherein the at least one of the gripping members is shaped to encircle the central aperture (circular apertures on top ends of 4a,4b where hub 2 is joined).
Regarding claim 6, Curchod discloses the wherein each gripping member (top ends of 4a,4b where hub 2 is joined) defines an aperture (circular apertures on top ends of 4a,4b where hub 2 is joined) dimensioned to surround the hub (2), and each gripping member defines at least one cut out arranged to centralise the aperture on the hub (2).
Regarding claim 7, Curchod discloses the above assembly, but fails to teach wherein the at least one bridging portion is arranged to extend around at least 90 degrees about the axis of the winch ring.
Gazit teaches a similar assembly and further teaches wherein the at least one bridging portion (60) is arranged to extend around at least 90 degrees (120-180 degrees) about the axis of the winch ring (30, 110). It would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to modify the assembly of Curchod to include the bridging portion as taught by Gazit in order to further inhibit removal of the cable across a greater radius of the winch ring while preventing damage to the cable.
Regarding claim 8, Curchod discloses the above assembly and further teaches a central bridging portion (22), but fails to teach a pair of spaced side bridging portions, and wherein the bridging portions are arranged to extend about more than 90 degrees about the axis of the winch ring.
Gazit teaches a similar assembly and further teaches a pair of spaced side bridging portions (bridging portions 60 nearly horizontal to the axis of the hub 110; Figure 1A), and wherein the bridging portions are arranged to extend about more than 90 degrees (about 180 degrees) about the axis of the winch ring (30, 110). It would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to modify the assembly of Curchod to include the side bridging portions as taught by Gazit in order to further inhibit removal of the cable across a greater radius of the winch ring while preventing damage to the cable.
Regarding claim 13, Curchod discloses wherein the hub (2) is fixedly secured to the body (6), but fails to teach wherein the hub is rotatably locked to the body.
Gazit teaches a similar assembly and further teaches wherein the hub (110) is rotatably locked to the body (30; ¶0035). It would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to modify the assembly of Curchod to include the hub as taught by Gazit in order to reduce moving parts for ease of maintenance and reduction in cost.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Curchod, in view of Gazit, and in further view of Olinger (US1627572A).
Regarding claim 10, modified Curchod discloses the above assembly, but fails to teach wherein each side bridging portion defines a flared outer edge section.
Olinger teaches a similar housing and further teaches wherein each side bridging portion (SBP; see Olinger annotated Figure 1 below) defines a flared outer edge section (FES). It would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to modify the assembly of Curchod to include the side bridging portions as taught by Olinger in order to preventing damage to the cable by reducing sharp edges.
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Olinger, Annotated Figure 1
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Curchod, in view of Hancock (US10029893B2), and in further view of Gazit.
Regarding claim 15, Curchod discloses a winch assembly for facilitating winching of a vehicle, the assembly including: a soft shackle (10; Figure 1); a winch ring (2, 6) having a body (6) defining opposed sides (left and right side of sheave 6) and a central aperture (central hole of sheave 6) between the sides to define an axis, and having a hub (2) carried in the central aperture, the hub (2) defining a rounded entrance and exit to the central aperture, the central aperture and hub dimensioned to receive the soft shackle (10) therethrough, the body (6) defining a peripheral annular groove (U-shaped groove about the circumference of the sheave 6) for receiving the cable (36); and a housing (4a, 4b, 22) having opposed gripping members (top ends of 4a,4b where hub 2 is joined) joined by at least one bridging portion (22), the at least one bridging portion (22) shaped to extend radially about the axis to enclose a portion of the annular groove to inhibit removal of the cable (36) from the winch ring (2, 6), the gripping members being mountable about the hub (2) to permit relative rotation about the axis, each gripping member shaped to at least partially surround the hub (2; aperture of plates 4a,4b surround hub 2) such that the shackle (10) passes through the central aperture, but fails to teach an electrically powered winch for mounting to the vehicle, the winch connected to a cable and operable to wind the cable to adjust its effective length; the gripping members being resiliently pivotable relative to the at least one bridging portion and biased towards each other to grip the opposed sides of the body to be releasably mountable to the hub to position the at least one bridging portion across the annular groove
Hancock teaches a similar winch assembly and further teaches an electrically powered winch (52; Figure 1; column 2, lines 45-50) for mounting to the vehicle (12; Figure 5), the winch (52) connected to a cable (54) and operable to wind the cable (54) to adjust its effective length. It would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to modify the housing of Maire to include the electrically powered winch as taught by Hancock in order to provide easier operation and reduce effort by the operator and enable greater loads to be lifted or pulled.
Gazit teaches a similar assembly and further teaches the gripping members (80; Figure 1B) being resiliently pivotable relative to the at least one bridging portion (60) and biased towards each other (¶0042; gripping members 80 expand outward pivoting in relation to bridging portion 60 in order to accept the hub 110 and gripping members then return closer to each other to grip the hub) to grip the opposed sides (91, 92; Figures 1C-1D) of the body (30; Figure 1A) to be releasably mountable to the hub (110) to position the at least one bridging portion (60) across the annular groove (93; Figure 1F). It would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to modify the assembly of Curchod to include the gripping members as taught by Gazit in order to easily and quickly attach and remove the housing from the sheave for installing the winch cable.
Response to Arguments
Applicant's arguments filed 05/11/2026 with respect to claims 1 and 15 have been fully considered but they are not persuasive.
Regarding claims 1 and 15, in pages 7-10 and the first two lines in page 11, the applicant argued that the disclosures of Maire, Gazit, Olinger, and Hancock fail to teach an assembly for coupling a winch cable and a soft shackle, the assembly including a winch ring and a housing, the winch ring includes a body and a hub carried by the body, and the hub defines a rounded entrance and exit to the central aperture through the winch ring, and the housing has resiliently pivotable, biased gripping members which grip the hub to facilitate relative rotation of the winch ring and the housing and allow the shackle to be passed through the central aperture.
The examiner agrees that the disclosures of Maire, Gazit, Olinger, and Hancock fail to teach an assembly for coupling a winch cable and a soft shackle. However, the examiner construed that the disclosure of Curchod teaches an assembly for coupling a winch cable and a soft shackle, the assembly including a winch ring and a housing, the winch ring includes a body and a hub carried by the body, and the hub defines a rounded entrance and exit to the central aperture through the winch ring, and wherein the shackle is allowed to be passed through the central aperture, as described above. The examiner agrees that the disclosures of Maire, Olinger, and Hancock fail to teach wherein the housing has resiliently pivotable, biased gripping members which grip the hub to facilitate relative rotation of the winch ring and the housing and allow the shackle to be passed through the central aperture. However, the examiner construed that the disclosure of Gazit teaches wherein the housing 20 has resiliently pivotable, biased gripping members 80 that expand outward pivoting in relation to the bridging portion 60 in order to accept the hub 110 of the winch ring 30,110, and in which the gripping members then return closer to each other to grip the hub into a central position of the housing to facilitate relative rotation of the winch ring and the housing. Thus, contradicting to applicant’s assertions, such amendment does not overcome the prior art.
Allowable Subject Matter
Claim 9 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:
Claim 9 would be allowable over the prior art of record because the prior art of record fails to teach or fairly suggest the entire combination of elements set forth including for disclosing wherein each side bridging portion defines a split extending perpendicular to the axis to divide the side bridging portion into two sections, whereby the two sections are separable when the gripping members are urged apart when being mounted on the winch ring.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Additional references listed on form PTO-892 are cited for their relevance to the disclosed invention and demonstration of the state of the art.
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.
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/H.S./ Examiner, Art Unit 3654
/Victoria P Augustine/ Supervisory Patent Examiner, Art Unit 3654
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