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 .
DETAILED ACTION
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-9, 11, and 13-16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2008/0121161 A1 Pugh (Pugh).
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As is evident from Annotated Pugh Fig 2 above and Fig 3 above, the cleat assembly of Pugh is constructed symmetrically, with the second leg receptacle, second tube, second threaded fastener, second base plate bushing receptacle, second ledge, and second friction bushing each corresponding structurally to the first leg receptacle, first tube, first threaded fastener, first base plate bushing receptacle, first ledge, and first friction bushing shown in detail in Annotated Pugh Fig 6 above and Annotated Pugh Fig 7 Above respectively. This is further supported by Pugh’s specification at paragraph [0014] lines 3-4, which expressly discloses “a pair of downwardly depending threaded tube elements” confirming the existence of all paired first and second elements and their associated structures.
Regarding claim 1, Pugh discloses a cleat assembly comprising (Annotated Pugh Fig 1 Above): a base plate (Annotated Pugh Fig 2 Above) comprising a face plate (Annotated Pugh Fig 2 Above) including a first leg receptable (Annotated Pugh Fig 2 Above), a second leg receptacle (Annotated Pugh Fig 2 Above), and a first tube (Annotated Pugh Fig 2 Above) in communication with the first leg receptacle (Annotated Pugh Fig 2 Above) and a second tube (Annotated Pugh Fig 2 Above) in communication with the second leg receptacle (Annotated Pugh Fig 2 Above), both the first tube (Annotated Pugh Fig 2 Above) and the second tube (Annotated Pugh Fig 2 Above) integral with the face plate (Annotated Pugh Fig 2 Above) and extending from the face plate (Annotated Pugh Fig 2 Above), the first tube (Annotated Pugh Fig 2 Above) and the second tube (Annotated Pugh Fig 2 Above) each comprising a lower portion (Annotated Pugh Fig 2 Above) and a threaded portion (Annotated Pugh Fig 2 Above) to respectively receive a first threaded fastener (Annotated Pugh Fig 2 Above) and a second threaded fastener (Annotated Pugh Fig 2 Above) configured to mount the base plate (Annotated Pugh Fig 2 Above); a first base plate bushing receptacle (Annotated Pugh Fig 6 Above) in an upper portion of the first tube (Annotated Pugh Fig 6 Above) and including a first ledge (Annotated Pugh Fig 6 Above) and a second base plate bushing receptacle (Annotated Pugh Fig 2 Above) in an upper portion of the second tube (Annotated Pugh Fig 2 Above) and including a second ledge (Annotated Pugh Fig 2 Above); a first friction bushing (Annotated Pugh Fig 5 Above) and a second friction bushing (Annotated Pugh Fig 2 Above), each of the first friction bushing (Annotated Pugh Fig 5 Above) and the second friction bushing (Annotated Pugh Fig 2 Above) comprising a sleeve (Annotated Pugh Fig 5 Above) of flexible material including a gap (Annotated Pugh Fig 5 Above) configured to allow expansion and contraction of the friction bushing (Annotated Pugh Fig 5 Above) to be inserted respectively in the first base plate bushing receptacle (Annotated Pugh Fig 6 Above) and the second base plate bushing receptacle (Annotated Pugh Fig 2 Above); a cleat (Annotated Pugh Fig 2 Above) comprising a securing portion (Annotated Pugh Fig 2 Above) and a first leg (Annotated Pugh Fig 2 Above) and a second leg (Annotated Pugh Fig 2 Above) extending from the securing portion (Annotated Pugh Fig 2 Above), the first leg (Annotated Pugh Fig 2 Above) and the second leg (Annotated Pugh Fig 2 Above) spaced apart and configured to respectively slide in the first friction bushing (Annotated Pugh Fig 5 Above) and the second friction bushing (Annotated Pugh Fig 2 Above) to allow the securing portion (Annotated Pugh Fig 2 Above) to be raised from a stowed position (Annotated Pugh Fig 1 Above) to an extended position (Annotated Pugh Fig 2 Above) to allow a line to be secured to the securing portion (Annotated Pugh Fig 2 Above); and a first fastener (Annotated Pugh Fig 7 Above) and a second fastener (Annotated Pugh Fig 2 Above), each of the first fastener (Annotated Pugh Fig 7 Above) and the second fastener (Annotated Pugh Fig 2 Above) comprising threads (Annotated Pugh Fig 7 Above) and a head (Annotated Pugh Fig 7 Above) configured to secure the cleat (Annotated Pugh Fig 7 Above) to the base plate (Annotated Pugh Fig 7 Above) and prevent the cleat (Annotated Pugh Fig 7 Above) from being removed from the base plate (Annotated Pugh Fig 7 Above) when the cleat is in the extended position (Annotated Pugh Fig 7 Above).
Regarding claim 2, Pugh discloses wherein each of the first friction bushing (Annotated Pugh Fig 5 Above) and the second friction bushing (Annotated Pugh Fig 2 Above) comprises channels (Annotated Pugh Fig 5 Above) configured to allow water to pass through the first friction bushing (Annotated Pugh Fig 5 Above) and the second friction bushing (Annotated Pugh Fig 2 Above) and through the first tube (Annotated Pugh Fig 5 Above) and the second tube (Annotated Pugh Fig 2 Above) to exit the cleat assembly (Annotated Pugh Fig 1 Above).
Regarding claim 3, Pugh discloses wherein each of the first friction bushing (Annotated Pugh Fig 5 Above) and the second friction bushing (Annotated Pugh Fig 2 Above) comprises friction extensions (Annotated Pugh Fig 5 Above) configured to contact the first leg (Annotated Pugh Fig 6 Above) and the second leg (Annotated Pugh Fig 2 Above) as cleat (Annotated Pugh Fig 2 Above) is raised and lowered.
Regarding claim 4, Pugh discloses wherein the friction extensions (Annotated Pugh Fig 5 above) comprise longitudinal protrusions (Annotated Pugh Fig 5 above) extending radially on an inner surface (Annotated Pugh Fig 5 above) of the friction bushing (Annotated Pugh Fig 5 above).
Regarding claim 5, Pugh discloses wherein the longitudinal protrusions (Annotated Pugh Fig 5 above) are spaced on the inner surface (Annotated Pugh Fig 5 above) of each of the first friction bushing (Annotated Pugh Fig 5 above) and the second friction bushing (Annotated Pugh Fig 5 above) and separated by channels (Annotated Pugh Fig 5 above) configured to allow water to pass through each of the first friction bushing (Annotated Pugh Fig 5 above) and the second friction bushing (Annotated Pugh Fig 2 above) and through the first tube (Annotated Pugh Fig 6 above) and second tube (Annotated Pugh Fig 2 above) to exit the cleat (Annotated Pugh Fig 2 above).
Regarding claim 6, Pugh discloses wherein each of the first friction bushing (Annotated Pugh Fig 5 Above) and the second friction bushing (Annotated Pugh Fig 2 Above) comprises at least three longitudinal protrusions (Annotated Pugh Fig 5 Above).
Regarding claim 7, Pugh discloses wherein the first friction bushing (Annotated Pugh Fig 6 Above) is seated upon the first ledge (Annotated Pugh Fig 6 Above) and the second friction bushing (Annotated Pugh Fig 2 Above) is seated upon the second ledge (Annotated Pugh Fig 2 Above).
Regarding claim 8, Pugh discloses wherein the first leg (Annotated Pugh Fig 2 above) comprises a first threaded receptacle (Annotated Pugh Fig 7 above) and the second leg (Annotated Pugh Fig 2 above) comprises a second threaded receptacle (Annotated Pugh Fig 2 above), each of first threaded receptacle (Annotated Pugh Fig 7 above) and the second threaded receptacle (Annotated Pugh Fig 2 above) are respectively configured to receive the first fastener (Annotated Pugh Fig 7 above) and the second fastener (Annotated Pugh Fig 2 above) to secure the cleat (Annotated Pugh Fig 7 above) to the base plate (Annotated Pugh Fig 7 above) and prevent the cleat (Annotated Pugh Fig 7 above) from being removed from the base plate (Annotated Pugh Fig 7 above) when the cleat (Annotated Pugh Fig 7 above) is in the extended position (Annotated Pugh Fig 7 above).
Regarding claim 9, Pugh discloses further comprising at least a first washer (Annotated Pugh Fig 7 Above) and a second washer (Annotated Pugh Fig 2 Above) respectively configured to be positioned on the first fastener (Annotated Pugh Fig 7 Above) and the second fastener (Annotated Pugh Fig 7 Above).
Regarding claim 11, Pugh discloses the cleat (Annotated Pugh Fig 1 Above) assembly consists essentially of metal material (paragraph [0016] line 7), except for the first friction bushing (paragraph [0016] line 2) and the second friction bushing (paragraph [0016] lines 2).
Regarding claim 13, Pugh discloses wherein the first tube (Annotated Pugh Fig 2 Above), the second tube (Annotated Pugh Fig 2 Above) and the face plate comprise a unitary piece of metal (paragraph [0016] line 7).
Regarding claim 14, Pugh discloses wherein the first tube (Annotated Pugh Fig 2 Above) and the second tube (Annotated Pugh Fig 2 Above) are welded to the face plate (Annotated Pugh Fig 2 Above).
Regarding claim 15, Pugh discloses wherein the first tube (Annotated Pugh Fig 2 Above) and the second tube (Annotated Pugh Fig 2 Above) are fitted to the face plate.
Regarding claim 16, Pugh discloses wherein the first tube (Annotated Pugh Fig 2 Above) and the second tube (Annotated Pugh Fig 2 Above) are threadably fitted to the face plate (Annotated Pugh Fig 2 Above).
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.
Claim(s) 10 are rejected under 35 U.S.C. 103 as being unpatentable over US20080121161 A1 Pugh (Pugh) in view of US 8833285 B1 Czipri (Czipri).
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Regarding claim 10, Pugh fails to disclose further comprising at least a first lock washer and a second lock washer. However, Czipri teaches a first lock washer (Annotated Czipri Fig 4 Above).
Firstly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the cleat assembly of Pugh by incorporating a first lock washer as taught by Czipri, in order to prevent loosening of the first fastener under dynamic load conditions inherent in marine watercraft environments. Moreover, doing so would enhance the structural reliability and safety of the cleat assembly by ensuring the fastener remain securely locked to the first leg and the second leg when the cleat is in the extended position.
Secondly, neither Pugh nor Czipri discloses or teaches a second lock washer. The mere duplication of parts in regards to the second lock washer has no patentable significance unless a new and unexpected result is produced (See MPEP 2144.04(VI)(B)). As Pugh discloses a symmetrical cleat assembly requiring both a first fastener and a second fastener, a person of ordinary skill in the art would have recognized that duplicating the lock washer taught by Czipri to produce a second lock washer on the second fastener is a mere duplication of parts that produces no new or unexpected result, but rather achieves the same predictable benefit of preventing loosening on the both sides of the assembly. Thus, it would have been obvious to a person of ordinary skill in the art before the effective date of invention to duplicate the locking washer on the second fastener.
Claim(s) 12, 17, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over US20080121161 A1 Pugh (Pugh) in view of US 9919768 B1 Brookins (Brookins) and in further view of US 5070805 Plante (Plante).
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Regarding claim 12, Pugh discloses wherein the first friction bushing (Annotated Pugh Fig 5 Above) and the second friction bushing (Annotated Pugh Fig 5 Above) are made of a resilient material (See para. 0016, lines 2-3) and . . . the base plate (Annotated Pugh Fig 2 Above) and the cleat (Annotated Pugh Fig 2 Above) are metallic (See para. 0016, line 7).
Pugh fails to disclose the first and second bushings consist of plastic and . . . the base plate and the cleat consist of stainless steel.
Regarding the bushings: However, Plante teaches consist of plastic (col. 1 lines 35-45).
Courts have held that it is within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice (See MPEP 2144.07). It would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to modify the cleat assembly of Pugh by incorporating plastic material for the first friction busing and the second friction bushing as taught by Plante, in order to provide a lightweight, corrosion-resistant, and durable flexible material for the friction bushings that is suitable for marine environments. Such a modification would not produce any unexpected results. Moreover, doing so would reduce the overall weight of the cleat assembly while maintaining the necessary frictional resistance between the bushing and the cleat legs.
Regarding the base plate and cleat: However, Brookins teaches consist of stainless steel (col. 2 lines 40-45).
Courts have held that it is within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice (See MPEP 2144.07). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Pugh, as modified by Plante, by incorporating stainless steel for the base plate and the cleat as taught by Brookins, in order to provide superior corrosion resistance in marine watercraft environments. Such a modification would not produce any unexpected results. Moreover, doing so would prevent rusting and extend operational life of the cleat assembly.
Regarding claim 17, Pugh discloses wherein the first tube (Annotated Pugh Fig 2 Above), the second tube (Annotated Pugh Fig 2 Above) and the face plate (Annotated Pugh Fig 2 Above).
Pugh fails to disclose the cleat comprises of stainless steel.
However, Brookins teaches a marine cleat comprising of stainless steel (col. 2 lines 40-45).
Courts have held that it is within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice (See MPEP 2144.07). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Pugh, as modified by Brookins, by incorporating stainless steel for the first tube, the second tube, and the face plate as taught by Brookins, in order to provide superior corrosion resistance for all metallic components of the cleat assembly in marine watercraft environments. Such a modification would not produce any unexpected results. Moreover, doing so would ensure uniform material consistency throughout the cleat assembly, preventing rusting and extending the operational life of all structural components of the assembly.
Regarding claim 18, Pugh discloses where the fist tube (Annotated Pugh Fig 2 Above), the second tube (Annotated Pugh Fig 2 Above), the face plate (Annotated Pugh Fig 2 Above) and the cleat (Annotated Pugh Fig 2 Above).
Pugh fails to disclose where those features comprise of stainless steel.
However, Brookins teaches where those features comprise of stainless steel (col. 2 lines 40-45).
Courts have held that it is within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice (See MPEP 2144.07). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Pugh, as modified by Brookins, by incorporating stainless steel for the first tube, the second tube, the face plate and the cleat as taught by Brookins, in order to provide superior corrosion resistance for all metallic components of the cleat assembly in marine watercraft environments. Such a modification would not produce any unexpected results. Moreover, doing so would ensure uniform material consistency throughout the cleat assembly, preventing rusting and extending the operational life of all structural components of the assembly.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. In addition to the references used in this rejection and those cited in the PTO-892, the following references are very relevant to the claimed invention: US 6125779 A, US 6651576 B1, and US 5983820 A.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ASA F SOLOMON whose telephone number is +1 571-272-8379. The examiner can normally be reached Monday-Friday: 9am-5pm EST.
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/ASA FRANKLIN SOLOMON/Examiner, Art Unit 3632
/TERRELL L MCKINNON/Supervisory Patent Examiner, Art Unit 3632
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