DETAILED ACTION
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 .
This is a final Office action responsive to the reply filed on 06/22/2026.
Claims 1-8 have been canceled.
Claim 29 added.
Claims 9-29 are pending.
Claim Objections
Claim 29 is objected to because of the following informalities:
Claim 29, line 2 “an end” should be - - the end - -.
Claim 29, line 3 “an opposite end” should be - - the opposite end - -.
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.
Claims 9-28 are rejected under 35 U.S.C. 103 as being unpatentable over Brodziak (US Patent No. 10,344,824), in view of Benecke (US Patent No. 7,231,759).
Regarding claim 9, Brodziak discloses a chain block lock configured to connect two chain ends, comprising:
two elongated block lock halves configured to be connected to each other, and extending in a longitudinal direction along a chain length direction, wherein the two elongated block lock halves, in a connected configuration, comprise a receptacle space to receive the two chain ends (see annotated Fig. 4);
a bolt (12) inserted on one end of the chain block lock in the longitudinal direction, the bolt configuring a pivot axis between the two elongated block lock halves (see annotated Fig. 4, and Fig. 7); and
a locking element (18) inserted on an opposite end of the chain block lock in the longitudinal direction, the locking element coupling together the two elongated block lock halves (see annotated Fig. 4, and Fig. 7),
Brodziak does not disclose wherein only one block lock half of the two elongated block lock halves comprises a widening at an upper edge on both of the end and the opposite end, the widening extending over at least 80% of a length of the one block lock half in the longitudinal direction, and the widening protruding laterally beyond a side of the one block lock half, and the widening extends in the longitudinal direction of the chain block lock above the receptacle space.
However, Benecke teaches wherein only one block lock half of the two elongated block lock halves comprises a widening at an upper edge on both of the end and the opposite end, and the widening protruding laterally beyond a side of the one block lock half, and the widening extends in the longitudinal direction of the chain block lock above the receptacle space (see annotated Figs. 3-5a).
Therefore, 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 the one block lock half from Brodziak with widening at an upper edge on both of the end and the opposite end of the widening as taught by Benecke, in order to prevent jamming of the chain and to increase movability.
Also, Brodziak discloses the claimed invention except for the widening extending over at least 80% of a length of the one block lock half in the longitudinal direction. It would have been an obvious matter of design choice to have the widening extending over at least 80% of a length of the one block lock half in the longitudinal direction, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955), and Gardner v. TEC 220 USPQ 777 (Fed. Cir. 1984). It will be obvious to modify the one block lock half from Brodziak with widening at an upper edge on both ends as taught by Benecke, and the widening extending over at least 80% of a length of the one block lock half in the longitudinal direction in order to prevent jamming of the chain and to increase movability.
Regarding claim 10, the combination of Brodziak in view of Benecke discloses, wherein the chain block lock comprises a constant width, except for where the widening is present (see Figs. 4a and 4b from Benecke).
Regarding claim 11, the combination of Brodziak in view of Benecke discloses, wherein a wall of the chain block lock merges in cross section with an inner radius into the widening (see Figs. 4a and 4b from Benecke).
Regarding claim 12, the combination of Brodziak in view of Benecke discloses the claimed invention except for the widening extends over an entire length of the chain block lock. It would have been an obvious matter of design choice to have the widening extends over an entire length of the chain block lock, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955), and Gardner v. TEC 220 USPQ 777 (Fed. Cir. 1984). It will be obvious to extend the widening at an entire length along the longitudinal direction, in order to prevent jamming.
Regarding claim 13, the combination of Brodziak in view of Benecke discloses the claimed invention except for a width of the widening is 10% to 30% greater in relation to a width of the chain block lock. It would have been an obvious matter of design choice to have a width of the widening is 10% to 30% greater in relation to a width of the chain block lock, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955), and Gardner v. TEC 220 USPQ 777 (Fed. Cir. 1984). It will be obvious to extend the widening width at an optimal width, in order to prevent jamming.
Regarding claim 14, the combination of Brodziak in view of Benecke discloses, wherein the widening comprises a wavy course in the longitudinal direction (see Figs. 4a and 4b from Benecke).
Regarding claim 15, Brodziak further discloses, comprising a middle web separating the receptacle space into two receptacle spaces (see annotated Fig. 4).
Regarding claim 16, Brodziak discloses, wherein the two elongated block lock halves are configured to lock with one another at respective end faces (see annotated Fig. 4).
Regarding claim 17, the combination of Brodziak in view of Benecke discloses the claimed invention except for the widening extends over 90% of the length of the one block lock half. It would have been an obvious matter of design choice to have the widening extends over 90% of the length of the one block lock half, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955), and Gardner v. TEC 220 USPQ 777 (Fed. Cir. 1984). It will be obvious to extend the widening at an optimal length along the longitudinal direction, in order to prevent jamming.
Regarding claim 18, the combination of Brodziak in view of Benecke discloses the claimed invention except for a width of the widening is 15% to 25% greater in relation to a width of the chain block lock. It would have been an obvious matter of design choice to have a width of the widening is 15% to 25% greater in relation to a width of the chain block lock, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955), and Gardner v. TEC 220 USPQ 777 (Fed. Cir. 1984). It will be obvious to extend the widening width at a requird width, in order to prevent jamming.
Regarding claim 19, Brodziak discloses a chain block lock configured to connect two chain ends, comprising:
two elongated block lock halves configured to be connected to each other, and extending in a longitudinal direction along a chain length direction, wherein the two elongated block lock halves, in a connected configuration, comprise a receptacle space to receive the two chain ends (see annotated Fig. 4);
a bolt (12) inserted on one end of the chain block lock in the longitudinal direction, the bolt configuring a pivot axis between the two elongated block lock halves (see annotated Fig. 4, and Fig. 7); and
a locking element (18) inserted on an opposite end of the chain block lock in the longitudinal direction, the locking element coupling together the two elongated block lock halves (see annotated Fig. 4, and Fig. 7),
Brodziak does not disclose wherein only one block lock half of the two elongated block lock halves comprises a widening at an upper edge on both of the end and the opposite end, the widening extending over at least 80% of a length of the one block lock half in the longitudinal direction, and the widening protruding laterally, in a direction along the pivot axis, beyond opposite sides of the one block lock half, and the widening extends in the longitudinal direction of the chain block lock above the receptacle space.
However, Benecke teaches wherein only one block lock half of the two elongated block lock halves comprises a widening at an upper edge on both of the end and the opposite end, and the widening protruding laterally, in a direction along the pivot axis, beyond opposite sides of the one block lock half, and the widening extends in the longitudinal direction of the chain block lock above the receptacle space (see annotated Figs. 3-5a).
Therefore, 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 the one block lock half from Brodziak with widening at an upper edge on both of the end and the opposite end of the widening as taught by Benecke, in order to prevent jamming of the chain and to increase movability.
Also, Brodziak discloses the claimed invention except for the widening extending over at least 80% of a length of the one block lock half in the longitudinal direction. It would have been an obvious matter of design choice to have the widening extending over at least 80% of a length of the one block lock half in the longitudinal direction, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955), and Gardner v. TEC 220 USPQ 777 (Fed. Cir. 1984). It will be obvious to modify the one block lock half from Brodziak with widening at an upper edge on both ends as taught by Benecke, and the widening extending over at least 80% of a length of the one block lock half in the longitudinal direction in order to prevent jamming of the chain and to increase movability.
Regarding claim 20, the combination of Brodziak in view of Benecke discloses, wherein the chain block lock comprises a constant width, except for where the widening is present (see Figs. 4a and 4b from Benecke).
Regarding claim 21, the combination of Brodziak in view of Benecke discloses, wherein a wall of the chain block lock merges in cross section with an inner radius into the widening (see Figs. 4a and 4b from Benecke).
Regarding claim 22, the combination of Brodziak in view of Benecke discloses the claimed invention except for the widening extends over an entire length of the chain block lock. It would have been an obvious matter of design choice to have the widening extends over an entire length of the chain block lock, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955), and Gardner v. TEC 220 USPQ 777 (Fed. Cir. 1984). It will be obvious to extend the widening at an entire length along the longitudinal direction, in order to prevent jamming.
Regarding claim 23, the combination of Brodziak in view of Benecke discloses the claimed invention except for a width of the widening is 10% to 30% greater in relation to a width of the chain block lock. It would have been an obvious matter of design choice to have a width of the widening is 10% to 30% greater in relation to a width of the chain block lock, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955), and Gardner v. TEC 220 USPQ 777 (Fed. Cir. 1984). It will be obvious to extend the widening width at an optimal width, in order to prevent jamming.
Regarding claim 24, the combination of Brodziak in view of Benecke discloses, wherein the widening comprises a wavy course in the longitudinal direction (see Figs. 4a and 4b from Benecke).
Regarding claim 25, Brodziak further discloses, comprising a middle web separating the receptacle space into two receptacle spaces (see annotated Fig. 4).
Regarding claim 26, Brodziak discloses, wherein the two elongated block lock halves are configured to lock with one another at respective end faces (see annotated Fig. 4).
Regarding claim 27, the combination of Brodziak in view of Benecke discloses the claimed invention except for the widening extends over 90% of the length of the one block lock half. It would have been an obvious matter of design choice to have the widening extends over 90% of the length of the one block lock half, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955), and Gardner v. TEC 220 USPQ 777 (Fed. Cir. 1984). It will be obvious to extend the widening at an optimal length along the longitudinal direction, in order to prevent jamming.
Regarding claim 28, the combination of Brodziak in view of Benecke discloses the claimed invention except for a width of the widening is 15% to 25% greater in relation to a width of the chain block lock. It would have been an obvious matter of design choice to have a width of the widening is 15% to 25% greater in relation to a width of the chain block lock, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955), and Gardner v. TEC 220 USPQ 777 (Fed. Cir. 1984). It will be obvious to extend the widening width at an optimal width, in order to prevent jamming.
Claim 29 is rejected under 35 U.S.C. 103 as being unpatentable over Brodziak (US Patent No. 10,344,824), in view of Benecke (US Patent No. 7,231,759) as applied to claim 9 above, and further in view of Gewerkschaft Eisenhütte Westfalia (DE7310945U, cited by applicant).
Regarding claim 29, Brodziak as modified by Benecke does not disclose the widening extends gradually from an end of the one block lock half, over an entirety of the length of the one block lock half, to an opposite end of the one block lock half.
However, ‘945 teaches the widening extends gradually from an end of the one block lock half (5), over an entirety of the length of the one block lock half (5), to an opposite end of the one block lock half (see Fig. 1-3).
Therefore, 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 the one block lock half from Brodziak by widening the one block lock half from end to end as taught by ‘945 is order to prevent jamming of the chain on the one block lock half, and to increase movability.
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Response to Arguments
Applicant's arguments filed 06/22/2026 have been fully considered but they are not persuasive.
In response to applicant’s argument (A) that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, Benecke teaches wherein only one block lock half of the two elongated block lock halves comprises a widening at an upper edge on both of the end and the opposite end, and the widening protruding laterally beyond a side of the one block lock half, and the widening extends in the longitudinal direction of the chain block lock above the receptacle space (see annotated Figs. 3-5a). Therefore, 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 the one block lock half from Brodziak with widening at an upper edge on both of the end and the opposite end of the widening as taught by Benecke, in order to prevent jamming of the chain and to increase movability.
In response to applicant’s argument (B) that Benecke's widening is limited to its longitudinal extent and does not extend beyond the length of the inner receiving opening. The examiner disagrees because it will be obvious to modify the one block lock half from Brodziak with widening at an upper edge on both ends as taught by Benecke, and the widening extending over at least 80% of a length of the one block lock half in the longitudinal direction to prevent jamming of the chain and to increase movability. The claim does not recite that the widening extends beyond the length of the inner receiving opening.
Conclusion
THIS ACTION IS MADE FINAL. 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 LOUIS A MERCADO whose telephone number is (571)270-5388. The examiner can normally be reached Monday - Friday 8:00 am - 5:00 pm.
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/LOUIS A. MERCADO/
Examiner
Art Unit 3677
/JACK W LAVINDER/Primary Examiner, Art Unit 3677
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