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
Claim 1 is objected to because of the following informalities:
In claim 1, lines 3 and 5-6, “helical spherical gears” should read ---spherical helical gears---.
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) 1-3 and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bethell (GB426464A) in view of Baumeister (EP2166252A1).
Regarding claim 1, Bethell discloses a manual chain hoist, comprising: a load chain sprocket (16; Figures 1-2); two convex tooth shaped gears (11) inside a cylindrical ring (8, 10) with internal helical threads (10); wherein said load chain sprocket (16) is driven by said gears (11) which are driven by said ring (8, 10) with internal threads (10), but fails to teach convex tooth shaped helical spherical gears and a ring with internal helical threads.
Baumeister teaches a similar gear drive system and further teaches convex tooth shaped helical spherical gears (3; Figures 1-2 and 15) and a ring (5) with internal helical threads (4). It would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to modify the hoist of Bethell to include the gears as taught by Baumeister in order provide a quieter and smoother engagement while improving loading and speed capability of the gear system.
Regarding claim 2, modified Bethell discloses a rotational drive gear (outer profile of wheel 8), said ring (8, 10) with internal helical threads (4 of Baumeister) rotating together with said rotational drive gear (wheel 8).
Regarding claim 3, modified Bethell discloses an engagement pin (3, 17) for driving engagement between said rotational drive gear (wheel 8) and said ring (8, 10) with internal helical threads (4 of Baumeister).
Regarding claim 6, Bethell discloses a drive chain engaging said rotational drive gear (wheel 8) for allowing operator rotation of the rotational drive gear (wheel 8; page 2, lines 20-31).
Allowable Subject Matter
Claims 7-8 are 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 4 is 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 said pin is adapted to disengage from driving engagement between said rotational drive gear and said ring with internal spiral threads in the event of an overload condition.
Weingartner (WO2022003078A2) teaches a manual chain hoist, comprising: a sprocket (18; Figures 1-4), and a ring with internal threads (63); wherein said sprocket (18) is driven by said ring (60, 62) with internal threads, and further comprising: a rotational drive gear (18), said ring (60, 62) with internal threads (63) rotating together with said rotational drive gear (18); and an engagement pin (19) for driving engagement between said rotational drive gear (18) and said ring (60, 62) with internal threads (63), but fails to teach the sprocket in a spherical helical gear, the ring with internal spiral threads, and wherein said pin is adapted to disengage from driving engagement between said rotational drive gear and said ring with internal spiral threads in the event of an overload condition. Adams (US1594987A) teaches a similar hoist and further teaches the sprocket (56; Figure 5) in a spherical helical gear (55). Carroll (US3092369A) teaches a similar hoist and further teaches the ring (21; Figure 3) with internal spiral threads. Swinson (GB471856A) teaches a similar hoist and further teaches a pin adapted to disengage from driving engagement between said rotational drive gear and said ring with internal threads in the event of an overload condition. However, disengagement or shearing of the pin of Swinson would cause the rotational drive gear to rotate freely and would risk unsafe dropping of a load at a height, therefore, it would not be obvious to modify the hoist of Weingartner with the pin of Swinson.
Claim 5 is allowable because it a dependent of claim 4.
Claim 7 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 a load chain engaged with said load chain sprocket in said spherical helical gear.
Bethell is the closest prior art and teaches a load chain engaged with said load chain sprocket, said load chain for holding a load which said manual chain hoist is supporting, but fails to teach wherein a load chain engaged with said load chain sprocket in said spherical helical gear. Adams teaches a similar hoist and further teaches a load chain engaged with said load chain sprocket in said spherical helical gear, however, since the gear system of Adams differs in design in that of Bethell, therefore, it would not be obvious to combine the load chain sprocket with spherical helical gear of Adams with the hoist of Bethell.
Claim 8 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 said load chain sprocket is built in the spherical helical gear and runs inside of said ring with internal helical thread.
Bethell teaches the above hoist, but fails to teach wherein said load chain sprocket is built in the spherical helical gear and runs inside of said ring with internal helical thread. Adams teaches a similar hoist and further teaches wherein said load chain sprocket is built in the spherical helical gear and runs inside of said ring with internal helical thread, however, since the gear system of Adams differs in design in that of Bethell, therefore, it would not be obvious to combine the load chain sprocket with spherical helical gear of Adams with the hoist of Bethell.
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.
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/H.S./Examiner, Art Unit 3654
/Victoria P Augustine/ Supervisory Patent Examiner, Art Unit 3654
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