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 .
Claim Rejections - 35 USC § 102
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 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, 2 and 20 is/are rejected under 35 U.S.C. 102(a)(xx) as being anticipated by Jackson (U.S. Patent Application Publication no. US2021/0309498 A1).
With respect to Claim 1, Jackson discloses a portable winch device 24 that provides a user with a portable winch with its own power source, the portable winch device comprising:
a base component 28;
a winch component 46; and
a battery 76;
wherein the base component encloses the winch component and the battery (see Fig. 2, for example);
wherein the winch component is secured (via 52) to an object to be pulled;
wherein the battery provides power to the winch component; and
further wherein the portable winch device is easily transported and assists users in moving heavy objects (para. [0029]; “A pair of handles 58 is each coupled to a respective one of the first end 30 and the second end 32 wherein for gripping and carrying the housing 28”).
With respect to Claim 2, Jackson discloses the portable winch device of claim 1, wherein the base component is configured as a rectangular box comprising a bottom, opposing right and left sides, opposing front and back sides, and an open interior that houses the winch component (para. [0024]; “…a housing 28 that has a first end 30, a second end 32 and an outer wall 33 extending therebetween, and the housing 28 is elongated between the first end 30 and the second end 32. The outer wall 33 has a top side 34, a bottom side 36, a front side 38 and a back side 40. The bottom side 36 has a cable aperture 42 extending into an interior of the housing 28 and the cable aperture 42 is centrally positioned between the first end 30 and the second end 32.”).
With respect to Claim 20, Jackson discloses a method of pulling an object, the method comprising the following steps: providing a portable winch device comprising a base component 28 with a winch component 46 and removable battery 76 inside; securing the soft shackles 60 of the base component to an anchor; securing the winch hook 52 of the winch component to the object to be pulled; and pulling the object to a desired location, as needed.
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.
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) 3-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jackson in view of Gersemsky WO 00/26133.
With respect to Claim 3, Jackson does not teach the portable winch device of claim 2, wherein the open interior is secured by a hinged lid component.
Gersemsky teaches a portable winding mechanism comprising a housing 1. Fig. 5 shows a hinged lid component 1a that allows access to various parts of the winding mechanism.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide Jackson with a hinged lid component, as taught by Gersemsky, to provide easy access to various components of the inside of the housing for maintenance, repair or replacement.
With respect to Claim 4, Jackson does not teach the portable winch device of claim 3, wherein the winch component is a 12v electric winch, powered by the battery. However, 12v electric winches are common in the art and use of such involves no more than ordinary skill. Therefore, it would have been obvious to one or ordinary skill in the art to use a 12v electric winch since use of such involves no more than ordinary skill in the art.
With respect to Claim 5, Jackson discloses the portable winch device of claim 4, wherein the winch component includes a motor (not shown, however, an electric winch inherently has a motor), a drum/axle (in Fig. 5, an axle is shown in phantom concentrically located with winch 46) coupled to the motor, and a winch cable 26.
With respect to Claim 6, Jackson discloses the portable winch device of claim 5, wherein the motor is electrically coupled to the battery (76 is electrically coupled to the inherent motor) and is selectively operated by a winch control box 78 to draw power from the battery to provide power to the winch component.
With respect to Claim 7, Jackson discloses the portable winch device of claim 6, wherein a control toggle switch 80 acts to control the motor between on/off, forward motion and reverse motion.
With respect to Claim 8, Jackson discloses the portable winch device of claim 7, wherein the motor is mechanically coupled to the drum/axle (the inherent motor rotates the drum axle as shown in Fig. 5 to rotate winch drum and cause cable 26 to be extended or retracted), such that the drum/axle rotates at the direction of the motor, and the winch cable is coupled to the drum/axle, such that rotation of the drum/axle either retracts or extends the winch cable, depending on direction of rotation urged by the motor.
With respect to Claim 9, Jackson discloses the portable winch device of claim 8, wherein a free end of the winch cable includes a winch hook 52 thereon for attaching to an object to be pulled or for attaching to the winch cable after being wrapped around the object.
With respect to Claim 10, Jackson discloses the portable winch device of claim 9, wherein the battery 76 is positioned inside the base component and is removable (see Fig. 2, for example, wherein battery 76 is positioned inside of the housing 28).
Allowable Subject Matter
Claims 11-13 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.
Claim 11 is allowed 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 the battery comprises an adapter which is secured between the battery and the winch control box, to power the winch component.
Claims 12 and 13 are allowed by virtue of their dependence from claim 11.
Claim 14 is allowed 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 an adapter which is secured between the battery and the winch control box, to power the winch component.
Claims 15-19 are allowed by virtue of their dependence from claim 14.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The cited prior art shows various portable winches.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EMMANUEL M MARCELO whose telephone number is (571)272-6949. The examiner can normally be reached M-F 6:00 am-3:30pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Victoria P Augustine can be reached at (313) 446-4858. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/EMMANUEL M MARCELO/
Primary Examiner
Art Unit 3654
/emm/