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 Objections
The numbering of claims is not in accordance with 37 CFR 1.126. The claims must be numbered consecutively.
Misnumbered claims 6, 5, 6, and 7-20 have been renumbered 5-21.
Claim 9 is objected to because of the following informalities: claim 9 recites “locking interlocking,” which appears to contain a typographical error (i.e. a redundant word). Appropriate correction is required.
Election/Restrictions
Claims 18-21 have been withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 02/02/26.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-17 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 line 8 recites “said sprocket first recesses” (emphasis added), which lacks antecedent basis. It is not clear how many first sprocket recesses are required by claim 1. It is suggested to change line 7 to require “a plurality of sprocket first recesses,” or something similar.
Claim 12 line 5 recites “said gear box,” which lacks antecedent basis.
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.
Claims 1, 9-10, 12-13 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over US 9,315,365 B2 (hereinafter “Sargent”) in view of US 8,096,528 B2 (hereinafter “Weingartner”).
Regarding claim 1 Sargent teaches a powered handheld chain driver (10) for driving (capable of driving; i.e. this is an intended use recitation) a chain from a chain fall in an operable mode comprising:
a core plate (22, see fig. 2) centered in said chain driver (10) operable to provide chain driver (10) structural support;
a chain sprocket (30);
said chain sprocket (30) comprising a plurality of sprocket windows (100) inset on the radial perimeter (98) of said chain sprocket (30) for driving links of a chain;
a drive motor (50);
a drive shaft (34);
said drive shaft (34) coupled to said drive motor (50) and operable to impart torsion on said chain sprocket (30);
a first chute (C1, see annotate fig. below) for directing chain against said chain sprocket (30);
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a second chute (C2) for directing chain against said chain sprocket (30) on an opposing side of said chain sprocket (30);
said first chute (C1) spaced parallel to said second chute (C2) with said chain sprocket (30) positioned therebetween;
said drive motor (50) and said drive shaft (34) and said chain sprocket (30) coupled to said core plate (22);
a first handle (14);
a second handle (16);
said first handle (14) positioned lateral to said first chute (C1);
said second handle (16) positioned lateral to said second chute (C2); and,
wherein activation of said drive motor (50) induces consequent rotation of said chain sprocket (30). Sargent fails to teach sprocket first recesses linking the windows as set forth in claim 1.
Weingartner teaches a chain hoist with a sprocket comprising sprocket windows (28) similar to Sargent. Weingartner further teaches [sprocket first recesses] (35); said plurality of sprocket windows (28) linked by said sprocket first recesses (35).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add the chain engaging portion of Weingartner to the sprocket of Sargent with a reasonable expectation of success. One having ordinary skill in the art would have been motivated to make this combination in order to better engage a chain being pulled by the sprocket.
Regarding claim 9 modified Sargent teaches the above driver. Sargent further teaches a sprocket drive aperture (32); said sprocket drive aperture (32) extending through said chain sprocket (30) for receiving said drive shaft (34); a key recess in said drive shaft (34; i.e. between teeth 38) and in said sprocket drive aperture (32; i.e. at 42); a shaft key (teeth at 38); said shaft key (38) locking interlocking said chain sprocket (30) with said drive shaft (34).
Regarding claim 10 modified Sargent teaches the above driver. Sargent further teaches a drive coupler (seam between 38 and 40); said drive coupler joining two portions (38 and 40) of said drive shaft (34).
Regarding claim 12 modified Sargent teaches the above driver. Sargent further teaches a foot base (bottom portion of 24); said foot base (bottom portion of 24) secured perpendicular to said core plate (22) at an inferior (lower) end; a motor brace (54); said motor brace (54) extending superiorly from (higher than) said foot base (bottom portion of 24) to support said gear box (i.e. 54 supports gear 60).
Regarding claim 13 modified Sargent teaches the above driver. Sargent further teaches a drive motor shaft (Sargent fig 1); said drive motor shaft (Sargent fig 1) generally vertical (at least a transverse axis is vertical); and, wherein said drive shaft (Sargent 34) is generally horizontal (i.e. at least the longitudinal axis is horizontal).
Regarding claim 16 modified Sargent teaches the above driver, and further teaches wherein said chain sprocket (Sargent 30) comprises a sprocket tooth (Weingartner 36) extending radially from said sprocket window (Sargent 100 as modified per Weingartner) for engaging the inside of a chain link.
Claims 2, 7, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Sargent in view of Weingartner, and in further view of US 8,256,745 (hereinafter “Latoria”).
Regarding claim 2 modified Sargent teaches the above driver, but fails to teach the battery as set forth in claim 2. Latoria teaches a similar portable hoist powered by an drive motor (see 90). Latoria further teaches a battery (98); said battery (98) coupled (at least indirectly) to one side of a core plate (12); and, wherein said drive motor (90) is coupled (at least indirectly) to the other side of said core plate (12). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the driver of Sargent battery powered, as taught by Latoria, with a reasonable expectation of success. One having ordinary skill in the art would have been motivated to make this combination in order to provide power to Sargent when remote from a power source.
Regarding claim 7 modified Sargent teaches the above driver, and further teaches a battery bracket (at Latoria 98; see figures); wherein said battery bracket is fixed (at least indirectly per Latoria) to said core plate (Sargent 22).
Regarding claim 15 modified Sargent teaches the above driver, and further teaches wherein said drive shaft (Sargent 34) is driven by an electric drill motor (per Latoria 90).
Claims 5 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Sargent in view of Weingartner, and in further view of US 6,820,863 (hereinafter “Rosati”).
Regarding claim 5 modified Sargent teaches the above driver, but fails to teach the pivot latch as set forth in claim 5. Rosati teaches a chain drive with a chain sprocket (33), and comprising a first and second chutes (70/72) for guiding a chain. Rosati further teaches a pivot latch (42/43); wherein said pivot latch (42/43) secures [the left and right portions of the assembly] adjacent said core plate (22) such that a first chute (70) remains closed (i.e. fig. 2 verses fig. 5). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add the pivoting latches of Rosati to the sides of the Sargent assembly with a reasonable expectation of success. One having ordinary skill in the art would have been motivated to make this combination in order to allow better opening and closing of the front cover (28) of Sargent.
Regarding claim 14 modified Sargent teaches the above driver, and further teaches a hinge (Rosati 43); said hinge (Rosati 43) articulating between two portions of at least one of said chutes (Sargent C2); and, wherein said hinge (Rosati 43) is operable to open and close said at least one of said chutes (Sargent C2) to provide loading and unloading of chain therein (per Rosati).
Claims 8 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Sargent in view of Weingartner, and in further view of KR 102325195 B1 (hereinafter “ ‘5195 ”).
Regarding claims 8 and 11 modified Sargent teaches the above driver, and further teaches wherein a gear set (60/62) transfers torque from said drive motor (50) to said drive shaft (34); and a gearbox (Sargent 12 could be considered a gearbox) with gears therein. Sargent fails to teach a bevel gear set. This is considered well-known in view of ‘5195. ‘5195 teaches a chain driver with a sprocket (810), the driver comprising a motor (431) driving gears (see fig. 3). ‘5195 further teaches wherein the gears are bevel gears.
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the gears of Sargent bevel gears, as taught by ‘5195, with a reasonable expectation of success. One having ordinary skill in the art would have been motivated to make this combination in order to provide input at a 90 degree angle to the drive shaft, and thus save room in the assembly.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Sargent in view of Weingartner, and in further view of US 6,098,962 A (hereinafter “Henly;” see embodiment of figure 8).
Regarding claim 17 modified Sargent teaches the above driver, but fails to teach the chain plates as set forth in claim 17. Henly teaches a chain driver comprising a sprocket with pockets. Henly further teaches a vertical chain plate (14’’) biased medially into one or more of chutes (see fig. 8) operable to press a chain toward said chain sprocket (6/9). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add the biased chain plate of Henly to the driver of Sargent in order to make better contact between the sprocket and chain of Sargent.
Allowable Subject Matter
Claims 3-4 and 6 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include 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: The prior art of record fails to anticipate or make obvious the entire combination of claim recitations set forth in either of claims 3 or 6. Specifically, these claims require:
[Claim 3] said plurality of sprocket windows linked by said sprocket first recesses; said first handle positioned lateral to said first chute; said second handle positioned lateral to said second chute; wherein activation of said drive motor induces consequent rotation of said chain sprocket; a first hand assembly; a second hand assembly; wherein said first hand assembly and said second hand assembly are biased medially toward said core plate.
[Claim 6] said plurality of sprocket windows linked by said sprocket first recesses; said first handle positioned lateral to said first chute; said second handle positioned lateral to said second chute; wherein activation of said drive motor induces consequent rotation of said chain sprocket; one or more springs; wherein said one or more springs bias said first handle and said second handle medially thereby closing said first chute and said second chute.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Such references show various forms of apparatus which comprise at least one similar feature to the present application.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Nathaniel L Adams whose telephone number is (571)272-4830. The examiner can normally be reached M-F 8-4 Pacific Time.
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/NATHANIEL L ADAMS/Examiner, Art Unit 3654