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 .
Specification
The disclosure is objected to because of the following informalities: numeral reference 756 is used to designate both the second set of ratchet teeth (of sidewall 734) and the disc-like body of dial 704; numeral references 854 and 856 are used to designate both the central aperture and the pair of fastening apertures of cover 726 and the o-rings interposed between the drums and reels; numeral reference 1056 is used to designate both the second set of ratchet teeth and the disc-like body; and numeral references 1300, 1302, and 1304 are used to designate both the head of upper shaft 1022, the central bore of shaft 1022, and the flange of lower shaft 1020 and the apparatus, strap/webbing, and resilient sleeve. In paragraph [0277], the recitation “the body 1408” should be replaced with -- the body 1508 --. In paragraph [0238], the recitation “Actuation Sub-Assembly 718” should be replaced with -- Actuation Sub-Assembly 1018 --.
Appropriate correction is required.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “756” has been used to designate both “second set of ratchet teeth” (paragraph [0185]; and figure 15) and “disk-like body” (paragraph [0186]; figure 16a); and reference character “854” has been designated both “a central aperture” and “o-ring” in the figures; and reference character “856” has been designated both “two fastening apertures” and “o-ring” in the figures. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 61 is objected to because of the following informalities: the recitation “by winding the dial” (line 7) is suggested to be replaced with -- by rotation of the dial --. Appropriate correction is required.
Claim 79 objected to because of the following informalities: the recitation “a casing” (line 5) should be replaced with -- a casing; --; and the recitation “by winding the dial” (line 9) is suggested to be replaced with -- by rotation of the dial --. Appropriate correction is required.
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 79-80 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.
Regarding claim 79, the recitation “configured to wind a first tension member” (line 6) has rendered the claim indefinite because it is unclear whether a first tension member refers back to the claimed “strap” in line 1 of the claim. Additionally, there is no structural relationship between the strap and the first tension member such that the tensioning assembly would be carried by the assembly without acting upon the strap. For purpose of examination, the strap is interpreted as being the first tension member. Clarification and appropriate correction are required.
Claim 80 depends from claim 79 and therefore is also rejected under this section.
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.
Claim(s) 61-64, 67-75, and 78 is/are rejected under 35 U.S.C. 103 as being unpatentable over Burns et al., US 2012/0045500 in view of Chetlapalli, WO 2014/205103.
Regarding claim 61, Burns discloses a strap tensioning assembly [for use with a first tension member], the strap tensioning assembly comprising: a casing (1206); a reel (1208) [configured to wind the first tension member into the casing upon rotation thereof]; a dial (1202) connected to the reel (1208) such that rotation of the dial (1206) rotates the reel (rotation of the cover is transmitted to the spool); and, a one-way clutch (pawl 1235 engaging teeth of the casing 1206) between the reel (1208) and the casing (1206), such that relative rotation of the reel (1208) and the casing (1206) is enabled in a first direction but prohibited in a second, opposite, direction (the pawl teeth are biased radially outward into engagement with the ratchet teeth to provide one-way ratchet motion); wherein the dial (1202) is moveable along its axis of rotation such that movement of the dial (1202) away from the casing (1206) causes the one-way clutch (1235) to disengage to allow rotation of the reel (1208) in the second direction (the cover is pulled axially upward to draw the spool upwardly to a raised position in figure 12L to retract the pawl teeth from the ratchet teeth).
Burns does not explicitly disclose a first torque limiting clutch between the reel and the dial, such that a tension in the first tension member caused by winding the dial is limited.
Chetlapalli teaches a tensioning assembly comprising a casing (22), a reel (40) configured to wind a tension member (18), a dial (30) connected to the reel such that rotation of the dial rotates the reel, a one-way clutch (60) between the reel and the casing, and a first torque limiting clutch (70) between the reel and the dial, such that a tension in the tension member (18) caused by rotation of the dial (30) is limited (once the cable 18 is tightened to a desired tension, sustained turning of the knob 30 causes it to slip on the spool 40 preventing further winding of the cable).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the coupling between the dial (1202) and the reel (1208) of Burns to include a torque limiting clutch as taught by Chetlapalli in order to limit the tension imparted on the tension member, prevent the user from overtightening, and provide a tactile and audible indication that the intended tension has been reached.
Claim language set in brackets [] set forth above and below in this office action are considered by the examiner to be intended use that fails to further limit the structure of the claimed invention. Since the claimed invention is directed solely to that of the strap tensioning assembly, the prior art must only be capable of performing the functional recitations in order to be applicable, and in the instant case, the examiner maintains that the closure device taught by the combination of Burns and Chetlapalli, is indeed capable of the intended use statements. Note that it has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations.
Regarding claim 62, the combination of Burns and Chetlapalli teaches the strap tensioning assembly according to claim 61, Burns further discloses a dial locking mechanism (1210) configured to inhibit movement of the dial (1202) away from the casing.
Regarding claim 63, the combination of Burns and Chetlapalli teaches the strap tensioning assembly according to claim 62, Burns further discloses that axial movement of the drive component into the disengaged state may be achieved “by a user pulling axially upward on the knob, by a user operating the tightening component, by a user pressing or selecting a button, and the like”. The combination of Burns and Chetlapalli does not expressly teach wherein the dial locking mechanism comprises a button that requires depression to unlock the dial. The examiner takes Official Notice that push-button locks which must be depressed prior to a dial can be axially displaced are old and well known in the art of adjustable tensioning devices and are employed to prevent inadvertent release of a tensioned member. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to provide the dial locking mechanism of the combination with a button requiring depression before the dial can be lifted, in order to further reduce the chance of unintentional opening.
Regarding claim 64, the combination of Burns and Chetlapalli teaches the strap tensioning assembly according to claim 61, Burns further discloses wherein the dial (1202) is biased towards the casing (1206).
Regarding claim 67, the combination of Burns and Chetlapalli teaches the strap tensioning assembly according to claim 61, Burns further discloses wherein the one-way clutch (1235) comprises a ratchet (see the pawl teeth of 1235 in figure 12M).
Regarding claim 68, the combination of Burns and Chetlapalli teaches the strap tensioning assembly according to claim 61, Burns further discloses a positive clutch (the spool teeth of disc 1204 engaging the corresponding teeth on the reel 1208, the disc 1204 being locked to the dial 1202) between the dial (1202) and the reel (1208), such that movement of the dial (1202) away from the casing (1206) disengages the positive clutch to decouple the dial (1202) from the reel (1208). It is noted that (in another embodiment) disengagement of the pawl teeth 642 from the ratchet teeth 604 of spool housing 602 also disengages the teeth 626, 646 of the spool 620 and pawl disc 640, allowing the spool 620 to rotate relative to the knob 660 without causing rotation of the cap.
Regarding claim 69, the combination of Burns and Chetlapalli teaches the strap tensioning assembly according to claim 68, Burns further discloses wherein the positive clutch (spool teeth of 1204 and corresponding teeth of 1208) comprises two interlocking sets of teeth on the dial (teeth of 1204 with the disc 1204 integrated with the dial 1202) and the reel (corresponding teeth of 1208) respectively.
Regarding claim 70, the combination of Burns and Chetlapalli teaches the strap tensioning assembly according to claim 69. As modified, Burns further discloses wherein movement of the dial (1202) away from the casing (1206) causes the positive clutch (teeth of 1204) to disengage before the one-way clutch (70 of Chetlapalli).
Regarding claim 71, the combination of Burns and Chetlapalli teaches the strap tensioning assembly according to claim 61, Burns further discloses wherein the reel (1208) is a first reel. It is noted that Burns has disclosed winding more than one tension member by means of a single dial (spool 1310 defining first and second channels 1316, 1314 on one side and corresponding channels on the opposite sides, the arrangement enables multiple laces to be quickly and conveniently attached to the spool 1310) and Chetlapalli has taught that an article may be provided with multiple cables and dial tensioners to tension corresponding portions thereof.
The combination of Burns and Chetlapalli does not expressly teach a second reel configured to wind a second tension member into the casing upon rotation thereof; the dial connected to the first and second reels such that rotation of the dial rotates the first and second reels. However, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to position a second reel, identical in construction to the first reel (1208 of Burns), coaxially within the lower portion of the interior region of the casing (1206) together with the first reel (1208) and to drive both reels from the dial (1202) through the pawl disc (1204), in order to tension a second tension member by the same single rotation of the dial, since both Burns and Chetlapalli considered tensioning more than one tension member, and since it has been held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced (In re Harza, 247 F.2d 669, 124 USPQ 378).
Regarding claim 72, the combination of Burns and Chetlapalli teaches the strap tensioning assembly according to claim 71, Chetlapalli further teaches a second torque limiting clutch (70) between a dial-driven member and each reel it drives, such that the tension in the tension member wound thereby is limited. As modified, the duplicated second reel with a limiting clutch between that reel and the dial, such that a tension in the second tension member is limited.
Regarding claim 73, the combination of Burns and Chetlapalli teaches the strap tensioning assembly according to claim 72, Chetlapalli further teaches that the torque at which each clutch (70) slips is individually set and adjusted, the placement of each clutch within its corresponding hole being adjustable so that “the desired maximum load can be set by retracting or extending each rod 70 either away from or closer to the spool 40”. Configuring the first and second torque limiting clutches (70, 70) to slip at different tensions in the first and second tension members respectively would therefore have been an obvious selection of two different settings of the adjustable ‘clutches’ taught by Chetlapalli.
Regarding claim 74, the combination of Burns and Chetlapalli teaches the strap tensioning assembly according to claim 71, as modified, the combination further teaches wherein the second reel (duplicated 1208) has a direct drive from the dial (1202) with no torque limitation (the teeth of pawl disc 1204 engaging the corresponding teeth of the first reel 1208 equate to the direct drive). It is noted that providing the second reel with a direct drive from the dial with no torque limitation, while the first reel is driven through the torque limiting clutch (70) of Chetlapalli, would have been obvious.
Regarding claim 75, the combination of Burns and Chetlapalli teaches the strap tensioning assembly according to claim 72. As modified, Chetlapalli further teaches wherein the first torque limiting clutch (70) and the second torque limiting clutch (70) are defined between a hub member (38) and each reel (40), the hub member (38) being driven by the dial (30).
Regarding claim 78, the combination of Burns and Chetlapalli teaches the strap tensioning assembly according to claim 71, Burns further discloses a further one-way clutch (pawl teeth carried on pawl arms 1235 engaging the corresponding ratchet teeth of the casing 1206) between the second reel (1208) and the casing (1206), such that relative rotation of the second reel (1208) and the casing (1206) is enabled in the first direction but prohibited in the second, opposite, direction.
Claim(s) 65-66 and 76-77 is/are rejected under 35 U.S.C. 103 as being unpatentable over Burns et al., US 2012/0045500 in view of Chetlapalli, WO 2014/205103 as applied to claim 61 above, and further in view of Koyoma, US 6,062,286.
Regarding claim 65, the combination of Burns and Chetlapalli teaches the strap tensioning assembly according to claim 61, including a first torque limiting clutch between the reel and the dial. The combination does not expressly teach wherein the first torque limiting clutch comprises a deformable friction member between the reel and the dial.
Koyoma teaches a torque limiting clutch mechanism (r) comprising a deformable friction member (s) that is a deformable friction member (o-ring) and is disposed between the reel (tape payout core o) and the dial (the boss m of the drive gear, rotatably supported on the shaft n and drive the payout core through the clutch). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the torque limiting clutch of the combination of Burns and Chetlapalli to comprise a deformable friction member as taught by Koyoma in order to provide a clutch with relatively smooth operation so that discomfort and uneven running due to elastic and intermittent repeating actions can be eliminated. It is noted that the spring-loaded ball detent (clutch) of Chetlapalli has been identified as producing a repeated elastic clicking sound that may be uncomfortable for the user by Koyama.
Regarding claim 66, the combination of Burns, Chetlapalli, and Koyama teaches the strap tensioning assembly according to claim 65. Koyama further teaches wherein the deformable friction member (s) is an elastomeric ring (o-ring) in contact with both the reel (o) and the dial (m).
Regarding claim 76, the combination of Burns and Chetlapalli teaches the strap tensioning assembly according to claim 75. The combination does not expressly teach wherein the first torque limiting clutch and the second torque limiting clutch each comprises a deformable friction member between each hub and each respective reel.
Koyama teaches a torque limiting clutch comprising a deformable friction member (s) between a hub (m) and a respective reel (payout core o) as set forth in claim 65. Providing each of the first and second torque limiting clutches with such a member between each hub and each respective feel would have been obvious for the reasons given for claim 65 wherein it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the torque limiting clutch of the combination of Burns and Chetlapalli to comprise a deformable friction member as taught by Koyoma in order to provide a clutch with relatively smooth operation so that discomfort and uneven running due to elastic and intermittent repeating actions can be eliminated. It is noted that the spring-loaded ball detent (clutch) of Chetlapalli has been identified as producing a repeated elastic clicking sound that may be uncomfortable for the user by Koyama.
Regarding claim 77, the combination of Burns, Chetlapalli, and Koyama teaches the strap tensioning assembly according to claim 76. Koyama further teaches wherein the deformable friction member (s) is an elastomeric ring (o-ring) in contact with both the hub (o) and each respective reel (m).
Claim(s) 79-80, as best understood, is/are rejected under 35 U.S.C. 103 as being unpatentable over Wrigley et al., US 8,517,636 in view of Burns et al., US 2012/0045500 and further in view of Chetlapalli, WO 2014/205103.
Regarding claim 79, Wrigley discloses an assembly of a mounting plate (102) and an item (1) to be mounted, the assembly comprising a strap (20) holding the item (1) to be mounted against the mounting plate (102), wherein tension in the strap (20) causes a bending moment to be applied to the mounting plate (102), and wherein the assembly comprises a strap tensioning assembly (30).
Wrigley does not explicitly disclose the strap tensioning assembly (30) comprising: a casing; a reel configured to wind a first tension member into the casing upon rotation thereof; a dial connected to the reel such that rotation of the dial rotates the reel; a torque limiting clutch between the reel and the dial, such that a tension in the first tension member caused by winding the dial is limited; and, a one-way clutch between the reel and the casing, such that relative rotation of the reel and the casing is enabled in a first direction but prohibited in a second, opposite, direction; wherein the dial is moveable along its axis of rotation such that movement of the dial away from the casing causes the one-way clutch to disengage to allow rotation of the reel in the second direction.
Burns discloses a strap tensioning assembly [for use with a first tension member], the strap tensioning assembly comprising: a casing (1206); a reel (1208) [configured to wind the first tension member into the casing upon rotation thereof]; a dial (1202) connected to the reel (1208) such that rotation of the dial (1206) rotates the reel (rotation of the cover is transmitted to the spool); and, a one-way clutch (pawl 1235 engaging teeth of the casing 1206) between the reel (1208) and the casing (1206), such that relative rotation of the reel (1208) and the casing (1206) is enabled in a first direction but prohibited in a second, opposite, direction (the pawl teeth are biased radially outward into engagement with the ratchet teeth to provide one-way ratchet motion); wherein the dial (1202) is moveable along its axis of rotation such that movement of the dial (1202) away from the casing (1206) causes the one-way clutch (1235) to disengage to allow rotation of the reel (1208) in the second direction (the cover is pulled axially upward to draw the spool upwardly to a raised position in figure 12L to retract the pawl teeth from the ratchet teeth). Burns further discloses that such a reel assembly is used for tightening tension members on bags, backpacks and like articles.
Burns does not explicitly disclose a first torque limiting clutch between the reel and the dial, such that a tension in the first tension member caused by winding the dial is limited. Chetlapalli teaches a tensioning assembly comprising a casing (22), a reel (40) configured to wind a tension member (18), a dial (30) connected to the reel such that rotation of the dial rotates the reel, a one-way clutch (60) between the reel and the casing, and a first torque limiting clutch (70) between the reel and the dial, such that a tension in the tension member (18) caused by rotation of the dial (30) is limited (once the cable 18 is tightened to a desired tension, sustained turning of the knob 30 causes it to slip on the spool 40 preventing further winding of the cable). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the coupling between the dial (1202) and the reel (1208) of Burns to include a torque limiting clutch as taught by Chetlapalli in order to limit the tension imparted on the tension member, prevent the user from overtightening, and provide a tactile and audible indication that the intended tension has been reached.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to substitute the strap tensioning assembly of the combination of Burns and Chetlapalli for the tensioning device (30) of Wrigley in order to permit the cylinder retaining strap to be tightened by single-handed rotation of a dial, released rapidly by lifting the dial and prevented from being tensioned beyond a preset limit.
Regarding claim 80, the combination of Wrigley, Burns, and Chetlapalli teaches the assembly according to claim 79, and Wrigley further discloses wherein the item (1) to be mounted is a tank of a breathing apparatus (gas cylinder of breathable gas) to be secured to a user's back (the back frame 102 of harness 100 carries two shoulder straps 104, 106 and a waist strap 108 for wearing on a user’s back).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Taylor et al., US 2019/0380450 discloses a tie down with release switches (580, 780, 880) for unintentional over-tightening of the strap so that the tension in the strap can be adjusted to proper level.
Trudel et al., US 2015/0076272 discloses reel assemblies with a friction hub and spring-loaded holding mechanism and safeguards against accidental opening.
Soderberg et al., US 8,516,662 discloses a reel based lacing system with a knob axially moveable between engaged and disengaged positions.
Hammerslag, US 6,289,558 discloses a footwear lacing spool uncoupled from the knob by pulling the knob.
Tuttlebee, US 6,280,331 discloses a torque limiting slip clutch for a cable reel drive assembly.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROWLAND DO whose telephone number is (571)270-5737. The examiner can normally be reached Monday-Thursday 8:30 - 7:00 PT.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jason San can be reached at (571) 272-6531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/R.D./ Examiner, Art Unit 3677
/JASON W SAN/ SPE, Art Unit 3677
Prosecution Insights