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 .
DETAILED ACTION
Examiner’s Comments
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 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.
Column and line (or Paragraph Number) citations have been provided as a convenience for Applicants, but the entirety of each reference should be duly considered. Any recitation of a Figure element, e.g. “Figure 1, element T should be construed as inherently also reciting “and relevant disclosure thereto”.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the electric circuitry of claims 1, 14, and 15; the battery and the wireless data emitter or transceiver of claim 3, the motor of claim 4; the ratcheting mechanism of claim 11; and the interlocking system of claims 14 and 15 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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.
The drawings are objected to because there are two separate drawing figures both labeled “FIG.6”. The second of these (the last drawing figure) should be “FIG.7” for clarity, proper numbering, and to correspond with the specification.
In addition, the drawings are objected to because they are not shown with clean, crisp solid black lines and as such the several features of the invention are unclear. For example, in FIG. 2 the pulley (32) is entirely unclear. There is no apparent pulley shown in FIG.3 when the arm is repositioned and the distinction between the roller 30 and the pulley 32 is unknown.
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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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.
The drawings should be presented as clean, crisp, line drawings with black solid lines clearly depicting the features of the invention.
Color photographs and color drawings are not accepted in utility applications unless a petition filed under 37 CFR 1.84(a)(2) is granted. Any such petition must be accompanied by the appropriate fee set forth in 37 CFR 1.17(h), one set of color drawings or color photographs, as appropriate, if submitted via the USPTO patent electronic filing system or three sets of color drawings or color photographs, as appropriate, if not submitted via the via USPTO patent electronic filing system, and, unless already present, an amendment to include the following language as the first paragraph of the brief description of the drawings section of the specification:
The patent or application file contains at least one drawing executed in color. Copies of this patent or patent application publication with color drawing(s) will be provided by the Office upon request and payment of the necessary fee.
Color photographs will be accepted if the conditions for accepting color drawings and black and white photographs have been satisfied. See 37 CFR 1.84(b)(2).
Specification
The disclosure is objected to because of the following informalities:
The language of lines 2-3 of paragraph [0015] is unclear.
At [0034], “58 (in Figure 5)” should be “58 (in FIG.6)”.
Appropriate correction is required.
Claim Objections
Claims 14 and 15 are objected to because of the following informalities:
In claim 14, “cargo ships” in the preamble should be “a cargo ship”.
In claim 15, the period on line 20 should be a comma or semi-colon instead. In addition, the preamble should recite “a cargo ship”. 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 1-6, 11, and 14-15 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 pre-AIA the applicant regards as the invention.
Claim 1 recites on lines 3-5, “a support capable of interfacing with an interlocking system of one or more shipping containers” and then goes on to recite “interface with the support at a top level or a bottom level of the support, the top level and the bottom level being parallel” which is awkwardly phrased and unclear as to what applicant is attempting to recite. Perhaps the claim should recite “the support having a top level and a bottom level, the top level and the bottom level being parallel”.
Claim 1 lacks antecedent basis for the “one or more shipping containers” limitation as “shipping containers” is previously recited in the preamble of the claim.
Claim 6 recites both a roller and a pulley but the distinction between these two features is unclear.
Claim 14 recites “one or more shipping containers” (both instances) which lacks antecedent basis in the claim. Claim 14 further recites “a side stack of containers” which lacks antecedent basis in the claim.
Claim 11 recites the limitation “the tensioning line” which lacks antecedent basis in the claim and should apparently be “the connection line” instead.
Claim 15 recites “one or more shipping containers” (both instances) which lacks antecedent basis in the claim. Claim 15 further recites “a side stack of containers” and “another stack of containers” both of which lack antecedent basis in the claim.
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 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 1 and 4-6 are rejected under 35 U.S.C. 103 as being unpatentable over Maher et al. in view of the well known prior art.
For claim 1, Maher et al. (11312454) disclose a winding apparatus for deploying a lashing on cargo ships and securing shipping containers (flat rack 10 including winches 12; FIGS.1-4), comprising:
a support capable of interfacing with an interlocking system of one or more shipping containers (Flat rack 10 may be capable of interfacing with an interlocking system of one or more shipping containers. Col. 7, lines 2-6),
the support having a top level and a bottom level parallel therewith (support is placed on top of a stack of containers and additional shipping containers can be placed on top of the support),
wherein the support includes an overhang portion that is configured to hang over a longitudinal end of the one or more shipping containers when the interlocking system interfaces with the one or more shipping containers (bending shoes 28; FIG. 2);
the overhang portion located between the top and bottom levels;
a motorized winch attached to the support (winch 12; FIG. 2);
a fastening line attached to the motorized winch (lashings 24 and 26; see FIG. 2; col. 7, lines 39-42);
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electronic circuitry configured to drive the motorized winch for lifting or lowering the fastening line (computer described at col. 8, lines 63-66);
a first releasable connector attached to the fastening line (Each lashing 24 and 26 is secured to a structure of the cargo ship via a releasable connector included at the end of the lashing. Col. 7, lines 10-13); and
a tensioning apparatus (described in embodiment shown in FIGS. 10, 11, and 11A and col. 10, line 62-col. 11, line 29; col. 10, lines 62-64 explains that the winches 12 "may" be omitted
from the flat rack, which apparently allows them to still be present) including:
a foundation wherein the foundation is adapted to be coupled to at least one of a lashing bridge or a deck of the cargo ship (col. 11, lines 17-20; FIG. 11);
a tensioning winch attached to the foundation (portable winch 12A; see FIG. 11; col. 11, lines 17-20);
a connection line attached to the tensioning winch (cable shown in FIG. 11 attached to winch 12A);
a second releasable connector attached to the connection line (Load pin 38, FIG. 11, would form a releasable connector.);
wherein the first releasable connector is selectively couplable to the second releasable connector (While there is no direct connection, it is apparent that the lines are selectively couplable to each other through the releasable connectors in each line.).
For claims 14-15, Maher et al. inherently disclose a method of deploying a lashing on cargo ships and securing shipping containers (lashing system and method for use in cargo ships; title; winches 12; FIGS. 1-4), comprising:
providing a winding apparatus including a support (flat rack 10 including winches 12; FIGS. 1-4), a motorized winch attached to the support (winches 12; FIGS. 1-4), a fastening line attached to the motorized winch (lashings 24 and 26; FIG. 2; col. 7, lines 39-42), a first releasable connector attached to the fastening line (Each lashing 24 and 26 is secured to a structure of the cargo ship via a releasable connector included at the end of the lashing. Col. 7, lines 10-13), and electronic circuitry configured to drive the motorized winch (computer at col. 8, lines 63-66);
interfacing the support with an interlocking system of one or more shipping containers (Flat rack 10 may be capable of interfacing with an interlocking system of one or more shipping containers. Col. 7, lines 2-6),
wherein the support includes an overhang portion that is configured to hang over a longitudinal end of the one or more shipping containers when the interlocking system interfaces with the one or more shipping containers (bending shoes 28; FIG. 2);
providing a tensioning apparatus including a foundation, a tensioning winch (portable winch 12A described in embodiment shown in FIGS. 10-11 and 11A and col. 10, line 62-col. 11, line 29; col. 10, lines 62-64 explains that the winches 12 may be omitted from the flat rack, which apparently allows them to still be present) attached to the foundation (col. 11, lns 17-20; FIG. 11), a connection line attached to the tensioning winch (cable in FIG. 11 attached to winch 12A), and a second releasable connector attached to the connection line (Load pin 38 shown in FIG. 11 would form a releasable connector.);
coupling the foundation to at least one of a lashing bridge or a deck of the cargo ship (see col. 11, lines 17-20; FIG. 11);
paying out the fastening line fully (Col. 11, lines 3-9 describes sliding claim 74 along ratcheting track 70 such that the line shown attached to winch 12A would be such as to pay out the line. FIG. 11);
coupling the connection line to the fastening line using the first and second releasable connectors (described at col. 11, lines 24-29); and
applying tension to the fastening line by paying in the connection line with the tensioning winch (col. 11, lines 20-23).
Maher et al. further provides that the tensioning winch comprises a ratcheting mechanism (Ratcheting track 70 considered a part of the system including portable winch 12A. see FIG. 11; col. 11, lines 3-23);
the method further inherently comprising holding the tension applied to the fastening line via the tensioning line using the ratcheting mechanism (described at col. 11, lines 17-23).
For claim 1, Maher et al. lack the recited arm.
Specifically, Maher et al. lack an arm rotatively coupled to the overhang portion, the fastening line resting on a movable end of the arm,
the arm having a storage orientation wherein the arm is tilted upward such that the releasable connector is located between the bottom level and the top level when the releasable connector is proximal to the movable end of the arm,
the arm having a usage orientation wherein the arm is tilted downward.
For claim 4, the motorized winch (12) includes an electric motor (Col 5, lines 27-28) coupled to a battery, wherein the battery is located in the overhang portion and between the top level and the bottom level (Col 5, lines 40-41).
For claims 5 and 6, Maher et al. lack the movable end of the arm is provided with a roller and a pulley, the fastening line passing between the roller and pulley provided at the movable end of the arm.
The examiner takes official notice that pivotable tensioning arms (sometimes referred to as idler pulleys) of the type recited are well known in the prior art for supporting a cable or strap during winding or unwinding to prevent the same from getting tangled or twisted.
One such example for instant and unquestionable evidence is that of the invention of Xydias (2013/0187105) which shows an arm (16) rotatively coupled adjacent a winch (14), a fastening line (18) resting on a movable end of the arm, the arm being biased either upward or downward ([0067]) between storage and use orientations between a top level and bottom level of the winch, including a roller (42) or a pulley (40). The fastening line (18) passes therebetween.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention and with a reasonable expectation of success to have provided for Maher et al. a pivoting (rotatable) tensioning arm of the well known prior art such as Xydias for use on the overhang portion adjacent the winch in order to prevent tangling of the fastening line.
Applicant may seasonally challenge, for the official record in this application, this and any other statement of judicial notice in a timely manner in response to this office action. Please specify the exact statement to be challenged. Applicant is reminded, with respect to the specific challenge put forth, of the duty of disclosure under Rule 56 to disclose material which is pertinent to patentability including claim rejections challenged by applicant.
Maher et al., as modified, then therefore provides an arm having a usage orientation tilted downward and a storage orientation wherein the arm is tilted upward such that the releasable connector is located between the bottom level and the top level when the releasable connector is proximal to the movable end of the arm.
Claims 2-3, 11, and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Maher et al. as set forth above, in view of Bika et al. (10328841).
For claim 14, Maher et al. further disclose wherein, when the support interfaces with a top container of a side stack of containers (FIGS. 1-4), the foundation is coupled to the at least one of the lashing bridge or the deck of the cargo (col. 11, lines 17-20; FIG. 11), and the fastening line is fully paid out (Col. 11, lines 3-9 describes sliding claim 74 along ratcheting track 70 such that the line shown attached to winch 12A would be such as to pay out the line. FIG. 11).
For claim 14, Maher et al. lack only the fastening line is sufficiently long to be reachable by an operator standing on the one of the lashing bridge or the deck of the cargo ship, but too short for directly reaching the tensioning winch.
For claims 2-3, Maher et al. lack a tension monitor,
the tension monitor including a first releasable connector coupled to the releasable connector attached to the fastening line,
the tension monitor further including a second releasable connector, a battery and a wireless data emitter or transceiver.
Bika et al. (10328841) teach segmenting fastening lines and further teach an automated wireless securement monitoring and feedback system (tension monitor). Specifically, as seen in FIG. 1, Bika et al. provide a fastening line (12) composed to two segmented parts (12,12) with a tension monitor (100) therebetween. The tension monitor of Bika et al. includes a first releasable connector (502) and a second releasable connector (504) (Col 8, lines 59-65).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention and with a reasonable expectation of success to have provided Mahet et al. with a tension monitor, first and second releasable connectors, and a segmented fastening line as taught by Bika et al. in order to easily releasably connect the tension monitor to determine the tension being applied to the line for safety (Bika, Col 1, lines 35-36).
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Maher et al. as set forth above, in view of Wilkinson (9915290).
For claim 15, Maher et al. lack providing a portable power tool that includes a socket configured to connect to the tensioning winch, drive the tensioning winch, and disconnect from the tensioning winch;
applying the tension to the fastening line is performed using the portable power tool; and
controllably releasing the tension in the fastening line using the portable power tool.
Wilkinson is directed to a tool attachment for power-driven winding of winch straps (title) and teaches a portable power tool that includes a socket (Col. 2, lines 44-54 explains that an impact wrench or power drill may be used including a socket speed handle.) configured to connect to the tensioning winch, drive the tensioning winch, and disconnect from the tensioning winch (described at col. 4, lines 22-48);
wherein applying the tension to the fastening line is performed using the portable power tool (col. 2, lines 44-54).
Wilkinson further is directed to a tool attachment for power-driven winding of winch straps (title) and teaches controllably releasing the tension in the fastening line using the portable power tool (The Abstract explains that the apparatus can be used for unwinding the winch.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention and with a reasonable expectation of success to modify Maher et al. with the teaching of Wilkinson for the purpose of avoiding injuries and increasing productivity (Wilkinson at col. 1, lines 17-42).
Maher et al., as modified, further disclose different configurations (see for example FIG.14) where the side stack of containers is located at a starboard side of the cargo ship, wherein the foundation is coupled substantially in a middle of the at least one of the lashing bridge or the deck of the cargo ship (FIGS.10 and 14);
wherein the tensioning apparatus includes a plurality of flat racks 10,10,10 each including winches 12; FIGS. 5, 5A, 7, and 14);
wherein the tensioning apparatus includes another tensioning winch (70; FIG.10, 14) attached to the foundation, another connection line (FIGS. 10, 14) attached to the other tensioning winch, and another second releasable connector;
the method further comprising:
deploying another fastening line (FIGS. 10,11,11A, and 14) and securing another stack of containers located at a port side of the cargo ship;
coupling the other connection line to the other fastening line; and
applying tension to the other fastening line by reeling in the other connection line with the other tensioning winch.
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Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Additional examples of tensioning arms include at least that of Alcock et al. (4827752) which teaches a similar spring biased arm (FIG.2) provided adjacent the winch to move between stored and use positions to tension wire (11a); or that of Inhofer, deceased et al. (5002238) providing arm (FIG.6); or that of GB 1379386 (as seen in the figure).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HILARY L GUTMAN whose telephone number is 571.272.6662. 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, VIVEK KOPPIKAR can be reached on 571.272.5109. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the 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. Should you have questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/HILARY L GUTMAN/Primary Examiner, Art Unit 3612B
