DETAILED ACTION
Claim Rejections - 35 USC § 112
1. 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.
2. Claims 5-20 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 5, the phrase “one and only one” is indefinite because it is redundant. Applicant should amend the claim to simply say “only one”.
Regarding each of claims 5-17 and 20, the transitional phrase “in which” is not one of the recognized transitional phrases in the MPEP 2111.03, and is thus interpreted “in light of the specification to determine whether open or closed claim language is intended.” To the best degree the Examiner understands the claimed invention, the term “in which” should be open ended, and interpreted similar to “comprising”. Applicant is encouraged to amend the transitional phrase to that which provides the desired claim scope.
Regarding claim 17, from which claims 18-20 depend, the term “the actuator” lacks proper antecedent basis in the claims, and appears to refer back to “a single actuator”.
Further regarding claim 17, the phrase “a pair of shackles, each of the pair of shackles” is indefinite because it is not clear if there are multiple pairs being claimed. Examiner suggests amending the claim to say, “a pair of shackles, each of the shackles”.
Allowable Subject Matter
3. Claims 1-4 would be allowable if rewritten or amended 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.
4. Claims 5-16 are 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.
5. Claims 17-20 would be allowable if rewritten or amended 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.
6. The following is a statement of reasons for the indication of allowable subject matter:
The closest references the Examiner was able to locate were:
a) US 9,896,184 (Brown) which teaches a rotating shaft (8) and hooks (12) but fails to teach the hooks pivotally attached to tabs which are rotatably attached to the shaft.
b) US 9,821,953 (Sewell) which teaches a vacuum tank (1) with a hinged door (3) and a shaft (54) but fails to teach tabs rotatably attached to the shaft, and hooks pivotally attached to the tabs.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES N SMALLEY whose telephone number is (571)272-4547. The examiner can normally be reached M-F 9:00 am to 6:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathan Jenness can be reached at (571) 270-5055. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JAMES N SMALLEY/Examiner, Art Unit 3733
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