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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Applicant:
`
`Philip Bryan Howes, et al.
`
`Serial No.:
`
`12/056,594
`
`Filed:
`
`For:
`
`March 27, 2008
`
`VEHICLE AND CARGO TRANSPORT
`RATCHETING TIE DOWN
`APPARATUS AND SYSTEM
`
`)
`) Group Art Unit:
`)
`3611
`)
`) Examiner: Not Assigned
`)
`) Confirmation No: 9840
`)
`)
`)
`)
`
`Accelerated Examination Support Document
`
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22313-14 5 0
`
`Dear Sir:
`
`This accelerated examination support document is provided in support of the
`petition for accelerated examination filed herewith.
`
`There are eight claims currently pending in the application. The claims read as follows:
`
`A ratcheting tie down system for a vehicle transporter having one or more
`1.
`vehicle platforms, the system comprising:
`
`(a) a ratchet assembly affixed to an end of a tie down shaft having a longitudinal
`axis, the tie down shaft being affixed to one of the one or more vehicle platforms;
`
`(b) a pawl mechanism coupled to the ratchet assembly,
`
`( c) wherein the ratchet assembly comprises:
`
`( d) a ratchet gear;
`
`( e) a ratchet head coupled to the ratchet gear,
`
`(f) wherein an inner face of the ratchet gear is positioned in opposition to
`and in mechanical contact with an inner face of the ratchet head, and
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`(g) wherein the ratchet gear, the ratchet head and the shaft are configured
`to rotate as a single integral unit when rotated
`in a forward direction about the
`longitudinal axis, and the ratchet head is configured to rotate with respect to the ratchet
`gear and the shaft when the ratchet head is rotated in a reverse direction about the
`longitudinal axis, the ratchet gear and the ratchet head remaining in mechanical contact
`during both the forward direction and reverse direction.
`
`The system as claimed in Claim 1 further comprising (h) drive bodies disposed in
`2.
`depressions positioned on the inner face of the ratchet head.
`
`The system as claimed in Claim 2 further comprising (i) ramped pockets disposed
`3.
`on the inner face of the ratchet gear.
`
`The system as claimed in Claim 3 (j) wherein the drive bodies are configured to
`4.
`compress into and expand out of the depressions positioned on the inner face of the
`ratchet head.
`
`5.
`
`The system as claimed in Claim 3 wherein the ramped pockets each comprise:
`
`(k) a ramp surface positioned between an upper-most portion of each ramped
`pocket, which is adjacent and co-planar with the inner face of the ratchet gear; and
`
`(1) a lower-most portion positioned at a depth within the ratchet gear, thereby
`defining a wall within each of the ramped pockets.
`
`The system as claimed in Claim 5 (m) wherein the drive bodies are configured to
`6.
`ride along the ramp surface and into an adjacent ramped pocket in response to the reverse
`motion of the ratchet head.
`
`The system as claimed in Claim 5 (n) wherein the drive bodies are configured to
`7.
`position in the lower-most portion and be in mechanical contact with the wall in response
`to the forward motion of the ratchet head, the ratchet gear and the tie-down shaft.
`
`The system as claimed in Claim 1 ( o) wherein the shaft is configured to receive at
`8.
`least one of a chain and a strap.
`
`9(A) References Deemed Most Closely Related:
`
`An Information Disclosure Statement in compliance with 37 CFR 1.98 has been filed
`herewith citing each of the following references deemed most closely related to the
`subject matter of the claim.
`
`Ruan
`Cummings
`
`US 2006/0013667 Al
`us 5,101,537
`
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`9(B)
`
`Identification of Limitations Disclosed by References:
`
`Ruan (US 2006/0013667 Al):
`
`With regard to Claim 1, Ruan teaches "A ratcheting tie down system" (Abstract),
`however, Ruan does not specifically teach that the ratcheting tie down system is for a
`vehicle transporter having one or more platforms) for a vehicle transporter having one or
`more vehicle platforms, the system comprising:
`(b) "a pawl mechanism" ( claims 4 and 7-11 ),
`
`(d) a ratchet gear (Claims 7, 8 9 11 and 12 teach a "ratchet wheel that is engaged
`with a pawl");
`
`( e) a ratchet head (Ruan teaches "a rotating body 2" that is attached to a fixed
`base 1. in paragraphs [0010[-[0012] and [0020]-[0022], and claims 2 and 3, for example).
`However, Ruan does not teach that the ratchet head is coupled to the ratchet gear.
`
`With regard to Claim 2, Ruan further teaches (h) drive bodies disposed in
`depressions positioned on the inner face of the ratchet head. (Ruan teaches "pushing(cid:173)
`pins" 8 that are in holes 6 on the fixed base 1 within spring holes 6. See for example,
`paragraphs [0010], [0023] and [0024].)
`
`With regard to Claim 3, Ruan teaches (i) ramped pockets. (Ruan teaches a "slide
`groove 5" on the fixed body 1. See for example Claim 3 and paragraphs [0023] and
`[0024]). However, Ruan does not teach that the ramped pockets are disposed on the
`ratchet gear. Rather Ruan teaches that the slide groove is on the fixed base 1 (see Figure
`1 for example.) This distinguished feature is explained in the Detailed Explanation
`of Patentability.
`
`With regard to Claim 4, Ruan teaches (j) wherein the drive bodies are configured
`to compress into and expand out of the depressions positioned on the inner face of the
`ratchet head. (Ruan teaches that the pushing-pins 8 are engaged with springs 7. See for
`example paragraphs [0010], [0023] and [0024].)
`
`With regard to Claim 5, Ruan teaches (k) a ramp surface (Ruan teaches an
`inclined side of a groove 51 in paragraph [0022] and Figure 2. However, Ruan does not
`teach that a ramp surface is positioned between an upper-most portion of each ramped
`pocket, which is adjacent and co-planar with the inner face of the ratchet gear. This
`distinguished feature is explained in the Detailed Explanation of Patentability.
`Furthermore, Ruan teaches (1) ... a wall within each of the ramped pockets. (Ruan teaches
`a straight side 52 in paragraph [0022] and Figure 2.)
`
`With regard to Claim 6, Ruan teaches (m) wherein the drive bodies are configured
`to ride along the ramp surface (Ruan teaches that the pushing pin 8 will be pushed up
`along the inclined face 51 of the slide groove (Paragraph [0024]. However, Ruan does
`not teach that the drive bodies ride into an adjacent ramped pocket in response to the
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`reverse motion of the ratchet head. This distinguished feature is explained in the
`Detailed Explanation of Patentability.
`
`With regard to Claim 7, Ruan teaches (n) wherein the drive bodies are configured
`to position in the lower-most portion and be in mechanical contact with the wall. (Ruan
`teaches that if the rotating body is turned in the opposite direction, the pushing pin will be
`blocked by the straight face 52 of the slide groove 5 in paragraph [0024].) However,
`Ruan does teach that the drive bodies perform this movement in response to the forward
`motion of the ratchet head, the ratchet gear and the tie-down shaft. This distinguished
`feature is explained in the Detailed Explanation of Patentability.
`
`With regard to Claim 8, Ruan teaches ( o) wherein the shaft is configured to
`receive ... a strap. (See Abstract and paragraph [0004]. However, Ruan does not teach
`that the shaft is configured to receive a chain.
`
`Cummings (US 5,101,537):
`
`With regard to Claim 1, Cummings teaches A ratcheting tie down system for a
`vehicle transporter having one or more vehicle platforms, (See Abstract, for example). In
`addition, Cummings teaches (a) a ratchet assembly affixed to an end of a tie down shaft
`having a longitudinal axis, the tie down shaft being affixed to one of the one or more
`vehicle platforms,( c) wherein the ratchet assembly comprises: ( d) a ratchet gear; ( e) a
`ratchet head coupled to the ratchet gear, (f) wherein an inner face of the ratchet gear is
`positioned in opposition to and in mechanical contact with an inner face of the ratchet
`head, and (g) wherein the ratchet gear, the ratchet head and the shaft are configured to
`rotate as a single integral unit when rotated in a forward direction about the longitudinal
`axis, and the ratchet head is configured to rotate with respect to the ratchet gear and the
`shaft when the ratchet head is rotated in a reverse direction about the longitudinal axis
`(See Fig. 1 and Fig. 7, where Cummings shows an input and output element 11, 15
`affixed to a flatbed of a transport.)
`
`Cummings does not teach any of the recitations of Claims 2-7.
`
`With regard to Claim 8, Cummings teaches ( o) wherein the shaft is configured to
`receive at least one of a chain and a strap. (In Claim 1, Cummings recites "a flexible
`holdings means such as a chain or a strap.")
`
`9(C) Detailed Explanation of Patentability:
`
`It is respectfully noted that any inconsistencies have been resolved in this
`renewed Support Document. Furthermore, all Claims 1-8 have been explained.
`Claims 1-8 have been bolded to emphasize the explanation.
`
`As discussed above, with regard to Claim 1, Ruan teaches "A ratcheting tie down
`system" (Abstract), however, Ruan does not specifically teach that the ratcheting tie
`down system is for a vehicle transporter having one or more platforms) for a vehicle
`transporter having one or more vehicle platforms.
`
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`Ruan does not teach (a) a ratchet assembly affixed to an end of a tie down shaft
`having a longitudinal axis, the tie down shaft being affixed to one of the one or more
`vehicle platforms, does not teach (f) wherein an inner face of the ratchet gear is
`positioned in opposition to and in mechanical contact with an inner face of the ratchet
`head, and further does not teach (g) wherein the ratchet gear, the ratchet head and the
`shaft are configured to rotate as a single integral unit when rotated in a forward direction
`about the longitudinal axis, and the ratchet head is configured to rotate with respect to the
`ratchet gear and the shaft when the ratchet head is rotated in a reverse direction about the
`longitudinal axis, the ratchet gear and the ratchet head remaining in mechanical contact
`during both the forward direction and reverse direction. In applicants claimed invention,
`the ratchet gear and ratchet head are in mechanical contact through both the forward and
`reverse directions.
`In Ruan, reference is made to a first ratchet wheel and a second
`ratchet wheel as well as a rotating body, which appears to be one of the first and second
`ratchet wheels. However, the drawings, description and claims do not teach that any of
`the ratchet wheels and rotating body are in mechanical contact as an assembly as in
`Applicants' claimed invention. Ruan only shows the rotating body 2 in mechanical
`contact with the fixed base 1.
`
`In addition, while Ruan does teach (b) "a pawl mechanism" ( claims 4 and 7-11 ),
`Ruan does not teach that the pawl mechanism is coupled to a ratchet assembly. Instead,
`Ruan discloses that a first pawl is adapted to engage a first ratchet wheel and that a
`plurality of second pawls are adapted to engage a second ratchet wheel (See for example
`Ruan Claim 7). Furthermore, while Ruan does teach ratchet wheels, Ruan does not teach
`that the ratchet head is coupled to the ratchet gear.
`
`The features of Claim 2 are taught by Ruan.
`
`While Ruan teaches (i) ramped pockets, Ruan does not teach that the ramped
`pockets are disposed on the ratchet head. Rather Ruan teaches that the slide groove is on
`the fixed base 1. Applicant does not see this feature as an obvious variation and this
`deficiency is not cured by Cummings. As such, dependent Claim 3 is seen as patentably
`distinct over Ruan and has patentable features in addition to Claim 1.
`
`The features of Claim 4 are taught by Ruan.
`
`While Ruan teaches (k) a ramp surface, Ruan does not teach that a ramp surface is
`positioned between an upper-most portion of each ramped pocket, which is adjacent and
`co-planar with the inner face of the ratchet gear. Applicant does not see this feature as an
`obvious variation and this deficiency is not cured by Cummings. As such, dependent
`Claim 5 is seen as patentably distinct over Ruan and has patentable features in addition
`to Claim 1.
`
`While Ruan teaches (m) wherein the drive bodies are configured to ride along the
`ramp surface, Ruan does not teach that the drive bodies ride into an adjacent ramped
`pocket in response to the reverse motion of the ratchet head. Instead, Ruan specifically
`states that the pushing pin 8 will be pushed up along the inclined face 51 of the slide
`groove 5 until the pushing pin 8 is pressed against the side suiface of the fixed base 1. In
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`Applicant's claimed invention, as a preliminary matter, there is no fixed base for the
`drive bodies to move along. Instead, the drive bodies ride along an inner surface of the
`ratchet gear. In addition, the drive bodies do not press against any portion of the ratchet
`gear but instead ride into adjacent ramped pockets. Applicant does not see this feature as
`an obvious variation and this deficiency is not cured by Cummings. As such, dependent
`Claim 6 is seen as patentably distinct over Ruan and has patentable features in addition
`to Claim 1.
`
`While Ruan teaches (n) wherein the drive bodies are configured to position in the
`lower-most portion and be in mechanical contact with the wall, Ruan does teach that the
`drive bodies perform this movement in response to the forward motion of the ratchet
`head, the ratchet gear and the tie-down shaft. Applicant does not see this feature as an
`obvious variation and this deficiency is not cured by Cummings. As such, dependent
`Claim 7 is seen as patentably distinct over Ruan and has patentable features in addition
`to Claim 1.
`
`While Ruan teaches ( o) wherein the shaft is configured to receive ... a strap, Ruan
`does not teach that the shaft is configured to receive a chain. Applicants submit that it
`would have been obvious for the shaft to receive a chain. As such Claim 8 does not
`include any further patentable features.
`
`As further described above, Cummings teaches a ratcheting tie down system for a
`vehicle transporter having one or more vehicle platforms. Furthermore, Cummings
`teaches (a) a ratchet assembly affixed to an end of a tie down shaft having a longitudinal
`axis, the tie down shaft being affixed to one of the one or more vehicle platforms,( c)
`wherein the ratchet assembly comprises: ( d) a ratchet gear; ( e) a ratchet head coupled to
`the ratchet gear, (f) wherein an inner face of the ratchet gear is positioned in opposition to
`and in mechanical contact with an inner face of the ratchet head, and (g) wherein the
`ratchet gear, the ratchet head and the shaft are configured to rotate as a single integral
`unit when rotated in a forward direction about the longitudinal axis, and the ratchet head
`is configured to rotate with respect to the ratchet gear and the shaft when the ratchet head
`is rotated in a reverse direction about the longitudinal axis. However, Cummings does
`not teach (b) a pawl mechanism coupled to the ratchet assembly. While Cummings
`describes a pawl in the background section, the Cummings invention removes a pawl
`mechanism. In addition, while Cummings does teach (g) wherein the ratchet gear, the
`ratchet head and the shaft are configured to rotate as a single integral unit when rotated in
`a forward direction about the longitudinal axis, and the ratchet head is configured to
`rotate with respect to the ratchet gear and the shaft when the ratchet head is rotated in a
`reverse direction about the longitudinal axis, Cummings input and output elements 11, 15
`separate from one another during rotation. In contrast, the ratchet gear and the ratchet
`head remain in mechanical contact during both the forward direction and reverse
`direction in Applicants' claimed invention.
`
`Cummings further lacks any teaching or suggestion of (h) drive bodies disposed
`in depressions positioned on the inner face of the ratchet head, (i) ramped pockets
`disposed on the inner face of the ratchet gear, (j) wherein the drive bodies are configured
`to compress into and expand out of the depressions positioned on the inner face of the
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`ratchet head, wherein the ramped pockets each comprise: (k) a ramp surface positioned
`between an upper-most portion of each ramped pocket, which is adjacent and co-planar
`with the inner face of the ratchet gear; and (1) a lower-most portion positioned at a depth
`within the ratchet gear, thereby defining a wall within each of the ramped pockets, (m)
`wherein the drive bodies are configured to ride along the ramp surface and into an
`adjacent ramped pocket in response to the reverse motion of the ratchet head, and (n)
`wherein the drive bodies are configured to position in the lower-most portion and be in
`mechanical contact with the wall in response to the forward motion of the ratchet head,
`the ratchet gear and the tie-down shaft.
`
`The features of Claim 8 are taught by Cummings. Thus, dependent Claim 8 has
`no features that would define over the references deemed most closely related if Claims 1
`was found to be unpatentable.
`
`However, Claim 1 is seen to patentably distinguish over each of these references
`alone or in combination, because the references alone or in combination do not teach or
`suggest not teach "(a) a ratchet assembly affixed to an end of a tie down shaft having a
`longitudinal axis, the tie down shaft being affixed to one of the one or more vehicle
`platforms, (f) wherein an inner face of the ratchet gear is positioned in opposition to and
`in mechanical contact with an inner face of the ratchet head"
`
`As discussed above, Claims 2 and 4 are taught by Ruan.
`
`However, Claims 3 and 5-7 are seen to patentably distinguish over each of these
`references alone or in combination as discussed above.
`
`9(D) Concise Statement of Utility:
`
`The invention as claimed has utility in that it provides a ratcheting tie down
`apparatus and system for a vehicle or cargo transporter, which allows an operator to
`insert the tie down bar once and tighten to the desired tension without continually
`reinserting the tie down bar. A conventional ratchet is replaced by a dual component
`configuration including a ratchet gear and a ratchet head with the cross holes for inserting
`a tie down bar.
`
`9(E) Showing of Support under 35 USC 112, First Paragraph:
`
`Support in the disclosure under 35 USC 112, first paragraph, is found as follows:
`
`A ratcheting tie down system for a vehicle transporter having one or more vehicle
`1.
`platforms, the system comprising: (At least Paragraph [0006], lines 1-2)
`
`(a) a ratchet assembly affixed to an end of a tie down shaft having a longitudinal
`axis, the tie down shaft being affixed to one of the one or more vehicle platforms; (At
`least Paragraph [0006], lines 2-4)
`
`(b) a pawl mechanism coupled to the ratchet assembly, (At least Paragraph
`[0006], lines 4-5)
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`(c) wherein the ratchet assembly comprises: (At least Paragraph [0006], line 5)
`
`(d) a ratchet gear; (At least Paragraph [0006], lines 5)
`
`( e) a ratchet head coupled to the ratchet gear, (At least Paragraph [0006],
`
`lines 5-6)
`
`(f) wherein an inner face of the ratchet gear is positioned in opposition to
`and in mechanical contact with an inner face of the ratchet head, (At least Paragraph
`[0006], lines 6-8) and
`
`(g) wherein the ratchet gear, the ratchet head and the shaft are configured
`to rotate as a single integral unit when rotated
`in a forward direction about the
`longitudinal axis, and the ratchet head is configured to rotate with respect to the ratchet
`gear and the shaft when the ratchet head is rotated in a reverse direction about the
`longitudinal axis, the ratchet gear and the ratchet head remaining in mechanical contact
`during both the forward direction and reverse direction. (At least Paragraph [0006], lines
`8-13)
`
`The system as claimed in Claim 1 further comprising (h) drive bodies disposed in
`2.
`depressions positioned on the inner face of the ratchet head. (At least Paragraph [0020],
`lines 9-11)
`
`The system as claimed in Claim 2 further comprising (i) ramped pockets disposed
`3.
`on the inner face of the ratchet gear. (At least Paragraph [0019], lines 6-7)
`
`The system as claimed in Claim 3 (j) wherein the drive bodies are configured to
`4.
`compress into and expand out of the depressions positioned on the inner face of the
`ratchet head. (Full descriptions are found in Paragraphs [0020], [0021], [0022] and
`[0023])
`
`5.
`
`The system as claimed in Claim 3 wherein the ramped pockets each comprise:
`
`(k) a ramp surface positioned between an upper-most portion of each ramped
`pocket, which is adjacent and co-planar with the inner face of the ratchet gear; and
`
`(1) a lower-most portion positioned at a depth within the ratchet gear, thereby
`defining a wall within each of the ramped pockets (At least Paragraph [0019], lines 5-11).
`
`The system as claimed in Claim 5 wherein the drive bodies are configured to ride
`6.
`along the ramp surface and into an adjacent ramped pocket in response to the reverse
`motion of the ratchet head (Full description in Paragraph [0023]).
`
`The system as claimed in Claim 5 (n) wherein the drive bodies are configured to
`7.
`position in the lower-most portion and be in mechanical contact with the wall in response
`to the forward motion of the ratchet head, the ratchet gear and the tie-down shaft (Full
`description in Paragraph [0023]).
`
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`The system as claimed in Claim 1 ( o) wherein the shaft is configured to receive at
`8.
`least one of a chain and a strap (At least Paragraph 21, line 16).
`
`The claims not invoke 35 USC 112, sixth paragraph. There are no means- (or
`step-) plus-function claim elements. The application does not claim benefit of any
`application.
`
`9(F)
`
`Identification of References Disqualified as Prior Art under 35 USC I03(c):
`
`None of the cited references are disqualified as prior art under 35 USC I03(c).
`
`Respectfully submitted,
`
`CANTOR COLBURN LLP
`Applicants' Attorneys
`
`/Greg O'Bradovich/
`By
`Greg O 'Bradovich
`Registration No. 42,945
`
`Date:
`
`June 5, 2008
`
`Address:
`
`Telephone:
`Fax:
`
`20 Church Street
`22nd Floor
`Hartford, CT 06103
`(860) 286-2929
`(860) 286-0115
`
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