UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria. Virginia 22313-1450
`www .uspto.gov
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`12/056,594
`
`03/27/2008
`
`Philip Bryan Howes
`
`CTI -0009
`
`9840
`
`11/20/2008
`
`7590
`23413
`CANTOR COLBURN, LLP
`20 Church Street
`22nd Floor
`Hartford, CT 06103
`
`EXAMINER
`
`GORDON, STEPHEN T
`
`ART UNIT
`
`PAPER NUMBER
`
`3612
`
`NOTIFICATION DA TE
`
`DELIVERY MODE
`
`11/20/2008
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`usptopatentmail@cantorcolbum.com
`
`PTOL-90A (Rev. 04/07)
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`Page 1 of 9
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`BOYDSTUN EXHIBIT 1007
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`

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`Application No.
`
`Applicant(s)
`
`HOWES ET AL.
`
`Art Unit
`
`i6 n
`0 m5
`1 a
`x2
`E1
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`5
`,e
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`r9
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`4
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`l{
`0 ~
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`Office Action Summary
`
`_,__ _____
`,__36_1_2 ____
`
`______
`h~~-------------------_._s_t_ep_h_e_n_G_o_ro_o_n
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`;/
`Period for Reply
`·
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE 1 MONTH(S) QR THIRTY (30) DAYS,
`WHICHEVER IS LONGER, FROM THE MAILING DATE OF THIS COMMUNICATION.
`• Extensions of time may be available under the provisions of 37 CFR 1.136(a). In no event, however. may a reply be timely filed
`after SIX (6) MONTHS from the mailing date of this communication.
`If NO period for reply is specified above. the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`Failure to reply within the set or extended period for reply will, by statute. cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
`
`--1
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`Status
`
`1 )1:81 Responsive to communication(s) filed on 18 September 2008.
`2a)!:81 This action ,is FINAL.
`2b)O This action is non-final.
`3)0 Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Ex parte Quayle, 1935 C.D,. 11,453 O.G. 213.
`
`Disposition of Claims
`
`4)1:81 Claim(s) 1-8 is/are pending in the application.
`4a) Of the above claim(s) __
`is/are withdrawn from consideration.
`5)0 Claim(s) __
`is/are allowed.
`6)1:81 Claim(s) 1-8 is/are rejected.
`7)0 Claim(s) __
`is/are objected to.
`8)0 Claim(s) __
`are subject to restriction and/or election requirement.
`
`Application Papers
`
`9)0 The specification is objected to by the Examiner.
`10)1:81 The drawing(s) filed on 27 March 2008 is/are: a)O accepted or b)!:81 objected to by the Examiner .
`. Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) ls objected to. See 37 CFR 1.121 (d).
`11 )0 The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PT0-152.
`
`Priority under 35 U.S.C. § 119
`
`12)0 Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`a)O All b)O Some* c)O None of:
`1.0 Certified copies of the priority documents have been received.
`.
`2.0 Certified copies of the priority documents have been received in Application No. __
`3.0 Copies of the certified copies of the priority documents have been received in this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`* See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`1 ) 0 Notice of References Cited (PT0-892)
`2) 0 Notice of Draftsperson's Patent Drawing Review (PT0-948)
`3) 0 lnfonnation Disclosure Statement(s) (PTO/SB/08)
`Paper No(s)/Mail Date __
`.
`
`4) 0 Interview Summary (PT0-413)
`Paper No(s)/Mai~ Date. __
`.
`5) 0 Notice of lnfonnal Patent Application
`6) 0 Other: __
`.
`
`U.S. Patent and Trademark Qff,ce
`PTOL-326 (Rev. 08-06)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20081026
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`Page 2 of 9
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`BOYDSTUN EXHIBIT 1007
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`

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`Application/Control Number: 12/056,594
`Art Unit: 3612
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`Page 2
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`DETAILED ACTION
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`1.
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`The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5)
`
`because they do not include the following reference sign(s) mentioned in the
`
`description: 146, 147, 148, and 149 (used throughout paragraphs 0004.and 0005).
`
`Applicant's proposed drawing correction to figure 3 filed 9-18-08 is noted. While the
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`proposed changes if submitted in clean/formal drawing format would overcome the
`
`drawing objections, they are not deemed to define a proper response. A new
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`clean/formal drawing copy of figure 3 is required that "formalizes" the informal
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`rough/light added references numbers 146-149 on the proposed figure. Additionally,
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`such new formal drawing figure should be labeled as a "Replacement Sheet" as
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`~iscussed below. Corrected drawing sheets in compliance with 37 CFR 1.121(d)
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`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
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`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 ~ot accepted by the examiner, the applicant will be notified and
`
`informed of any required corrective action in the next Office action. The obje.ction to the
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`drawings will not be held in abeyance.
`
`2.
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`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that
`
`form the basis for the rejections under this section made in this Office action:
`
`A person shall be entitled to a patent unless -
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`Application/Control Number: 12/056,594
`Art Unit: 3612
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`Page 3
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`(b) the invention was patented or described in a printed publication in this or a foreign country or in public
`use or on sale in this country, more than one year prior to the date of application for patent in the United
`States.
`
`3.
`
`Claims 1-8 are rejected under 35 U.S.C. 102(b) as being anticipated by Ruan.
`
`Ruan teaches a ratcheting tie down mechanism for a transporter including a tie
`
`shaft 3, a pawl mechanism (e.g. at the leftmost side of figure 1 ), a ratchet gear 1, and a
`
`ratchet head 2. The device could be used to transport vehicles.
`
`Claim 1, to the extent that the ratchet/shaft is attached to a cargo truck including
`
`a cargo bed platform, the device is deemed to be "affixed to one of the one or more
`
`vehicle platforms" as broadly claimed. Additionally, the device defines contacting inner
`
`faces - see figure 1. Finally, the device is configured to rotate in a forward direction and
`
`remain as a single unit as broadly claimed. The device is configured to rotate in the
`
`reverse direction with the head rotating with respect to the gear and shaft as broadly
`
`claimed. The gear and head remain in mechanical contact as claimed.
`
`Claim 2, note drive bodies 8 and depressions/holes 6.
`
`Claim 3, note figures 2 and 3.
`
`Claim 4, note springs 7 providing for compression and expansion as claimed.
`
`Claim 5, see figure 3.
`
`Claims 6 and 7, the device is configured as broadly claimed and as best
`
`understood .
`
`. Claim 8, the device is configured as broadly claimed.
`
`4.
`
`The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all
`
`obviousness rejections set forth in this Office action:
`
`(a) A patent may not be obtained though the invention is not identically disclosed or described as set
`forth in section 102 of this title, if the differences between the subject matter sought to be patented and
`
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`Application/Control Number: 12/056,594
`Art.Unit: 3612
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`Page4
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`the prior art are such that the subject matter as a whole would have been obvious at the time the
`invention was made to a person having ordinary skill in the art to which said subject matter pertains.
`Patentability shall not be negatived. by the manner in which the invention was made.
`
`5.
`
`This application currently names joint inventor~. In considering patentability of
`
`the claims under 35 U.S.C. 103(a), the examiner presumes that the subject matter of
`
`the various claims was commonly owned at the time any inventions covered therein
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`were made absent any evidence to the contrary. Applicant is advised of the obligation
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`under 37 .CFR 1.56 to point out the inventor and invention dates of each claim that was
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`not commonly owned at the time a later invention was ·made in order for the examiner to
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`consider the applicability of 35 U.S.C. 103(c) and potential 35 U.S.C. 102(e), (f) or (g)
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`prior art under 35 U.S.C. 103(a).
`
`6.
`
`Claims 1-8 are alternatively rejected under 35 U.S.C. 103(a) as being
`
`unpatentable over Thomas in view of Ruan.
`
`If one were to assume Ruan does not clearly teach affixing of the ratchet
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`assembly structure to a vehicle platform, then the following applies:
`
`Thomas teaches a ratcheting tie down system for a transport which could be
`
`used to transport vehicles. The device defines a tie shaft 28 and the ratchet
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`assembly/tie shaft are affixed to the side of a vehicle platform (e.g. the cargo bed of
`
`vehicle 15+). Note also pawl mechanism (figure 4) and turning mechanism 32 for
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`engagement of a torque bar in holes 33. The device could be used to transport
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`vehicles.
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`Thomas fails to teach that the turning mechanism defines a ratchet gear and
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`head configured as defined.
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`Application/Control Number: 12/056,594
`Art Unit: 3612
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`Page 5
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`Ruan teaches a ratcheting tie down mechanism for use with a transporter and
`
`including a tie shaft 3 and a pawl mechanism (e.g. at the leftmost side of figure 1 ). The
`
`device further teaches a turning mechanism 1, 2+ for engagement of a torque bar in
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`holes 9. The turning mechanism includes a ratchet gear 1 and a ratchet head 2 to
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`provide for ratcheting action to facilitate quicker tightening.
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`In or~er to provide for quicker tightening, it would have been obvious to one of
`
`ordinary skill in the art to replace the one piece turning mechanism 32 of Thomas with a
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`multi-piece ratcheting turning mechanism as taught by Ruan.
`
`Claim 1, the modified device defines contacting inner faces - see figure 1 of
`
`Ruan. Finally, the device is configured to rotate in a forward direction and remain as a
`
`single unit as broadly claimed. The device is configured to rotate in the reverse
`
`direction with the head rotating with respect to the gear and shaft as broadly claimed.
`
`The gear 1 and he'ad 2 of the Ruan ratcheting mechanism remain in mechanical
`
`contact as claimed.
`
`Claim 2, note drive bodies 8 and depressions/holes 6 of Ruan.
`
`Claim 3, note figures 2 and 3 of Ruan.
`
`Claim 4, note springs 7 of Ruan providing for compression and expansion as
`
`claimed.
`
`Claim 5, see figure 3 of Ruan.
`
`Claims 6 and 7, the modified Th·omas/Ruan device is configured as broadly
`
`claimed and as best understood.
`
`I
`
`I
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`Claim 8, the modified device is configured as broadly claimed.
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`Application/Control Number: 12/056,594
`Art Unit: 3612
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`Page 6
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`7.
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`Applicant's arguments filed 9-18-08 have been fully considered but they are not
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`persuasive.
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`· Applicant indicates in the latest response that for the instant invention "the ratchet gear,
`
`the ratchet head and the shaft are configured to rotate as a single integral unit when
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`rotated in a forward direction". Such limitation is included in instant claim 1. Applicant
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`argues that the relied upon Ruan reference is not so constructed. Such argument is not
`
`understood. Clearly the Ruan ratchet gear (element 1 of Ruan), the ratchet head
`
`(element 2 of Ruan), and the shaft (element 3 of Ruan) "rotate as a single integral unit
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`when rotated in a forward dire~tion". Note in paragraph 11 of Ruan '667 the statement
`
`"Thus the rotating body (element 2) will be unable to turn further without turning the
`
`fixed base (element 1). This results in a link-drive relationship between the fixed base
`
`and the rotating body. Under the turning moment of the rotating body, the fixed
`
`base will follow accordingly and thus drive the belt shaft (element 3)" (bold
`
`emphasis added and italicized element references added). _Note also in paragraph 24,
`
`Ruan states that "the rotating body 2 and fixed base 1 will become a link-drive system,
`
`thus driving the belt shaft 3". Further in paragraph 25, Ruan indicates that "While
`
`· turning the rotating body back and forth, it i~ only possible to turn the fixed base in one
`
`direction". Again applicant's assertions to the contrary are simply not understood.
`
`Also, Applicant indicates that element 1 of Ruan (referenced as a "fixed base" in Ruan
`
`and relied upon by the examiner as reading on the defined "ratchet gear" in the claims).
`
`"remains stationary through any rotations of the Ruan invention with respect to both
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`Application/Control Number: 12/056,594
`Art Unit: 3612
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`Page 7
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`Ruan's rotating body 2 and frame 2" (it is assumed applicant is referring to frame "4" of
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`Ruan in this statement). Applicant further indicates that "in both the forward and
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`reverse directions of Ruan's rotating body 2, the fixed base remains fixed as indicated
`
`by the name fixed base 1". These statements are simply incorrect and are not
`
`understood. Clearly the base 1 of Ruan is designed to rotate with the rotating body 2
`
`and the shaft 3 as discussed above. Therefore the base element 1 of Ruan rotates and
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`does not remain "fixed" as applicant claims. As noted above, Ruan in paragraph 11
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`indicates that "Under the turning moment of the rotating body, the fixed base will follow
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`accordingly and thus drive the belt shaft" (emphasis added). Additionally in paragraph
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`12, Ruan indicates that "the fixed base can only rotate unidirectionally" (emphasis
`
`added). In paragraph 25, Ruan states that "it is only possible to turn the fixed base in
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`one direction" (emphasis added). Again applicant's indications that the base 1 of Ruan
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`"remains stationary through any rotations" and "remains fixed" are simply not correct.
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`8.
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`THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time
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`policy as set forth in 37 CFR 1.136(a).
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`A shortened statutory period for reply to this final action is set to expire THREE
`
`MONTHS from the mailing date of this action. In the event a first reply is filed within
`
`TWO MONTHS of the mailing date of this final action and the advisory action is not
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`mailed until after the end of the THREE-MONTH shortened statutory period, then the
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`shortened statutory period will expire on the date the advisory action is mailed, and any
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`extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of
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`'
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`<I
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`'
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`•
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`Application/Control Number: 12/056,594
`Art Unit: 3612
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`Page 8
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`the advisory action. In no event, however, will the statutory period for reply expire later
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`than SIX MONTHS from the mailing date of this final action.
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to Stephen Gordon whose telephone number is (571) 272-
`
`6661. The examiner can normally be reached on Monday, Tuesday, Thursday, and
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`Friday from 8:00am - 4:00pm.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
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`supervisor, Glenn Dayoan can be reached on (571) 272-6659. The fax phone number
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`for the organization where this application or proceeding is assigned is 571-273-8300.
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`Information regarding the status of an application may be obtained from the
`
`Patent Application Information Retrieval (PAIR) system. Status information for
`
`published applications may be obtained from either Private PAIR or Public PAIR.
`
`Status information for unpublished applications is available through Private PAIR only.
`
`For more information about the PAIR system, see http://pair-direct.uspto.gov. Should
`
`you have questions on access to the Private PAIR.system, 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.
`
`stg
`
`/Stephen Gordon/
`Primary Examiner
`Art Unit 3612
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`Page 9 of 9
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