Application No. 12/056,594
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`APPLICANT: Phillip Bryan Howes, et al.
`
`SERIAL NO.: 12/056,594
`
`FILED:
`
`March 27, 2008
`
`FOR: VEHICLE AND CARGO
`TRANSPORT RATCHETING TIE
`DOWN APPARATUS AND SYSTEM)
`
`)
`) Group Art Unit: 3612
`)
`)
`) Examiner: Gordon, Stephen T.
`)
`)
`) Confirmation No.: 9840
`)
`)
`)
`
`ViaEFS
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22313-14 5 0
`
`AMENDMENT AND RESPONSE ACCOMPANYING REQUEST FOR
`
`CONTINUED E.:~AMINATION
`
`Applicants respectfully request entry of the following amendment and remarks
`
`contained herein in response to the Final Office Action mailed November 20, 2008.
`
`Applicants respectfully submit that the amendment and remarks contained herein place
`
`the instant application in condition for allowance.
`
`Docket No. CTT-0009
`
`1
`
`Page 1 of 8
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`BOYDSTUN EXHIBIT 1008
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`APPLICANT: Phillip Bryan Howes, et al.
`
`SERIAL NO.: 12/056,594
`
`FILED:
`
`March 27, 2008
`
`FOR: VEHICLE AND CARGO
`TRANSPORT RATCHETING TIE
`DOWN APPARATUS AND SYSTEM)
`
`)
`) Group Art Unit: 3612
`)
`)
`) Examiner: Gordon, Stephen T.
`)
`)
`) Confirmation No.: 9840
`)
`)
`)
`
`ViaEFS
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22313-14 5 0
`
`AMENDMENT AND RESPONSE ACCOMPANYING REQUEST FOR
`
`CONTINUED E.:~AMINATION
`
`Applicants respectfully request entry of the following amendment and remarks
`
`contained herein in response to the Final Office Action mailed November 20, 2008.
`
`Applicants respectfully submit that the amendment and remarks contained herein place
`
`the instant application in condition for allowance.
`
`Docket No. CTT-0009
`
`1
`
`Page 1 of 8
`
`BOYDSTUN EXHIBIT 1008
`
`
`
`Application No. 12/056,594
`
`IN THE DRAWINGS
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`FIG. 3 has been amended to include labels 146, 147, 148, 149. A replacement
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`sheet is included. FIG. 4 has also been amended to label the engagement teeth 406, as
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`disclosed in the specification and in FIGS. 7 A and 7B as well.
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`Docket No. CTT-0009
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`2
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`Page 2 of 8
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`BOYDSTUN EXHIBIT 1008
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`
`
`Application No. 12/056,594
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`AMENDMENT TO THE CLAIMS:
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`1. (Currently Amended) A ratcheting tie down system for a vehicle transporter having
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`one or more vehicle platforms, the system comprising:
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`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;
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`a pawl mechanism coupled to the ratchet assembly,
`
`wherein the ratchet assembly comprises:
`
`a ratchet gear having engagement teeth coupled to the pawl mechanism;
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`a ratchet head coupled to the ratchet gear,
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`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
`
`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.
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`2. (Original) The system as claimed in Claim 1 further comprising drive bodies
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`disposed in depressions positioned on the inner face of the ratchet head.
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`3. (Original) The system as claimed in Claim 2 further comprising ramped pockets
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`disposed on the inner face of the ratchet gear.
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`4. (Original) The system as claimed in Claim 3 wherein the drive bodies are configured
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`to compress into and expand out of the depressions positioned on the inner face of the
`
`ratchet head.
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`Docket No. CTT-0009
`
`3
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`Page 3 of 8
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`BOYDSTUN EXHIBIT 1008
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`
`
`Application No. 12/056,594
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`5. (Previously Presented)
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`The system as claimed m Claim 3 wherein the ramped
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`pockets each comprise:
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`a ramp surface positioned between an upper-most portion of each ramped pocket,
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`said uppermost portion being adjacent and co-planar with the inner face of the ratchet
`
`gear; and
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`a lower-most portion positioned at a depth within the ratchet gear, thereby
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`defming a wall within each of the ramped pockets.
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`6. (Previously Presented)
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`The system as claimed in Claim 5 wherein the drive bodies
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`are configured to ride along the ramp surface and into an adjacent ramped pocket in
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`response to a reverse rotation of the ratchet head.
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`7. (Previously Presented)
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`The system as claimed in Claim 5 wherein the drive bodies
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`are configured to position in the lower-most portion and be in mechanical contact with
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`the wall in response to a forward rotation of the ratchet head, the ratchet gear and the tie(cid:173)
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`down shaft.
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`8. (Original) The system as claimed in Claim 1 wherein the shaft 1s configured to
`
`receive at least one of a chain and a strap.
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`Docket No. CTT-0009
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`4
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`Page 4 of 8
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`BOYDSTUN EXHIBIT 1008
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`
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`Application No. 12/056,594
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`REMARKS
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`In response to the Office Action mailed on November 20, 2008, Applicants
`
`respectfully request reconsideration based on the above claim amendments and the
`
`following remarks. Applicant respectfully submits that the claims as presented are in
`
`condition for allowance.
`
`Claim Disposition
`
`Claims 1 - 8 are pending in the application. Claims 1 - 8 have been rejected.
`
`Claim Amendments
`
`Claim 1 has been amended, leaving Claims 1-8 for consideration upon entry of
`
`the present amendment. No new matter has been added by the amendments. The
`
`amendment to Claim 1 is fully supported in Applicants' specification.
`
`Claim Rejections - 35 U.S.C. § 102
`
`Claims 1-8 stand rejected under 35 USC 102(b) as being allegedly anticipated by
`
`Ruan. Applicants respectfully traverse the rejection.
`
`To anticipate a claim under 35 U.S.C. § 102, a single source must contain all of
`
`the elements of the claim. Lewmar Marine Inc. v. Barient, Inc., 827 F.2d 744, 747, 3
`
`U.S.P.Q.2d 1766, 1768 (Fed. Cir. 1987), cert. denied, 484 U.S. 1007 (1988). Moreover,
`
`the single source must disclose all of the claimed elements "arranged as in the claim."
`
`Structural Rubber Prods. Co. v. Park Rubber Co., 749 F.2d 707,716,223 U.S.P.Q. 1264,
`
`1271 (Fed. Cir. 1984).
`
`As will respectfully be shown below, Ruan clearly does not show all of
`
`Applicants' elements as arranged in Claim 1.
`
`Claim 1, as amended, recites "A ratcheting tie down system for a vehicle
`
`transporter having one or more vehicle platforms, the system comprising:
`
`Docket No. CTT-0009
`
`5
`
`Page 5 of 8
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`BOYDSTUN EXHIBIT 1008
`
`
`
`Application No. 12/056,594
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`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;
`
`a pawl mechanism coupled to the ratchet assembly,
`
`wherein the ratchet assembly comprises:
`
`a ratchet gear having engagement teeth coupled to the pawl mechanism;
`
`a ratchet head coupled to the ratchet gear,
`
`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
`
`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."
`
`(Emphasis Added)
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`Applicants respectfully point out that Applicants'
`
`ratchet assembly
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`includes both the ratchet gear and the ratchet head in which "an inner face of the ratchet
`
`gear is positioned in opposition to and in mechanical contact with an inner face of the
`
`ratchet head". Applicants have also amended Claim 1 to clearly recite that the
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`engagement teeth of the ratchet gear are included in the ratchet assembly. Furthermore,
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`Applicants respectfully point out that the ratchet assembly is located on one end of the
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`shaft. In contrast, Ruan shows fixed base 1 and rotating body 2 on one end of the shaft.
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`However, Ruan clearly fails to show any sort of engagement teeth on this same end of the
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`shaft. Quite clearly ( although not labeled) Ruan shows teeth on the opposite end of the
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`shaft ( opposite the fixed base 1 and rotating body 2). Applicants respectfully point out
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`that although the teeth are not labeled in Ruan, they are shown adjacent the label 4 (for
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`the supporting frame) in Figure 1 of Ruan for example. As such, Applicants respectfully
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`Docket No. CTT-0009
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`6
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`Page 6 of 8
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`BOYDSTUN EXHIBIT 1008
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`
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`Application No. 12/056,594
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`submit that Applicants' ratchet assembly is included in one single piece that includes the
`
`ratchet gear ( and engagement teeth), and the ratchet head all on one end of the shaft. In
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`contrast, Ruan's teeth are positioned opposite Ruan's fixed base 1 and rotating body 2,
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`thus not being an integral unit. Applicants respectfully submit that these structural
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`features of Applicants' claimed invention clearly differentiate the claimed invention from
`
`Ruan. In particular, Applicants respectfully submit that Ruan clearly does not show all of
`
`Applicants' elements as arranged in Claim 1.
`
`Claims 2-8 depend from Claim 1, and thus are believed to be allowable at least
`
`due to their dependency on Claim 1.
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`Claim Rejections - 35 U.S.C. § 103
`
`Claims 1-8 stand rejected under 35 U.S.C. § I03(a) as being allegedly
`
`unpatentable Thomas, in view of Ruan. Applicants respectfully traverse the rejection.
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`As described above with respect to the 35 USC 102(b) rejection, Ruan fails to
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`teach or suggest Applicants integral ratchet gear (including the engagement teeth) and
`
`ratchet head. Thomas does not cure this deficiency as discussed in the Office Action.
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`Applicants therefore respectfully submit that Claim 1 is patentable over Thomas in view
`
`of Ruan.
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`Claims 2-8 depend from Claim 1, and thus are believed to be allowable at least
`
`due to their dependency on Claim 1.
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`Docket No. CTT-0009
`
`7
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`Page 7 of 8
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`BOYDSTUN EXHIBIT 1008
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`
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`Application No. 12/056,594
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`Conclusion
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`It is believed that the foregoing amendments and remarks are fully responsive to
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`the Office Action and that the claims herein should be allowable to the Applicants.
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`In
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`the event the Examiner has any queries regarding the instantly submitted response,
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`the undersigned respectfully request the courtesy of a telephone conference to
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`discuss any matters in need of attention.
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`If there are any additional charges with respect to this Response or otherwise,
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`please charge them to Deposit Account No. 06-1130.
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`Date: February 19, 2009
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`Respectfully Submitted,
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`CANTOR COLBURN LLP
`
`/Greg O'Bradovich/
`By
`Greg O 'Bradovich
`Registration No. 42,945
`20 Church Street
`Hartford, CT 06103
`Telephone: (860) 286-2929
`Facsimile: (860) 286-0115
`Customer No. 23413
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`Docket No. CTT-0009
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`8
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`Page 8 of 8
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`BOYDSTUN EXHIBIT 1008
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