DETAILED ACTION
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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12/20/2025 has been entered. Claims 2-3, 10, 12, 14-16, 20-22 and 28-34 have been cancelled. Claims 1 and 23-27 have been amended. Therefore, claims 1, 4-9, 11, 13, 17-19 and 23-27 remain pending in the application.
Claim Objections
Claims 1, 26 and 27 are objected to because of the following informalities:
Claim 1 establishes the limitation “all of a body weight of the user” in line 5-6 and again in line 17.
Claim 1 establishes the limitation “a user seating position” in line 4, then again “a user seating position” in line 12, then one more time establishes another “a user seating position” in line 13.
The same issues above re-occur similarly in independent claims 26 and 27.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
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 (i.e., changing from AIA to pre-AIA ) 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 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 –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 4, 13 and 23-25 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lang, US (2006/0102423).
In regards to claim 1 Lang discloses:
A safety harness (100; figs. 2A-2D), comprising:
shoulder straps (124, 134);
leg straps (180, 190) each having opposing end portions thereof (see annotated drawings of figs. 2A & 2B) attached to opposing end portion of a respective one of the shoulder straps (see annotated drawings of figs. 2A & 2B) to provide a user seating position thereof (intended use) relative to the shoulder straps and for enabling the leg straps to support all of a body weight of a user (when user is suspended from D-ring 150; figs. 2B, 2C, 2D) of the safety harness when the body weight of the user is fully carried by the safety harness (through and at D-ring 150); and
a suspension relief seat (170; figs. 2B, 2C, 2D) including a seat portion (170) and attachment end portions (see annotated drawings) each extending from a respective one of opposing ends of the seat portion (see annotated drawings), wherein each attachment end portion is attached to a respective weight bearing adjuster buckle (either adjustment members 126 and 136 via straps 124, 134 or adjustment members or mechanisms 182 and 192 indirectly via 180, 190), wherein each weight bearing adjuster buckle is attached to a respective one of the shoulder straps (at least 126 and 136 attached to 124 , 134) thereby enabling a user seating position of the suspension relief seat relative to the shoulder straps (intended use) and a user seating position of the leg straps relative to the shoulder straps to be adjustable (via any one of 126, 136, 182, 192),
wherein the suspension relief seat is positioned to be located at least partially under buttocks of the user (as shown in fig. 2D) of the safety harness thereby enabling the suspension relief seat to support all of a body weight (intended use) of the user when the body weight of the user is fully carried by the safety harness (intended use), wherein the seat portion of the suspension relief seat has two openings (openings through which leg straps 180 & 190 are snaked through from front to back of user as shown in fig. 2A and 2B) each extending between a front edge (see annotated drawings) and a rear edge (see annotated drawings) of the seat portion of the suspension relief seat (see annotated drawings); and wherein each of the leg straps extends through a respective one of the openings (leg straps 180 & 190 are snaked through from front to back of user as shown in fig. 2A and 2B).
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In regards to claim 4 Lang discloses the suspension relief seat is positioned relative to the shoulder straps and leg straps (indirectly to the shoulder strap as shown in figs. 2B, and in the same manner as in the current invention) for causing the user to be in a seated position (intended use) on the suspension relief seat when the body weight of the user is fully carried by the safety harness (when user is suspended from D-ring 150; figs. 2B, 2C, 2D; intended use).
In regards to claim 13 Lang discloses the suspension relief seat is configured to be adjustable before or after a fall (where nothing would prevent adjustment any of 126, 136, 182, 192 before or after a fall).
In regards to claim 23 Lang discloses the openings are located centrally between the opposing end portions of the seat portion of the suspension relief seat (interpreted in the same manner as in the current invention i.e., that the opening are equidistant from the center, since neither of the openings of the current invention are located in the center of the seat).
In regards to claim 24 Lang discloses each one of the leg straps is laced through the respective one of the openings (leg straps 180 & 190 are snaked through from front to back of user as shown in fig. 2A and 2B).
In regards to claim 25 Lang discloses a first end portion (see annotated drawings) of each of the leg straps is located forward of the seat portion of the suspension relief seat (see annotated drawings); and a second end portion (see annotated drawings) of each of the leg straps is located rearward of the seat portion of the suspension relief seat (see annotated drawings).
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Claim 26 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lang, US (2006/0102423).
In regards to claim 26 Lang discloses:
A safety harness (100; figs. 2A-2D), comprising:
shoulder straps (124, 134);
leg straps (180, 190) each having opposing end portions thereof (see annotated drawings of figs. 2A & 2B) attached to opposing end portion of a respective one of the shoulder straps (see annotated drawings of figs. 2A & 2B) to provide a user seating position thereof (intended use) relative to the shoulder straps and for enabling the leg straps to support all of a body weight of a user (when user is suspended from D-ring 150; figs. 2B, 2C, 2D) of the safety harness when the body weight of the user is fully carried by the safety harness (through and at D-ring 150); and
a suspension relief seat (170; figs. 2B, 2C, 2D) including a seat portion (170) and attachment end portions (see annotated drawings) each extending from a respective one of opposing ends of the seat portion (see annotated drawings), wherein each attachment end portion is attached to a respective weight bearing adjuster buckle (either adjustment members 126 and 136 via straps 124, 134 or adjustment members or mechanisms 182 and 192 indirectly via 180, 190), wherein each weight bearing adjuster buckle is attached to a respective one of the shoulder straps (at least 126 and 136 attached to 124 , 134) thereby enabling a user seating position of the suspension relief seat relative to the shoulder straps (intended use) and a user seating position of the leg straps relative to the shoulder straps to be adjustable (via any one of 126, 136, 182, 192),
wherein the suspension relief seat is positioned to be located at least partially under buttocks of the user (as shown in fig. 2D) of the safety harness thereby enabling the suspension relief seat to support all of a body weight (intended use) of the user when the body weight of the user is fully carried by the safety harness (intended use);
wherein:
the leg straps (180, 190) are attached to the seat portion (170) of the suspension relief seat (as shown in fig. 2B-2D);
the seat portion of the suspension relief seat has two openings (openings through which leg straps 180 & 190 are snaked through from front to back of user as shown in fig. 2A and 2B) each extending between a front edge (see annotated drawings) and a rear edge (see annotated drawings) of the seat portion of the suspension relief seat (see annotated drawings); and
the leg straps being attached to the seat portion of the suspension relief seat consists of each one of the leg straps being laced through the respective one of the two openings (leg straps 180 & 190 are snaked through from front to back of user as shown in fig. 2A and 2B).
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Claim 27 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lang, US (2006/0102423).
In regards to claim 27 Lang discloses:
A safety harness (100; figs. 2A-2D), comprising:
shoulder straps (124, 134);
leg straps (180, 190) each having opposing end portions thereof (see annotated drawings of figs. 2A & 2B) attached to opposing end portion of a respective one of the shoulder straps (see annotated drawings of figs. 2A & 2B) to provide a user seating position thereof (intended use) relative to the shoulder straps and for enabling the leg straps to support all of a body weight of a user (when user is suspended from D-ring 150; figs. 2B, 2C, 2D) of the safety harness when the body weight of the user is fully carried by the safety harness (through and at D-ring 150); and
a suspension relief seat (170; figs. 2B, 2C, 2D) including a seat portion (170) and attachment end portions (see annotated drawings) each extending from a respective one of opposing ends of the seat portion (see annotated drawings), wherein each attachment end portion is attached to a respective weight bearing adjuster buckle (either adjustment members 126 and 136 via straps 124, 134 or adjustment members or mechanisms 182 and 192 indirectly via 180, 190), wherein each weight bearing adjuster buckle is attached to a respective one of the shoulder straps (at least 126 and 136 attached to 124 , 134) thereby enabling a user seating position of the suspension relief seat relative to the shoulder straps (intended use) and a user seating position of the leg straps relative to the shoulder straps to be adjustable (via any one of 126, 136, 182, 192),
wherein the suspension relief seat is positioned to be located at least partially under buttocks of the user (as shown in fig. 2D) of the safety harness thereby enabling the suspension relief seat to support all of a body weight (intended use) of the user when the body weight of the user is fully carried by the safety harness (intended use);
wherein:
a first end portion (see annotated drawings) of each of the leg straps is located forward of the seat portion of the suspension relief seat (see annotated drawings); and
a second end portion (see annotated drawings) of each of the leg straps is located rearward of the seat portion of the suspension relief seat (see annotated drawings).
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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 (i.e., changing from AIA to pre-AIA ) 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 5-9, 11, 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over Lang as applied to claim 1 above, and further in view of Bell, US (5228412).
In regards to claim 5-9, 11, 17-19 Lang does not disclose the suspension relief seat is made up of three or more layers of material, widths and lengths specifics of the seat, suspension relief seat is configured to be attached to the respective one of the shoulder straps by threading and stitch pattern.
Bell discloses:
the suspension relief seat is made up of three or more layers of material (at least layers 34A, two layers of 32A, 32B and 32C; as shown in fig. 2 below) with an inside layer being attached to each side of the safety harness, the inside layer being made of a weight or load bearing material (claim 5).
a width of the inside layer (layers of strap 30 as shown in fig. 2) sized to create a surface area to accommodate the buttock of the user (claim 6).
a length of each of the attachment end portions is in the range of 2.5" to 36" (the length having “a length” interpreted as being a length of a section within the length of the strap; hence Bell discloses a section within the length between 32B to 48 that is at least 2.5" per the harness being used on a normal human body hence what is disclosed in fig. 1 between 32B and 48 inherently has a section that is at least 2.5") (claim 7).
a length of a seat area of the suspension relief seat is in the range of 6" to 48" (per the harness being used on a normal human body and since 30 is described in Bell as the seat strap hence examiner provides that the distance between the two hips or between the two pads 58 as shown in fig. 1 to fit a normal human body is at least 6’’) and is configured to lay across the bottom of the buttocks from one side of hips to the other side of hips of the user (intended use and since 30 is described in Bell as the seat strap examiner provides that the width or area of 30 disclosed in the Bell references is wide enough to comfortably lay across the backside of the user at or about the bottom of buttocks from one side of hips to the other side of hips) and each end of the length is reduced down to a width of the attachment end portions (since 58 pad is a portion of the suspension relief seat as shown in fig.1; hence 58 is wider than the end of the strap and the strap is reduced down to a more narrow length) which can be threaded through the adjuster buckle (claim 8).
the material of the suspension relief seat has an outer layer covering the inner layer, the outer layer being of another material for cushioning or comfort (while the claim only recites that the material only may have an outer layer; examiner points to any of the outer most layers shown in fig. 2) (claim 9).
the material making up the suspension relief seat has a fourth layer (any of the layers making up 88) with storage pockets (88; fig. 1) or pouches of varying widths and depths (claim 11).
the suspension relief seat is configured to be attached (intended use) to the respective one of the shoulder straps by threading an end of the respective one of the attachment end portions of the suspension relief seat through the adjuster buckle (via 34 threaded through 64; note that 34 can be considered part of the end portions) (claim 17).
the stitch pattern which attaches each adjuster buckle permanently to the respective one of the shoulder strap (Col 3; LL25-30) is of sufficient strength to avoid breakage after the fall (claim 18).
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the stitch pattern which attaches each adjuster buckle to the respective one of the shoulder straps is sewn in a manner such that the stitch pattern strengthens the weight bearing capacity of the respective one of the attachment end portions of the suspension relief seat (as shown in fig. 1 location of the sewing at portion 34A would inherently strengthen the weight bearing capacity of the strap 30, 32) (claim 19).
Therefore, before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to substitute or adapt the above taught features of the seat portion of Bell onto the seat of Lang for the predictable result with reasonable expectation of success i.e., to provide for the multi layered cushioned seat to better user’s comfort and to have the seat of Lang interconnected with the straps in between the layers which would (a) enhance attachment of the seat to the rest of the harness and (b) stabilize the seat positioning with respect to the user
Response to Arguments
Applicant’s arguments filed 12/20/2025 have been considered but are moot because the new ground of rejection relying upon newly submitted primary reference Lang, US (2006/0102423) utilized in 35 U.S.C. 102(a)(1) rejection, renders applicant’s arguments moot, where previously presented reference Bell is currently only used to teach certain features of the seat in certain dependent claims only.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please refer to PTO-892 form for list of cited references.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHIREF M MEKHAEIL whose telephone number is (571)270-5334. The examiner can normally be reached 10-7 Mon-Fri.
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, Daniel Cahn can be reached at 571-270-5616. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/S.M.M/Examiner, Art Unit 3634
/DANIEL P CAHN/Supervisory Patent Examiner, Art Unit 3634