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 .
Acknowledgment is made of the amendment filed November 10, 2025. The application has been updated accordingly.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 November 10, 2025 has been entered.
Claim Rejections - 35 USC § 112
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 15-20 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.
Claim 15 recites “the at least one strap of the wearable harness” which renders the claim indefinite because it is unclear to the examiner if the “at least one strap” is referring to the belt strap, the adjustment strap or some other strap, such as a shoulder strap. For the purpose of this Office Action the examiner assumes the applicant meant to recite a shoulder strap as in claim 1.
Claims 16-20 are rejected due to their dependency from claim 15.
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, 7-8, 15-17, 20-21 and 28-30 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Rosenblum (3,424,134).
Rosenblum discloses:
Claim 1: A wearable body harness comprising (Fig. 1):
a first shoulder strap (Fig. 1; 20) and a second shoulder strap (Fig. 1; 21);
at least one adjustment strap (Fig. 1; 10/11 with 12, Col. 3, Lines 2-15) having a first end (Fig. 1; nearest 35) and a free, second end opposite the first end (Fig. 1; 12a);
a back plate (Fig. 2; 110) through which the first shoulder strap and the second shoulder strap are routed such that the first shoulder strap and second shoulder strap cross over each other (Fig. 2; 20 and 21 cross over each other within 110),
an anchor element integrated with the back plate and (Fig. 2; 92) configured to connect at least a portion of the first shoulder strap or second shoulder strap to a line (Fig. 2; 120a) fixed to an attachment (Fig. 2; 121), anchor point, or a personal fall limiter device;
a belt strap (Fig. 1; 23) connected to the first shoulder strap and the second shoulder strap via the at least one adjustment strap (Fig. 1; at 31); and
an adjustment mechanism (Fig. 1; 30) configured for selectively raising or lowering a position of the belt strap relative to the first shoulder strap, the second shoulder strap, and the anchor element by moving the second end of the at least one adjustment strap to pull the at least one adjustment strap through the adjustment mechanism (Fig. 1; Col. 3, Lines 2-15), and configured to maintain the belt strap in a fixed position relative to the first should strap and the second shoulder strap (Fig. 1; once positioned the belt will be fixed relative to the shoulder straps);
wherein the adjustment mechanism is connected to at least one of the first shoulder strap and the second shoulder strap (Fig. 5; via portion 33 of 30),
wherein the at least one adjustment strap overlaps the adjustment mechanism at a first position along the at least one adjustment strap (Fig. 5; at 35b); and
at a second position along the at least one adjustment strap between the first position and the first end (Fig. 5; at 30), the at least one adjustment strap at least partially overlaps the belt (Fig. 1; at 31).
Claim 2: The wearable body harness of claim 1, wherein the adjustment mechanism comprises an adjustment buckle (Fig. 1; 30 is depicted as an adjustment buckle) configured to receive the second end of the at least one adjustment strap (Fig. 5; 12a is received by 30) therethrough.
Claim 3: The wearable body harness of claim 2, wherein movement of the second end of the adjustment strap (Fig. 1; 12a) relative to the adjustment buckle (Fig. 1; 30) raises or lowers the belt strap relative to the first shoulder strap and the second shoulder strap (Col. 3, Lines 2-15).
Claims 4 and 17: The wearable body harness of claims 2 and 16, wherein the adjustment buckle is operable between a locked state, in which the position of the second end of the adjustment strap is fixed relative to the adjustment buckle, and an unlocked state, in which the position of the second end of the adjustment strap relative to the adjustment buckle is adjustable (Fig. 1; 30, adjustment buckles such as 30 use frictional engagement with the strap to create a “locked” state and loosen the strap to “unlock”).
Claim 7: The wearable body harness of claim 1, wherein the belt strap (Fig. 1; 23) is suspended relative to the first shoulder strap (Fig. 1; 20) and the second shoulder strap (Fig. 1; 21) by the at least one adjustment strap (Fig. 1; 10/11 with 12).
Claim 8: The wearable body harness of claim 1, further comprising an adjustment (Fig. 1; 80) connected to the belt strap (Fig. 1; 23) and the at least one adjustment strap (Fig. 1; 10/11), the adjustment plate having a first slot through which webbing of the belt strap is routed and a second slot through which the at least one adjustment strap is routed (Fig. 1; 11 is depicted as routed through a slot created by 80).
Claim 15 as best understood by the examiner: An adjustable belt strap assembly configured for use with a wearable harness (Fig. 1; 23) comprising an anchor element (Fig. 2; 92) configured to connect the wearable harness to a line fixed to an attachment (Fig. 2; 120a and 121), anchor point, or a personal fall limiter device, the adjustable belt strap assembly comprising:
at least one adjustment strap (Fig. 1; 10/11 with 12) having a first end (Fig. 1; nearest 35) and a free, second end opposite the first end (Fig. 1; 12a);
a belt strap (Fig. 1; 23) configured for being suspended from the at least one strap of the wearable harness via the at least one adjustment strap (Fig. 1; via 10/11);
an adjustment mechanism (Fig. 1; 30) configured for selectively raising or lowering a position of the belt strap relative to the at least one strap of the wearable harness and the anchor element by moving the second end of the at least one adjustment strap to pull the at least one adjustment strap through the adjustment mechanism (Fig. 1; 12 pulls through 30, Col. 3, Lines 2-15), and configured to maintain the belt strap in a fixed position relative to the at least one strap of the wearable harness (Fig. 1; once positioned the belt will be fixed relative to the shoulder straps 20 and 21); and
an adjustment plate (Fig. 1; 60) connected to the belt strap (Fig. 1; 23) and the at least one adjustment strap (Fig. 1; 10/11), the adjustment plate comprising a slot through which the at least one adjustment strap is routed (Fig. 1; 11 is depicted as routed through a slot created between 80 and 23),
wherein the adjustment mechanism is configured to be connected to the at least one strap of the wearable harness (Fig. 5; via portion 33 of 30),
wherein the at least one adjustment strap overlaps the adjustment mechanism at a first position along the at least one adjustment strap (Fig. 5; at 35b); and
at a second position along the at least one adjustment strap between the first position and the first end, the at least one adjustment strap at least partially overlaps the belt (Fig. 1; at 31).
Claim 16: The adjustable belt strap assembly of claim 15, wherein the adjustment mechanism comprises an adjustment buckle (Fig. 1; 30) configured to receive the second end of the at least one adjustment strap therethrough (Fig. 1; 12a loops through 30).
Claim 20: The adjustable belt strap assembly of claim 15, wherein the adjustment plate (Fig. 1; 60) comprises a second slot (Fig. 3; between 11 and 80) through which webbing of the belt strap is routed (Fig. 3; 23 is routed between 11 and 80).
Claim 21: A wearable body harness comprising (Fig. 1):
a first shoulder strap (Fig. 1; 20) and a second shoulder strap (Fig. 1; 21);
a first adjustment strap (Fig. 1; 10 with 12) having a first end (Fig. 1; nearest 35 left) and a free, second end opposite the first end (Fig. 1; 12a left);
a second adjustment strap (Fig. 1; 11 with 12) having a first end (Fig. 1; nearest 35 right) and a free, second end opposite the first end (Fig. 1; 12a right);
a back plate (Fig. 2; 110) through which the first shoulder strap and second shoulder strap are routed such that the first shoulder strap and second shoulder strap cross each other (Fig. 2; 20 and 21 cross over each other within 110),
an anchor element integrated with the back plate and (Fig. 2; 92) configured to connect at least a portion of the first shoulder strap or second shoulder strap to a line (Fig. 2; 120a) fixed to an attachment (Fig. 2; 121), anchor point, or a personal fall limiter device;
a belt strap (Fig. 1; 23) connected to the first shoulder strap and the second shoulder strap via the first and second adjustment straps (Fig. 1; at 31);
a first adjustment mechanism (Fig. 1; 30 left) configured for selectively raising or lowering a position of the belt strap relative to the first shoulder strap and the anchor element by movement of the second end of the first adjustment strap to pull the second adjustment strap through the second adjustment mechanism (Fig. 1; Col. 3, Lines 2-15), and configured to maintain the belt strap in a fixed position relative to the first shoulder strap (Fig. 1; once positioned the belt will be fixed relative to the shoulder straps and the anchor element), wherein the first adjustment mechanism is connected to the first shoulder strap (Fig. 5; via portion 33 of 30); and
a second adjustment mechanism (Fig. 1; 30 right) configured for selectively raising or lowering the position of the belt strap relative to the second shoulder strap and the anchor element by movement of the second end of the second adjustment strap (Fig. 1; Col. 3, Lines 2-15), and configured to maintain the belt strap in a fixed position relative to the first shoulder strap (Fig. 1; once positioned the belt will be fixed relative to the shoulder straps), wherein the second adjustment mechanism is connected to the second shoulder strap (Fig. 5; via portion 33 of 30),
wherein the first adjustment mechanism and the second adjustment mechanism are configured to move the belt strap independently to adjust the position of the belt strap (Fig. 1; Col. 3, Lines 2-15),
wherein the first adjustment strap overlaps the first adjustment mechanism at a first position along the first adjustment strap (Fig. 5; at 35b left), the second adjustment strap overlaps the second adjustment strap at a first position along the second adjustment strap (Fig. 5; at 35b right),
wherein the first adjustment strap at least partially overlaps the belt strap (Fig. 1; at 31 left) at a second position along the first adjustment strap between the first position along the first adjustment strap and the first end of the first adjustment strap (Fig. 5; at 30 left); and
wherein the second adjustment strap at least partially overlaps the belt strap (Fig. 1; at 31 right) at a second position along the second adjustment strap between the first position along the second adjustment strap and the first end of the second adjustment strap (Fig. 5; at 30 right).
Claim 28: The wearable body harness of claim 1, wherein the second end (Fig. 1; 12a) of the at least one adjustment strap (Fig. 1; 12) is freely suspended from the adjustment mechanism (Fig. 1; 30).
Claim 29: The wearable body harness of claim 15, wherein the second end (Fig. 1; 12a) of the at least one adjustment strap (Fig. 1; 12) is freely suspended from the adjustment mechanism (Fig. 1; 30).
Claim 30: The wearable body harness of claim 21, wherein the second end (Fig. 1; 12a left) of the first adjustment strap (Fig. 1; 12 left) is freely suspended from the first adjustment mechanism (Fig. 1; 30 left); and the second end (Fig. 1; 12a right) of the second adjustment strap (Fig. 1; 12 right) is suspended from the second adjustment mechanism (Fig. 1; 30 right).
Claim Rejections - 35 USC § 103
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 5-6 and 22-27 are rejected under 35 U.S.C. 103 as being unpatentable over Rosenblum (3,424,134) as applied to the claims above, and further in view of Jordan (2006/0195962).
Claim 5: Rosenblum discloses the wearable body harness of claim 4, but fails to disclose wherein, in the locked state of the adjustment buckle, a strap clamp frictionally engages the adjustment strap to prevent movement of the adjustment strap relative to the adjustment buckle.
However, Jordan discloses a strap clamp (Figs. 5-6; 403).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to modify the adjustment buckle of Rosenblum to include the strap clamp, as taught by Jordan, in order to grip and hold the adjustment strap in a tightened position.
Claim 6: Jordan discloses the wearable body harness of claim 5, wherein, in the unlocked state of the adjustment buckle, the strap clamp disengages from the adjustment strap to permit movement of the adjustment strap relative to the adjustment buckle (Figs. 5-6; 403).
Claims 22 and 26: Rosenblum discloses the wearable body harness of claims 1 and 21, but fails to disclose:
a belt pad comprising at least one support strap, wherein the belt strap is routed through the at least one support strap; and
a chest connector configured to connect the first shoulder strap and the second shoulder strap.
However, Jordan discloses a belt pad (Fig. 2; 205) comprising at least one support strap (Fig. 2; 326); and
a chest connector a chest connector (Fig. 1; 103) configured to connect the first shoulder strap and the second shoulder strap.
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to modify the wearable suspension system of Rosenblum to include the belt pad with support strap and the chest connector, as taught by Jordan, with a reasonable expectation of success because it would provide comfort for the wearer and keep the shoulder straps tightly connected and secured against the wearers body.
Thus, in combination Rosenblum and Jordan disclose the belt pad comprising at least one support strap, of Jordan, wherein the belt strap, of Rosenblum is routed through the at least one support strap, of Jordan.
Claim 23: Rosenblum and Jordan disclose the wearable body harness of claim 22, wherein a portion of the at least one adjustment strap (Rosenblum - Fig. 1; 10/11 with 12) extends between the belt strap (Rosenblum - Fig. 1; 23) and the belt pad (Jordan - Fig. 2; 205).
Claim 24: Rosenblum discloses the adjustable belt strap assembly of claim 15, further comprising, wherein the at least one strap of the wearable harness comprises a first shoulder strap (Fig. 1; 20) and a second shoulder strap (Fig. 1; 21); and the wearable harness further comprises:
a back plate (Fig. 2; 110) comprising an anchor element (Fig. 2; 92), wherein the first shoulder strap and the second shoulder strap are routed through the back plate (Fig. 2; 20 and 21 are routed through 110), but fails to disclose a belt pad comprising at least one support strap, wherein the belt strap is routed through the at least one support strap; and
a chest connector configured to connect the first shoulder strap and the second shoulder strap.
However, Jordan discloses a belt pad (Fig. 2; 205) comprising at least one support strap (Fig. 2; 326); and
a chest connector a chest connector (Fig. 1; 103) configured to connect the first shoulder strap and the second shoulder strap.
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to modify the wearable suspension system of Rosenblum to include the belt pad with support strap and the chest connector, as taught by Jordan, with a reasonable expectation of success because it would provide comfort for the wearer and keep the shoulder straps tightly connected and secured against the wearers body.
Thus, in combination Rosenblum and Jordan disclose the belt pad comprising at least one support strap, of Jordan, wherein the belt strap, of Rosenblum is routed through the at least one support strap, of Jordan.
Claim 25: Rosenblum discloses the adjustable belt strap assembly of claim 24, wherein the at least one adjustment strap (Fig. 1; 10/11 with 12) at least partially overlaps the belt pad in a side view (Fig. 1; at 31).
Claim 27: Rosenblum discloses the wearable body harness of claim 26, wherein the first adjustment strap (Fig. 1; 10/11 with 12 left) at least partially overlaps the belt strap at a first position along the belt strap (Fig. 1; at 31 left); and
the second adjustment strap (Fig. 1; 10/11 with 12 right) at least partially overlaps the belt strap at a second position along the belt strap view (Fig. 1; at 31 right).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Rosenblum (3,424,134), as applied to the claims above, and further in view of Bell (5,131,490).
Claim 9: Rosenblum discloses the wearable body harness of claim 1, but fails to disclose wherein the belt strap comprises at least one slot, and wherein the at least one adjustment strap extends through the at least one slot.
However, Bell discloses at least one slot (Fig. 1; 44).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to modify the suspension system of Rosenblum to include the slot, as taught by Bell, with a reasonable expectation of success because it would allow for the adjustment strap to adjustably secured to the belt and prevent loose strap segments from becoming tangled.
Response to Arguments
Applicant’s arguments with respect to claims 1-9, 15-17 and 20-30 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Kathleen M. McFarland whose telephone number is (571)272-9139. The examiner can normally be reached Monday-Friday 8:00am-4:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Mattei can be reached at (571) 270-3238. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Kathleen M. McFarland/Examiner, Art Unit 3635
Kathleen M. McFarland
Examiner
Art Unit 3635
/BRIAN D MATTEI/Supervisory Patent Examiner, Art Unit 3635