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 .
The amendment filled 05/16/2025 has been entered. Claims 1-4 have been cancelled. Claims 5 and 6 have been amended. Therefore, claims 5 and 6 remain pending in the application. Previous 35 USC § 112 rejections have been partially withdrawn in light of the applicant’s amendments to the claims. However new 35 USC § 112 rejections have been introduced also as a result of the amendment.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “an arrangement configured to prevent constriction when slack is drawn out of the line” claim 5 lines 27-28 {Note: that the weave pattern of line 41 shown in figures 7 and 11 reflects that pinching/squishing of the MOLLE/PALS loops would occur (at least in the vertical direction with any level of tension in the line} must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) 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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each 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 not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 5 is objected to because of the following informalities:
Claim 5 line 1-2 recites “A method of using an electrical safety system comprising: providing an electrical worker safety system”; it appears that the “electrical safety system” is the same as “electrical worker safety system”, either a distinction in the disclosure is needed to be clarified or the claim to be amended.
Claim 5 line 31 recites “attaching the line to one or more first loops on a side facing towards a movement axis”; are “first loops” part of the “MOLLE/PALS loops” or in addition to them? Secondly, is “a side” in this recitation the same as “a side” established in line 16? If not a distinction between the two is required by assigning different nomenclature.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 6 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 6 recites “the line comprises an aramid fiber material that is at least eight feet in length”; this recitation constitutes new matter, since there is no mention in the disclosure for any “fiber” or “aramid fiber”, and while previously recited Kevlar is a type of aramid fiber, the term “aramid fiber material” encompasses a larger scope for which the original disclosure does not have support.
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 5 and 6 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 5 lines 35-36 recites “an arrangement configured to prevent constriction when slack is drawn out of the line”; indefiniteness arises due to (A) as described in the drawing’s objection above the weave pattern of line 41 shown in figures 7 and 11 reflects that pinching/squishing of the MOLLE/PALS loops would occur (at least in the vertical direction) with any level of tension in the line, hence inevitably causing constriction of the worker wearing the vest; and (B) the phrase “prevent constriction” implies that no or zero constriction would occur. To clarify, pulling on rescue line 41 would inevitably cause a drawstring effect similar to that in a pouch sack or backpack, hence it is unclear how can an arraignment of a line passing through loops as shown in fig. 7 prevent constriction.
Claim 5 line 29 recites “disposing the electrical worker safety system on an electrical worker and fastening and adjusting the straps and buckles”; this recitation appears to positively recite and require an electrical worker; applicant is reminded that “Congress has excluded claims directed to or encompassing a human organism from patentability. The Leahy-Smith America Invents Act (AIA ), Public Law 112-29, sec. 33(a), 125 Stat. 284, states” MPEP 2105 B (III). Similarly, line 32 recites “the movement axis is determined based on orientation of the worker”; which positively requires the worker in order to establish the axis of movement.
Claim 5 line 33-34 recites “a path of movement defined as a path which may be traversed away from the electrical system”; the term “may be” makes it unclear if the path may not traverse or if it may traverse. In short, it is not clear what is being limited and particularly and distinctly claimed in this limitation.
Allowable Subject Matter
Claims 5 and 6 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Response to Arguments
Applicant's arguments filed 05/16/2025 have been fully considered but they are not persuasive because:
Applicant arguments and amendments resulted in partial withdrawal of previously presented objections (drawings and claims) and 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph rejection. However, regarding the remaining drawings objection and as it also pertains to the 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph associated with this recitation, applicant argues “Applicant points Examiner to [0043] of the specification and FIGs. 12-13, where Applicant states, "[t]esting was conducted and with minimum slack in lifeline passing through the MOLLE/PAL webbing loops 14 and lifeline worker end loop 41B using the weave method of attachment. In this test and configuration, the lifeline 41 cinches up or tightens within the various loops 14, 41B in approximately 3-1/2 inches (see figures 12 and 13) of drawn out slack. This arrangement also prevents constriction of a worker's body when the slack is drawn out”; examiner respectfully disagrees and presents that the statement in the specification on one hand admits tightening i.e.: “cinches up or tightens within the various loops 14, 41B in approximately 3-1/2 inches”, and on the other hand does not support the recitation since having the slack drawn out does not mean that the line is relaxed, for example if a tension resulting from drawing six inches of slack, then have one inch drawn out, that would indeed have the line still under tension pulling on the loops and inevitably causing constriction. In short, there is no illustration or description in the specification that would demonstrate or explain how an arrangement such as what is shown in figs. 7 and 11 would have an effect different than a drawstring effect when pulled or would have no constriction only when fully relaxed and enough slack is in the line where no stress or tension is applied on the loops via the line.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
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 mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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.
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/S.M.M/Examiner, Art Unit 3634
/DANIEL P CAHN/Supervisory Patent Examiner, Art Unit 3634