This is a Non-Final office action for serial number 14/442,447.
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 .
Allowable Subject Matter
The indicated allowability of claim 32 and 43 is withdrawn in view of the newly discovered reference(s) to Brinkmann. Rejections based on the newly cited reference(s) follow.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 30, 32, 33, 35, 38, 41, 42, 43, 46, 71, 72, 73 is/are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Brinkmann 4,721,182 .
Brinkmann discloses:
30. A safety line traveller for a fall protection system, the safety line traveller (4) comprising: a slide element (12/13/200) comprising two structures (12/13) spaced apart from each other at opposing longitudinal ends of the slide element thereby forming a space; and a brake element (202,204,201) connected to and received in the space between (as it appears to be between 12/13, therefore obvious as between 12/13) the two structures (12/13) of the slide element and movable relative to the slide element between a first position and a second position in response to a force applied to the brake element, wherein the brake element has a connection element (204) to connect a tether (203, 205, 206) or a harness of a user, wherein, in the first position, the brake element (202) is configured to be spaced apart from a safety line (3) to permit a sliding movement of the slide element along the safety line (3), the safety line (3) being horizontally oriented, wherein, in the second position, the brake element (202) is configured to be engaged with the safety line (3) to prevent the sliding movement of the slide element along the safety line, and wherein the slide element (12/13) and the brake element (202) move relative to one another linearly in a direction perpendicular to a longitudinal axis of the safety line (3) between the first and second positions.
32. The safety line traveller according to claim 72, wherein the at least one biasing arrangement is a compression spring (201) having a first end engaging a shoulder (202, shoulder where spring 201 contacts 202) on the brake element (202) and a recess (where spring received in hole of 300) on a base of the slide element (200).
33.The safety line traveller according to claim 72 , wherein the at least one biasing arrangement (201) is a detent arrangement, which is releasable by the force acting on the brake element (202).
35. The safety line traveller according to claim 30, wherein the brake element (202) comprises a tongue (204) that is movably receivable within a slot (slot within 200, column 4, lines 67-68) on the slide element (200).
38. The safety line traveller according to claim 35, wherein the brake element (202, 204, 201) further comprises an arcuate brake structure (shape of 202) having a first end connected to the tongue (204) and a second, free end (upper end of 202 which contacts 3 when in second position).
41. The safety line traveller according to claim 38, wherein the two structures (12, 13) of the slide element are a pair of arcuate slide structures (12,13) extending from a base (where 12, 13 extend from 120) of the slide element.
42. The safety line traveller according to claim 41, wherein each of the arcuate slide structures has a smooth sliding surface (see figure 6) configured for contacting the safety line (3) in the first position.
43. (Original) The safety line traveller according to claim 41, wherein the arcuate slide structures are connected to each other by a bridge (131).
46. (Previously Presented) A safety line traveller for a fall protection system, the safety line traveller comprising: a slide element (12,13) having a base (bottom end of 12, 13 which are the parts below 12, 13 called head in specification) and a pair of spaced apart arcuate slide structures (12, 13) connected to the base (bottom end of 12, 13 which are the parts below 12, 13 see column 4, lines 67-68); and a brake element (202, 201, 204) having a tongue (204) extending through a slot (column 4, lines 67-68) in the base (head of end piece which is 12,13 being slide element, column 4, lines 60-62 including 200) of the slide element (12,13) and an arcuate brake structure (202) connected to the tongue (204) and positioned between (as it appears to be between 12/13, therefore obvious as between 12/13) the arcuate slide structures (12,13), wherein the tongue (204) has a connection element to connect a tether (203, 205, 206) or a harness of a user, wherein the brake element (202, 201, 204) is movable relative to the slide element (12, 13) in a direction substantially perpendicular to a direction of movement of the slide element between a first position and a second position in response to a force applied to the tongue of the brake element, wherein, in the first position, the arcuate brake structure (202) of the brake element is configured to be spaced apart from a safety line (3) to permit a sliding movement of the arcuate slide structures (12, 13) of the slide element along the safety line, the safety line being horizontally oriented, wherein, in the second position, the arcuate brake structure of the brake element (202) is configured to be engaged with the safety line (Figure 6) to prevent the sliding movement of the arcuate slide structures of the slide element along the safety line, wherein the force is applied in the direction substantially perpendicular to the direction of movement of the slide element.
71. A safety line traveller for a fall protection system, comprising: a first component (12/13) arranged to provide sliding engagement with a safety line (3) , wherein the safety line (3) is horizontally oriented; and a second component (202) arranged to hinder sliding contact of the traveller with the safety line (3) and comprising a connection element (204) to connect a tether or a harness of a user, wherein the first (12/13) and second components (202) are normally held in a sliding configuration (see column 5, lines 2-6) in which the second component is spaced from the safety line and the first component provides sliding contact with the safety line, wherein the first and second components are reconfigurable to an alternative configuration (Figure 6) in which the second component (202) engages with the safety line (3) in order to hinder sliding of the traveller on the safety line (column 5, lines 6-15), and wherein the first (12/13) and second components (202) move relative to one another linearly in a direction perpendicular to a longitudinal axis of the safety line (3) between the sliding and alternate configurations.
72. A safety line traveller for a fall protection system, the safety line traveller comprising: a slide (12/13) element comprising two structures (12/13) spaced apart from each other at opposing longitudinal ends of the slide element thereby forming a space; and a brake element (202) connected to and received in the space between the two structures (as it appears to be between 12/13, therefore obvious as between 12/13) of the slide element (12/13) and movable relative to the slide element between a first position and a second position in response to a force applied to the brake element, wherein, in the first position, the brake element is configured to be biased by at least one biasing arrangement (201), causing the brake element (202) to be spaced apart from a safety line (3) to permit a sliding movement of the slide element along the safety line, and wherein, in the second position (figure 6), the brake element (202) is configured to overcome the biasing arrangement in response to the force applied to the brake element, causing the brake element (202) to be engaged with the safety line (3) to prevent the sliding movement of the slide element along the safety line.
73. The safety line traveller according to claim 72, wherein the force applied to the brake element (202) proceeds from a tether (205, 206) connecting the braking element (202) to a user.
[AltContent: textbox (Slide element 12/13
Brake element 202
Biasing arrangement 201
Safety line 3)]
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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.
Claim(s) 36 is/are rejected under 35 U.S.C. 103 as being unpatentable over Brinkmann et al. (Brinkmann) 4,721,182 in view of Castaneda 5,636,704.
Brinkmann discloses all of the limitations except for the connection element is an aperture of the tongue.
Castaneda teaches it is known to have:
36. wherein the connection element is an aperture (275) of the tongue (235).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention with reasonable expectation of success to have modified Brinkmann to have the connection element is an aperture of the tongue as taught by Castaneda for the purpose of providing a conventional attachment means or location for the tether to the tongue before force removal as described within Brinkmann.
Claim(s) 40, 48, 49, and 70 is/are rejected under 35 U.S.C. 103 as being unpatentable over Brinkmann et al. (Brinkmann) 4,721,182 in view of Castaneda 5,636,704.
Brinkmann discloses all of the limitations of the claimed invention except for has a gripping surface having one or more gripping projections.
Castaneda teaches it is known to have:
40. wherein the arcuate brake structure has a gripping surface having one or more gripping projections (270) configured for contacting the safety line when the brake element (235) is in the second position.
48. wherein the arcuate brake structure has a gripping surface having one or more gripping projections (270) configured for contacting the safety line (Rope) when the brake element is in the second position, and wherein the arcuate slide structure (210) has a smooth sliding surface configured for contacting the safety line in the first position.
49. wherein the arcuate brake structure has a gripping surface having one or more gripping projections (270) configured for contacting the safety line when the brake element is in the second position, and wherein each of the arcuate slide structure (210) has a smooth sliding surface configured for contacting the safety line (Rope) in the first position.
70. wherein, in the second position, a roughened gripping surface (270) of an underside of the arcuate brake structure of the brake element (235) is configured to be engaged with the safety line to prevent the sliding movement of the arcuate slide structure (210) of the slide element (205) along the safety line (rope).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention with reasonable expectation of success to have modified Brinkmann to have included gripping surface having one or more gripping projections on the brake as taught by Castaneda for the purpose of preventing accidental sliding of the safety line providing a friction surface to the brake to resist movement of the brake.
Allowable Subject Matter
Claims 37, 39, 44, and 45 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: the closest prior art Brinkmann, Atkinson, or Schmid do not disclose in regards to claim 37, wherein the tongue has an opening configured to receive a fixing connected to the slide element and wherein the fixing delimits movement of the brake element between the first position and the second position.
In regards to claim 39 wherein the arcuate brake structure tapers in a direction from the first end toward the second, free end.
In regards to claim 44 wherein a slot is defined between the base of the slide element and a free end of each of the arcuate slide structures, and wherein the slot is narrower than a width of the safety line.
In regards to claim 45 wherein the brake element and the slide element define a nesting space configured to permit a passage of a second safety line traveller through the nesting space in a direction of travel along the safety line.
Response to Arguments
Applicant’s arguments with respect to the claim(s) 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 KIMBERLY T WOOD whose telephone number is (571)272-6826. The examiner can normally be reached M-Thur 9:00am-5:30pm flexible schedule.
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/KIMBERLY T WOOD/ Primary Examiner, Art Unit 3631