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 .
Application Status
Claims 1-20 are pending and have been examined in this application.
Claims 1-2, 7 and 9 are currently amended; claims 3-6, 8 and 10-13 are original; claims 14-20 are withdrawn;
Claims 1-13 are rejected herein.
Information Disclosure Statement
As of the date of this action, no information disclosure statement has been filed on behalf of this case.
Election/Restrictions
Applicant’s election without traverse of Group I (claims 1-13) in the reply filed on 06/26/2025 is acknowledged.
Response to Arguments
Applicant’s arguments with respect to claims 1-13 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.
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 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 pre-AIA 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.
Claims 1-3, 5 and 6 are rejected under 35 U.S.C. 102(a)(1)/102(a)(2) as being anticipated by Frank (U.S. Pat. No. 6038829).
Regarding claim 1, Frank teaches a mounting assembly for a fall-protection system, the mounting assembly comprising:
an offset stanchion (Fig. 2; 30, 31) comprising a hollow body and a first bore (central bore of 30) formed through the hollow body;
a pair of arms (36 or 37 and 32) connected to the offset stanchion, a first arm (32) of the pair of arms attached to a lower end of the offset stanchion and a second arm (36, 37) of the pair of arms attached to an upper end of the offset stanchion; and
a mounting tube (3) comprising a first end configured to fit within the hollow body and a second bore (internal elongated bore of 3) configured to align with the first bore (Col. 2; lines 66-68).
Regarding claim 2, Frank teaches the pair of arms (18) is configured to position the offset stanchion away from an overhang of a building structure [capable] so that the mounting tube does not contact the overhang [capable].
Regarding claim 3, Frank teaches a third bore (bore of 30 receiving 36) formed through the hollow body; and
a fourth bore (bore of 3 for receiving 36) formed through the mounting tube, wherein the third and fourth bores are configured to align with one another when the first and second bores are aligned (see Fig. 2 for configuration).
Regarding claim 5, Frank teaches a bypass bracket (35) connected to a second end of the mounting tube.
Regarding claim 6, Frank teaches a cable tension system (12, 16) connected a second end of the mounting tube.
Allowable Subject Matter
Claims 7-13 are allowed.
Claim 4 is 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.
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 MUHAMMAD IJAZ whose telephone number is (571)272-6280. The examiner can normally be reached M-F 11:00 am-10:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Liu can be reached at 5712728227. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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MUHAMMAD IJAZ
Primary Examiner
Art Unit 3631
/Muhammad Ijaz/ Primary Examiner, Art Unit 3631