DETAILED ACTION
This is in response to the RCE filed on July 23, 2026. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Claims 1-3, 6, 8-11, 13-15, 17, 18, 21 and 22 are pending. Claims 1-3, 6, 8-11, 13-15, 17, 18, 21 and 22 stand rejected as set forth below.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 July 23, 2026 has been entered.
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 1, 2, 3, 8, 9, 13, 14, 18 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Kutsen (US Pub 2017/0211661) in view of Huet (US Pub 2020/0291573).
In regard to Claim 1, Kutsen discloses a lanyard assembly (Figs 1-3) comprising: an elongate lanyard (200) that includes a chain of multiple interconnected links (Fig 1), including an end link (link on bottom in profile) that forms one end of the chain and a second link (directly above end link) immediately adjacent in the chain to the end link (Fig 6); a terminator (110) that includes a terminator body (Fig 3), the terminator body having a lanyard recess (opening at top of 114, shaded in excerpt figure below) (Fig 3), a chain recess (116) being arranged in a floor of the lanyard recess (Fig 3) (outlined in excerpt of figure below), the chain recess being configured to receive at least the end link (Fig 6); a retainer (180) configured to pass through the end link to prevent removal of the end link from the chain recess (Fig 6) [0028]; and a connector element (128) configured so as to be connectable to an object to effect connection of the lanyard assembly to the object, the connector element being connected to the terminator body by a swivel (Fig 2) [0025].
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Kutsen does not disclose a cover over the chain constructed of cut-resistant material, the lanyard having a smooth outer surface. Huet teaches a lifeline having a cover constructed of a cut-resistant material, the lanyard having a smooth outer surface (Figs 5) [0047]. 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 chain as disclosed by Kutsen to include a cover as taught by HuetO’Neill, in order to protect the chain during the use of a chainsaw. When combined, the cover would extend to the end of the swivel device (top of 100 in figure 1) so as to protect an entirety of the chain.
In regard to Claim 2, Kutsen discloses the lanyard assembly as described above, in which at least part of the second link is received within the chain recess (Figs 3, 6).
In regard to Claim 3, Kutsen discloses the lanyard assembly as described above, in which the chain recess has first (119) and second extents (116) within which the second link and the end link respectively are received (Fig 3).
In regard to Claim 8, Kutsen discloses the lanyard assembly as described above, in which the connection between the connector element and the terminator body is independent of the connection between the chain and the terminator body (Fig 2).
In regard to Claim 9, Kutsen discloses the lanyard assembly as described above, in which the first and second extents of the chain recess are shaped and dimensioned to minimize movement of the links received within the chain recess (Figs 3, 6).
In regard to Claims 13 and 14, Kutsen in view of Huet discloses the lanyard assembly as described above, but does not disclose an end portion of the cover closely approaches or abuts the floor of the lanyard recess. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claim invention when combining the lanyard assembly of Kutsen with the chain cover of Huet to extend the cover to abut a floor of the lanyard recess, in order to fully enclose the chain and offer protection to a user.
In regard to Claim 18, Kutsen discloses the apparatus as described above, in which the chain recess has first (119) and second extents (116) within which the second link and the end link respectively are received (Figs 3, 6).
In regard to Claim 22, Kutsen discloses the lanyard assembly as described above, wherein the chain recess comprises first and second extents within which the second link and the end link respectively are received (Fig 3), and where the extents of the chain recess are shaped and dimensioned to minimize movement of the links received within the chain recess (Figs 3, 6).
Claims 6 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Kutsen in view of Huet as applied to claim 1 above, and further in view of Cowell (US Pub 2016/0319905).
In regard to Claim 6, Kutsen discloses the lanyard assembly as described above, but does not disclose the terminator body including a threaded recess to connect the connector swivel. Cowell teaches a terminator body includes a threaded recess (threaded recess in 42) into which the connector swivel can be threaded (Fig 7). 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 terminal body/connector attachment of Kutsen to be a threaded connection as taught by Cowell, in order to more easily switch out the connector attachments for alternates, thereby providing additional flexibility.
In regard to Claim 21, Kutsen discloses the lanyard assembly as described above, wherein the chain recess comprises first and second extents within which the second link and the end link respectively are received (Fig 3), and wherein the extents of the chain recess are shaped and dimensioned to minimize movement of the links received within the chain recess (Figs 3, 6).
Claims 10 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Kutsen in view of Huet as applied to claims 1 and 3 above, and further in view of Hawkins et al. (US 3,318,575) (hereinafter Hawkins).
In regard to Claim 10, Kutsen discloses the lanyard assembly as described above, but does not disclose the entire length of the end link is received within the second extent of the chain recess. Hawkins teaches an entire length of the end link is received within a second extent of a chain recess (Fig 6). 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 second extent of the chain recess as taught by Kutsen to surround the entire end link as taught by Hawkins, since it will allow less movement between the chain and the terminator body and thus a more stable connection.
In regard to Claim 11, Kutsen discloses the lanyard assembly as described above, but does not disclose approximately half the length of the second link is received within the first extent of the chain recess. Hawkins teaches approximately half the length of the second link is received within the first extent of the chain recess (Fig 6). 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 first extent of the chain recess as taught by Kutsen to surround about half of the second link as taught by Hawkins, since it will allow less movement between the chain and the terminator body and thus a more stable connection.
Claims 15, 17 and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Kutsen in view of Huet as applied to claim 1 above, and further in view of Perner (US 9,265,989).
In regard to Claim 15, Kutsen discloses the lanyard assembly as described above, but does not disclose it attached to an apparatus suitable for use by a person working at a height with a harness and the terminator connecting thereto. Perner teaches an apparatus suitable for use by a person working at height comprising a harness and a lanyard assembly (100), the terminator being connected to an attachment point of the harness (at 606) (Col 2, lines 21-28) (Fig 1a). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the lanyard assembly as taught by Kutsen with the harness of Perner, in order to offer different uses of the lanyard assembly of Kutsen, thus providing more marketability.
In regard to Claims 17 and 23, Perner in the combination teaches the apparatus as described above, in which the lanyard assembly is in addition connected to a further attachment point of the harness through a length adjuster (Col 2, lines 21-28) (Fig 1a).
Response to Arguments
Applicant’s arguments with respect to claim 1 have been considered but are moot because the new ground of rejection does not rely on all of the references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
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/BRIAN D MATTEI/Supervisory Patent Examiner, Art Unit 3635
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