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 .
Response to Arguments
Applicant's arguments filed 04/01/2026 have been fully considered but they are not persuasive.
In response to applicant's argument that King et al. (US PGPUB 2015/0014095 A1) does not disclose, “at least one test unit for testing the connection strength between the one or more permanent magnets and the anchor surface, the at least one test unit including:” (emphasis added), a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
The Examiner further notes that “the at least one test unit” comprises: “a first displacement member configured and arranged to be displaceable between a retracted position and an extended position, wherein the first displacement member at the extended position is configured to engage the anchor surface, and
a tool connection point mechanically linked to the first displacement member, wherein the tool connection point is configured and arranged to actuate and thereby cause displacement of the first displacement member between the retracted position and the extended position” which are the structures that define the metes and bounds of the claims.
The Examiner respectfully asserts that King et al. discloses a first displacement member (362) configured and arranged to be displaceable between a retracted position and an extended position (Fig. 2; indicated by “DISENGAGED” AND “ENGAGED” respectively), wherein the first displacement member at the extended position is configured to engage the anchor surface (Fig. 2, the displacement member engages with the anchor surface through the movement of the attachment magnet 310 [0031]), and
a tool connection point (350, [0035]) mechanically linked to the first displacement member, wherein the tool connection point is configured and arranged to actuate and thereby cause displacement of the first displacement member between the retracted position and the extended position ([0035]); and therefore King et al. anticipates this clause of the immediate claim.
Applicant’s arguments, see page 12, filed 04/01/2026, with respect to King et al. not disclosing the method “applying a threshold force being equal to an approved connection strength to the displacement member applying a threshold force being equal to an approved connection strength to the displacement member by actuation of the tool connection point simultaneously to displacing the displacement member” (emphasis added) have been fully considered and are persuasive.
The Examiner respectfully notes that King et al. includes a separate testing system (900; [0030]-[0031], [0050]; “In one embodiment, illustrated in FIG. 8, the load testing system (900) is a weight applied to the rigging line (1000) or life line (1100) to test how secure the attachments of the primary and secondary magnetic anchors (300, 1300) are. In another embodiment, the load testing system (900) is accomplished by a hydraulic cylinder, pneumatic cylinder, or magnetic load structure that clamps onto the primary and/or secondary magnetic anchor (300, 1300) and applies the appropriate load to ensure no slippage of the primary or secondary magnetic anchors (300, 1300).”) and is not achieved through the tool connection point as the method of claim 13 requires.
The 35 U.S.C. §102(a)(1) rejections of claims 13-15 (Non-Final Rejection 12/30/2025) have been withdrawn.
Claim Rejections - 35 USC § 102
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 1-3, 5-9, and 11-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by King et al. (US PGPUB 2015/0014095 A1).
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Regarding claim 1, King et al. discloses a person anchor unit (210, 220) for person fall safety (Fig.
1) by attaching to a magnetizable anchor surface (200), the person anchor unit comprising: a connection
side (Fig. 2, created by 310, 320, and 200) including a connection surface (320) configured and arranged
to face an anchor surface (200);
an anchor point (330), the anchor point is configured and arranged for attaching a safety line
(1010);
one or more permanent magnets (310) positioned at or near the connection surface; and
at least one test unit (364, 362) for testing the connection strength between the one or more permanent magnets and the anchor surface (the Examiner notes that “for testing…” is essentially a preamble for the structures of the test unit and “a preamble generally is not limiting when the claim body described a structurally complete invention such that deletion of the preamble phrase does not affect the structure or steps of the claimed invention (MPEP 2111.02 II.) including:
a first displacement member (362) configured and arranged to be displaceable between
a retracted position and an extended position (Fig. 2; indicated by "DISENGAGED" and
"ENGAGED" respectively), wherein the first displacement member at the extended position is configured to engage the anchor surface (Fig. 2, the displacement member engages with the anchor surface through the movement of the attachment magnet 310 [0031]), and
a tool connection point (350, [0035]) mechanically linked to the first displacement
member, wherein the tool connection point is configured and arranged to actuate and thereby
cause displacement of the first displacement member between the retracted position and the
extended position ([0035]).
Regarding claim 2, King et al. discloses all of claim 1 as above,
wherein the at least one test unit includes two or more test units (210, 220; the Examiner notes there are two magnetic points with two test units for the entirety of the device).
Regarding claim 3, King et al. discloses all of claim 1 as above,
wherein the at least one test unit further includes a tool gear ([0031] "In one embodiment, the drive screw actuator (364) has a servo motor and gear box that is geared down to create high torque on the output shaft" and a first displacement gear (the gear
attached to the drive screw 362) being interconnected, the tool gear further connected to the
tool connection point (364),
wherein the first displacement member is configured and arranged to be displaceably
connected to the first displacement gear (Fig. 2) and rotating of the first displacement gear
causes displacement of the first displacement member (Fig. 2, [0034]).
Regarding claim 5, King et al. discloses all of claim 3 as above,
wherein the at least one test unit further includes a second displacement gear ([0020], "one or
more attachment magnets" which are shown to have a central bore that the drive screws 362 extend
through and are driven by the drive screw actuator that has a gear box [0031]) connected to the tool
gear ([0031]), and a second displacement member (a second magnet, disclosed in [0020]) configured
and arranged to be displaceably connected to the second displacement gear (Fig. 2),
wherein the second displacement gear is configured and arranged when rotated to displace (Fig.
2) the second displacement member between the retracted position and extended position, wherein
the second displacement member is configured and arranged to engage the anchor surface in the
extended position (Fig. 2).
Regarding claim 6, King et al. discloses all of claim 1 as above, wherein the at least one test unit
includes a first displacement chamber (350, the cylinder that allows the magnet to move between the
ENGAGED and DISENGAGED position), wherein a part of the first displacement member is configured
and arranged to be displaceable and positioned within the first displacement chamber (Fig. 2), the first
displacement chamber and the first displacement being complementarily shaped to prevent rotation of
the first displacement member (Fig. 2).
Regarding claim 7, King et al. discloses all of claim 6 as above, wherein the first displacement
member includes a first flange (Fig. 2, either the S pole of the magnetic member or the N pole of the
magnetic member) extending perpendicular to a longitudinal axis defined by the displacement member (362), wherein the first flange is configured and arranged to engage the first displacement chamber to prevent rotation of the displacement member (the displacement member in contained by the displacement chamber and fixed by the drive screw, Fig. 2).
Regarding claim 8, King et al. discloses all of claim 1 as above, wherein the person anchor unit
includes a shock absorber ([0021], "a rubber coating") connected to the anchor point.
Regarding claim 9, King et al. discloses all of claim 1 as above, wherein at least one of the at
least one test unit includes a hydraulic system ([0035]) configured and arranged to be actuated through
the tool connection point for displacement of the first displacement ([0035]).
Regarding claim 11, King et al. discloses a kit (Fig. 1) comprising
a person anchor unit according to claim 1 as above; and
a tool adapted to connect to the tool connection point ([0035]).
Regarding claim 12, King et al. discloses all of claim 11 as above, wherein the tool is a torque
wrench ("mechanical advantage worker bar", [0035]).
Allowable Subject Matter
Claims 4 and 10 are 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.
Regarding claim 4, King et al. discloses all of claim 3 as above.
However, neither King et al. nor any of the prior art of record teach or suggest, "wherein the first displacement gear includes a first central bore and the first displacement member extends through the first central bore, wherein the first central bore and the first displacement member are complementarily threaded, and wherein the at least one test unit further includes a comprises means for preventing rotation of the displacement member."
Regarding claim 10, King et al. discloses all of claim 1 as above.
However, neither King et al. nor any of the prior art of record teach or suggest, "the first displacement member includes a first head with a color, wherein the first head is visible in the retracted position."
Claims 13-15 are allowed.
Regarding claim 13, Regarding claim 13, King et al. discloses a method for testing connection strength between an anchor surface (200) comprising magnetizable material ([0005], the Examiner notes that the attachment system is magnetic and would only attach to a similarly "magnetizable" or paramagnetic/magnetic surface) and a person anchor unit comprising one or more permanent magnets (310) and a displacement member (362), and a tool connection point (350, [0035]) mechanically linked to the displacement member (Fig. 2) the method including the following steps;
attaching the person anchor unit to the anchor surface (Fig. 2, "DISENGAGED");
displacing the displacement member towards the anchor surface (Fig. 2, "ENGAGED");
applying a threshold force being equal to an approved connection strength to the displacement
member simultaneously to displacing the displacement member ([0059], "Next, the attachment
strength of the primary and secondary magnetic anchors (300, 1300) are tested by applying a
predetermined test load to the primary and secondary magnetic anchors (300, 1300) with the
interconnection load system (910)."); and
testing whether the displacement member causes displacement of the person anchor unit (10) relative to the anchor surface ([0059], "During the primary and secondary magnetic anchor (300, 1300) attachment strength test, sensors may be used to detect movement of at least one of the primary magnetic anchor (300) and/or the secondary magnetic anchor (300). The status of acceptable attachment strength or failure of the load system test can be indicated by status lights on the primary and secondary attachment magnetic anchors (300, 1300)").
However, neither King et al. nor any of the prior art of record teach or suggest, “wherein applying a threshold force being actual to an approved connection strength to the displacement member by actuation of the tool connection point simultaneously to displacing the displacement member.”
Claims 14-15 are allowable based on their dependencies.
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 RYAN C CLARK whose telephone number is (571)272-2871. The examiner can normally be reached Monday - Thursday 0730-1730, Alternate Fridays 0730-1630.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Courtney D Heinle can be reached at (571)-270-3508. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RYAN C CLARK/Examiner, Art Unit 3745
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