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 .
This is a final Office action responsive to the reply filed on 01/30/2026.
Claims 77, 83, 90, 100,101 and 107 have been amended.
Claims 1-76 have been canceled.
Claims 77-107 are pending.
Claim Objections
Claim 80 is objected to because of the following informalities:
Claim 80, line 2 “a colored portion” should be - - the colored portion - -.
Appropriate correction is required.
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.
Claims 77-88, 97, 99-101 and 103-106 are rejected under 35 U.S.C. 103 as being unpatentable over Sato (US Patent No. 4,384,389), in view of McBride et al. (US Patent No. 5,930,872).
Regarding claim 77, Sato discloses a clamp for use with a safety line, the clamp comprising:
a receiving member (see annotated Figs. 5 and 6);
a shaft (see annotated Figs. 5 and 6);
a jamming member movably mounted relative to the receiving member, wherein, in use, the safety line is positioned between the jamming member and the receiving member (see annotated Figs. 5 and 6);
an actuator (a combination of shaft (2), nut (9), plate (3) and handle (11)) connected to the jamming member such that movement of at least one portion of the actuator along the shaft results in movement of the jamming member (the actuator is connected to the jamming member thru the shaft, chassis and receiving member, see annotated Figs. 5 and 6):
in a first direction towards a locked state in which the safety line is clamped between the jamming member and at least a portion of the receiving member (see annotated Fig.6); or
in a second direction towards an unlocked state in which the safety line is movable between the receiving member and the jamming member (see annotated Fig.5); and
a first indicator configured to provide a visual indication of the unlocked state (when the receiving member is perpendicular to the shaft) or the locked state (when the receiving member is parallel to the shaft and is clamp with (3)) of the clamp (see annotated Figs. 5 and 6).
Sato does not disclose the first indicator comprises an optical marker comprising a colored portion, a symbol, or a label.
However, McBride et al. teaches an indicator comprises an optical marker comprising a colored portion (see Col. 7, lines 56-63).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the jamming member and the receiving member from Sato with different colors as taught by McBride et al. in order to differentiate when the jamming member is perpendicular with the receiving member or open position.
Regarding claim 78, Sato discloses, wherein the safety line is looped around the jamming member such that the clamp can self-tighten in response to a load applied to the safety line (see annotated Fig.6).
Regarding claim 79, Sato discloses, wherein the first indicator is visible or concealed when the clamp is in the locked state (when the receiving member is parallel to the shaft) (see annotated Fig. 6).
Regarding claim 80, Sato discloses the claimed invention except for the first indicator comprises a colored portion that is a different color compared to remaining portions of the clamp.
However, McBride et al. teaches an indicator comprises a colored portion that is a different color (see Col. 7, lines 56-63).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the jamming member and the receiving member from Sato with different colors as taught by McBride et al. in order to differentiate when the jamming member is perpendicular with the receiving member or open position.
Regarding claim 81, Sato discloses, wherein the actuator is connected to the jamming member by a chassis (the actuator is connected to the jamming member thru the shaft, chassis and receiving member, see annotated Figs. 5 and 6).
Regarding claim 82, Sato further discloses, comprising a second indicator (when (3) is in contact with safety line) configured to provide a visual indication that the clamp is in the locked state, wherein the second indicator is visible or concealed in the locked state (see annotated Fig. 6).
Regarding claim 83, Sato discloses, wherein, in response to an application of force on the safety line in the locked state, the jamming member is urged further into the receiving member into a second locked state, resulting in the second indicator (when (3) is in contact with safety line) becoming visible or concealed (see annotated Fig. 6).
Regarding claim 84, Sato discloses, wherein the actuator comprises a handle, and wherein the handle is rotatable to reconfigure the clamp between the unlocked state and the locked state (see annotated Figs. 2, 5 and 6).
Regarding claim 85, Sato discloses, wherein rotational movement of the handle results in a sliding movement of the jamming member relative to the receiving member (see annotated Figs. 2,5 and 6).
Regarding claim 86, Sato discloses, wherein the jamming member is slidably mounted to the receiving member via at least one slot (See annotated Figs. 5 and 6).
Regarding claim 87, Sato discloses, wherein the receiving member comprises a pair of clamping surfaces, wherein the clamping surfaces are arranged to engage the safety line in the locked state (see annotated Figs. 5 and 6).
Regarding claim 88, Sato discloses, wherein the jamming member has a tapered or wedge shape (see annotated Figs. 5 and 6).
Regarding claim 97, Sato discloses, wherein there is a gap between an engagement surface of the chassis and the actuator in the locked state (see annotated Fig. 6).
Regarding claim 99, Sato discloses, wherein the jamming member, the receiving member, or a combination thereof provides a large clamping area to reduce damage to the safety line in the locked state (see annotated Fig. 6).
Regarding claim 100, Sato discloses, wherein a first portion (3) of the actuator engages a chassis in the first direction of movement, and a second portion (9) of the actuator engages the chassis in the second direction of movement (see annotated Figs. 5 and 6).
Regarding claim 101, Sato further discloses, comprising a gap between the chassis and the first (3) or second portion (9) of the actuator in the locked state (see annotated Fig. 6).
Regarding claim 103, Sato discloses, wherein further movement of the at least one portion of the actuator along the shaft is stopped by the receiving member in the locked state (see annotated Fig. 6).
Regarding claim 104, Sato discloses, wherein the receiving member is configured to prevent overtightening by limiting a clamping force applied to the safety line (see annotated Fig. 6).
Regarding claim 105, Sato discloses, wherein there is no movement of the at least one portion of the actuator along the shaft between the locked state and the second locked state (see annotated Fig. 6).
Regarding claim 106, Sato discloses, wherein the actuator comprises at least a portion of the handle (see annotated Figs. 2, 5 and 6).
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Claim 89 is rejected under 35 U.S.C. 103 as being unpatentable over Sato (US Patent No. 4,384,389), in view of McBride et al. (US Patent No. 5,930,872) as applied to claim 77 above, and further in view of Sachs (US Patent No. 5,336,846).
Regarding claim 89, Sato discloses the claimed invention except for the jamming member, the receiving member, or a combination thereof has a notched or a toothed surface.
However, Sachs teaches the jamming member (32) has a notched or a toothed surface (76a, 76b, 76c) (see Fig. 10).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the jamming member from Sato with toothed surface in order to enhance friction and stronger grip on the safety line.
Response to Arguments
Applicant's arguments, see pages 10 and 11, filed 01/30/2026 have been fully considered but they are not persuasive.
Regarding claim 77, the combination of Sato, in view of McBride et al. broadly discloses a first indicator configured to provide a visual indication of the unlocked state (when the jamming member is perpendicular to the shaft) or the locked state (when the jamming member is parallel to the shaft and is clamp with (3)) of the clamp (see annotated Figs. 5 and 6 from Sato). At least Sato discloses when the jamming member is perpendicular to the shaft, that visually indicates the unlocked state.
McBride et al. teaches two parts with different colors, used as an optical marker to indicate a visually unlocked or locked position (see Col. 7, lines 56-63 from McBride).
Applicant’s arguments are more limiting than the claimed invention.
Allowable Subject Matter
Claims 98 are 107 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. The prior art of record does not disclose a close gap between the engagement surface of the chassis and the actuator, when the jamming member moves into a second locked state.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
REASONS FOR ALLOWANCE
Claims 90-96 and 102 are allowed.
The following is an examiner's statement of reasons for allowance:
Regarding claim 90, the prior art of record fails to anticipate or render obvious the presently claimed subject matter, when viewed as a whole, requiring the structural combination, or claimed combination of elements defining the invention(s), requiring the gap separated between the engagement surface and the housing is closed into a second locked state, when the jamming member is urged further into the receiving member.
Regarding claim 102, the prior art of record fails to anticipate or render obvious the presently claimed subject matter, when viewed as a whole, requiring the structural combination, or claimed combination of elements defining the invention(s), requiring the gap adjacent to at least a portion of the actuator is closed into a second locked state, when the jamming member is urged further into the receiving member.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled "Comments on Statement of Reasons for Allowance."
Examiner’s Comment
In view of applicant’s amendments to the claims submitted in the reply filed on 01/30/2026, the claim rejections under 35 USC § 112 & 102 indicated in the prior Office action have been withdrawn.
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 LOUIS A MERCADO whose telephone number is (571)270-5388. The examiner can normally be reached Monday - Friday 8:00 am - 5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jason W. San can be reached at 571-272-6531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LOUIS A. MERCADO/
Examiner
Art Unit 3677
/JASON W SAN/SPE, Art Unit 3677
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