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 .
Acknowledgment is made of the amendment filed February 13, 2026. The application has been updated accordingly.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 February 13, 2026 has been entered.
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 1-2, 4-6, 10-11, 13-19 and 21-22 are rejected under 35 U.S.C. 102(a)(1) as anticipated by Monahan et al. (2020/0406072) hereinafter Monahan, or, in the alternative, under 35 U.S.C. 103 as obvious over Monahan, as evidenced by Knight (1,939,062).
Monahan discloses:
Claim 1: A fall-protection safety harness (Fig. 1) configured so that when the harness is worn by a user, a first, right ventral strap (Fig. 1; 110a) of the harness extends from the right shoulder of the user to the right hip (Fig. 1; where 110a and 114 intersect) of the user with the harness comprising a right leg strap that is a downward continuation of a lowermost portion of the first, right ventral strap (Fig. 1; 102c right); and, a second, left ventral strap (Fig. 1; 110b) of the harness extends from the left shoulder of the user to the left hip (Fig. 1; where 110b and 112 intersect) of the user with the harness comprising a left leg strap that is a downward continuation of a lowermost portion of the second, left ventral strap (Fig. 1; 102c left),
wherein a first buckle portion (Fig. 2A; 202) is mounted on the first, right ventral strap (Fig. 1; 200 right is mounted to 110a) and a second buckle portion (Fig. 1; 2A; 204) is mounted on the second, left ventral strap (Fig. 1; 200 left is mounted to 110b), the first and second buckle portions being detachably attached to each other to form a ventral buckle (Fig. 2C; Para. [0071]);
wherein the first and second ventral straps and the first and second buckle portions are configured so that the ventral buckle is at least generally aligned with a sagittal plane of the user and harness (Fig. 1; Para. [0064]);
wherein the first and second ventral straps and the first and second buckle portions are configured so that the ventral buckle is at least generally aligned with a sagittal plane of the user and harness. and, wherein at least one of the first and second ventral straps, and the buckle portion that is mounted on that ventral strap, are configured so that the ventral strap exhibits a 180 degree twist at the buckle portion (Para. [0077]).
The examiner asserts that the buckle configuration of Monahan would result in the disclosed 180 degree twist, and that Monahan discloses as much in Para. [0077] by stating that the harness webbing passes through gap 218a/b and around bar 216a/214b such that the webbing overlaps around itself, as such, the webbing would be forced into a 180 degree twist due to the single buckle openings (218a/b).
However, should the applicant disagree, Knight depicts how a singular opening results in such a 180 degree twist (Fig. 1), therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention for the webbing to exhibit a 180 degree twist, as evidenced by Knight, with a reasonable expectation of success because it would provide adjustment to the upper body portion of the harness without having to adjust multiple buckles or strap portions.
Claim 2: Monahan discloses the fall-protection safety harness of claim 1 wherein no portion of the first ventral strap or the second ventral strap is aligned with the sagittal plane of the user and harness (Fig. 1; 110a/b once the harness is donned the straps would not be aligned with the sagittal plane of the user or harness, Para. [0064]).
Claim 4: Monahan discloses the fall-protection safety harness of claim 1 wherein the buckle portion comprises an at least generally vertically-elongate slot (Fig. 3A; 218a) that is oriented within plus or minus 20 degrees of a vertical axis of the harness and wherein the ventral strap exhibits the 180 degree twist as the ventral strap passes through the at least generally vertically-elongate slot of the buckle portion (see rejection of claim 1).
Claim 5: Monahan discloses the fall-protection safety harness of claim 4 but fails to disclose wherein a ratio of the elongate length of the at least generally vertically-elongate slot to a lateral width of the ventral strap that passes through the slot, is from 1.4 to 3.0.
While Monahan fails to specifically disclose a ratio between the slot and the strap of 1.4 to 3.0, the examiner asserts that the ratio would be commensurate with preventing binding of the strap in the slot by the ratio being too small or the strap bunching up if the ratio is too large. Thus, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to use a slot to strap ratio of 1.4 to 3.0 in order to ensure the strap slides easily without binding or bunching up when passing through the slot.
Claim 6: Monahan discloses the fall-protection safety harness of claim 4 wherein the ventral strap that exhibits the 180 degree twist as the ventral strap passes through the generally vertically-elongate slot of the buckle portion, comprises first and second strap sections that are in overlapping relation with each other, and further wherein at least a portion of the first and second strap sections that are in overlapping relation with each other are also in overlapping relation with an area of the buckle portion that partially defines the generally vertically-elongate slot of the buckle portion (Fig. 3A; 218a, Para. [0077]).
Claim 10: Monahan discloses the fall-protection safety harness of claim 1 wherein the first ventral strap and the first buckle portion that is mounted on the first ventral strap are configured so that the first ventral strap exhibits a 180 degree twist at the first buckle portion; and, where the second ventral strap (Fig. 1; 110b) and the second buckle portion (Fig. 2A; 204) that is mounted on the second ventral strap are configured so that the second ventral strap exhibits a 180 degree twist at the second buckle portion (see rejection of claim 1).
Claim 11: Monahan discloses the fall-protection safety harness of claim 10 wherein the first buckle portion comprises a first generally vertically-elongate slot (Fig. 3A; 218a) and wherein the first ventral strap exhibits the 180 degree twist as the first ventral strap passes through the first generally vertically-elongate slot of the first buckle portion (see rejection of claim 1); and, wherein the second buckle portion comprises a second generally vertically-elongate slot (Fig. 4A; 218b) and wherein the second ventral strap exhibits the 180 degree twist as the second ventral strap passes through the second generally vertically-elongate slot of the second buckle portion (see rejection of claim 1).
Claim 13: Monahan discloses the fall-protection safety harness of claim 1 wherein when the first and second buckle portions are detached from each other (Fig. 2C; Para. [0071]), the first buckle portion is slidably movable along the first ventral strap and the second buckle portion is slidably movable along the second ventral strap (Fig. 2C; Para. [0077]).
Claim 14: Monahan discloses the fall-protection safety harness of claim 1 wherein the first and second buckle portions are directly attached to each other by way of metal components (Para. [0071]) of the first and second buckle portions and wherein the first and second buckle portions are not directly attached or connected to each other by way of any flexible strap or webbing (Fig. 2A depicts the first and second buckle portions directly attached to each other without any flexible strap or webbing).
Claim 15: Monahan discloses the fall-protection safety harness of claim 1 wherein the first buckle portion comprises a base plate (Fig. 4B; 264) and a cover plate (Fig. 4B; 262) that are permanently attached to each other by multiple mechanical fasteners (Fig. 4B; 265), and wherein the base plate and the cover plate of the first buckle portion are configured to define a receiving cavity (Fig. 4B; 260) into which a catch (Fig. 3D; 238) of the second buckle portion can be received in order to attach the first and second buckle portions to each other (Para. [0086]), and wherein the base plate and the cover plate also define an opening (Fig. 4B; W) into which the catch (Fig. 3C; 246) of the first buckle portion can be inserted to reach the receiving cavity (Para. [0086]).
Claim 16: Monahan discloses the fall-protection safety harness of claim 15 wherein the first buckle portion comprises first and second pivotable latches (Fig. 4C; 270, Para. [0088]) that are pivotably mounted (Fig. 4C; via 265, Para. [0090]) to the base plate (Fig. 4B; 264) and/or to the cover plate (Fig. 4B; 262) and that are pivotably movable between a first, unlatched position that allows the catch of the second buckle portion to exit the receiving cavity of the first buckle portion to detach the first and second buckle portions from each other (Fig. 4C; Para. [0090]); and, a second, latched position that securely holds the catch of the second buckle portion within the receiving cavity of the first buckle portion and prevents the catch from being removed from the receiving cavity (Fig. 4C; Para. [0090]).
Claim 17: Monahan discloses the fall-protection safety harness of claim 16 wherein the first and second pivotable latches of the first buckle portion are biased by biasing members (Fig. 4C; via 272, Para. [0089]) toward the second, latched position, and wherein the first and second pivotable latches are configured so that the fingers of a user can overcome the biasing force of the biasing members and manually pivot the first and second latches from the second, latched position into the first, unlatched position by manipulating exposed ear portions (Fig. 4C; 278, Para. [0090-0091]) of the first and second pivotable latches.
Claim 18: Monahan discloses the fall-protection safety harness of claim 17 wherein the first and second pivotable latches of the first buckle portion are configured so that moving the first and second buckle portions toward each other in a transverse direction so that the catch of the second buckle portion enters the receiving cavity of the first buckle portion, causes a leading end of a head of the catch to impinge on contact surfaces of the first and second pivotable latches and overcomes the biasing force of the biasing members so as to urge the first and second pivotable latches to pivotably move to their second, unlatched position (Fig. 4C; Para. [0089-0091]).
Claim 19: Monahan discloses the fall-protection safety harness of claim 18 wherein the first and second pivotable latches of the first buckle portion are configured so that sufficient penetration of the catch of the second buckle portion into the receiving cavity of the first buckle portion causes the biasing force exerted by the biasing members to urge the first and second latches to automatically pivotably move into the second, latched position to securely hold the catch within the receiving cavity (Fig. 4C; Para. [0089-0091]).
Claim 21: Monahan discloses a method of donning the fall-protection safety harness of claim 1, the method comprising wrapping an upper portion of the safety harness about the shoulders and upper torso of the user in the manner of a jacket (Fig. 1, Para. [0060-0061]) and then attaching the first and second buckle portions to each other to form the ventral buckle (Fig. 2A; 202/204), wherein the method does not require any step of pulling the harness downward over the head and shoulders of the user in the manner of a pullover sweater (Fig. 1, Para. [0060-0061]).
Claim 22: Monahan discloses the fall-protection safety harness of claim 1 with the proviso that the first, right ventral strap and the second, left ventral strap are the only ventral straps present in the fall- protection safety harness (Fig. 1; 110a/b are the only ventral straps depicted).
Claims 7-9 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Monahan et al. (2020/0406072) hereinafter Monahan, or, in the alternative, under 35 U.S.C. 103 as obvious over Monahan et al. (2020/0406072) hereinafter Monahan, as evidenced by Knight (1,939,062), and further in view of Lang et al. (2006/0102423) hereinafter Lang.
Claim 7: Monahan discloses the fall-protection safety harness of claim 4 wherein the generally vertically- elongate slot is a substantially vertically-elongate slot that is oriented within plus or minus 10 degrees of a vertical axis of the harness (Fig. 2A; 218a); but fails to disclose and wherein the buckle portion that comprises the substantially vertically- elongate slot also comprises at least one auxiliary elongate slot that exhibits a long axis that is oriented at an angle of from 15 degrees to 60 degrees relative to the substantially vertically-elongate slot.
However, Lang discloses an auxiliary slot oriented at an angle (Fig. 2F; 212a).
Therefore, 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 buckle of Monahan to include the auxiliary slot, as taught by Lang, with a reasonable expectation of success because it would allow straps to be held at a desired angle making the harness more comfortable for a user.
Thus, in combination Monahan and Lang disclose the buckle portion, of Monahan, that comprises the substantially vertically- elongate slot, of Monahan, also comprises at least one auxiliary elongate slot, of Lang, that exhibits a long axis that is oriented at an angle of from 15 degrees to 60 degrees relative to the substantially vertically-elongate slot, of Monahan.
While Lang fails to specifically disclose the auxiliary slot being oriented at an angle of from 15 degrees to 60 degrees relative to vertical, the examiner asserts that the angle would be ideal for positioning the strap of the harness by preventing it from being positioned too close to the user’s neck or being positioned over the user’s shoulders. Thus, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to position a slot at an angle of from 15 degrees to 60 degrees relative to vertical allowing the strap to lay in a comfortable position for a user.
Claim 8: Monahan and Lang disclose the fall-protection safety harness of claim 7 wherein at least 80 percent of the elongate length of the at least one auxiliary elongate slot (Lang - Fig. 2F; 212a) is positioned transversely outward of all portions of the substantially vertically-elongate slot (Monahan- Fig. 3A; 218a).
Claim 9: Monahan and Lang disclose the fall-protection safety harness of claim 7 wherein the at least one auxiliary elongate slot is in the form of upper (Lang - Fig. 2F; 212a) and lower (Lang - Fig. 2F; 214a), oppositely-angled auxiliary elongate slots (Lang - Fig. 2F), each of the auxiliary elongate slots exhibiting a long axis that is oriented at an angle of from 15 degrees to 60 degrees relative to the substantially vertically-elongate slot (see the rejection of claim 7).
Claim 12: Monahan discloses the fall-protection safety harness of claim 11 wherein the first generally vertically-elongate slot of the first buckle portion is a first substantially vertically-elongate slot that is oriented within plus or minute 10 degrees of a vertical axis of the harness (Fig. 2A; 218a); and wherein the second generally vertically-elongate slot of the second buckle portion is a second substantially vertically-elongate slot that is oriented within plus or minute 10 degrees of a vertical axis of the harness (Fig. 4A; 218b), but fails to disclose wherein the first buckle portion comprises upper and lower, oppositely-angled auxiliary slots each exhibiting a long axis that is angled from 15 to 60 degrees relative to the first substantially vertically-elongate slot; and wherein the second buckle portion comprises upper and lower, oppositely-angled auxiliary slots each exhibiting a long axis that is angled from 15 to 60 degrees relative to the second substantially vertically-elongate slot.
However, Lang discloses auxiliary slots oriented at opposite angles (Fig. 2F; 212a and 214a).
Therefore, 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 buckle of Monahan to include the auxiliary slots, as taught by Lang, with a reasonable expectation of success because it would allow straps to be held at a desired angle making the harness more comfortable for a user.
Thus, in combination Monahan and Lang disclose the wherein the first buckle portion, of Monahan, comprises upper and lower, oppositely-angled auxiliary slots each exhibiting a long axis that is angled from 15 to 60 degrees, of Lang, relative to the first substantially vertically-elongate slot, of Monahan; and wherein the second buckle portion, of Monahan, comprises upper and lower, oppositely-angled auxiliary slots each exhibiting a long axis that is angled from 15 to 60 degrees, of Lang, relative to the second substantially vertically-elongate slot, of Monahan.
While Lang fails to specifically disclose the auxiliary slot being oriented at an angle of from 15 degrees to 60 degrees relative to vertical, the examiner asserts that the angle would be ideal for positioning the strap of the harness by preventing it from being positioned too close to the user’s neck or being positioned over the user’s shoulders. Thus, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to position a slot at an angle of from 15 degrees to 60 degrees relative to vertical allowing the strap to lay in a comfortable position for a user.
Response to Arguments
Applicant’s arguments with respect to claims 1-2, 4-19 and 21-22 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 Kathleen M. McFarland whose telephone number is (571)272-9139. The examiner can normally be reached Monday-Friday 8:00am-4:00pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Mattei can be reached at (571) 270-3238. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Kathleen M. McFarland/Examiner, Art Unit 3635
Kathleen M. McFarland
Examiner
Art Unit 3635
/BRIAN D MATTEI/Supervisory Patent Examiner, Art Unit 3635