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 January 2, 2026. The application has been updated accordingly.
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 (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 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 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mosetti (WO 2017/207137).
Mosetti discloses:
Claim 1: A safety mechanism for a climbing system, the safety mechanism comprising,
a bottom mounting bracket (Fig. 3; 6) configured to be operatively connected to a fixed guide member (Fig. 3; 2’), the fixed guide member defining a guide path configured to enable shuttle (Fig. 2; 10) movement along the fixed guide member; and
a safety arm (Fig. 4; assembly of 8/20/21) coupled to the bottom mounting bracket such that the safety arm is configured to prevent shuttle access to an upper end of the fixed guide member in an instance wherein an extension guide member (Fig. 3; 2) is not secured in an installed configuration relative to the fixed guide member (Para. [0121-0123]);
wherein the safety arm is selectively configurable to move to an open position (Figs. 5-6; depict the assembly of 8/20/21 being moved to the open position) defined at least in part by the safety arm engaging an exterior lateral surface of the extension guide member (Figs. 6; depicts 21 engaging an exterior lateral surface of 2) to secure the extension guide member in the installed configuration (Fig. 6; assembly of 8/20/21, Para. [0125-0127]); and
wherein the safety mechanism is configured such that the safety arm being engaged with the extension guide member in the open position enables shuttle access to the extension guide member via the guide path (Para. [0099]).
Claim 2: The safety mechanism of claim 1, wherein the safety arm is configured for movement between the open position (Fig. 6; assembly of 8/20/21) and a closed position (Fig. 5; assembly of 8/20/21), wherein the closed position of the safety arm is defined at least in part by the safety arm being arranged relative to the fixed guide member such that at least a portion of the safety arm embodies a physical obstacle positioned at along the guide path in order to at least partially restrict a range of motion defined by the shuttle (Fig. 5; assembly of 8/20/21).
Claim 3: The safety mechanism of claim 2, wherein the safety arm being positioned in the open position is further defined by a distal end of the safety arm physically engaging a connection feature provided at the exterior lateral surface of the extension guide member (Fig. 6; when 21 is in the open position 8/20 are forced inward and engage groove 18 depicted in Fig. 4, Para. [0113-0115]).
Claim 4: The safety mechanism of claim 2, wherein the safety arm further comprises a first arm portion (Fig. 3; 21) configured for engagement with the bottom mounting bracket (Fig. 3; where 21 connect with 6).
Claim 5: The safety mechanism of claim 4, wherein the safety arm further comprises: a second arm (Fig. 4; 8) portion fixed relative to the first arm portion and defined at least in part by a distal end of the safety arm, the second arm portion being configured to restrict shuttle movement along the guide path when the safety arm is arranged in the closed position and engage the extension guide member when the safety arm is in the open position (Para. [0121-0123]).
Claim 6: The safety mechanism of claim 1, wherein the bottom mounting bracket is configured to limit the range of motion of the safety arm (Figs. 5-6; via the position of 21).
Claim 7: The safety mechanism of claim 1, further comprising a top mounting bracket (Fig. 3; 7’) configured to be mounted to the extension guide member (Fig. 3; 2).
Claim 8: The safety mechanism of claim 7, wherein the extension guide member defines at least a connection feature (Fig. 3; 18) configured to receive and secure at least a portion of the safety arm to secure the safety arm in the open position (Fig. 6; when 21 is in the open position 8/20 are forced inward and engage groove 18 depicted in Fig. 4, Para. [0113-0115]), wherein the top mounting bracket is configured to engage at least a portion of the bottom mounting bracket when the extension guide member is secured in the installed configuration (Fig. 3; 17 engages 19).
Claim 9: The safety mechanism of claim 8, wherein the connection feature is defined by an orifice (Fig. 3; groove 18) configured to receive the safety arm in the open position and at least partially restrict the safety arm from moving in one or more directions relative to the extension guide rail (Para. [0113-0115]).
Claim 10: The safety mechanism of claim 1, further comprising a spring (Fig. 7; 23), wherein the spring configured to bias the safety arm towards a closed position (Para. [0130-0132]).
Claim 11: The safety mechanism of claim 10, wherein the spring is configured to apply a bias force that opposes a movement of the safety arm from the closed position to the open position (Para. [0130-0132]).
Claim 12: The safety mechanism of claim 11, wherein the bias force generated by the spring is defined at least in part by a linear bias force (Fig. 7; the upward force of 23, Para. [0130-0132]).
Claim 13: The safety mechanism of claim 12, wherein the bias force generated by the spring is defined at least in part by a rotational bias force (Fig. 7; 23 biases 8/20 which are controlled by the rotational movement of 21, therefore the spring is defined at least in part by a rotational bias force).
Claim 14: The safety mechanism of claim 1, wherein the safety arm further comprises at least one pin (Fig. 3; see detail) configured to prevent the safety arm from over rotating in a vertical direction.
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Claim 15: The safety mechanism of claim 14, wherein the pin is configured to physically abut at one or more surfaces of the bottom mounting bracket to restrict a range of motion of the safety arm relative to the bottom mounting bracket (Fig. 4; the pin abuts the aperture surfaces of 6 where it connects 21 and acts to restrict the movement of 8/20 when 21 is moved).
Claim 16: The safety mechanism of claim 1, wherein the safety arm is configured to rotate about a central axis defined by a first arm portion engaged with the bottom mounting bracket (Fig. 3; axis of rotation created by the rotation around the pin).
Claim 17: The safety mechanism of claim 1, wherein the safety arm is configured to move in a plurality of directions relative to the bottom mounting bracket (Figs. 5-6; 8/20 is depicted as moving inward and outward relative to 6).
Claim 18: The safety mechanism of claim 17, wherein the safety arm is configured for linear movement (Fig. 4-5; movement of 8/20) and rotational movement (Fig. 4-5; movement of 21) relative to the bottom mounting bracket.
Claim 19: The safety mechanism of claim 18, wherein the safety arm is configured to rotate throughout a range of motion (Fig. 4-5; movement of 8/20 and 21) defined at least in part by the pin of the safety arm, wherein the pin is configured to prevent the safety arm from over rotation in one or more of a first rotational direction and a second rotational direction (Fig. 4; the pin acts to restrict the movement of 8/20 when 21 is moved).
Claim 20: The safety mechanism of claim 1, wherein the safety arm comprises, a rigid material configured to withstand the forces applied while in the open position (Fig. 7; elements depicted in the cross-sectional view are identified with crosshatch lines which represent metal).
Response to Arguments
Applicant’s arguments with respect to claims 1-20 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
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 Kathleen M. McFarland whose telephone number is (571)272-9139. The examiner can normally be reached Monday-Friday 8:00am-4:00pm.
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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
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