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 15, 2026. The application has been updated accordingly.
Drawings
The amendment to the specification regarding the drawings was received on January 15, 2026. The objection to the drawings is withdrawn.
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, 3 and 5-7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wolner et al. (2005/0067221) hereinafter Wolner.
Wolner discloses:
Claim 1: Adjustable padding for a safety harness including a first shoulder strap (Fig. 8; 325a) and a second shoulder strap (Fig. 8; 326a), comprising:
a base pad portion (Fig. 8; 305);
a first shoulder pad portion (Fig. 8; 301) extending from a first side of the base pad portion;
a second shoulder pad portion (Fig. 8; 302) extending from a second side of the base pad portion;
a first extension portion (Fig. 8; 338 left) selectively operatively connected to the first shoulder pad portion in a desired one of at least two positions via a first releasable fastener (Fig. 8; Para. [0046]);
a second extension portion (Fig. 8; 338 right) selectively operatively connected to the second shoulder pad portion in a desired one of at least two positions via a second releasable fastener (Fig. 8; Para. [0046]);
wherein the first shoulder pad portion is configured and arranged to receive a portion of the first extension portion and a portion of the first shoulder strap of the safety harness (Fig. 8; 338 left is received by segment 308a of 301 and 325a is received within 301); and
wherein the second shoulder pad portion is configured and arranged to receive a portion of the second extension portion and a portion of the second shoulder strap of the safety harness (Fig. 8; 338 right is received by the matching segment of 308a on 302 and 326a is received within 302).
Claim 3: The adjustable padding of claim 1, further comprising a first tether operatively connecting the first extension portion to the first shoulder pad portion and a second tether operatively connecting the second extension portion to the second shoulder pad portion (Fig. 8; via the hook and loop section of 308a left and right, Para. [0046]).
Claim 5: The adjustable padding of claim 3, wherein the first and second tethers (Fig. 8; via the hook and loop section of 308a left and right) are secured by a first end to the shoulder pad and a second end secured to the extension portion (Fig. 8).
Claim 6: The adjustable padding of claim 1, wherein the first and second releasable fasteners are selected from the group consisting of snaps and hook and loop fasteners (Fig. 10-11; Para. [0048]).
Claim 7: The adjustable padding of claim 1, wherein the first and second sides are on opposing sides of the base pad portion (Fig. 8; 301 and 302 are on opposing sides of 305) and the base pad portion includes a dorsal pad portion (Fig. 8; 328) configured and arranged to receive a dorsal D-ring (Fig. 8; 329) of the safety harness.
Claims 8-9, 11, 13 and 22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Blondeau et al. (2018/0369621) hereinafter Blondeau.
Blondeau discloses:
Claim 8: Adjustable padding for a safety harness, comprising:
a base waist pad portion (Fig. 1; 8);
a first side pad portion (Fig. 1; 7) selectively operatively connected to a first side of the base waist pad portion in a desired one of at least two positions (Fig. 7; 3 positions depicted) via a first releasable fastener (Fig. 8; via 14b right side); and
a second side pad portion (Fig. 1; 10) selectively operatively connected to a second side of the base waist pad portion in a desired one of at least two positions (Fig. 7; 3 positions depicted) via a second releasable fastener (Fig. 8; via 14b left side);
wherein at least a portion of each of the first side pad portion and the second side pad portion includes at least two sizing indicators (Fig. 7; via the positioning of 13a right and left from 11) configured and arranged to provide selective adjustment of the adjustable padding to one of at least two sizes (Fig. 7; Para. [0045]), wherein each of the first releasable fastener and the second releasable fastener include the at least two sizing indicators (Fig. 7; via the positioning of 14a right and left from 14b).
Claim 9: The adjustable padding of claim 8, wherein the first side of the base waist pad portion includes a first channel configured and arranged to slidably receive a portion of the first side pad portion (Fig. 8; 14a on the right side, Para. [0070]), and wherein the second side of the base waist pad portion includes a second channel configured and arranged to slidably receive a portion of the second side pad portion (Fig. 8; 14a on the left side, Para. [0070]).
Claim 11: The adjustable padding of claim 8, wherein the at least two sizing indicators are stitching (Fig. 7; 11, Para. [0059]).
Claim 13: The adjustable padding of claim 8, wherein the first and second side pad portions are configured and arranged to be disconnected from the base waist pad portion (Fig. 7; by sliding 7 and 10 towards and away from 8).
Claim 22: Adjustable padding for a safety harness, comprising:
a base waist pad portion (Fig. 1; 8);
a first side pad portion (Fig. 1; 7) selectively operatively connected to a first side of the base waist pad portion in a desired one of at least two positions (Fig. 7; 3 positions depicted) via a first releasable fastener (Fig. 8; via 14b right side);
a second side pad portion (Fig. 1; 10) selectively operatively connected to a second side of the base waist pad portion in a desired one of at least two positions (Fig. 7; 3 positions depicted) via a second releasable fastener (Fig. 8; via 14b left side);
wherein at least a portion of each of the first side pad portion and the second side pad portion includes at least two sizing indicators (Fig. 7; via the positioning of 13a right and left from 11) configured and arranged to provide selective adjustment of the adjustable padding to one of at least two sizes (Fig. 7; Para. [0045]); and
wherein at least one of the base waist pad portion, the first side pad portion, and the second side pad portion includes a harness webbing connector (Fig. 7; 15) extending outward therefrom configured and arranged to be operatively connected to a portion of the safety harness (Fig. 7; 15 is depicted as connected to 7 and 10).
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.
Claim 23 is rejected under 35 U.S.C. 103 as being unpatentable over Blondeau et al. (2018/0369621) hereinafter Blondeau.
Claim 23: Blondeau discloses the adjustable padding of claim 22, but fails to disclose wherein the harness webbing connector is a segment of webbing interconnecting the safety harness and the adjustable padding.
While Blondeau fails to specify the use of webbing for segment 15, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, as an obvious matter of design choice to a person of ordinary skill in the art to use webbing because applicant has not disclosed that using webbing provides an advantage, is used for a particular purpose, or solves a stated problem. One of ordinary skill in the art, furthermore, would have expected Blondeau’s material, and applicant's invention to perform equally well with either the material taught by Blondeau or the claimed webbing because both materials would perform the same function of strength equally well.
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 harness connector of Blondeau to be made of webbing, with a reasonable expectation of success because it is a readily available material often used in the production of harnesses.
Claims 10 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Blondeau et al. (2018/0369621) hereinafter Blondeau, in view of Mosley (2007/0251965).
Claim 10: Blondeau discloses the adjustable padding of claim 9, but fails to disclose wherein the first and second releasable fasteners are hook and loop fasteners, the base waist pad portion including one of hook or loop portions of the hook and loop fasteners and the first and second side pad portions including another of the hook or loop portions of the hook and loop fasteners.
However, Mosley discloses hook and loop fasteners for attaching the pad portions (Fig. 7B; 276, Para. [0065]).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to replace the fasteners of Blondeau with the hook-and-loop fasteners, as taught by Mosley, with a reasonable expectation of success because it would allow for ease of removing the pad portions and repositioning or removal for cleaning or replacement.
Claim 12: Blondeau discloses the adjustable padding of claim 11, but fails to disclose wherein the first and second side pad portions include the loop portions of the hook and loop fasteners and the stitching is positioned on the loop portions.
However, Mosley discloses hook and loop fasteners for attaching the pad portions (Fig. 7B; 276, Para. [0065]).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to replace the fasteners of Blondeau with the hook-and-loop fasteners, as taught by Mosley, with a reasonable expectation of success because it would allow for ease of removing the pad portions and repositioning or removal for cleaning or replacement.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Johnsson et al. (2018/0008031) hereinafter Johnsson, in view of Blondeau et al. (2018/0369621) hereinafter Blondeau.
Johnsson discloses:
Claim 14: An adjustable safety harness, comprising:
a first shoulder strap (Fig. 1; 16) and a second shoulder strap (Fig. 1; 18);
a waist strap (Fig. 1; 28);
a shoulder pad assembly (Fig. 1; 4 left and right), comprising:
a base pad portion (Fig. 1; 6);
a first shoulder pad portion extending from a first side of the base pad portion (Fig. 1; 4 left extends from 6) configured and arranged to engage the first shoulder strap (Fig. 1; 16);
a second shoulder pad portion extending from a second side of the base pad portion (Fig. 1; 4 right extends from 6) configured and arranged to engage the second shoulder strap (Fig. 1; 16);
a first extension portion (Fig. 1; see detail) selectively operatively connected to the first shoulder pad portion in a desired one of at least two positions (Fig. 1; by adjusting 20, Para. [0081]) via a first releasable fastener (Fig. 1; 8); and
a second extension portion (Fig. 1; see detail) selectively operatively connected to the second shoulder pad portion in a desired one of at least two positions (Fig. 1; by adjusting 24, Para. [0081]) via a second releasable fastener (Fig. 1; 10);
a waist pad assembly (Fig. 1; 2), comprising:
a base waist pad portion (Fig. 1; see detail);
a first side pad portion (Fig. 2; 54 left) selectively operatively connected to a first side of the base waist pad portion in a desired one of at least two positions via a first releasable fastener (Fig. 1; 30); and
a second side pad portion (Fig. 2; 54 right) selectively operatively connected to a second side of the base waist pad portion in a desired one of at least two positions via a second releasable fastener (Fig. 1; 30’);
wherein the base waist pad portion and the first and second side pad portions are configured and arranged to engage the waist strap (Fig. 1; Para. [0078 & 0082]);
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but fails to disclose wherein at least a portion of each of the first side pad portion and the second side pad portion includes at least two sizing indicators configured and arranged to provide selective adjustment of the adjustable padding to one of at least two sizes.
However, Blondeau discloses wherein at least a portion of each of the first side pad portion and the second side pad portion includes at least two sizing indicators (Fig. 7; via the positioning of 13a right and left from 11) configured and arranged to provide selective adjustment of the adjustable padding to one of at least two sizes (Fig. 7; Para. [0045]).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to replace the waist belt of Johnsson with the waist belt, as taught by Blondeau, with a reasonable expectation of success because it would provide an easily adjustable harness waist belt resulting in improved comfort (Para. [0008]).
Claims 15-17 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Johnsson et al. (2018/0008031) hereinafter Johnsson, in view of Blondeau et al. (2018/0369621) hereinafter Blondeau, and further in view of Wolner et al. (2005/0067221) hereinafter Wolner.
Claim 15: Johnsson and Blondeau disclose the adjustable safety harness of claim 14, but fail to disclose wherein distal ends of the first and second shoulder pad portions include respective first and second channels configured and arranged to slidably receive portions of the respective first and second extension portions.
However, Wolner discloses wherein distal ends of the first and second shoulder pad portions include respective first and second channels configured and arranged to slidably receive portions of the respective first and second extension portions (Fig. 8; via 310 left and right sides, Para. [0045]).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to replace the shoulder pad assembly of Johnsson with the shoulder pad assembly, as taught by Wolner, with a reasonable expectation of success because it would allow for removable padding that is adjustable for comfort of the user (Abstract).
Claim 16: Johnsson and Blondeau disclose the adjustable safety harness of claim 14, but fails to disclose further comprising a first tether operatively connecting the first extension portion to the first shoulder pad portion and a second tether operatively connecting the second extension portion to the second shoulder pad portion.
However, Wolner discloses a first tether operatively connecting the first extension portion to the first shoulder pad portion and a second tether operatively connecting the second extension portion to the second shoulder pad portion (Fig. 8; 338 left and right, Para. [0046]).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to replace the shoulder pad assembly of Johnsson with the shoulder pad assembly, as taught by Wolner, with a reasonable expectation of success because it would allow for removable padding that is adjustable for comfort of the user (Abstract).
Claim 17: Wolner discloses the adjustable safety harness of claim 16, wherein distal ends of the first and second shoulder pad portions include respective first and second channels configured and arranged to slidably receive portions of the respective first and second extension portions, wherein each of the first and second tethers has a first end secured to the shoulder pad and a second end secured to the extension portion, and wherein the first and second tethers are contained within the respective first and second channels (Fig. 8; 325a/326a via 310 left and right sides, Para. [0045]).
Claim 19: Blondeau discloses the adjustable safety harness of claim 14, wherein the at least two sizing indicators are stitching (Fig. 7; 11, Para. [0059]).
Claims 18 and 20-21 are rejected under 35 U.S.C. 103 as being unpatentable over Johnsson et al. (2018/0008031) hereinafter Johnsson, in view of Blondeau et al. (2018/0369621) hereinafter Blondeau, and further in view of Wolner et al. (2005/0067221) hereinafter Wolner, and still further in view of Mosley (2007/0251965).
Claim 18: Blondeau discloses the adjustable safety harness of claim 14, wherein the first side of the base waist pad portion (Fig. 1; 8) includes a first channel configured and arranged to slidably receive a portion of the first side pad portion (Fig. 8; 14a on the right side, Para. [0070]), wherein the second side of the base waist pad portion includes a second channel configured and arranged to slidably receive a portion of the second side pad portion (Fig. 8; 14a on the left side, Para. [0070]), but fails to disclose wherein the first and second releasable fasteners are hook and loop fasteners, the base waist pad portion including one of hook or loop portions of the hook and loop fasteners and the first and second side pad portions including another of the hook or loop portions of the hook and loop fasteners.
However, Mosley discloses hook and loop fasteners for attaching the pad portions (Fig. 7B; 276, Para. [0065]).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to replace the fasteners of Blondeau with the hook-and-loop fasteners, as taught by Mosley, with a reasonable expectation of success because it would allow for ease of removing the pad portions and repositioning or removal for cleaning or replacement.
Claim 20: Blondeau discloses the adjustable safety harness of claim 19, but fails to disclose wherein the first and second releasable fasteners are hook and loop fasteners, wherein the first and second side pad portions include loop portions of the hook and loop fasteners and the stitching is positioned on the loop portions.
However, Mosley discloses hook and loop fasteners for attaching the pad portions (Fig. 7B; 276, Para. [0065]).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to replace the fasteners of Blondeau with the hook-and-loop fasteners, as taught by Mosley, with a reasonable expectation of success because it would allow for ease of removing the pad portions and repositioning or removal for cleaning or replacement.
Claim 21: Blondeau discloses the adjustable safety harness of claim 14, wherein the first and second side pad portions are configured and arranged to be disconnected from the base waist pad portion (Fig. 7; by sliding 7 and 10 towards and away from 8).
Allowable Subject Matter
Claims 2 and 4 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.
Claim 2 is considered allowable due to the recitation of “the first and second shoulder pad portions include respective first and second channels configured and arranged to slidably receive portions of the respective first and second extension portions”
Claim 4 is considered allowable due to the recitation of “the first and second channels configured and arranged to slidably receive portions of the respective first and second extension portions, and wherein the first and second tethers are contained within the respective first and second channels”
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 any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant’s arguments filed January 15, 2026 have been fully considered but they are not persuasive.
With respect to the prior art rejections, applicant argues that the primary reference of Blondeau fails to disclose two sizing indicators, because the positioning of Wolner’s 13a relative to 11 is not visible and, therefore, cannot act as sizing indicators. This argument is not persuasive because these features would be visible to the wearer as they are located near the edge of 8 as shown in Fig. 1 and could be seen when the user looks to either side of the hip area. Additionally, the applicant argues that the features of 13a/14a are illustrated in phantom lines, indicating they are hidden from view. While Fig. 8 does depict a phantom line illustration of 13a/14a it appears to merely be illustrating that 6 is passing over the top surface of 13a/14a and not that it is completely hidden from view since 13a/14a is clearly visible in Fig. 7.
Lastly, regarding the rejection of claim 14, the applicant argues that Johnsson fails to disclose first and second extensions because the annotated elements in Fig. 1 are extensions of elements 20 and 24 routed through retaining elements 22 and 26 to adjust shoulder belts 16 and/or 18 and therefore, are part of the shoulder belts and not part of the shoulder pad assembly as claimed. This argument is not persuasive because the annotated elements are attached to features 22 and 26 which are, in turn, attached to the shoulder pads (4) therefore, these features are part of the shoulder pad assembly, as are the shoulder straps since they are all connected.
For at least these reasons applicant’s remarks are not found persuasive and the claims remain rejected as advanced above.
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
/JESSICA L LAUX/Primary Examiner, Art Unit 3635
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