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 22, 2026. The application has been updated accordingly.
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 1-6, 9-12, 18, 20 and 22-24 are rejected under 35 U.S.C. 103 as being unpatentable over Price (6,202,236).
Price discloses:
Claim 1: A sling assembly for supporting the knees of a person against a tree or pole while suspended in a climbing saddle or harness, the assembly comprising:
a sling (Fig. 5; 36) of flexible material having a front side (Fig. 5; 36 facing towards the wearer) and a back side (Fig. 5; 36 facing away from the wearer) and extending longitudinally between opposite first and second ends (Fig. 5; 36 extends longitudinally between 56 left and right);
a first strap assembly extending from the first end of the sling (Fig. 5; 32 extends from 36);
a second strap assembly separate from the first strap assembly and extending from the second end of the sling (Fig. 5; 17 is separate from 32 and extends from 36);
the first and second strap assemblies each having connectors for releasable attachment (Fig. 5; left and right segments of 42) to the saddle or harness (Fig. 5; 10);
at least the first strap assembly including at least one length adjuster to enable the person to selectively increase or decrease the effective length of the first strap assembly (Fig. 5; 50 left and right);
wherein the sling forms a closed loop with the saddle or harness wherein the strap assemblies extend along the thighs of the user and the front side of the sling wraps around the user's knees (Col. 4, Lines 21-27), and wherein the opposite back side of the sling is engageable with the tree or pole in a space between the user's knees and the sling is yieldable such that, under inward pressing of the tree or pole and outward pressing by the users weight, the sling flexes to form a serpentine M-shape defining laterally spaced convex knee pockets on the front side and a convex tree or pole pocket on the backside, thereby cradling the users knees in the knee pockets and receiving the tree or pole into the space between the user’s knees in the tree or pole pocket (Fig. 5; the sling is capable of engaging with a tree or pole in the space between the wearers knees and if the sling is engaged with a tree or pole in the space between the wearers knees an M shape would be created).
While Price fails to disclose the connectors of the first and second strap assemblies being releasably secured to the saddle or harness, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to use additional connectors to make the strap assemblies removeable from the harness, since it has been held that if it would be desirable to make a feature separable then it would be obvious to do so. The examiner contends it would be desirable to make strap assemblies removeable from the harness for many reasons such as, ease of storage or the ability to replace a damaged strap. See MPEP 2144.04(V)(C) – Making Separable.
Claim 2: Price discloses the sling assembly of claim 1, wherein the at least one length adjuster is operative to increase or decrease the length of the closed loop to accommodate the user and different size and shapes of trees or poles (Fig. 5; 50 left and right, Col. 5, Lines 64-66).
Claim 3: Price discloses the sling assembly of claim 1, wherein both straps have at least one length adjuster (Fig. 5; 50 left and right).
Claim 4: Price discloses the sling assembly of claim 3, wherein both straps have two length adjusters (Fig. 5; 50 left and right).
Claim 5: Price discloses the sling assembly of claim 4, wherein the at least two length adjusters comprise a slide buckles (Fig. 8; 50 left and right).
Claim 6: Price discloses the sling assembly of claim 5, wherein a first pair of slide buckles are secured to the first and second ends of the sling (Fig. 5; 50 left and right).
Claim 9: Price discloses the sling of claim 3, wherein the straps comprise webbing (Fig. 8; 17/32 is depicted as webbing).
Claim 10: Price discloses the sling assembly of claim 1, but fails to disclose wherein the sling has a length of 30 to 40 inches.
Claim 11: Price discloses the sling assembly of claim 10, but fails to disclose wherein the sling has a width of 4 to 8 inches.
Claim 12: Price discloses the sling assembly of claim 11, but fails to disclose wherein the strap assemblies have an adjustable length between 4 inches and 18 inches between shortest and longest adjustment lengths.
Regarding claims 10-12, while Price fails to specifically disclose a sling length of 30-40 inches, a width of 4 to 8 inches, and an adjustable length between 4 inches and 18 inches between shortest and longest adjustment lengths, the examiner asserts that the length and width measurements would provide optimal coverage commensurate with the leg size of an average person. Additionally, an adjustable length between 4 inches and 18 inches between shortest and longest adjustment lengths would provide the appropriate adjustment from an average user hip to knee length to provide optimal positioning of the sling for support. Thus, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to manufacture the sling in dimensions that would fit an average person.
Claim 18: Price discloses a method of supporting a person's knees while suspended in a tree or pole while wearing a saddle or harness, the method comprising:
connecting opposite ends of a knee sling (Fig. 5; 36) to the saddle or harness (Fig. 5; 10) to form a knee sling loop (Col. 4, Lines 21-27); and
positioning the knee sling loop to extend along the person's thighs and to wrap forward around the person's knees with the person spreading the knees to straddle the tree or pole so that the tree or pole is received in a space between the knees (Fig. 5; the sling is capable of engaging with a tree or pole in the space between the wearers knees and if the sling is engaged with a tree or pole in the space between the wearers knees an M shape would be created, Col. 4, Lines 21-27) such that when the person leans into the tree or pole, the knee sling engages the tree on a backside of the knee sling and supports the person's knees on a front side causing the knee sling to yield to form a serpentine M-shape defining laterally spaced convex knee pockets on the front side and a convex tree or pole pocket on the backside, thereby cradling the users knees in the knee pockets and receiving the tree or pole into the space between the user’s knees in the tree or pole pocket. (Fig. 5; the sling is capable of engaging with a tree or pole in the space between the wearers knees and if the sling is engaged with a tree or pole in the space between the wearers knees an M shape would be created).
Claim 20: Price discloses the method of claim 18, including increasing or decreasing the size of the sling loop to adjust for larger or smaller trees or poles or personal preference (Fig. 5; via adjustment of 38 through 42).
Claim 22: Price discloses the method of claim 18, including providing slide buckles (Fig. 5; 50 left and right) and straps (Fig. 8; 17/32) extending from opposite ends of the knee sling (Fig. 8; 17/32 extend from opposite ends of 36) and adjusting the effective length of the straps by sliding the straps through the slide buckles.
Claim 23: Price discloses a user support assembly, comprising: a saddle or harness (Fig. 5; 10) and a knee sling (Fig. 5; 36), wherein the saddle or harness is to be worn by a person when tethered to a tree or pole to suspend the person and wherein the knee sling is releasably attachable (Fig. 5; via 42) to the saddle or harness to extend forwardly along the person's thighs and to wrap about the person's knees (Col. 4, Lines 21-27) such that when the person leans the wrapped knee sling into the tree or pole with knees spaced, the knee sling flexes under the weight of the center force of the tree or pole to receive the tree or pole into a convex tree or pole pocket formed by the flexing of the knee sling on a backside of the sling extending into the space between the knees and the sling further conforms to form convex knee pockets on laterally opposite sides of the tree or pole for supporting the person's knees in straddled relation to the tree or pole (Fig. 5; the sling is capable of engaging with a tree or pole in the space between the wearers knees and would conform to form a convex shape).
Claim 24: Price discloses the assembly of claim 23, wherein the knee sling is adjustable in length (Fig. 5; via 42) to accommodate trees or poles of different diameter.
Claims 7-8, 21 and 25 are rejected under 35 U.S.C. 103 as being unpatentable over Price (6,202,236) in view of Power, II et al. (2022/0266072) hereinafter Power.
Claim 7: Price discloses the sling assembly of claim 6, but fails to disclose wherein a second pair of slide buckles are spaced from the first pair and comprise slide buckle G-hook connectors for releasable attachment to the saddle or harness.
However, Power discloses a second set of G-hook buckles (Fig. 1; 48 left and right).
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 straps of Price to include the G-hook buckles, as taught by Power, with a reasonable expectation of success because it would allow a quick method to releasably secure the straps to the harness.
Claim 8: Price and Power disclose the sling assembly of claim 7 wherein the slide buckles (Price - Fig. 5; 50 left and right) and slide buckle G-hook connectors (Power - Fig. 1; 48 left and right) enable independent length adjustment of each of the strap assemblies (once combined Price and Power would enable independent length adjustment of each strap).
Claim 21: Price discloses the method of claim 18, but fails to disclose including providing G-hooks on straps extending from opposite ends of the sling for releasable connection to loops provided on the saddle or harness.
However, Power discloses a second set of G-hook buckles (Fig. 1; 48 left and right).
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 straps of Price to include the G-hook buckles, as taught by Power, with a reasonable expectation of success because it would allow a quick method to releasably secure the straps to the harness.
Claim 25: Price discloses the assembly of claim 21, wherein the knee sling includes a pair of pull straps and sliders for selectively increasing and decreasing the operative length of the knee sling (Fig. 5; 50 left and right).
Claims 13-17 are rejected under 35 U.S.C. 103 as being unpatentable over Price (6,202,236) in view of Nance et al. (2020/0078615) hereinafter Nance.
Claim 13: Price discloses the sling assembly of claim 1, but fails to disclose wherein the sling has at least one layer made of mesh fabric.
However, Nance discloses the use of mesh fabric (Fig. 2A; 162).
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 sling of Price to include the mesh, as taught by Nance, with a reasonable expectation of success because it would provide breathability (Para. [0008]).
Claim 14: Price discloses the sling assembly of claim 13, but fails to disclose wherein the sling further includes a padding layer.
However, Nance discloses the use of a padding layer (Fig. 2A; 164).
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 sling of Price to include the padding layer, as taught by Nance, with a reasonable expectation of success because it would provide breathability while allowing added comfort (Para. [0008]).
Claim 15: Price discloses the sling assembly of claim 14, but fails to disclose wherein the sling further includes a second mesh layer and wherein the padding layer is disposed between the two mesh layers.
However, Nance discloses the use of a second mesh layer (Fig. 3A; 166).
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 sling of Price to include the second mesh layer, as taught by Nance, with a reasonable expectation of success because it would provide added strength (Para. [0008]).
Claim 16: Price and Nance disclose the sling assembly of claim 15 wherein the padding layer is perforated to permit airflow (Fig. 2A; 164 is depicted as perforated) through the two mesh layers and foam layer.
Claim 17: Price discloses the sling assembly of claim 15, but fails to disclose wherein the sling includes seam binding extending about a perimeter of the sling.
However, Nance discloses the seam binding (Fig. 2A; 169).
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 sling of Price to include the seam binding, as taught by Nance, with a reasonable expectation of success because it would provide added strength and prevent the layers from separating.
Response to Arguments
Applicant's arguments filed January 22, 2026 have been fully considered but they are not persuasive.
In response to applicant's argument that the primary reference of Price fails to expressly teach a sling assembly that engages a tree or pole where the sling flexes into an M-shape, 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. Here, the sling is capable of engaging with a tree or pole in the space between the wearers knees and if the sling is engaged with a tree or pole in the space between the wearers knees an M shape would be created when the wearer places weight against the tree or pole.
Additionally, applicant’s arguments with respect to claim 1, regarding the straps not being removably attached to the harness, the rejection has been modified to reflect that since it has been held that if it would be desirable to make a feature separable then it would be obvious to do so. The examiner contends it would be desirable to make strap assemblies removeable from the harness for many reasons such as, ease of storage or the ability to replace a damaged strap. See MPEP 2144.04(V)(C) – Making Separable.
For at least these reasons the 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.
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 /JESSICA L LAUX/Primary Examiner, Art Unit 3635
Kathleen M. McFarland
Examiner
Art Unit 3635
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