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 .
Claim Objections
Claim 1 is objected to because of the following informalities:
Claim 1 recites “engagable” in the final paragraph which should be corrected to engageable.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 16 and 20-25 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 16 recites the limitation “foam layer” which is unclear to the examiner as a foam layer has not previously been introduced. For the purpose of this Office Action the examiner assumes the applicant meant to recite the padded layer.
Claims 20-22 depend from “the method of claim 16” however, claim 16 is a device claim. For the purpose of this Office Action the examiner assumes the applicant meant for these claims to depend from claim 18.
Claim 23 does not depend from an independent claim but is not written in independent form. For the purpose of this Office Action the examiner assumes claim 23 depends from claim 22.
Claims 24-25 are rejected due to their dependency from a rejected claim.
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 1-6, 9, 18-20 and 22-24 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by 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 when the connectors of the first and second strap assemblies are releasably secured to the saddle or harness, 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 engagable with the tree or pole in a space between the user's knees to shape the sling under the weight of the user to form convex and laterally spaced knee pockets on the front side of the sling and a convex tree or pole pocket on the back side of the sling to receive the tree or pole into the space between the user's knees (Fig. 5; the sling is capable of engaging with a tree or pole in the space between the wearers knees).
Claim 2: 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: The sling assembly of claim 1, wherein both straps have at least one length adjuster (Fig. 5; 50 left and right).
Claim 4: The sling assembly of claim 3, wherein both straps have two length adjusters (Fig. 5; 50 left and right).
Claim 5: 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: 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: The sling of claim 3, wherein the straps comprise webbing (Fig. 8; 17/32 is depicted as webbing).
Claim 18: 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 (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 (Fig. 5; the sling is capable of engaging with a tree or pole in the space between the wearers knees).
Claim 19: The method of claim 18, including spreading the person's knees to straddle the tree or pole and to conform the sling loop into an M shape with convex knee pockets on laterally opposite sides of the tree or pole on the front side of the knee sling to support the person's knees and a convex tree or pole pocket on the back side of the knee sling projecting into a space between the person's knees to receive the tree or pole (Fig. 5; 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 as best understood by the examiner: The method of claim 16, 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 as best understood by the examiner: The method of claim 16, 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 as best understood by the examiner: In combination: 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 to receive the tree or pole 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: The combination of claim 20, wherein the knee sling is adjustable in length (Fig. 5; via 42) to accommodate trees or poles of different diameter.
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 10-12 are rejected under 35 U.S.C. 103 as being unpatentable over Price (6,202,236).
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.
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 as best understood by the examiner: Price discloses the method of claim 16, 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 combination 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 as best understood by the examiner: 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.
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.
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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
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