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
Claims 1-3, 9, 10-13, 19 and 20 are objected to because of the following informalities:
Claim 1 lines 5-6 recites “the connecting pin is configured to rotate by at least five degrees in relation to the absorber when the absorber is in the deformed state”; the objection to this language arises because the rotation appears to occur as the transition happens between the non-deformed state and the deformed state; however, once in the deformed stated what other rotations is there to be ensued? The same issue similarly applies to independent claim 11.
Claim 2 recites “the connecting pin is configured to rotate in relation to the absorber by less than five degrees when the absorber is in the non- deformed state”; this language is objected to because there appears to be no rotation i.e., zero degrees of rotation per the presence of locking feature 214 as illustrated in figures 3 and 5 of the current invention. The same issue similarly applies to claim 12.
Claim 3 recites “transition from a non-deformed state to a deformed state”; these states are the same states established in claim 1 from which claim 3 depends, hence there is no need to re-establish antecedent basis for them. The same issue similarly applies to claims 8, 13 and 18.
Claim 9 recites the limitation “the bendable member”; there is lack of antecedent basis for this limitation in the claims, since “a bendable member” is introduced in claim 8 but claim 9 depends from claim 7. The same issue similarly applies to claims 10, 19 and 20.
Claim 10 recites the limitation “the locking surface”; there is lack of antecedent basis for this limitation in the claims, since “a locking surface” is introduced in claim 9 but claim 10 depends from claim 7. The same issue similarly applies to claim 20.
The objected language above will be interpreted/examined in a manner similar to what is disclosed in the application.
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 9 and 19 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 9 recites “the bendable member comprises a locking surface that prevents the connecting pin from rotating”; indefiniteness arises because the claimed locking surface is identified in the specification as being surface 213 shown in figures 5-9, which is an outer surface that is indeed parallel to the contact surface 234 of connecting pin 230; however, it is not clear how surface 213 prevents the connecting pin from rotating in relation to the absorber. Instead, it appears that the inner surfaces of the bendable member 215 that surrounds the locking feature 214 are what actually prevents the connecting pin from rotating in relation to the absorber. The same issue similarly applies to claim 19.
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 and 8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Casebolt, US (2014/0020988).
In regards to claim 1 Casebolt discloses:
An absorber assembly (400 including 404/118/122; figs. 2, 10A) for a fall protection system, the absorber assembly comprising:
an absorber (404) configured be in a non-deformed state and a deformed state (before and after 404 is straightened as described in paragraph [0082]; see highlighted excerpt below);
a connecting pin (118; figs. 1, 2) coupled to the absorber (404 via 120; as shown in figs. 1, 2); and
a swivel (swivel connector 122) that is coupled to the connecting pin (118; as shown in figs. 1, 2),
wherein the connecting pin (118) is configured to rotate by at least five degrees in relation to the absorber when the absorber is in the deformed state {per the design of the absorber 404 (as shown in fig. 1), when the first curved leg carrying pin 118 (see annotated drawings below) straightens during a fall it will rotate clockwise with respect to the second curved leg by at least five degrees during the straightening, and in the same manner as in the current invention}.
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In regards to claim 2 Casebolt discloses the connecting pin is configured to rotate in relation to the absorber by less than five degrees when the absorber is in the non- deformed state (before the “force is great enough during the fall event” is applied; as described in highlighted excerpt of paragraph [0082[ above).
In regards to claim 3 Casebolt discloses the absorber is configured to transition from a non-deformed state to a deformed state during a fall event (before and after the straightening of the absorber 404; as described in highlighted excerpt of paragraph [0082[ above).
In regards to claim 4 Casebolt discloses a fastener (120) that is configured to couple the connecting pin to the absorber.
In regards to claim 5 Casebolt discloses the swivel is rotatably coupled to the connecting pin (as described in the connection between 118 and 122; in paragraph [0078]; see highlighted excerpt below).
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In regards to claim 6 Casebolt discloses the connecting pin defines a pivot axis (axis passing through longitudinal length of 120; see annotated drawings) and a swivel axis (passing through length of 118; see annotated drawings) that is orthogonal to the pivot axis (see fig. 1 and annotated drawings), wherein the swivel is configured to rotate on the swivel axis (as described in the connection between 118 and 122; in paragraph [0078]; see highlighted excerpt above) and the connecting pin is configured to rotate by at least five degrees in relation to the absorber on the pivot axis when the absorber is in the deformed state {per the design of the absorber 404 (as shown in fig. 1), when the first curved leg carrying pin 118 (see annotated drawings below) straightens during a fall it will rotate clockwise with respect to the second curved leg by at least five degrees during the straightening, and in the same manner as in the current invention}.
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In regards to claim 8 Casebolt discloses the absorber comprises a bendable member (second end portion 110c of arm spring 110) that is configured to bend away from the connecting pin as the absorber transitions from a non-deformed state to a deformed state (when moved to unlocked position; as described in paragraph [0075]).
Claims 11-16 and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Casebolt, US (2014/0020988).
In regards to claim 11 Casebolt discloses:
A fall protection system (100) comprising:
a shuttle (200); and
an absorber assembly (400 including 404/118/122; figs. 2, 10A) coupled to the shuttle (as shown in figs. 1, 2), the absorber assembly comprising:
an absorber (404) configured be in a non-deformed state and a deformed state (before and after 404 is straightened as described in paragraph [0082]; see highlighted excerpt below);
a connecting pin (118; figs. 1, 2) coupled to the absorber (404 via 120; as shown in figs. 1, 2); and
a swivel (swivel connector 122) that is coupled to the connecting pin (118; as shown in figs. 1, 2),
wherein the connecting pin (118) is configured to rotate by at least five degrees in relation to the absorber when the absorber is in the deformed state {per the design of the absorber 404 (as shown in fig. 1), when the first curved leg carrying pin 118 (see annotated drawings below) straightens during a fall it will rotate clockwise with respect to the second curved leg by at least five degrees during the straightening, and in the same manner as in the current invention}.
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In regards to claim 12 Casebolt discloses the connecting pin is configured to rotate in relation to the absorber by less than five degrees when the absorber is in the non- deformed state (before the “force is great enough during the fall event” is applied; as described in highlighted excerpt of paragraph [0082[ above).
In regards to claim 13 Casebolt discloses the absorber is configured to transition from a non-deformed state to a deformed state during a fall event (before and after the straightening of the absorber 404; as described in highlighted excerpt of paragraph [0082[ above).
In regards to claim 14 Casebolt discloses a fastener (120) that is configured to couple the connecting pin to the absorber.
In regards to claim 15 Casebolt discloses the swivel is rotatably coupled to the connecting pin (as described in the connection between 118 and 122; in paragraph [0078]; see highlighted excerpt below).
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In regards to claim 16 Casebolt discloses the connecting pin defines a pivot axis (axis passing through longitudinal length of 120; see annotated drawings) and a swivel axis (passing through length of 118; see annotated drawings) that is orthogonal to the pivot axis (see fig. 1 and annotated drawings), wherein the swivel is configured to rotate on the swivel axis (as described in the connection between 118 and 122; in paragraph [0078]; see highlighted excerpt above) and the connecting pin is configured to rotate by at least five degrees in relation to the absorber on the pivot axis when the absorber is in the deformed state {per the design of the absorber 404 (as shown in fig. 1), when the first curved leg carrying pin 118 (see annotated drawings below) straightens during a fall it will rotate clockwise with respect to the second curved leg by at least five degrees during the straightening, and in the same manner as in the current invention}.
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In regards to claim 18 Casebolt discloses the absorber comprises a bendable member (second end portion 110c of arm spring 110) that is configured to bend away from the connecting pin as the absorber transitions from a non-deformed state to a deformed state (when moved to unlocked position; as described in paragraph [0075]).
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 7, 9-10, 17 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Casebolt as applied to claims 1 and 11 above respectively, and further in view of Marak, US (2021/0128955).
In regards to claims 7 and 17 Casebolt discloses the absorber comprises: a first cut (see annotated drawing below) and a second cut (see annotated drawing below) that each extend through a thickness of the absorber (as shown in fig. 1 and annotated drawing below); an attachment portion (see annotated drawing below) defined between the first cut and the second cut (as shown in fig. 1 and annotated drawing below).
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In regards to claims 7 and 17 Casebolt does not disclose a locking feature extending from the attachment portion.
Marak teaches the absorber comprises: a first cut (see annotated drawing below) and a second cut (see annotated drawing below) that each extend through a thickness of the absorber; an attachment portion (see annotated drawing below) defined between the first cut and the second cut (as shown in annotated fig. 2A below); and a locking feature (230) extending from the attachment portion.
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Therefore, before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to utilize the locking feature taught by Marak to extend from the attachment portion of Casebolt and engage an inner wall of one of the cuts in the same manner taught by Marak, for the predictable result with reasonable expectation of success i.e., to provide for the advantage as motivated by Marak i.e. “to hold the shock absorber together during typical operation” as described in paragraph [0047]; Marak, see highlighted excerpt below.
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In regards to claims 9 and 19 Casebolt discloses the bendable member comprises a locking surface (surface of 110c) that prevents the connecting pin from rotating in relation to the absorber by more than five degrees when the absorber is in the non-deformed state (“assert a biasing force on the locking arm 400 in a locked position”; as described in paragraph [0075]; see highlighted excerpt below).
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In regards to claims 10 and 20 Casebolt discloses the connecting pin comprises a contact surface (inner surface of spaced arms 118a and 118b; see annotated drawings below) that extends substantially parallel to the locking surface (outer side surface of ring through which is passage 406; see annotated drawings below) of the bendable member (first curved lag; see annotated drawings below), wherein the contact surface makes contact with the locking surface when the absorber is in the non-deformed state (when fastener 120 is attached). NOTE that claims 10 and 20 depending from claims 7 and 17 respectively open the interpretations of the “bendable member” and the “locking surface” to different components than those in claims 8, 18 and 9 and 19 respectively.
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Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please refer to PTO-892 form for list of cited references.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHIREF M MEKHAEIL whose telephone number is (571)270-5334. The examiner can normally be reached 10-7 Mon-Fri.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Daniel Cahn can be reached at 571-270-5616. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/S.M.M/Examiner, Art Unit 3634
/DANIEL P CAHN/Supervisory Patent Examiner, Art Unit 3634