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 .
The amendment filled 04/15/2026 has been entered. Claims 1, 3, 8-11, 13 and 18-20 have been amended. Therefore, claims 1-20 remain pending in the application.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “the connecting pin is configured to rotate in relation to the absorber by less than five degrees when the absorber is in the nondeformed state” claim 2 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 2 and 12 are objected to because of the following informalities:
Claims 2 and 12 recite “the connecting pin is configured to rotate in relation to the absorber by less than five degrees when the absorber is in the nondeformed state”; this language is objected to because there appears to be no room for rotation between surfaces 213 (locking surface of the absorber) and 234 (contact surface of the connecting pin), as they are illustrated as tightly fastened together as shown in figs. 2 and 3 and in phantom in fig. 7.
Proper/consistent spelling of “nondeformed” in claims 2 and 12 is required.
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 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Krauss, US (2010/0012424) in view of Casebolt, US (2014/0020988).
In regards to claim 1 Krauss discloses:
An absorber assembly (20; figs. 2, 3, 5-7) for a fall protection system (10), the absorber assembly comprising:
an absorber (18, 40, 52, portion above 52; see annotated drawings below) configured be in a non-deformed state (state shown in figs. 3, 5) and a deformed state (state shown in figs. 6, 7);
a connecting pin (42, 50; fig. 3, 6) coupled to the absorber (18, 40, 52; as shown in figs. 2, 3, 5) and including a contact surface (upper surface of 50; as shown in annotated drawings below); and
wherein the absorber includes a locking surface (bottom surface of 52 in contact with upper surface of 50 as shown in fig. 5) in contact with the contact surface (upper surface of 50 as shown in annotated drawings below) of the connecting pin (42, 50) to prevent the connecting pin from rotating in relation to the absorber by more than five degrees when the absorber is in the non-deformed state (as shown in non-deformed state of figs. 3, 5; where bottom surface of 52 in contact with upper surface of 50 and prevents it from flexing into the configuration of figs. 6, 7),
wherein the contact surface (upper surface of 50) disengages from the locking surface (bottom surface of 52) when the absorber is in the deformed state (bottom surface of 52 disengaged from upper surface of 50 when in the deformed state of figs. 6, 7) to permit rotation of the connecting pin by at least five degrees in relation to the absorber (42/50 rotated by more than 5 degrees with respect to 40/52 between configurations of figs. 3, 5 versus configuration in figs. 6, 7).
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In regards to claim 1 Krauss does not disclose a swivel that is coupled to the connecting pin.
Casebolt teaches a swivel (122) that is coupled to the connecting pin (at 118 and passage 406).
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 swivel as taught by Casebolt to attach the lanyard and the connecting pin of Krauss for the predictable result with reasonable expectation of success i.e., to provide for flexibility of rotation, twisting and turning between the lanyard and the point of attachment to the absorber to prevent straining that can lead to failure of the lanyard connecting the user.
In regards to claim 2 Krauss discloses the connecting pin is configured to rotate in relation to the absorber when the absorber is in the nondeformed state (by the compression of spring 36). Krause does not explicitly disclose that the rotation is by less than five degrees. However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the connecting pin rotate by less than five degrees with respect to the absorber, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. One having ordinary skill in the art before the effective fling date of the claimed invention would have found that less than five degrees would be enough to have the tooth 34 of the pawl 18 projects from the fall arrester 10 into the inside of the C-profile of the guide rail until it meets the catching stops 16 as described in Krauss paragraph [0029].
In regards to claim 3 Krauss discloses the absorber is configured to transition from the non-deformed state to the deformed state during a fall event (as described in paragraph [0034]).
In regards to claim 4 Krauss as modified by Casebolt, it provided that pin 118 of Casebolt taught onto the lug 42 of Krauss (as a subsequence of the modification above in order to introduce swivel 122) is being considered part of the connecting pin; hence Krauss as modified by Casebolt teaches a fastener (120; Casebolt; fig. 2) that is configured to couple the connecting pin (portion 118) to the absorber (40; Krauss).
In regards to claim 5 Krauss as modified by Casebolt teaches the swivel is rotatably coupled to the connecting pin (as described in the connection between 118 and 122; in paragraph [0078]; Casebolt) (pin 118 of Casebolt being part of the connecting pin as described above).
In regards to claim 6 Krauss as modified by Casebolt teaches the connecting pin defines a pivot axis (axis passing through longitudinal length of 120; see annotated drawings; Casebolt) and a swivel axis (passing through length of 118; see annotated drawings; Casebolt) that is orthogonal to the pivot axis (see fig. 1 and annotated drawings; Casebolt), wherein the swivel is configured to rotate on the swivel axis (as described in the connection between 118 and 122; in paragraph [0078]; Casebolt) 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; Casebolt), when the first curved leg carrying pin 118 (see annotated drawings below; Casebolt) 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} (pin 118 of Casebolt being part of the connecting pin as described above).
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In regards to claim 8 Krauss discloses the absorber comprises a bendable member (see annotated drawings below) that is configured to bend away from the connecting pin (as shown in deformed state of fig. 6, 7) as the absorber transitions from the non-deformed state to the deformed state (between configurations of figs. 3, 5 versus figs. 6, 7).
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Claims 11-16 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Krauss, US (2010/0012424) in view of Casebolt, US (2014/0020988).
In regards to claim 11 Krauss discloses:
A fall protection system (10 figs. 2, 3, 5-7) comprising:
a shuttle (20); and
an absorber assembly (18, 40, 52, 50, 42; figs. 2, 3, 5-7) coupled to the shuttle (as shown in figs. 2, 3, 5-7), the absorber assembly comprising:
an absorber (18, 40, 52) configured be in a non-deformed state (state shown in figs. 3, 5) and a deformed state (state shown in figs. 6, 7);
a connecting pin (42, 50; fig. 3, 6) coupled to the absorber (18, 40, 52, portion above 52; see annotated drawings below); as shown in figs. 2, 3, 5) and including a contact surface (upper surface of 50; as shown in annotated drawings below); and
wherein the absorber comprises a locking surface (bottom surface of 52 in contact with upper surface of 50 as shown in fig. 5) in contact with the contact surface (upper surface of 50 as shown in annotated drawings below) of the connecting pin (42, 50) to prevent the connecting pin from rotating in relation to the absorber by more than five degrees when the absorber is in the non-deformed state (as shown in non-deformed state of figs. 3, 5; where bottom surface of 52 in contact with upper surface of 50 and prevents it from flexing into the configuration of figs. 6, 7),
wherein the contact surface (upper surface of 50) disengages from the locking surface (bottom surface of 52) when the absorber is in the deformed state (bottom surface of 52 disengaged from upper surface of 50 when in the deformed state of figs. 6, 7) to permit rotation of the connecting pin by at least five degrees in relation to the absorber (42/50 rotated by more than 5 degrees with respect to 40/52 between configurations of figs. 3, 5 versus configuration in figs. 6, 7).
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In regards to claim 11 Krauss does not disclose a swivel that is coupled to the connecting pin.
Casebolt teaches a swivel (122) that is coupled to the connecting pin (at 118 and passage 406).
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 swivel as taught by Casebolt to attach the lanyard and the connecting pin of Krauss for the predictable result with reasonable expectation of success i.e., to provide for flexibility of rotation, twisting and turning between the lanyard and the point of attachment to the absorber to prevent straining that can lead to failure of the lanyard connecting the user.
In regards to claim 12 Krauss discloses the connecting pin is configured to rotate in relation to the absorber when the absorber is in the nondeformed state (by the compression of spring 36). Krause does not explicitly disclose that the rotation is by less than five degrees. However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the connecting pin rotate by less than five degrees with respect to the absorber, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. One having ordinary skill in the art before the effective fling date of the claimed invention would have found that less than five degrees would be enough to have the tooth 34 of the pawl 18 projects from the fall arrester 10 into the inside of the C-profile of the guide rail until it meets the catching stops 16 as described in Krauss paragraph [0029].
In regards to claim 13 Krauss discloses the absorber is configured to transition from the non-deformed state to the deformed state during a fall event (as described in paragraph [0034]).
In regards to claim 14 Krauss as modified by Casebolt, it provided that pin 118 of Casebolt taught onto the lug 42 of Krauss (as a subsequence of the modification above in order to introduce swivel 122) is being considered part of the connecting pin; hence Krauss as modified by Casebolt teaches a fastener (120; Casebolt; fig. 2) that is configured to couple the connecting pin (portion 118) to the absorber (40; Krauss).
In regards to claim 15 Krauss as modified by Casebolt teaches the swivel is rotatably coupled to the connecting pin (as described in the connection between 118 and 122; in paragraph [0078]; Casebolt) (pin 118 of Casebolt being part of the connecting pin as described above).
In regards to claim 16 Krauss as modified by Casebolt teaches the connecting pin defines a pivot axis (axis passing through longitudinal length of 120; see annotated drawings; Casebolt) and a swivel axis (passing through length of 118; see annotated drawings; Casebolt) that is orthogonal to the pivot axis (see fig. 1 and annotated drawings; Casebolt), wherein the swivel is configured to rotate on the swivel axis (as described in the connection between 118 and 122; in paragraph [0078]; Casebolt) 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; Casebolt), when the first curved leg carrying pin 118 (see annotated drawings below; Casebolt) 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} (pin 118 of Casebolt being part of the connecting pin as described above).
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In regards to claim 18 Krauss discloses the absorber comprises a bendable member (see annotated drawings below) that is configured to bend away from the connecting pin (as shown in deformed state of fig. 6, 7) as the absorber transitions from the non-deformed state to the deformed state (between configurations of figs. 3, 5 versus figs. 6, 7).
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Claims 7, 9-10, 17 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Krauss and 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 Krauss 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 annotated drawing below); an attachment portion (see annotated drawing below) defined between the first cut and the second cut (as shown in annotated drawing below).
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In regards to claims 7 and 17 Krauss and Casebolt do not teach lose 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 Krauss and engage an inner wall of the second cut 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 Krauss discloses the bendable member comprises the locking surface (upper surface of 50) 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 (see annotated drawings above).
In regards to claims 10 and 20 Krauss discloses the contact surface (upper surface of 50) of the connecting pin extends substantially parallel to the locking surface (bottom surface of 52) of the bendable member (as shown in figs. 3, 5).
Response to Arguments
Applicant’s arguments filed 04/15/2026 have been considered but are moot because the new ground of rejection utilizing reference Krauss as a primary reference does not apply to applicant’s arguments and where reference Casebolt argued by the applicant is only utilized as a secondary teaching reference where applicant’s arguments do not apply to the reference as currently applied.
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 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
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