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 .
Allowable Subject Matter
Claims 3-5, 12-13 and 15 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.
The following is a statement of reasons for the indication of allowable subject matter: the aforementioned claims set forth a series of physical structures/configurations that are well beyond that which is disclosed within the Wolner and Guett references (discussed in greater depth infra), which is the prior art closest to Applicants’ claimed invention, and there would be no obvious reason to modify Wolner and Guett to the extent necessary to satisfy each of Applicants’ pertinent limitations (specifically with regard to the claimed combination of constituent elements and functional capabilities thereof), as such modifications would be likely to render the Wolner and Guett assemblies incapable of continuing to operate/behave in the particular manners set forth within the respective references themselves (given the particularly sensitive nature of such sophisticated mechanical assemblies with interconnected parts), which would be strongly indicative of an application of improper hindsight reasoning.
Claims 3-5, 12-13 and 15 would be allowable if rewritten to overcome the rejections under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
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 1-15 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.
The claims 1-2 and 11 recitations of “the display of the information display area” are unclear, as it is unknown whether Applicants intend to recite to the earlier recited display of information of the first application, or display of information of the second application of personal protective equipment. Exactly what structure/configuration is sought? Please review/revise/clarify.
There is insufficient antecedent basis for multiple limitations in the claims, including: i) claims 3, 6, 12 and 14 recite the limitation "its front side"; ii) claims 3 and 12 recite the limitation “its rear side”; and iii) claim 8 recites “the information display region”.
The term “mirror-symmetrical shape” in claim 5 is a relative term which renders the claim indefinite. The language “mirror-symmetrical shape” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Regarding claim 10, the phrase "-type" renders the claim indefinite because the claim includes elements not actually disclosed (those encompassed by "-type"), thereby rendering the precise scope of the claim unascertainable.
Regarding claim 13, the term "preferably" renders the claim indefinite because it is unclear whether the limitations following the term are actually requisite parts of the claimed invention.
Claims 4, 7, 9 and 15 are rejected as depending (directly or indirectly) from rejected independent claims 1 and 11.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-2, 6-11 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication No. 2010/0226748 to Wolner et al. (“Wolner”) in view of U.S. Patent No. 745,010 to Guett (“Guett”).
Regarding claim 1, Wolner discloses a personal protective equipment (e.g. safety device 100, shown in figs. 1-3 and discussed at para. 32) comprising an information display area (e.g. control knob 148, as shown in figs. 7 and 11, and discussed at para. 34; note that the angle at which control knob 148 is rotated will inform a user whether the safety device 100 is operating in the “descending mode” discussed at para. 53, or in the “fall arrest mode” discussed at para. 55), wherein: i) the information display area (148) comprises an information carrier (e.g. position indicator 149a, as shown in fig. 1) for displaying (figs. 7 and 11) information (e.g. an indication of whether safety device 100 is operating in the aforementioned “descending mode” or “fall arrest mode”, as discussed at para. 53 and 55) of a first application (e.g. operation in aforementioned “descending mode” discussed at para. 53) and a second application (e.g. operation in aforementioned “fall arrest mode” discussed at para. 55) of the personal protective equipment (100), ii) the information display area (148) displays (fig. 11), in a first (e.g. first position 278, as shown in fig. 11 and discussed at para. 53) of at least two states (e.g. first position 278 and second position 279), information (aforementioned indication that safety device 100 is operating in “descending mode”) relating to the first application (aforementioned operation in “descending mode”), and displays (fig. 7), in a second state (e.g. second position 279, as shown in fig. 7 and discussed at para. 55), information (aforementioned indication that safety device 100 is operating in “fall arrest mode”) relating to the second application (aforementioned operation in “fall arrest mode”), and iii) the display (compare figs. 7 and 11) of the information display area (148) is switchable back and forth between (para. 53 and 55, claim 3, and compare figs. 7 and 11) the at least two states (278 and 279) a plurality of times (para. 53 and 55, claim 3, and compare figs. 7 and 11).
Wolner does not disclose its information (aforementioned indication that safety device 100 is operating in “descending mode” or “fall arrest mode”) being displayed exclusively.
Guett teaches the concept of providing information (e.g. designations of “OFF” and “ON” upon the switch of figs. 1 and 4, as discussed at pg. 1, lines 9-11 and 37-56) that is displayed exclusively (compare figs. 1 and 4; note the manner in which only one of the “OFF” and “ON” indicia disposed on dial 8 will be revealed through the window in cover 5 at any given time).
Given that Wolner’s control knob 148 is a circular element that rotates to switch between two modes (“descending mode” and “fall arrest mode”) and Guett similarly concerns a circular element that rotates to switch between two modes (“on” and “off”), it would have been obvious to a person of ordinary skill in the art before the effective filing date to provide the rotatable Wolner control knob 148 with spatially separated indicia reading “Descending” and “Fall Arrest” upon its front surface, and then dispose a Guett cover 5 atop, in such a manner that the window within cover 5 reveals only one of the underlying “Descending” and “Fall Arrest” indicia at a time, when the Wolner control knob is rotated between its positions 278 and 279, in order to provide the benefit of yielding a resultant assembly that provides clear and unambiguous indications of the mode in which the Wolner safety device 100 is operating at any given time.
Regarding claim 2, Wolner in view of Guett discloses the personal protective equipment according to claim 1, wherein the information carrier (Wolner 149a, along with front surface of control knob 148, pursuant to the combination set forth in the rejection of claim 1, supra) is a non-electric information carrier (note the absence of any mention of electronics within the Wolner reference or modification made thereto) and/or wherein the information carrier (Wolner 149a, along with front surface of control knob 148) is configured as a non-electronic display (note the absence of any mention of electronics within the Wolner reference or modification made thereto) and/or wherein the display (e.g. reveal of “Descending” or “Fall Arrest” indicia through the Guett window, pursuant to the combination set forth in the rejection of claim 1, supra) of the information display area (Wolner 148) is switchable (Wolner para. 53 and 55, claim 3, and compare figs. 7 and 11) between the two states (Wolner 278 and 279) without supplying electrical energy (note the absence of any mention of electronics within the Wolner reference or modification made thereto).
Regarding claim 6, Wolner in view of Guett discloses personal protective equipment according to claim 1, wherein the information carrier (Wolner 149a, along with front surface of control knob 148, pursuant to the combination set forth in the rejection of claim 1, supra) provides on its front side (aforementioned front surface) information (aforementioned “Descending” indicia) relating to the first application (aforementioned operation in Wolner “descending mode”) and information (aforementioned “Fall Arrest” indicia) relating to the second application (aforementioned operation in Wolner “fall arrest mode”), and wherein the personal protective equipment (Wolner 100) comprises a cover (Guett 5, per the combination set forth in the rejection of claim 1, supra), which comprises a viewing window (Guett figs. 1 and 4; also see the modification set forth in the rejection of claim 1, supra), for the information carrier (Wolner 149a, along with front surface of control knob 148) in the information display area (Wolner 148).
Regarding claim 7, Wolner in view of Guett discloses personal protective equipment according to claim 6, wherein a change between the at least two states (Wolner 278 and 279) a plurality of times (Wolner para. 53 and 55, claim 3, and compare figs. 7 and 11) can be realized by a rotational movement (compare Wolner figs. 7 and 11) of the information carrier (Wolner 149a, along with front surface of control knob 148, pursuant to the combination set forth in the rejection of claim 1, supra) about an axis of rotation (e.g. z-axis within Wolner figs. 7 and 11) extending perpendicular to (Wolner figs. 7 and 11) a plane (e.g. xy plane shown in Wolner figs. 7 and 11) of the information carrier (Wolner 149a, along with front surface of control knob 148) or by an axial movement of the information carrier along an axis extending in a plane of the information carrier, and/or wherein a change between the at least two states can be realized by a rotational movement or an axial movement of the cover comprising the viewing window.
Regarding claim 8, Wolner in view of Guett discloses personal protective equipment according to claim 6, wherein the information carrier (Wolner 149a, along with front surface of control knob 148) is axially displaceable or rotatably mounted (Wolner figs. 7 and 11) in the information display region (Wolner 148) relative to the viewing window (Guett figs. 1 and 4) of the cover (Guett 5, per the combination set forth in the rejection of claim 1, supra), or wherein the information carrier (Wolner 149a, along with front surface of control knob 148) is configured as a disc (Wolner figs. 7 and 11) rotatably mounted relative to (see the modification set forth in the rejection of claim 1, supra) the viewing window (Guett figs. 1 and 4).
Regarding claim 9, Wolner in view of Guett discloses personal protective equipment according to claim 7, wherein the viewing window (Guett figs. 1 and 4) of the cover (Guett 5) and the information carrier (Wolner 149a, along with front surface of control knob 148) are configured in such a way that either the information (aforementioned “Descending” indicia) relating to the first application (aforementioned operation in Wolner “descending mode”) or the information (aforementioned “Fall Arrest” indicia) relating to the second application (aforementioned operation in Wolner “fall arrest mode”) is visible through (see the modification set forth in the rejection of claim 1, supra) the viewing window (Guett figs. 1 and 4).
Regarding claim 10, Wolner in view of Guett discloses personal protective equipment according to claim 1, configured as a retractable-type fall arrester (Wolner written abstract), a harness (Wolner para. 56), a protective helmet, a connector (Wolner written abstract), a descender or rescue device (Wolner written abstract and para. 3), a fall arrest device (Wolner written abstract), a carabiner, a rescue device (Wolner para. 3), a power ascender and/or a load securing system (Wolner para. 48-49).
Regarding claim 11, Wolner discloses a method for changing (para. 53 and 55, claim 3, and compare figs. 7 and 11) a state (e.g. first position 278 and second position 279, as shown in figs. 7 and 11 and discussed at para. 53 and 55) of an information display area (e.g. control knob 148, as shown in figs. 7 and 11, and discussed at para. 34; note that the angle at which control knob 148 is rotated will inform a user whether the safety device 100 is operating in the “descending mode” discussed at para. 53, or in the “fall arrest mode” discussed at para. 55) of a personal protective equipment (e.g. safety device 100, as shown in figs. 1-3 and discussed at para. 32), wherein i) the personal protective equipment (100) comprises (compare figs. 1, 7 and 11) the information display area (148), the information display area (148) comprises (compare figs. 1, 7 and 11) an information carrier (e.g. position indicator 149a, as shown in fig. 1) for displaying (figs. 7 and 11) information (e.g. an indication of whether safety device 100 is operating in the aforementioned “descending mode” or “fall arrest mode”, as discussed at para. 53 and 55) of a first application (e.g. operation in aforementioned “descending mode” discussed at para. 53) and a second application (e.g. operation in aforementioned “fall arrest mode” discussed at para. 55) of the personal protective equipment (100), ii) the information display area (148) in a first (e.g. first position 278, as shown in fig. 11 and discussed at para. 53) of at least two states (e.g. first position 278 and second position 279, as shown in figs. 7 and 11) displays (fig. 11) information (e.g. an indication that safety device 100 is operating in the aforementioned “descending mode”, as discussed at para. 53) relating to the first application (aforementioned operation in “descending mode”) and in the second state (e.g. second position 279, as shown in fig. 7 and discussed at para. 55) displays (fig. 7) information (e.g. an indication that safety device 100 is operating in the aforementioned “fall arrest mode”, as discussed at para. 55) relating to the second application (aforementioned operation in “fall arrest mode”), and iii) the display (compare figs. 7 and 11) of the information display area (148) is switchable back and forth between (para. 53 and 55, claim 3, and compare figs. 7 and 11) the at least two states (278 and 279) a plurality of times (para. 53 and 55, claim 3, and compare figs. 7 and 11), comprising the steps of: a) providing the personal protective equipment (100) comprising the information display area (148) in the first or second (figs. 11 or 7, respectively) of the at least two states (278 and 279); b) changing the state (compare figs. 7 and 11) of the information display area (148) by rotating or axially displacing (compare figs. 7 and 11) the information carrier (149a); or c) changing the state (compare figs. 7 and 11) of the information display area (148) by rotating or axially displacing (compare figs. 7 and 11) a cover (fig. 9; note that control knob 148 is a form of a cover element), for the information carrier (149a).
Wolner does not disclose: i) its information (aforementioned indication that safety device 100 is operating in “descending mode” or “fall arrest mode”) being displayed exclusively; or ii) a viewing window.
Guett teaches the concept of providing: i) information (e.g. designations of “OFF” and “ON” upon the switch of figs. 1 and 4, as discussed at pg. 1, lines 9-11) that is displayed exclusively (compare figs. 1 and 4; note the manner in which only one of the “OFF” and “ON” designations disposed on dial 8 will be revealed through the unnumbered window at any given time); and ii) a viewing window (e.g. opening discussed at pg. 1, lines 41-42).
For the reasons set forth within the rejection of claim 1, supra, it would have been obvious to provide the rotatable Wolner control knob 148 with spatially separated indicia reading “Descending” and “Fall Arrest” upon its front surface, and then dispose a Guett cover 5 atop, in such a manner that the window within cover 5 reveals only one of the underlying “Descending” and “Fall Arrest” indicia at a time, when the Wolner control knob is rotated between its positions 278 and 279.
Regarding claim 14, Wolner in view of Guett discloses a method according to claim 11, wherein the information carrier (Wolner 149a, along with front surface of control knob 148, pursuant to the combination set forth in the rejection of claim 11, supra) provides on its front side (aforementioned front surface) information (aforementioned “Descending” indicia) relating to the first application (aforementioned operation in Wolner “descending mode”) and information (aforementioned “Fall Arrest” indicia) relating to the second application (aforementioned operation in Wolner “fall arrest mode”), and wherein the personal protective equipment (Wolner 100) comprises a cover (Guett 5, per the combination set forth in the rejection of claim 1, supra), which comprises a viewing window (Guett figs. 1 and 4; also see the modification set forth in the rejection of claim 1, supra), for the information carrier (Wolner 149a, along with front surface of control knob 148) in the information display area (Wolner 148), and wherein the step of changing (Wolner para. 53 and 55, claim 3, and compare figs. 7 and 11) the state (compare Wolner figs. 7 and 11) of the information display area (Wolner 148) comprises rotating (compare Wolner figs. 7 and 11) the information carrier (Wolner 149a, along with front surface of control knob 148) about an axis of rotation (e.g. z-axis within Wolner figs. 7 and 11) extending perpendicular to (Wolner figs. 7 and 11) a plane (e.g. xy plane shown in Wolner figs. 7 and 11) of the information carrier (Wolner 149a, along with front surface of control knob 148).
Conclusion
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/JUSTIN V LEWIS/Primary Examiner, Art Unit 3637