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 April 13, 2026. The application has been updated accordingly.
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.
Claim 13 is 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 13 recites the limitation “wherein the attachment slot is disposed below the attachment slot” which renders the claim indefinite because it is unclear to the examiner how the attachment slot can be disposed below itself. For the purpose of this Office Action the examiner assumes the applicant meant to state that the attachment groove is disposed below the attachment slot.
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 1-4, 7-11 and 14-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Parker et al. (2009/0196679) hereinafter Parker.
Parker discloses:
Claim 1: An attachment mechanism (Fig. 6; 10) comprising:
an attachment plate (Fig. 6; 46) comprising an attachment slot (Fig. 6; 48) attachment groove (Fig. 6; 24), and one or more flanges (Fig. 5; 44 left and right) disposed on opposite sides of the attachment plate (Fig. 5; 44 are disposed on opposite sides of 46),
wherein one or more of the attachment slot and the attachment groove are configured to receive one or more fastening mechanisms (Fig. 6; 90) to secure the attachment mechanisms to a fixed structure (Fig. 7; 510);
a cross plate (Fig. 8B; 30) comprising a cross hole (Fig. 6; 32),
wherein the cross plate is fixedly connected to the attachment plate (Fig. 8B; via 28), and
wherein the cross plate is disposed parallel to the attachment plate (Fig. 8B; 30 and 46 are parallel) and perpendicular to the one or more flanges (Fig. 8B; 30 is perpendicular to 44 left and right).
Claim 2: The attachment mechanism of claim 1, wherein the cross hole (Fig. 6; 32) defines a pivot point of the attachment mechanism (the cross hole is able to allow pivotal movement of 30).
Claim 3: The attachment mechanism of claim 1, wherein the cross hole is aligned with one or more of the attachment slot or the attachment groove (Fig. 8B; 32 is aligned with 24).
Claim 4: The attachment mechanism of claim 1, wherein the cross plate is fixedly attached to the attachment plate via one or more weldments (Para. [0062]).
Claim 7: An attachment system configured to support an edge protection system, wherein the attachment system comprises:
an attachment mechanism (Fig. 6; 10) comprising:
an attachment plate (Fig. 6; 46) comprising an attachment slot (Fig. 6; 48) an attachment groove (Fig. 6; 24), and one or more flanges (Fig. 5; 44 left and right) disposed on opposite sides of the attachment plate (Fig. 5; 44 are disposed on opposite sides of 46),
wherein one or more of the attachment slot and the attachment groove are configured to receive one or more fastening mechanisms (Fig. 6; 27) to secure the attachment mechanisms to a fixed structure (Fig. 7; 510);
a cross plate (Fig. 8B; 30) comprising a cross hole (Fig. 6; 32),
wherein the cross plate is fixedly connected to the attachment plate (Fig. 8B; via 28), and
wherein the cross plate is disposed parallel to the attachment plate (Fig. 8B; 30 and 46 are parallel) and perpendicular to the one or more flanges (Fig. 8B; 30 is perpendicular to 44 left and right);
a fixed beam (Fig. 6; 60) fixedly attached to the attachment mechanism (Fig. 6; 10); and
a running beam (Fig. 6; 90) operably attached to the fixed beam such that the running beam is configured to move along a length of the fixed beam relative to the attachment mechanism (Fig. 6; 90 moves along a length of 60).
Claim 8: The attachment system of claim 7, further comprising a sliding bracket (Fig. 6; 26), wherein the sliding bracket is fixedly attached to the running beam (Fig. 6; via the connection of 60) and operatively engaged with the fixed beam (Fig. 6; 96), such that the sliding bracket is configured to move along the length of the fixed beam relative to the attachment mechanism (Fig. 6; via the movement of 90).
Claim 9: The attachment system of claim 7, wherein the cross hole defines a pivot point (the cross hole is able to allow pivotal movement of 30) of the attachment mechanism above the center of gravity of the fixed beam (Fig. 6; 60) such that the fixed beam is prevented from rotating relative to the attachment mechanism (Fig. 6; 60 is prevented from rotating relative to 10).
Claim 10: The attachment system of claim 7, wherein the cross hole is aligned with one or more of the attachment slot or the attachment groove (Fig. 8B; 32 is aligned with 24).
Claim 11: The attachment system of claim 7, wherein the cross plate is fixedly attached to the attachment plate via one or more weldments (Para. [0062]).
Claim 14: The attachment mechanism of claim 1, wherein the one or more flanges includes a first flange (Fig. 5; 44 left) and a second flange (Fig. 5; 44 right), wherein the cross plate is coupled to and extends between the first flange and the second flange (Fig. 8B; 30 extends between 44 left and right).
Claim 15: The attachment mechanism of claim 1, wherein the cross plate is positioned outward from the slot of the attachment plate (Fig. 6; 30 is positioned outward from 48) in a direction orthogonal to a surface of the attachment plate (Fig. 6; 30 is orthogonal to a surface of 46).
Claims 1, 5-7 and 12-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bannan (4,103,853).
Bannan discloses:
Claim 1: An attachment mechanism (Fig. 3; 12) comprising:
an attachment plate (Fig. 3; 34) comprising an attachment slot (Fig. 3; 36) attachment groove (Fig. 3; 52), and one or more flanges (Fig. 3; 40 left and right) disposed on opposite sides of the attachment plate (Fig. 3; 40 are disposed on opposite sides of 34),
wherein one or more of the attachment slot and the attachment groove are configured to receive one or more fastening mechanisms (Fig. 2; 38) to secure the attachment mechanisms to a fixed structure (Fig. 2; 14);
a cross plate (Fig. 3; 38) comprising a cross hole (Fig. 1; 30),
wherein the cross plate is fixedly connected to the attachment plate (Fig. 2; via 50), and
wherein the cross plate is disposed parallel to the attachment plate (Fig. 2; 34 and 28 are parallel) and perpendicular to the one or more flanges (Fig. 2; 28 is perpendicular to 40 left and right).
Claim 5: The attachment mechanism of claim 1, wherein the attachment slot comprises a keyhole-shaped slot (Fig. 3; 38 is depicted with a keyhole shape).
Claim 6: The attachment mechanism of claim 5, wherein the attachment slot (Fig. 3; 36) and the attachment groove (Fig. 3; 52) are disposed on opposite sides of the cross plate (Fig. 3; 36 and 52 are disposed on opposite sides of 28), and wherein the attachment groove is disposed below the attachment slot (Fig. 3; 52 is disposed below 36).
Claim 7: An attachment system configured to support an edge protection system, wherein the attachment system comprises:
an attachment mechanism (Fig. 3; 12) comprising:
an attachment plate (Fig. 3; 34) comprising an attachment slot (Fig. 3; 36) attachment groove (Fig. 3; 52), and one or more flanges (Fig. 3; 40 left and right) disposed on opposite sides of the attachment plate (Fig. 3; 40 are disposed on opposite sides of 34),
wherein one or more of the attachment slot and the attachment groove are configured to receive one or more fastening mechanisms (Fig. 2; 38) to secure the attachment mechanisms to a fixed structure (Fig. 2; 14);
a cross plate (Fig. 3; 38) comprising a cross hole (Fig. 1; 30),
wherein the cross plate is fixedly connected to the attachment plate (Fig. 2; via 50), and
wherein the cross plate is disposed parallel to the attachment plate (Fig. 2; 34 and 28 are parallel) and perpendicular to the one or more flanges (Fig. 2; 28 is perpendicular to 40 left and right);
a fixed beam (Fig. 4; 70 right) fixedly attached to the attachment mechanism (Fig. 2; 70 is attached 12); and
a running beam (Fig. 4; 70 left) operably attached to the fixed beam such that the running beam is configured to move along a length of the fixed beam relative to the attachment mechanism (Fig. 4; 70 left can be moved along a length of 70 right via the positioning of 74).
Claim 12: The attachment system of claim 7, wherein the attachment slot comprises a keyhole-shaped slot (Fig. 3; 38 is depicted with a keyhole shape).
Claim 13 as best understood by the examiner: The attachment system of claim 12, wherein the attachment slot (Fig. 3; 36) and the attachment groove (Fig. 3; 52) are disposed on opposite sides of the cross plate (Fig. 3; 36 and 52 are disposed on opposite sides of 28), and wherein the attachment slot is disposed below the attachment slot (Fig. 3; 52 is disposed below 36).
Response to Arguments
Applicant’s arguments with respect to claims 1-13 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
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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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