Prosecution Insights
Last updated: October 04, 2026
Application No. 18/377,638

CONTROLLED DESCENT SAFETY SYSTEMS AND METHODS

Final Rejection §103
Filed
Oct 06, 2023
Priority
Oct 07, 2022 — provisional 63/414,327
Examiner
PEZZLO, BENJAMIN ALEXANDER
Art Unit
3634
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Bailout Systems Inc.
OA Round
2 (Final)
46%
Grant Probability
Moderate
3-4
OA Rounds
0m
Est. Remaining
73%
With Interview

Examiner Intelligence

Grants 46% of resolved cases
46%
Career Allowance Rate
5 granted / 11 resolved
-6.5% vs TC avg
Strong +27% interview lift
Without
With
+27.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
38 currently pending
Career history
50
Total Applications
across all art units

Statute-Specific Performance

§103
56.9%
+16.9% vs TC avg
§102
24.0%
-16.0% vs TC avg
§112
17.7%
-22.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 11 resolved cases

Office Action

§103
DETAILED ACTION Claim Objections Claim 10 is objected to because of the following informalities: Line 12, --a—should be inserted before “second”, and, Line 14, it appears “mounted in”, which is underlined, should be in strike-through. Claim 16 is objected to because of the following informalities: Line 2, the second incidence of “is” should be removed. Claim 19 is objected to because of the following informalities: Line 1, “controlled descent device” should be replaced with –method of induction braking--. Appropriate correction is required. 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. Claims 1-2, 5-11 and 14-17 are rejected under 35 U.S.C. 103 as being unpatentable over Ma (CN212679865) in view of Minoura (US4826150) and further in view of Allington (US20100308149). Re claim 1, Ma discloses a controlled descent device (Figs. 1-7, see also para. [n0006] of MT: “A portable disc-type permanent magnet eddy current descent device”), comprising, a capstan (6) mounted upon a rotatable shaft (24) having a central axis, a non-ferrous, electrically conductive plate (22, see also para. [n0040] of MT: “copper or aluminum”) joined to the rotatable shaft (24), the conductive plate (22) having a first side and a second side, and a first plurality of magnets (25) mounted on a first brake housing such that the first plurality of magnets are disposed in a first spaced relationship with the first side of the conductive plate (22) and a second plurality of magnets (25) mounted on a second brake housing such that the second plurality of magnets are disposed in a second spaced relationship with the second side of the conductive plate (see para. [n0031] of MT: “The first magnetic component is a permanent magnet 25, and the second magnetic component is a conductor disk 3. In a preferred embodiment, the first magnetic component is a conductor disk 3, and the second magnetic component is a permanent magnet 25”). Ma fails to disclose wherein the first brake housing (13) and the second brake housing (14) are independently joined to the rotatable shaft and one of the first brake housing and the second brake housing is rotatably joined to the rotatable shaft. Minoura teaches, in the context of eddy brakes, wherein the first brake housing (11) and the second brake housing (12) are independently joined to the rotatable shaft and one of the first brake housing and the second brake housing is rotatably joined to the rotatable shaft (see col. 3, lines 3-9 of Minoura: “An approximately cup-shaped internal case 11 is fixed to the side surface of the bracket 3 such as to cover the rotating disk 9 from one side thereof and an approximately cup-shaped external case 12 is mounted on the open side of the internal case such as to cover the rotating disk 9 from the other side thereof”). It 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 to have included the first brake housing and the second brake housing are independently joined to the rotatable shaft and one of the first brake housing and the second brake housing is rotatably joined to the rotatable shaft in a descent device of Ma according to the teachings of Minoura in order to vary “the positions of the permanent magnets 17 on the movable side facing those 13 on the fixed side by rotating the adjusting handle 18 so that the load applied to the rotating operation” can be easily adjusted (see col. 4, lines 48-52 of Minoura). Ma in view of Minoura fails to explicitly disclose wherein the first plurality of magnets are mounted on first back iron joined to the first brake housing, the first back iron made from a highly permeable magnetic ferrous material and wherein the second plurality of magnets are mounted on a second back iron joined to the second brake housing, the second back iron made from a highly permeable magnetic ferrous material. Allington teaches, in the context of controlled descent devices, wherein the first plurality of magnets are mounted on a first back iron (110 left, Fig. 1) joined to the first brake housing (138), the first back iron made from a highly permeable magnetic ferrous material and wherein the second plurality of magnets are mounted on a second back iron (110 joined to the second brake housing (136), the second back iron made from a highly permeable magnetic ferrous material ([0078]: “In one embodiment, two said arrays are provided on opposing sides of the plane of rotation of the conductive member” and [0081]: “In an embodiment, the magnet array is provided with a steel or other ferromagnetic backing attached to a surface of the magnets on an "outer", opposing side to the conductive member”). It 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 to have included wherein the first plurality of magnets are mounted on first back iron joined to the first brake housing, the first back iron made from a highly permeable magnetic ferrous material and wherein the second plurality of magnets are mounted on a second back iron joined to the second brake housing, the second back iron made from a highly permeable magnetic ferrous material in a controlled descent device in the controlled descent device of Ma in view of Minoura according to the teachings of Allington in order to enhance magnetic flux concentration, to improve structural rigidity, and to help maintain a consistent air gap. Re claim 2, Ma in view of Minoura and further in view of Allington discloses the controlled descent device of Claim 1, wherein the conductive plate is in a shape of a disc 9 (see Fig. 3 of Minoura). Re claim 5, Ma in view of Minoura and further in view of Allington disclose the controlled descent device of Claim 1, wherein the first plurality of magnets comprises three stationary magnets, each of the three stationary magnets having a north and a south pole, the three stationary magnets being mounted radially and equally spaced about the central axis (see col. 3, lines 22-26 of Minoura: “A plurality (in the embodiment, (6) of permanent magnets 17 on the movable side are mounted on the supporting disk 15 such that they are concyclically arranged at equal intervals”). Re claim 6, Ma in view of Minoura and further in view of Allington disclose the controlled descent device of Claim 1, wherein the second plurality of magnets comprises three rotatable magnets, each of the three rotatable magnets having a north and a south pole, the three rotatable magnets being mounted in radially equally spaced relationship about the central axis (see col. 3, lines 10-13 of Minoura: “A plurality (in the embodiment, (6) of permanent magnets 13 on the fixed side are provided on the inside surface of the internal case 11 through mounting disk 14 such that they are concyclically arranged at equal intervals”). Re claim 7, Ma in view of Minoura and further in view of Allington disclose the controlled descent device of Claim 2, wherein the first back iron is a disc made of low carbon steel (Allington [0081]: “steel or other ferromagnetic backing”). Re claim 8, Ma in view of Minoura and further in view of Allington disclose the controlled descent device of Claim 7, wherein the second back iron is a disc made of low carbon steel (Allington [0081]: “steel or other ferromagnetic backing”). Re claim 9, Ma in view of Minoura and further in view of Allington disclose the controlled descent device of Claim 1, having a first configuration in which the first plurality of magnets and the second plurality of magnets are phased at a first phase angle and a second configuration in which the first plurality of magnets and the second plurality of magnets are phased at a second phase angle, the second phase angle being different from the first phase angle (see col. 3, line 64 to col. 4, line 4 of Minoura: “By rotating clockwise the adjusting handle 18 shown in FIG. 5 from this state, the facing positions of the permanent magnets 17 on the movable side are displaced in order from the position with the same polarity to an adjacent position with a different polarity with respect to the permanent magents 13 on the fixed side opposite thereto, in the circumferential direction, the eddy current thereby being gradually increased”). Re claim 10, Ma discloses a method of induction braking in a controlled descent device, comprising, providing a controlled descent device (Figs. 1-7, see also para. [n0006] of MT: “A portable disc-type permanent magnet eddy current descent device”), the controlled descent device comprising, a capstan (6) mounted upon a rotatable shaft (24) having a central axis, a non-ferrous, electrically conductive plate (22, see also para. [n0040] of MT: “copper or aluminum”) joined to the rotatable shaft (24), the conductive plate (22) having a first side and a second side, a first plurality of magnets (25) mounted on a first brake housing such that the first plurality of magnets are disposed in a first spaced relationship with the first side of the conductive plate (22) and a second plurality of magnets (25) mounted on a second brake housing such that the second plurality of magnets are disposed in a second spaced relationship with the second side of the conductive plate wherein the first plurality of magnets and the second plurality of magnets are mounted in a radial configuration about the central axis (see para. [n0031] of MT: “The first magnetic component is a permanent magnet 25, and the second magnetic component is a conductor disk 3. In a preferred embodiment, the first magnetic component is a conductor disk 3, and the second magnetic component is a permanent magnet 25”) and rotating the capstan about the central axis (see para. [n0033] of Ma: “the escape rope passes through the rope hole 17 provided on the device housing 1 and is looped onto the pulley 6; finally, one end of the escape rope is connected to the body of the person escaping, and the person jumps out ofthe building exit. The reverse magnetic force generated by the induced current in the conductor disc 3 is used for braking, allowing the person to land at a safe speed”). Ma fails to disclose wherein the first brake housing and the second brake housing are independently joined to the rotatable shaft and the second brake housing is rotatably joined to the rotatable shaft, and further wherein in a first configuration the first plurality of magnets and the second plurality of magnets are phased at a first phase angle and in a second configuration the first plurality of magnets and the second plurality of magnets are phase at second phase angle, the second phase angle being different from the first phase angle, and rotating the second brake housing to move the first plurality of magnets and the second plurality of magnets from the first configuration to the second configuration. Minoura teaches, in the context of eddy brakes, wherein the first brake housing (11) and the second brake housing (12) are independently joined to the rotatable shaft and one of the first brake housing and the second brake housing is rotatably joined to the rotatable shaft (see col. 3, lines 3-9 of Minoura: “An approximately cup-shaped internal case 11 is fixed to the side surface of the bracket 3 such as to cover the rotating disk 9 from one side thereof and an approximately cup-shaped external case 12 is mounted on the open side of the internal case such as to cover the rotating disk 9 from the other side thereof”). Minoura further teaches wherein in a first configuration the first plurality of magnets and the second plurality of magnets are phased at a first phase angle and in a second configuration the first plurality of magnets and the second plurality of magnets are phase at second phase angle, the second phase angle being different from the first phase angle, and rotating the second brake housing to move the first plurality of magnets and the second plurality of magnets from the first configuration to the second configuration (see col. 3, line 64 to col. 4, line 4 of Minoura: “By rotating clockwise the adjusting handle 18 shown in FIG. 5 from this state, the facing positions of the permanent magnets 17 on the movable side are displaced in order from the position with the same polarity to an adjacent position with a different polarity with respect to the permanent magents 13 on the fixed side opposite thereto, in the circumferential direction, the eddy current thereby being gradually increased”). It 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 to have included wherein the first brake housing and the second brake housing are independently joined to the rotatable shaft and the second brake housing is rotatably joined to the rotatable shaft, and further wherein in a first configuration the first plurality of magnets and the second plurality of magnets are phased at a first phase angle and in a second configuration the first plurality of magnets and the second plurality of magnets are phase at second phase angle, the second phase angle being different from the first phase angle, and rotating the second brake housing to move the first plurality of magnets and the second plurality of magnets from the first configuration to the second configuration in the method disclosed by Ma according to the teachings of Minoura in order to enable “the formation of permanent magnet escape devices with different braking capabilities, suitable for different customer needs, such as the needs of different body weights”, para. [n0039] of MT of Ma). Ma in view of Minoura fails to explicitly disclose wherein the first plurality of magnets are mounted on first back iron joined to the first brake housing, the first back iron made from a highly permeable magnetic ferrous material and wherein the second plurality of magnets are mounted on a second back iron joined to the second brake housing, the second back iron made from a highly permeable magnetic ferrous material. Allington teaches, in the context of controlled descent devices, wherein the first plurality of magnets are mounted on a first back iron (110, Fig. 1) joined to the first brake housing (138), the first back iron made from a highly permeable magnetic ferrous material and wherein the second plurality of magnets are mounted on a second back iron joined to the second brake housing (136), the second back iron made from a highly permeable magnetic ferrous material ([0078]: “In one embodiment, two said arrays are provided on opposing sides of the plane of rotation of the conductive member” and [0081]: “In an embodiment, the magnet array is provided with a steel or other ferromagnetic backing attached to a surface of the magnets on an "outer", opposing side to the conductive member”). It 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 to have included wherein the first plurality of magnets are mounted on first back iron joined to the first brake housing, the first back iron made from a highly permeable magnetic ferrous material and wherein the second plurality of magnets are mounted on a second back iron joined to the second brake housing, the second back iron made from a highly permeable magnetic ferrous material in a controlled descent device in the controlled descent device of Ma in view of Minoura according to the teachings of Allington in order in order to enhance magnetic flux concentration, to improve structural rigidity, and to help maintain a consistent air gap. Re claim 11, Ma in view of Minoura and further in view of Allington discloses the controlled descent device of Claim 1, wherein the conductive plate is in a shape of a disc 9 (see Fig. 3 of Minoura). Re claim 14, Ma in view of Minoura and further in view of Allington disclose the method of Claim 10, wherein the first plurality of magnets comprises three stationary magnets, each of the three stationary magnets having a north and a south pole, the three stationary magnets being mounted radially and equally spaced about the central axis (see col. 3, lines 22-26 of Minoura: “A plurality (in the embodiment, (6) of permanent magnets 17 on the movable side are mounted on the supporting disk 15 such that they are concyclically arranged at equal intervals”). Re claim 15, Ma in view of Minoura and further in view of Allington disclose the method of Claim 10, wherein the second plurality of magnets comprises three rotatable magnets, each of the three rotatable magnets having a north and a south pole, the three rotatable magnets being mounted in radially equally spaced relationship about the central axis (see col. 3, lines 10-13 of Minoura: “A plurality (in the embodiment, (6) of permanent magnets 13 on the fixed side are provided on the inside surface of the internal case 11 through mounting disk 14 such that they are concyclically arranged at equal intervals”). Re claim 16, Ma in view of Minoura and further in view of Allington disclose the method of Claim 11, wherein the first back iron is a disc of magnetic material is made of low carbon steel (Allington [0081]: “steel or other ferromagnetic backing”). Re claim 17, Ma in view of Minoura and further in view of Allington disclose the controlled descent device of Claim 3, wherein the second back iron is a disc made of low carbon steel (Allington [0081]: “steel or other ferromagnetic backing”). Claims 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Ma (CN212679865) in view of Minoura (US4826150) in view of Allington (US20100308149) and further in view of Nienhaus (DE102020130471). 18. Ma in view of Minoura in view of Allington fail to disclose the controlled descent device of Claim 8, wherein the first back iron disk has a first diameter, the second back iron disc has a second diameter and the conductive plate disc has a third diameter that is greater than the first diameter and the second diameter. Nienhaus teaches, in the context of controlled descent devices, wherein a conductive plate disc (17, Fig. 6) has a diameter larger than a magnet disc (13, Fig. 6, [0046]: “In a preferred embodiment, the grid disk 13 has a diameter of, for example, 20 cm, while the two eddy current disks 17.5 are somewhat larger with a diameter of 20.5 cm”). It 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 to have included wherein the first back iron disk has a first diameter, the second back iron disc has a second diameter and the conductive plate disc has a third diameter that is greater than the first diameter and the second diameter in the controlled descent device of Ma in view of Minoura in view of Allington according to the teachings of Nienhaus in order to inhibit edge effects on the conductive plate disc. 19. Ma in view of Minoura in view of Allington fail to disclose the controlled descent device of Claim 17, wherein the first back iron disk has a first diameter, the second back iron disc has a second diameter and the conductive plate disc has a third diameter that is greater than the first diameter and the second diameter. Nienhaus teaches, in the context of controlled descent devices, wherein a conductive plate disc (17, Fig. 6) has a diameter larger than a magnet disc (13, Fig. 6, [0046]: “In a preferred embodiment, the grid disk 13 has a diameter of, for example, 20 cm, while the two eddy current disks 17.5 are somewhat larger with a diameter of 20.5 cm”). It 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 to have included wherein the first back iron disk has a first diameter, the second back iron disc has a second diameter and the conductive plate disc has a third diameter that is greater than the first diameter and the second diameter in the controlled descent device of Ma in view of Minoura in view of Allington according to the teachings of Nienhaus in order to inhibit edge effects on the conductive plate disc. Response to Arguments Applicant’s arguments with respect to amended independent claims 1 and 10 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 Ben Pezzlo whose telephone number is (571)272-9656. The examiner can normally be reached M to Th 7 to 5. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. 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. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /BAP/ Examiner, Art Unit 3634 /DANIEL P CAHN/Supervisory Patent Examiner, Art Unit 3634
Read full office action

Prosecution Timeline

Oct 06, 2023
Application Filed
Jan 09, 2026
Non-Final Rejection mailed — §103
Jul 07, 2026
Response Filed
Aug 17, 2026
Final Rejection mailed — §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
46%
Grant Probability
73%
With Interview (+27.3%)
2y 6m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 11 resolved cases by this examiner. Grant probability derived from career allowance rate.

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