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 .
Application Status
Claims 1-19 are pending;
Claims 1 and 10 are currently amended; 2-5, 9,11-14 and 18 are original; claims 6-8 and 15-17 are canceled; claim 19 is withdrawn.
Claims 1-18 are rejected herein.
Information Disclosure Statement
As of the date of this action, an information disclosure statement (IDS) has been filed on 03/05/2025 and reviewed by the Examiner.
Response to Arguments
Applicant's arguments filed 10/01/2025 have been fully considered but they are not persuasive.
Regarding Applicant’s argument that “Blomberg simply cannot be construed to teach or make obvious a minimal threshold, primary threshold and secondary threshold” the Examiner respectfully disagrees.
As amended, claims 1 and 10 require a minimum threshold that prevents the deformation of the absorber assembly. Blomberg explicitly teaches this limitation at column 4, lines 2-6 where the absorber assembly behaves elastically at forces of about 2 Kilonewtons, thereby preventing deformation below this level.
The amended claims further require a primary threshold that permit deformation of the absorber assembly at about 6 Kilonewtons. Blomberg teaches this condition by disclosing that deformation of the absorber assembly occurs at forces of approximately 6 kilonewtons, which satisfies the claimed primary threshold.
Finally, amended claims 1 and 10 require a secondary threshold is less than or equal to about 8 Kilonewtons. Because this secondary threshold encompasses any force that permits deformation of the absorber assembly between approximately 2 kilonewtons and 8 kilonewtons, Blomberg’s disclosed operating range satisfies the secondary threshold limitation.
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 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 pre-AIA 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-18 are rejected under 35 U.S.C. 102(a)(1)/102(a)(2) as being anticipated by Blomberg (U.S. Pat. No. 8550225 B2).
Regarding claim 1, Blomberg teaches an absorber assembly comprising:
an absorber body (Figs. 1-3; 100 or Fig. 8; 100”) configured to deform under one or more loading forces;
a load lock comprising a first counter face (111 or 110”) and a second counter face (108/109 or 108”/109”),
wherein the load lock is configured to prevent deformation of the absorber body when the one or more loading forces are below a minimal threshold, wherein the primary threshold is less than or equal to about 6 kilo-Newtons (Col. 4; lines 2-6);
a primary absorbing part (at annotation 103 or 103”) configured to deform the absorber body such that the absorber body does not exceed a primary threshold, wherein the primary threshold is less than or equal to about 6 kilo-Newton (Col. 4; lines 2-6); and
a secondary absorbing part (at annotation 101 or 101”) configured to deform the absorber body such that the absorber body does not exceed a secondary threshold, wherein the secondary threshold is less than or equal to about 8 kilo-Newton (Col. 4; lines 2-6).
Regarding claim 2, Blomberg teaches a line of deformation (line defined by the periphery of the 100 as shown in Fig. 5) disposed on or within the absorber body, wherein the LOD comprises one or more radii, and wherein the absorber body is configured to deform along the LOD.
Regarding claim 3, Blomberg teaches one or more additional cross-sectional areas (cross-sectional areas taken along thickness plane) disposed on or in the absorber body.
Regarding claim 4, Blomberg teaches the absorber body comprises a nose portion (nose portion at 115) configured to operably engage with one or more notches disposed on or within a rail (Fig. 6).
Regarding claim 5, Blomberg teaches the one or more additional cross-sectional areas cross sections (cross-sectional areas along thickness plane of 100) are disposed on or within the absorber body at or near one or more points between the loop portion and the nose portion.
Regarding claim 9, Blomberg teaches an attachment mechanism (130) attached to the absorber body.
Regarding claim 10, Blomberg teaches a fall protection system comprising: an absorber assembly comprising:
an absorber body (Figs. 1-3; 100 or Fig. 8; 100”) configured to deform under one or more loading forces;
a load lock comprising a first counter face (111 or 110”) and a second counter face (108/109 or 108”/109”), wherein the load lock is configured to prevent deformation of the absorber body when the one or more loading forces are below a minimal threshold, wherein the minimal threshold is less than or equal to about 2 kilo-Newtons (Col. 4; lines 2-6);
a primary absorbing part (at annotation 103 or 103”) configured to deform the absorber body such that the absorber body does not exceed a primary threshold, wherein the primary threshold is less than or equal to about 6 kilo-Newtons (Col. 4; lines 2-6); and
a secondary absorbing part (at annotation 101 or 101”) configured to deform the absorber body such that the absorber body does not exceed a secondary threshold, wherein the secondary threshold is less than or equal to about 8 kilo-Newtons (Col. 4; lines 2-6); and
an attachment mechanism (130 or 131) fixedly attached to the absorber body and configured to secure a user to a rail [Fig. 6].
Regarding claim 11, Blomberg teaches a line of deformation (line defined by the periphery of the 100 as shown in Fig. 5) disposed on or within the absorber body, wherein the LOD comprises one or more radii, and wherein the absorber body is configured to deform along the LOD.
Regarding claim 12, Blomberg teaches one or more additional cross-sectional areas (cross-sectional areas taken along thickness plane) disposed on or in the absorber body.
Regarding claim 13, Blomberg teaches the absorber body comprises a nose portion (nose portion at 115) configured to operably engage with one or more notches disposed on or within a rail.
Regarding claim 14, Blomberg teaches the one or more additional cross-sectional areas (cross-sectional areas taken along thickness plane) cross sections are disposed on or within the absorber body at or near one or more points between the loop portion and the nose portion.
Regarding claim 18, Blomberg teaches wherein the attachment mechanism comprises a carabiner (131).
Conclusion
THIS ACTION IS MADE FINAL. 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 MUHAMMAD IJAZ whose telephone number is (571)272-6280. The examiner can normally be reached M-F 11:00 am-10:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Liu can be reached at 5712728227. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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MUHAMMAD IJAZ
Primary Examiner
Art Unit 3631
/Muhammad Ijaz/ Primary Examiner, Art Unit 3631