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 .
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 flexible cover configured to reset a unit that is locked as the lifeline retracts relative to the housing” must be shown or the feature(s) canceled from the claim(s). The specification recites that this feature is not shown in the figures. 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 Rejections - 35 USC § 102
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.
(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, 4-7, 15-17, 21, and 23 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Thompson et al. (US 20240318464), hereinafter Thompson.
Regarding claim 1, Thompson teaches of (fig. 3) a fall-protection device for use with a safety harness of a user (abstract, fall-protection interlocking system for use with a safety harness of a user), the fall-protection device comprising:
a housing (housing 51) configured to be connected to the safety harness (¶0009, connector 30 connects housing 51 to a safety harness 40);
a lifeline (lifeline 52) extending from the housing (seen in fig. 3), the lifeline comprising a lifeline end distal to the housing (distal end of lifeline 52) and configured to be coupled to an anchor (fig. 1, support structure has an anchor configured to connect to anchorage 6 of the fall-protection apparatus 50 or connector 30 by the distal end of lifeline 52), wherein the lifeline is retractable or extendable relative to the housing (¶0046, lifeline 52 is self-retracting and extendable relative to the housing 51), and wherein the lifeline (52) is extendable relative to the housing from a retracted state in which a length of the lifeline extending out of the housing is minimum (¶0046, lifeline 52 extends from housing 51 from a retracted state in which the length of the lifeline 52 is at a minimum); and
a flexible cover (¶0046, energy absorber 35 can be a flexible cover that expands and “unzip”) extending from the housing (51) (seen in fig. 3) and coupled to the housing (51) and the lifeline (52) (seen in fig. 3), the
flexible cover at least partially enclosing the lifeline (seen in fig. 3), wherein the flexible cover contracts or expands as the lifeline retracts or extends, respectively, relative to the housing (¶0046, Some such SRLs may feature a safety line 52 that is equipped with an energy absorber 35 (as denoted in FIG. 3) in the form of a so-called tear-strip or shock-pack. Such energy absorbers often rely on several segments of safety line, e.g. webbing, that are accordion-folded together and sewn to each other so that they can “unzip” from each other in a manner that absorbs energy in the case of a fall.).
Regarding claim 4, Thompson teaches of claim 1, and (fig. 3) further comprising a connector (connector 30) coupled to the lifeline end (distal end of lifeline 52), wherein the connector (30) is configured to detachably couple the lifeline to the anchor (connector can detachably couple to the anchor on support structure 5).
Regarding claim 5, Thompson teaches of claim 4, and (fig. 3) wherein the lifeline (52) further comprises a loop at the lifeline end (loop below energy absorber 35), and wherein the loop is connected to the connector (30) (seen in fig. 3).
Regarding claim 6, Thompson teaches of claim 5, and wherein the loop is disposed outside the flexible cover (fig. 3, loop is outside the flexible cover 35).
Regarding claim 7, Thompson teaches of claim 1, and (fig. 3) further comprising a drum (drum 53) received within the housing (51) and rotatable relative to the housing (¶0046, drum 53 is rotatably connected to housing 51), wherein the lifeline (52) is at least partially wound around the drum (¶0046, lifeline 52 is wounded around drum 53), and wherein the lifeline (52) winds on or unwinds from the drum as the lifeline retracts or extends, respectively, relative to the housing (51) (¶0046, lifeline 52 winds and unwinds around the drum 53 as it retracts and expands relative to the housing 51).
Regarding claim 15, Thompson teaches of claim 1, and wherein (fig. 3) the flexible cover (35) is expandable from a contracted state in which the lifeline is in the retracted state (¶0046, energy absorbers can expand from a contracted state when the lifeline is in a retracted state), and wherein a length of the flexible cover (35) is minimum in the contracted state (seen in fig. 3).
Regarding claim 16, Thompson teaches of claim 1, and (fig. 3) wherein the flexible cover (35) has a minimum length corresponding to the retracted state of the lifeline (seen in fig. 3), such that the flexible cover (35) restricts further retraction of the lifeline (52) into the housing (51) from the retracted state (¶0047, energy absorbers have several segments of safety line, e.g. webbing, that are accordion-folded together and sewn to each other such that it would be restricted from further retraction of the lifeline into the housing).
Regarding claim, 17, Thompson teaches of claim 1, and wherein the flexible cover is fully disposed outside the housing (fig. 3, flexible cover 35 is fully disposed outside the housing 51).
Regarding claim 21, Thompson teaches of claim 1, and (fig. 3) wherein the flexible cover (35) is configured to dampen a movement of the lifeline as the lifeline retracts relative to the housing (¶0046, energy absorbers dampen the movement by absorbing energy. Examiner notes that by having more material and components on the lifeline, the extra material and components would dampen movement due to air drag, absorbing vibrations on the device, and weight).
Regarding claim 23, Thompson teaches of a fall-protection system (abstract, fall-protection interlocking system) comprising:
a safety harness (fig. 4, safety harness 40) configured to be worn by a user (seen in fig. 4);
an anchor (fig. 1, anchor of support structure 5 where the fall protection apparatus 50 is attached); and
the fall-protection device of claim 1 (see rejection of claim 1 above), wherein the lifeline (52) is connected to the anchor (seen in fig. 1), and
wherein the housing (51) is connected to the safety harness (¶0009, connector 30 connects the housing 51 to the safety harness 40).
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 2-3, 8-11, and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Thompson in view of Weinig et al. (US 20160144530), hereinafter Weinig.
Regarding claim 2, Thompson teaches of claim 1, but does not appear to teach of wherein the flexible cover comprises:
a first end fixedly coupled to the housing, and
a second end distal to the first end and fixedly coupled to the lifeline proximal to the lifeline end.
Weinig teaches of (fig. 21) wherein the flexible cover (figs. 21-22, sheath 63 contracts and expands) comprises:
a first end (second end section 69) fixedly coupled to the housing (¶0073, figs. 1 and 19, first end section 69 is secured to fastening means 13, which is fixedly coupled to housing 4), and
a second end (first end section 68) distal to the first end (69) and fixedly coupled to the cable (spring element 73) proximal to the cable end (end of spring element 73 by second end section 68) (¶0073, figs. 1 and 19, second end section 68 is secured to connecting device 17, which is connected to carabiner 19 and where the carabiner 19 is further attached to the user).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Thompson to incorporate the teachings of Weing of replacing the flexible cover with wherein the flexible cover comprises: a first end fixedly coupled to the housing, and a second end distal to the first end and fixedly coupled to the lifeline proximal to the lifeline end in order to cover the entire length of the lifeline in the retracted and expanded state.
Regarding claim 3, Thompson teaches of claim 1, but does not appear to teach of wherein the flexible cover comprises bellows.
Weinig teaches of wherein the flexible cover comprises bellows (fig. 21, the folds of the sheath 63 are bellows).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Thompson to incorporate the teachings of Weinig of wherein the flexible cover comprises bellows in order to compress by folding and expand by unfolding as motivated by Weinig in para. 0073 and the folds helps dissipate the forces on the device by having more surface area and material absorbing the energy.
Regarding claim 8, Thompson teaches of claim 1, but does not appear to teach of wherein the flexible cover comprises a plurality of sections disposed adjacent to each other along a length of the flexible cover, and wherein each section from the plurality of sections contracts or expands as the lifeline retracts or extends, respectively.
Weinig teaches of (fig. 21) wherein the flexible cover (63) comprises a plurality of sections (sections divided by each fold 64) disposed adjacent to each other along a length of the flexible cover (seen in fig. 19), and wherein each section from the plurality of sections contracts or expands as the cable (73) retracts or extends, respectively (figs. 21-22, ¶0073, The sheath 63 comprises a plurality of folds 64 and is therefore expandable in its length direction. The spring element 73, as is shown in FIGS. 23 and 24, is of a flat configuration and can be, for example, a rubber band or strap or the like. The spring element 73 as a result of its material is elastic and effects contraction of the cable assembly 61 when the force that is acting on the cable assembly 61 is reduced).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Thompson to incorporate the teachings of Weinig of wherein the flexible cover comprises a plurality of sections disposed adjacent to each other along a length of the flexible cover, and wherein each section from the plurality of sections contracts or expands as the lifeline retracts or extends, respectively in order to have the flexible cover contract and expand depending on the varying length of the lifeline.
Regarding claim 9, Thompson as modified teaches of claim 8, but does not appear to teach of further comprising an end wall disposed proximal to the lifeline end and fixedly coupled to the lifeline, wherein the end wall is connected to the section disposed proximal to the lifeline end, and wherein the end wall defines an end wall opening at least partially and slidably receiving the lifeline therethrough.
Weinig teaches of (figs. 19 and 23) further comprising an end wall (wall by section 68) disposed proximal to the lifeline end (vertical edge wall at section 68 is proximal to the lifeline end) and fixedly coupled to the cable (73) (fig. 20, ¶0073, cable 73 is guided in the flexible cover 63 and the cable 73 would be fixedly coupled to the end wall such that the movement of cable contracts and expands the flexible cover 63) wherein the end wall is connected to the section disposed proximal to the lifeline end, and wherein the end wall defines an end wall opening (opening into space 70) at least partially and slidably receiving the lifeline therethrough (seen in figs. 21-23, ¶0073-0074, end wall at section 68 would look the same as section 69 in fig. 23).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Thompson to incorporate the teachings of Weinig of further comprising an end wall disposed proximal to the lifeline end and fixedly coupled to the lifeline, wherein the end wall is connected to the section disposed proximal to the lifeline end, and wherein the end wall defines an end wall opening at least partially and slidably receiving the lifeline therethrough in order to securely attach to the lifeline and can contract and expand according to movement of the lifeline.
Regarding claim 10, Thompson as modified teaches of claim 8, but does not appear to teach of wherein the section disposed adjacent to the housing is fixedly coupled to the housing.
Weinig teaches of (fig. 21) wherein the section disposed adjacent to the housing is fixedly coupled to the housing (¶0073, figs. 1 and 19, first end section 69 is secured to fastening means 13, which is connected to housing 4).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Thompson to incorporate the teachings of Weinig of wherein the section disposed adjacent to the housing is fixedly coupled to the housing in order to keep the flexible cover in the correct placement.
Regarding claim 11, Thompson as modified teaches of claim 8, but does not appear to teach of wherein each section has a pair of adjoining frustoconical portions tapering away from each other.
Weinig teaches of (annotated fig. 1 below) wherein each section has a pair of adjoining frustoconical portions tapering away from each other (bold lines show the frustoconical portions tapering away from each other).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Thompson to incorporate the teachings of Weinig of wherein each section has a pair of adjoining frustoconical portions tapering away from each other in order to have accordion-like folds and sections in which the flexible cover can contract and expand due to varying lengths of the lifeline.
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Annotated Fig. 1: Fig. 21 of Weinig
Regarding claim 22, Thompson teaches of claim 1, but does not appear to teach of wherein the flexible cover is configured to reset a unit that is locked as the lifeline retracts relative to the housing.
Weinig teaches of (figs. 27-28) wherein the flexible cover (sheath 83 is able to flex to an expanded state) is configured to reset a unit that is locked (¶0076, sheath 83 has elasticity to reset to its rest state such that it resets the unit of cable assembly 81 to its rest state after the force that puts the unit in a locked state is reduced) as the cable (securing element 82) retracts relative to the housing (fig. 1, housing 4) (a reduction of force holding the device in a locked state would lead to the flexible cover 83 acting on the cable 82 to retract the cable 20 relative to the housing 4).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Thompson to incorporate the teachings of Weinig of wherein the flexible cover is configured to reset a unit that is locked as the lifeline retracts relative to the housing in order to automatically have the device return to its rest state such that it can be easily and quickly used again.
Claims 12-14 are rejected under 35 U.S.C. 103 as being unpatentable over Thompson as applied to claim 8 above, and further in view of Gronert et al. (US 4791963), hereinafter Gronert.
Regarding claim 12, Thompson as modified teaches of claim 8, but does not appear to teach of further comprising a plurality of walls, wherein each wall from the plurality of walls is disposed at a junction between corresponding adjacent sections from the plurality of sections, wherein each wall is connected to the corresponding adjacent sections, and wherein each wall comprises a wall opening at least partially and slidably receiving the lifeline therethrough.
Gronert is in the field of tubes with folds and teaches of (fig. 8) further comprising a plurality of walls (plurality of lateral braces 41 abut against flute valleys of the tube), wherein each wall from the plurality of walls is disposed at a junction between corresponding adjacent sections from the plurality of sections (the lateral braces are in the flute valley junctions and can be placed in every flute valley of each section), wherein each wall (41) is connected to the corresponding adjacent sections (walls 41 can be placed in every flute valley in each corresponding adjacent sections), and wherein each wall comprises a wall opening (central aperture 44) at least partially and slidably receiving the cable (cable 39) therethrough (cable 39 is able to slide through the central aperture 44).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Thompson to incorporate the teachings of Gronert of further comprising a plurality of walls, wherein each wall from the plurality of walls is disposed at a junction between corresponding adjacent sections from the plurality of sections, wherein each wall is connected to the corresponding adjacent sections, and wherein each wall comprises a wall opening at least partially and slidably receiving the lifeline therethrough in order to hold the cable in the neutral plane and be arranged coaxially to the tube axis such that it would not interact with the internal surfaces of the flexible cover.
Regarding claim 13, Thompson as modified teaches of claim 12, and Gronert further teaches of (fig. 8) wherein the plurality of walls (41) is enclosed by the plurality of sections (seen in fig. 8).
Regarding claim 14, Thompson as modified teaches of claim 12, and Gronert further teaches wherein each wall is disc-shaped (fig. 8, wall 41 is flat and extends radially like a disc).
Claims 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Thompson in view of Boraas (US 20200030644).
Regarding claim 18, Thompson teaches of claim 1, but does not appear to teach of further comprising a lifeline stop coupled to and disposed around the lifeline, wherein the lifeline stop is received within the flexible cover, and wherein the lifeline stop engages with the housing in the retracted state of the lifeline, such that the lifeline is restricted from further retraction into the housing.
Boraas teaches of (fig. 4) further comprising a lifeline stop (sleeve assembly 80 can be used to stop the cable 20 from retracting further) coupled to and disposed around the lifeline (cable 20) (seen in fig. 4), wherein the lifeline stop (80) is received within the cover (figs. 5-6, ¶0024, sleeve assembly 80 can be positioned within through-passage 69), and wherein the lifeline stop engages with the housing in the retracted state of the lifeline, such that the lifeline is restricted from further retraction into the housing (¶0021, the sleeve assembly 80 along with shroud 60 serves as a “bumper” to prevent cable 20 from entering a housing in the event that cable 20 is retracted into the housing).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Thompson to incorporate the teachings of Boraas of further comprising a lifeline stop coupled to and disposed around the lifeline, wherein the lifeline stop is received within the flexible cover, and wherein the lifeline stop engages with the housing in the retracted state of the lifeline, such that the lifeline is restricted from further retraction into the housing in order to prevent the cable from fully retracting into the housing and making it difficult to hold and extend the cable outside the housing.
Regarding claim 19, Thompson as modified teaches of claim 18, and (fig. 3) wherein the housing (51) comprises a housing opening (bottom opening for lifeline 52), wherein the lifeline extends through the housing opening (seen in fig. 3), and wherein the housing opening has maximum width smaller than a maximum width of the lifeline stop (as modified by Boraas, the lifeline stop servers as a “bumper” to the housing in which the housing opening has a maximum width smaller than a maximum width of the lifeline stop).
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Thompson as applied to claim 8 above, and further in view of Lopez (US 20220176173).
Regarding claim 20, Thompson as modified teaches of claim 18, but does not appear to teach of wherein the lifeline stop has an elliptical cross-section.
Lopez teaches of (fig. 9) an elliptical cross-section on a fall-protection device (energy absorber 402 has an elliptical cross-section).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Thompson to incorporate the teachings of Lopez of using an elliptical cross-section that can be applied to a lifeline stop in order to use a shape that tapers at the top and bottom to reduce air drag and have a smoother movement
It would have been an obvious matter of design choice to make the different portions of the fall-protection device such as the lifeline stop of whatever form or shape was desired or expedient in order to change the air drag and friction of the components and to change the aesthetics based on the user’s preference. A change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. In re Dailey et al., 149 USPQ 47.
Conclusion
The cited references made of record in the contemporaneously filed PTO-892 form and not relied upon in the instant office action are considered pertinent to applicant's disclosure, and may have one or more of the elements in Applicant’s disclosure and at least claim 1.
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/ZOE TAM TRAN/ Examiner, Art Unit 3647