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 .
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
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.
Claim(s) 1-7, 9, and 10 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Everette US 2011/0258815.
Regarding claim 1, Everette discloses a rope brake (Everette, Figure 1) for securing falling people or objects, wherein the rope brake is fastened in a belay point, the rope brake comprising: a guide element (5) designed to guide a belay rope; and a deflection element (11), which has a fastening section (1) and a braking section (11e) and is movably mounted (at 15), wherein the belay rope is guided through between the guide element and the deflection element (Everette, Figure 6A), wherein the rope brake further has a stop (7) configured to limit the movement of the deflection element, the stop is arranged such that the distance between the deflection element and the guide element is always larger than the diameter of the belay rope (Everette, Figure 6A), and the deflection element and the guide element are arranged relative to one another such that the belay rope touches both the guide element and the braking section in a loaded state (Everette, Figures 6A and 6B).
Regarding claim 2, Everette further discloses the deflection element being rotatably mounted on the rope brake about a pivot point (at 15).
Regarding claim 3 and 4, Everette further discloses the rope brake having a second element (4) arranged such that in the event of a fall into the rope brake itself the belay rope rubs against the guide element in the loaded state, the braking section and the second element (Everette, Figures 6A and 6B).
Regarding claim 5, Everette further discloses the deflection element and the second element being arranged such that the distance between the braking section and the second element is always larger than the diameter of the rope (Everette, Figures 6A and 6B).
Regarding claim 6, Everette further discloses the rope brake having an opening element (10) which is configured to exert a force on the deflection element such that the distance between the braking section and the guide element is enlarged (Everette, ¶0086).
Regarding claim 7, Everette further discloses the rope brake can be opened in at least one place (at 15).
Regarding claim 9, Everette further discloses the positions of the deflection element and the guide element are adjustable in relation to one another (in that the deflection element rotates, changing the position of the deflection element relative to the guide element) (Everette, Figures 6A and 6B).
Regarding claim 10, Everette further discloses the rope break having a second stop (6) configured to limit the movement of the deflection element wherein the second stop is arranged such that the distance between the fastening section and the guide element is always greater than the diameter of the belay rope.
Allowable Subject Matter
Claim 8 is 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: Everette discloses the deflection element as a uniform piece with the distance between the fastening section and braking section being fixed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: EP 2554219.
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/KRISTEN C HAYES/Primary Examiner, Art Unit 3642