DETAILED ACTION
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.
Claims 1-4 and 6-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Stibilj (WO2016015104).
1. A harness (Figs. 4-7) comprising: a connector (12, Figs. 4 and 5) including a base having a first base opening (24.1) and a second base opening (24.2); a first strap (between 60 to 62.1)) including a first loop (60, [0089]: “Fastening strips 60 are stitched to the straps 58, at each engagement zone 22, 26 and on each side of the associated slot 24, 28 to secure the straps to the dorsal member 12”) extending through the first base opening (24.1) and coupled to the connector (12); a second strap (between 60 and 62.2) including a second loop (60) extending through the second base opening (24.2, Fig. 5) and coupled to the connector (12); and a web ([0089]: “The webbing 54 includes two straps 58.1 , 58.2 that are fastened to the dorsal member 12 to overlie the paths 38. In this example, the straps 58 are received through the slots 24, 28. Fastening strips 60 are stitched to the straps 58, at each engagement zone 22, 26 and on each side of the associated slot 24, 28 to secure the straps to the dorsal member 12”) that is coupled to the first strap and the second strap ([0095]: “In this example, connectors, such as stud connectors 74 are arranged on the strips 60 and the straps 58 so that the strips 60 can be clipped to, or undipped from, the straps 58”), wherein the web (54: 58.1, 58.2) is positioned at least partially behind the connector ([0088]: ”The support device 40 includes webbing 54 that is fastened to a back surface 56 of the dorsal member 12”).
2. The harness of claim 1, wherein the web (54) is X-shaped (see Figs 4 and 5).
3. The harness of claim 1, wherein the first strap comprises an upper portion and a lower portion and the second strap comprises an upper portion and a lower portion, wherein the web (54, Figs. 4 and 5) is coupled to the upper portions (between each 60 and 62.1 and 62.2 in Figs. 4 and 5) and the lower portions (between each 60 and 63.1 and 63.2) of each of the first strap and the second strap ([0089]: “The webbing 54 includes two straps 58.1 , 58.2 that are fastened to the dorsal member 12 to overlie the paths 38. In this example, the straps 58 are received through the slots 24, 28. Fastening strips 60 are stitched to the straps 58, at each engagement zone 22, 26 and on each side of the associated slot 24, 28 to secure the straps to the dorsal member 12”).
4: The harness of claim 1, wherein the web (54) comprises a first portion (58.1) and a second portion (58.2), wherein the first portion of the web is coupled to the first strap (at 60) and wherein the second portion of the web is coupled to the second strap (at 60, see Figs. 4 and 5, also ([0091]: “The loop connectors 62 allow straps of a fall arrest harness to be connected to the straps 58 so that the fall arrest harness can be connected to the support device 40”).
6: The harness of claim 4, wherein the first portion or the second portion crosses over the other of the first portion or the second portion ([0093]: “The inventor envisages that the straps 58 need not cross over, as shown in the drawings. Instead, the straps could extend parallel to each other between appropriately oriented slots or by means of some other fastening arrangement”).
7: The harness of claim 1, wherein the connector comprises a safety device interface (226, Figs. 18 and 19) positioned on a front side of the connector and extending away from the base (note that the safety device interface 226 appears to extend outwardly from loop 224 in Figs. 18 and 19), the safety device interface configured to engage a first safety device so as to operatively couple the first safety device to the connector ([0138]: “Instead of two straps 58.1 , 58.2, the support device 220 includes a single strap 222 that extends through the slots 24.1 , 24.2 via a loop 224 in a dorsal D-ring 226. The strap 222 is secured to the dorsal member 12 with the fastening strips 60, as previously described with reference to the support device 40, 70”, also see [0097]: “it is to be understood that components from previous embodiments and these embodiments can be interchanged, where practical, to provide further embodiments of a fall arrest harness”).
8. The harness of claim 1, wherein the first base opening includes an upper first base opening (24.1, Fig. 5) and a lower first base opening (28.1) and the second base opening includes an upper second base opening (24.2) and a lower second base opening (28.2), wherein the upper portion (between 60 and 62.1) and the lower portion (between 60 and 63.1) of the first strap are closed loops received through the upper first base opening (24.1) and the lower first base opening (28.1), respectively, and the upper portion (between 60 and 24.2) and the lower portion (between 60 and 63.2) of the second strap are closed loops received through the upper second base opening (62.2) and the lower second base opening (63.2), respectively ([0089]: “The webbing 54 includes two straps 58.1 , 58.2 that are fastened to the dorsal member 12 to overlie the paths 38. In this example, the straps 58 are received through the slots 24, 28. Fastening strips 60 are stitched to the straps 58, at each engagement zone 22, 26 and on each side of the associated slot 24, 28 to secure the straps to the dorsal member 12”).
9: The harness of claim 1, wherein the web (54: 58.1 and 58.2, Fig. 5) is not directly coupled to the connector ([0095]: “In this example, connectors, such as stud connectors 74 are arranged on the strips 60 and the straps 58 so that the strips 60 can be clipped to, or undipped from, the straps 58”).
10: The harness of claim 1, wherein the web (58.1) is coupled to the first loop of the first strap (at 60 and 24.1) and to the second loop of the second strap. (at 60 and 28.2, see also [0095]: “The connectors 74 can also be configured to attach the strips 60 to the straps 58 in a permanent manner”).
11: The harness of claim 1, wherein the first strap (88.1, Fig. 6) is coupled to the connector by extending through a first upper base opening (24.1) of the connector, extending behind the connector, and extending through a first lower base opening (28.2) of the connector, and wherein the second strap (88.1) is coupled to the connector by extending through a second upper base opening (24.2) of the connector, extending behind the connector, and extending through a second lower base opening (28.2) of the connector ([0100]: “Ends of the straps 88.1 , 88.2 are fastened to respective loop connectors 92.1 , 92.2 thereby securing the support device 10 to the harness 80 in an adjustable manner”, in contrast see [0102]: “In the harness 100, the straps 88.1 , 88.2 are shorter and are connected to the loops 62.1 , 62.2 (figure 5), respectively”).
12: The harness of claim 1, wherein the web (54: 58.1 and 58.2, Figs. 4 and 5) is coupled to the first strap (between 60 and 62.1) by being sewn (just below 62.1 in Fig. 5) to the first strap at a first attachment point and the web is coupled to the second strap by being sewn (just below 62,2) to the second strap at a second attachment point ([0095]: “The connectors 74 can also be configured to attach the strips 60 to the straps 58 in a permanent manner”).
13. The harness of claim 1, wherein the harness has a front and a back, wherein the connector (12, Fig. 5) and the web (54: 58.1 and 58.2) are positioned on the back of the harness (see Figs. 4-7).
14. A harness (Figs. 4-7, 100) configured to be worn on a body of a user for fall protection, the harness comprising: a connector (12, Figs. 4 and 5) including a base having a first base opening (24.1) and a second base opening (24.2); a first strap (88.1, Fig. 6) including a first loop (60 at 24.1) extending through the first base opening (24.1) and coupled to the connector ([0089]: “The webbing 54 includes two straps 58.1 , 58.2 that are fastened to the dorsal member 12 to overlie the paths 38. In this example, the straps 58 are received through the slots 24, 28. Fastening strips 60 are stitched to the straps 58, at each engagement zone 22, 26 and on each side of the associated slot 24, 28 to secure the straps to the dorsal member 12”); a second strap (88.2) including a second loop (60 at 24.2) extending through the second base opening (24.2) and coupled to the connector (12); and a web (54: 58.1 and 58.2) that is coupled to the first strap (between 60 and 62.1) and the second strap (between 60 an 62.2), wherein the web (Fig. 5, 54) is configured to be positioned at least partially between the body of the user and the connector ([0088]: ”The support device 40 includes webbing 54 that is fastened to a back surface 56 of the dorsal member 12”).
15: The harness of claim 14, wherein the web is X-shaped (see Figs. 4 and 5).
16. The harness of claim 14, wherein the first strap comprises an upper portion (between 60 and 62.1) and a lower portion (between 60 and 63.1) and the second strap comprises an upper portion (between 60 and 62.2) and a lower portion (between 60 and 63.2), wherein the web (54: 58.1 and 58.2) is coupled to the upper portions (see stitching) and the lower portions (see stitching) of each of the first strap and the second strap ([0089]: “The webbing 54 includes two straps 58.1 , 58.2 that are fastened to the dorsal member 12 to overlie the paths 38. In this example, the straps 58 are received through the slots 24, 28. Fastening strips 60 are stitched to the straps 58, at each engagement zone 22, 26 and on each side of the associated slot 24, 28 to secure the straps to the dorsal member 12”).
17. The harness of claim 14, wherein the web (54) comprises a first portion (58.1) and a second portion (58.2), wherein the first portion of the web (58.1) is coupled to the first strap (between 60 and 62.1 in Fig. 5), and wherein the second portion of the web is coupled to the second strap (between 60 and 62.2, Fig. 5, ([0089]: “The webbing 54 includes two straps 58.1 , 58.2 that are fastened to the dorsal member 12 to overlie the paths 38. In this example, the straps 58 are received through the slots 24, 28. Fastening strips 60 are stitched to the straps 58, at each engagement zone 22, 26 and on each side of the associated slot 24, 28 to secure the straps to the dorsal member 12”).
18. The harness of claim 14, wherein the connector comprises a safety device interface configured to engage a first safety device so as to operatively couple the first safety device to the connector ([0138]: “Instead of two straps 58.1 , 58.2, the support device 220 includes a single strap 222 that extends through the slots 24.1 , 24.2 via a loop 224 in a dorsal D-ring 226. The strap 222 is secured to the dorsal member 12 with the fastening strips 60, as previously described with reference to the support device 40, 70”, also see [0097]: “it is to be understood that components from previous embodiments and these embodiments can be interchanged, where practical, to provide further embodiments of a fall arrest harness”).
19. The harness of claim 14, wherein the first strap (88.1, Fig. 6) is coupled to the connector by extending through a first upper base opening (24.1) of the connector, extending behind the connector, and extending through a first lower base opening (28.1) of the connector, and wherein the second strap (88.2) is coupled to the connector by extending through a second upper base opening (24.2) of the connector, extending behind the connector, and extending through a second lower base opening (28.2) of the connector.
20. The harness of claim 14, wherein the web (54: 58.1 and 58.2) is coupled to the first strap by being sewn (between 24.1 and 62.1 in Fig. 4) to the first strap at a first attachment point and the web is coupled to the second strap by being sewn (between 24.2 and 62.2) to the second strap at a second attachment point ([0095]: “The connectors 74 can also be configured to attach the strips 60 to the straps 58 in a permanent manner”).
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.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Stabilj (WO2016015104) as applied to claims 1-4 and 6-20 above.
5: Stabilj fails to explicitly disclose the harness of claim 5, wherein the first portion is positioned at an angle relative to the second portion, wherein the angle is at least 35 degrees and up 55 degrees. However, per MPEP 2144.05.I: “a prima facie case of obviousness exists where the claimed ranges or amounts do not overlap with the prior art but are merely close”. Accordingly, 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 portion is positioned at an angle relative to the second portion, wherein the angle is at least 35 degrees and up 55 degrees in the harness of Stabilj since Stabilj discloses a range that, if not anticipating, is clearly close to the claimed range.
Response to Arguments
Applicant's arguments filed 7 July 2026 have been fully considered but they are not persuasive.
Applicant initially argues that Stibilj fails to disclose the first and second loops extending through the first and second base openings respectively according to amended claim 1. However, as shown in Figs. 4 and 5 of Stibilj, the loops, at 60, extend through the openings 24.1 and 24.2. Below is a schematic representation of the loop disclosed in Fig. 5 of Stibilj:
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Applicant next alleges that Stibilj is silent as to the straps (58.1, 58.2, 88.1, 88.2) including a loop and/or including a loop extending through the slots (24.1, 24.2). However, Stibilj discloses at [0089]: “The webbing 54 includes two straps 58.1 , 58.2 that are fastened to the dorsal member 12 to overlie the paths 38. In this example, the straps 58 are received through the slots 24, 28. Fastening strips 60 are stitched to the straps 58, at each engagement zone 22, 26 and on each side of the associated slot 24, 28 to secure the straps to the dorsal member 12”. Further, at [0095]: “The connectors 74 can also be configured to attach the strips 60 to the straps 58 in a permanent manner” and also see [0099]: “The harness 80, 100 has two straps 88.1 , 88.2 configured for operative engagement with the wearer's shoulders. In figure 6, the straps 88.1 pass through the slots 24.1 , 28.1 and 24.2, 28.2, respectively, and overlie the paths 38, in the manner described above.” Thus, Stibilj shows and describes the features of amended independent claim 1, and similarly, amended independent claim 14.
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.
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/BAP/Examiner, Art Unit 3634
/GREGORY J STRIMBU/Primary Examiner, Art Unit 3634
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