DETAILED ACTION
This Office action follows the Restriction Requirement set forth on 1/5/2026 and is responsive to applicant’s reply filed on 3/3/2026. Currently, claims 1-15 are pending.
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 .
Election/Restrictions
Applicant’s election without traverse of Invention I, including claims 1-13 in the reply filed on 3/3/2026 is acknowledged.
Claims 14-15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 3/3/2026.
Drawings
The drawings are objected to because of the following informalities:
Figs. 1, 4, 8, 11, 14 and 15 each have black shaded portions (see annotated Fig. 1 shown below) that renders part or all of the drawing illegible when reproduced. 37 CFR 1.84(l) (m) and (p)(1). 37 CFR 1.84(l) recites, “[a]ll drawings must be made by a process which will give them satisfactory reproduction characteristics. Every line, number, and letter must be durable, clean, black (except for color drawings), sufficiently dense and dark, and uniformly thick and well-defined. The weight of all lines and letters must be heavy enough to permit adequate reproduction. This requirement applies to all lines however fine, to shading, and to lines representing cut surfaces in sectional views. Lines and strokes of different thicknesses may be used in the same drawing where different thicknesses have a different meaning.” Applicant is requested to submit replacement drawings that do not have the black shaded portions, but instead are black lines on a white background, similar to the format of the remaining drawing figures.
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Annotated Fig. 1 of the instant application (US 18/658,498)
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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 7, 11 and 13 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 7, “offset from center” is indefinite because “center” lacks antecedent basis. Note that a center is not previously recited in the claim, and that the limitation lacks a point of reference, as it is unclear what center is relative to in the claim. For examination purposes, the limitation was treated as a center of the anchor bar. See also claim 13.
Claim 11, “roof decking” is indefinite because the limitation lacks antecedent basis. This rejection can be overcome by reciting, “a roof deck” or equivalent.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-3, 6-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kzeer et al. (US 20230021139) (‘Kzeer’) in view of Carroll (US 6779316).
Claim 1, Kzeer teaches a swivel anchor, comprising:
a handle 170;
a central rod 110 extending substantially perpendicular to the handle (Fig. 2);
a nut 140 slidable on the central rod and configured to threadably engage with a threaded region on the central rod (Figs. 1-6);
a swivel ring (130, 150, 160) configured to be slidable and rotatable on the central rod ([0025]; it is understood that the swivel ring portion 150 is suitable to slide along a length of the central rod 110, for example during installation, and is suitable to rotate about a central axis of the central rod 110; Figs. 1-6); and
an anchor bar 120 coupled to an end of the central rod opposite the handle (Figs. 1-6).
Kzeer does not teach the anchor bar being pivotable between a first, vertical position and a second, horizontal position.
However, Carroll teaches a safety anchor comprising an anchor bar (106, 108, collectively) coupled to an end of a central rod (lower end of 104; Figs. 1-7d) opposite a handle 110, wherein the anchor bar is pivotable between a first, vertical position (Fig. 7a) and a second, horizontal position (Fig. 7d). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the swivel anchor by forming the anchor bar being pivotable between a first, vertical position and a second, horizontal position, with the reasonable expectation of success of using a known configuration of an anchor bar to impinge against an interior of a roof to prevent the anchor from being pulled back out from the roof (Carroll col. 2, lines 23-35).
Claim 2, as modified above, the combination of Kzeer and Carroll teaches all the limitations of claim 1, and further teaches wherein the anchor bar comprises a channel configured to receive the central rod when in the first, vertical position (Carroll see channel of 106, 108 in Figs. 2 and 4).
Claim 3, Kzeer further teaches wherein the swivel ring comprises an anchor ring (it is understood that swivel ring portion 150 constitutes an anchor ring; Figs. 1-6).
Claim 6, as modified above, the combination of Kzeer and Carroll teaches all the limitations of claim 1, and further teaches wherein the anchor bar further comprises a solid, weighted end (in both Kzeer and Carroll, under the basic properties of materials, the anchor bars each have an end portion that comprises a weight, and thus each of Kzeer and Carroll teach a solid, weighted end; Kzeer solid, weighted end of 120; Carroll solid, weighted end of 106, 108).
Claim 7, as modified above, the combination of Kzeer and Carroll teaches all the limitations of claim 1, and further teaches wherein a pivot point of the anchor bar is offset from center (Carroll; under the broadest reasonable interpretation, pivot point 220 on the anchor bar is located at the exterior perimeter of 106, 108, as opposed to a center point in the middle of 106, 108, as exceedingly broadly claimed; Fig. 2).
Claim 8, Kzeer teaches a swivel anchor, comprising:
a handle 170 configured to couple perpendicularly to a central rod 110 at a first end of the central rod ([0021]; Figs. 1-6), the central rod comprising a threaded region 117 at a second end (Figs. 1-6);
a nut 140 slidable on the central rod and configured to threadably engage with a threaded region on the central rod (Figs. 1-6);
a swivel ring (130, 150, 160) configured to be slidable and rotatable on the central rod ([0025]; it is understood that the swivel ring portion 150 is suitable to slide along a length of the central rod 110, for example during installation, and is suitable to rotate about a central axis of the central rod 110; Figs. 1-6); and
an anchor bar 120 coupled to the second end of the central rod (Figs. 1-6), wherein the anchor bar is configured to pivot between a first, vertical position, and a second, horizontal position.
Kzeer does not teach the anchor bar being pivotably coupled to the second end of the central rod, and the anchor bar comprising a channel configured to receive the central rod when in the first, vertical position.
However, Carroll teaches a safety anchor comprising an anchor bar (106, 108, collectively) coupled to a second end of a central rod (lower end of 104; Figs. 1-7d) opposite a handle 110, wherein the anchor bar is pivotable between a first, vertical position (Fig. 7a) and a second, horizontal position (Fig. 7d), and a channel (channel of 106, 108; Figs. 2 and 4) configured to receive a central rod when in the first, vertical position (Fig. 7a). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the swivel anchor by forming the anchor bar being pivotable between a first, vertical position and a second, horizontal position, and such that the anchor bar comprises a channel configured to receive the central rod when in the first, vertical position, with the reasonable expectation of success of using a known configuration of an anchor bar to fit through an opening in the roof and to impinge against an interior surface of the roof to prevent the anchor from being pulled back out from the roof (Carroll col. 2, lines 23-35).
Claim 9, Kzeer further teaches wherein the swivel ring comprises an anchor ring (it is understood that swivel ring portion 150 constitutes an anchor ring; Figs. 1-6).
Claim 6, as modified above, the combination of Kzeer and Carroll teaches all the limitations of claim 8, and further teaches wherein the anchor bar further comprises a solid, weighted end (in both Kzeer and Carroll, under the basic properties of materials, the anchor bars each have an end portion that comprises a weight, and thus each of Kzeer and Carroll teach a solid, weighted end; Kzeer solid, weighted end of 120; Carroll solid, weighted end of 106, 108).
Claim 7, as modified above, the combination of Kzeer and Carroll teaches all the limitations of claim 8, and further teaches wherein a pivot point of the anchor bar is offset from center (Carroll; under the broadest reasonable interpretation, pivot point 220 on the anchor bar is located at the exterior perimeter of 106, 108, as opposed to a center point in the middle of 106, 108, as exceedingly broadly claimed; Fig. 2).
Claim(s) 4-5 and 10-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kzeer et al. (US 20230021139) (‘Kzeer’) in view of Carroll (US 6779316) as above and further in view of Curtin (US 20040035993).
Claims 4-5, Kzeer further teaches the swivel ring comprising a base member 130 configured to abut a top portion of the anchor bar (Kzeer Fig. 5; it is understood that the base member 130 is suitable to abut a top portion of the anchor bar 120, when positioned lower down the threads of central rod 110). Kzeer does not teach wherein the anchor bar comprises machined grooves on a top surface, and does not teach the swivel ring base member configured to abut the machined grooves. However, Curtin teaches a roof anchor, comprising an anchor bar 5 comprising machine grooves 12 on a top surface (Figs.1-7). Curtin teaches use of the grooves to facilitate gripping ([0010], [0021]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the swivel anchor such that the anchor bar comprises machined grooves on a top surface, such that the swivel ring base member is configured to abut the machined grooves, with the reasonable expectation of success of further facilitating gripping on an inside surface of the roof.
Claims 10-11, Kzeer further teaches the swivel ring comprising a base member 130 configured to abut a top portion of the anchor bar (Kzeer Fig. 5; it is understood that the base member 130 is suitable to abut roof decking 102 interposed between the base member and the anchor bar 120, when positioned lower down the threads of central rod 110). Kzeer does not teach wherein the anchor bar comprises machined grooves on a top surface. However, Curtin teaches a roof anchor, comprising an anchor bar 5 comprising machine grooves 12 on a top surface (Figs.1-7). Curtin teaches use of the grooves to facilitate gripping ([0010], [0021]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the swivel anchor such that the anchor bar comprises machined grooves on a top surface, such that the swivel ring base member is configured to abut roof decking interposed between the base member and the machined grooves with the reasonable expectation of success of further facilitating gripping on an inside surface of the roof.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES M FERENCE whose telephone number is (571)270-7861. The examiner can normally be reached M-F 7-4pm.
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, Brian Mattei can be reached at 571-270-3238. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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JAMES M. FERENCE
Primary Examiner
Art Unit 3635
/JAMES M FERENCE/Primary Examiner, Art Unit 3635