DETAILED ACTION
This Office action is a reply to the amendment filed on 6/11/2026. Currently, claims 1, 3-13 and 16-17 are pending. Claims 2 and 14-15 have been cancelled. No claims have been withdrawn. New claims 16-17 have been added.
Drawings
The Replacement Drawings filed on 6/11/2026 are acceptable for examination.
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(s) 16-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kzeer et al. (US 20230021139) (‘Kzeer’) in view of Carroll (US 20020100244)
Claim 16, Kzeer teaches a swivel anchor, comprising
a handle 170;
a central rod 110 extending from the handle (Fig. 6) and comprising a threaded region (110 is threaded; Figs. 1-6);
a swivel ring (130, 150, 160) slidable and rotatable on the central rod ([0025]; the swivel ring is suitable to slide and rotate on the central rod; Figs. 1-6);
a nut 140 configured to engage the threaded region to secure the swivel ring against a top side of a deck (to secure the swivel ring against a top side of a deck 15; Figs. 1-6); and
an anchor bar 120 coupled to the central rod (120 is coupled to 110; Figs. 1-6), and is retainable against an underside of the deck while the swivel ring is tightened against the top side of the deck (Figs. 2-3).
Kzeer does not teach the anchor bar coupled to the central rod pivotably, and movable between a collapsed position in which the anchor bar is aligned with the central rod for insertion through an opening in the deck, and an anchoring position in which the anchor bar extends transversely relative to the central rod.
However, Carroll teaches a safety anchor, comprising a central rod 104 and an anchor bar (106, 108) pivotably coupled to the central rod (Figs. 1-3), and movable between a collapsed position in which the anchor bar is aligned with the central rod for insertion through an opening in the deck (collapsed position; see directional arrows in Fig. 3), and an anchoring position in which the anchor bar extends transversely relative to the central rod (installed position; see directional arrows in Fig. 3) and is retainable against an underside of a deck 102 while a swivel ring 126 is tightened against a top side of the deck (Figs. 1-3). 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 pivotably coupling the anchor bar to the central rod such that the anchor rod is movable between a collapsed position in which the anchor bar is aligned with the central rod for insertion through an opening in the deck, and an anchoring position in which the anchor bar extends transversely relative to the central rod and is retainable against an underside of the deck while the swivel ring is tightened against the top side of the deck.
Claim 17, as modified above, the combination of Kzeer and Carroll teaches all the limitations of claim 16, and further teaches wherein in the collapsed position the anchor bar extends longitudinally relative to the central rod (Carroll in the collapsed position, the anchor bar 106, 108 extends longitudinally along and relative to the central rod 104; Figs. 1-3).
Allowable Subject Matter
1 and 3-13 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: the prior art of record, specifically Kzeer et al. (US 20230021139) (‘Kzeer’) and Carroll (US 20020100244) do not teach, alone or in combination, all the elements and features of the claimed invention as a whole, including inter alia:
the anchor bar comprising a generally tubular body having a channel beginning near a center of the tubular body and extending outwardly toward an open end of the tubular body, wherein in the first, vertical position the central rod is received within the channel and the anchor bar extends longitudinally relative to the central rod, and wherein in the second, horizontal position the anchor bar extends transverse to the central rod, as recited in amended claim 1; and
the anchor bar comprising a generally tubular body, the channel beginning near a center of the tubular body and extending outwardly toward an open end of the tubular body, wherein in the first, vertical position the anchor bar extends longitudinally relative to the central rod, and wherein in the second, horizontal position the anchor bar extends transverse to the central rod, as recited in amended claim 8.
Claims 3-7 depend directly or indirectly from claim 1. Claims 9-13 depend directly or indirectly from claim 8. It would have been beyond the level of ordinary skill to combine or modify Kzeer, Carroll or any other cited prior art reference of record to arrive at the claimed invention.
Response to Arguments
Applicant’s arguments, see remarks, filed with respect to the rejection of claims 1-3 and 6-9 over Kzeer et al. (US 20230021139) (‘Kzeer’) in view of Carroll (US 6779316), in light of the claim amendments filed on 6/11/2026 have been fully considered and are persuasive. The rejection of claims 1-3 and 6-9 has been withdrawn. As such, the rejection of claims 4-5 and 10-11 over Kzeer, Carroll and further in view of Curtin (US 20040035993) has been withdrawn.
Applicant’s arguments with respect to claim(s) 16-17 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Applicant has added the claims as new claims in the amendment filed on 6/11/2026. The new claims have a different, broader scope than those of amended independent claims 1 and 8. As such, claims 16-17 are addressed in this instant Office action.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 JAMES M FERENCE whose telephone number is (571)270-7861. The examiner can normally be reached M-F 7-4pm.
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JAMES M. FERENCE
Primary Examiner
Art Unit 3635
/JAMES M FERENCE/Primary Examiner, Art Unit 3635