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 .
Claim Objections
Claims 1, 2, and 10 are objected to because of the following informalities:
Claim 1 recites “the net is configured to have a desired emergency load factor” in line 7. In the context of the disclosure, this limitation is understood to require a net configuration including an emergency load factor of at least nine as compared to an operational load, but the term “desired” should be deleted to ensure appropriate clarity and consistency.
Claim 2 recites “the node” in each of lines 1 and 2. It is recommended that these limitations be amended to recite --the respective node-- to ensure appropriate clarity and consistency.
Claim 10 recites “the strands”, but the strands are not previously introduced. A recommended correction is to recite a limitation such as --a plurality of strands-- or similar to ensure adequate antecedent basis.
Appropriate correction is required.
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, 3, 9, and 11-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wienke (U.S. Patent Application Publication No. 2011/0176883).
Regarding claim 1, Wienke discloses a 9G cargo barrier net [FIG. 3] (it is noted that the term “9G” is inherently met by the cargo barrier net of Wienke, as an operational load required for the net is not specified in the claims or the disclosure; the net therefore inherently qualifies as a “9G” net for a load that is at least 9 times lower than the maximum load capacity of the net), comprising: polymer ropes (paragraph 0047 discloses the use of ropes and a UHMWPE yarn, which is disclosed in the instant application as a polymer rope) being connected at nodes (at 400) to form a net body [FIG. 3], one or more ends of the ropes being attachable to a respective plurality of attachment points (at 500, 900) on an interior of an aircraft (paragraph 0014 discloses use in an aircraft); and one or more node locks (400), each of the one or more node locks being installed on a respective node to reduce relative movement of the ropes at the node (paragraph 0043 discloses that the ropes are connected using fixation means 400, which reads on the claimed node locks), wherein the net is configured to have a desired emergency load factor of at least nine as compared to operational load (as the operational load is not specified in the claims, the net inherently has a desired emergency load factor of at least nine as compared to an operational load that is at least nine times less than a maximum load rating of the net).
Regarding claim 3, Wienke discloses that the one or more node locks are configured as ties (paragraph 0036 discloses that the node locks 400 are provided as stitching, which reads on the term “ties” given a broadest reasonable interpretation; the term “tie” is defined as “a line, ribbon, or cord used for fastening, uniting, or drawing something closed” or “something that serves as a connecting link” per https://www.merriam-webster.com/dictionary/tie).
Regarding claim 9, Wienke discloses that the polymer ropes comprise 12-strand woven coreless rope (paragraph 0047 discloses the use of Dyneema SK75 UHMWPE ropes, which are disclosed in the instant application as an example of a 12-strand woven coreless rope; Dyneema SK75 is a known 12 strand rope as evidenced by the Dyneema website https://dynamica-ropes.com/products/sk75/).
Regarding claim 11, Wienke discloses organizational webbing (paragraph 0020 discloses that the net may include webbing, which reads on “organizational webbing” given a broadest reasonable interpretation).
Regarding claim 12, Wienke discloses that the net body is configured to have square openings [FIG. 3].
Regarding claim 13, Wienke discloses that at a first node a first rope is passed through a center of a second rope and wherein at a second node, immediately adjacent to the first node, a third rope is passed through a center of the first rope (as shown in Figure 3, at least three ropes are provided, wherein the first vertical rope reads on the first rope and passes through a center of the first horizontal rope corresponding to the second rope, at a first node at the top left of the net; a second node is defined below said first node where the lower horizontal rope corresponding to the third rope passes through a center of the first rope).
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 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Wienke (U.S. Patent Application Publication No. 2011/0176883) in view of Andersson (U.S. Patent No. 6,263,547).
Regarding claims 2 and 10, Wienke discloses that the one or more node locks are fed through the node (the node locks 400 are disclosed as stitching that is inserted into the nodes) but does not disclose that they are closed on an exterior of the node of that the split the strands of each rope into two equal groups.
Nonetheless, Andersson discloses a node lock that is fed through a node and closed on an exterior of the node (the node lock 11 includes a fastener 14 that is fed through the node, wherein an opposite end of the node lock is closed as shown in Figure 5); wherein the strands of each respective rope (10) at the node are split into two equal groups and the node lock is installed by feeding the node lock between the two groups [FIG. 6].
Thus, 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 the node lock of Wienke to have the configuration taught by Andersson, in order to provide a more secure and durable connection at the nodes, and to allow for easier removal of the node lock or adjustment after installation.
Claims 4-6 are rejected under 35 U.S.C. 103 as being unpatentable over Wienke (U.S. Patent Application Publication No. 2011/0176883) in view of Weingarten (U.S. Patent No. 3,897,919).
Regarding claims 4-6, Wienke discloses the net having two or more ropes and a net body, wherein the ends of the ropes are arranged in groups of two or more, but does not disclose webbing.
Nonetheless, Weingarten discloses a cargo net including ropes (26, 27; column 3, line 55-column 4, line 2), and at least one webbing (29) connected to and extending transversely across two or more of the ropes [FIG. 3],; wherein the ends of the ropes are arranged in groups, each group having at least one respective webbing (29) connected to and extending transversely across the ropes of the group [FIG. 3], and further comprising a further webbing (34a-34f, 35a-35f, 42, 43) connected to and extending from the net body to one of the at least one webbing [FIG. 3].
Thus, 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 the net of Wienke to include the webbings and connections taught by Weingarten, in order to ensure reliable transfer of force across the net, and to provide additional reinforcement for the net at the connection points of the net body to the surrounding structure.
Claims 7 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Wienke (U.S. Patent Application Publication No. 2011/0176883) in view of Marszalek (U.S. Patent No. 8,714,230).
Regarding claims 7 and 8, Wienke discloses the net body, but does not disclose a debris mesh.
Nonetheless, Marszalek discloses a barrier net comprising a debris mesh (20) extending over at least a portion of a net body (defined by webbing 40; shown in at least Figures 2, 7, and 8), wherein the debris mesh is used to store the net against a ceiling (this limitation constitutes a recitation of intended use; the mesh 20 is capable of being used to store the net against a ceiling and therefore meets the requirements of the limitation).
Thus, 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 the net body of Wienke to include the mesh taught by Marszalek, in order to improve the security of the net and to allow for retention of smaller objects that may otherwise be able to pass through the openings of the net.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ABE L MASSAD whose telephone number is (571)272-6292. The examiner can normally be reached M-F 7:30-4:00.
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/ABE MASSAD/Primary Examiner, Art Unit 3634
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