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 7-9 objected to because of the following informalities:
Claim 7, line 2, it appears “and are” should be “that is”
Claim 8, it appears lines 2-3 should read “tubes, which can be releasably fastened to the arms both via a short side of the rectangular tubes, and a long side of the rectangular tubes”
Claim 9, line 3, it appears “and end” should be “an end”.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim(s) 1-2, 4-5 and 11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Reiter (EP 1808553).
Reiter discloses:
1. A weight base (figure 1) for a mobile stop device for securing a person at risk of falling, the weight base comprising:
a base body with a plurality of arms (5s,7s, figure 1) arranged at an angle to one another (figure 1) and weights (2, figure 3) as a load,
wherein:
the weights (2) are accommodated at least in sections in the arms (figure 3),the sections of the arms are each in a U-shaped (5 and 7 are both u-shaped formation; figure 3), T-shaped, or double-T-shaped or have a tubular cross-section.
2. The weight base according to claim 1, wherein the arms (5s and 7s) are each U-shaped (figure 3), T-shaped, or double-T-shaped or have a tubular cross section in an end section and the weights (2) are received in the arms in the end sections (figure 3).
4. The weight base according to claim 1, wherein the weights (2) received in the arms are fixed in position in the arms by fasteners (screws 12 hold end piece 8 in position which holds weights 2 in place in the arms).
5. The weight base according to claim 1, wherein each arm forms a stop (5) for the weights received in the arm (figure 2).
11. The weight base according to claim 1, wherein the base body has at least four arms (figure 1) which are arranged in a common plane and/or at a same angular distance from one another (figure 1).
Claim(s) 1 and 12-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Grun Arbeitsschutz GmbH (DE 202018000549 U1).
Grun Arbeitsschutz GmbH disclose:
1. A weight base (1, figure 1) for a mobile stop device for securing a person at risk of falling, the weight base comprising:
a base body with a plurality of arms (6; 13, 14; figures 2, 6) arranged at an angle to one another (figure 1) and weights (11) as a load (figure 1),
wherein:
the weights (11) are accommodated at least in sections in the arms (figure 1),the sections of the arms are each in a U-shaped (figure 6), T-shaped (figure 6), or double-T-shaped (figure 6) or have a tubular cross-section.
12. The weight base according to claim 1, wherein the base body has a central part (figure 5) with receptions (receiving apertures in 7 and 8) for connecting means of an anchoring element (10, figure 5) with mast (35) for fastening a safety device (harness and tether; translation pg. 7, third paragraph), the safety device comprising a rope (tether; translation pg. 7, third paragraph).
13. A mobile stop device for a safety device, comprising a weighted base (figure 1) according to claim 1 (see rejection of claim 1 above) and an anchor element (10, figure 7) which is releasably connected (via nuts) to the weighted base (figure 7) and has a mast (shaft of 9) for attaching the safety device, the safety device comprising in particular a rope (tether, translation pg. 7, third paragraph).
14. The mobile stop device (1) according to claim 13, wherein the anchor element (10) has mechanical connecting means (nuts), for releasable connection to the weight base (figure 7).
15. The mobile stop device according to claim 13 wherein the mast (shaft 9) is arranged centrally with respect to the weight base (figures 1 & 7) and/or has a telescopic tube portion (35, 36, figure 5).
Claim(s) 1 and 10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Laffay et al. (EP 2525019).
1. A weight base (figure 7) for a mobile stop device for securing a person at risk of falling (figure 8), the weight base comprising:
a base body (1, figure 1) with a plurality of arms (2, figure 1) arranged at an angle to one another (figure 1) and weights (3) as a load (figure 3),
wherein: the weights (3) are accommodated at least in sections in the arms (figure 3),
the sections of the arms (2) are each in a U-shaped (figure 1), T-shaped, or double-T-shaped or have a tubular cross-section (figure 1).
10. The weight base according to claim 1, wherein the base body (1) forms transport aids (200, figure 1), transport aids comprising crane lugs, and/or stacking aids (figure 2).
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) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Reiter (EP 1808553), alone. While Reiter discloses the weights (2) are plate-shaped and are received as plate packs (figure 3), they do not disclose the weights to be received in an upright arrangement in the arms. However, such a modification (weights oriented upright as opposed to on their sides) would be a simple design choice as it is only a change in the shape of weights inserted into the arms (bar shaped weights as opposed to plate-shaped weights), or alternatively, a change in size/scale of the arms receiving the weights. In both instances the weight base would still perform the same function in the same manner- as the weights would still be inserted into the receiving end/area of the arms. See MPEP 2144.04, IV., A. Changes in Size/Proportion, and B. Changes in Shape, wherein it is explained that such modifications do not affect patentability, so long as the device would not perform any differently.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to orient the stack of weights in Reiter in an orientation that best suits the shape of the weights available, and the size and shape of the receiving area of the arms.
Claim(s) 6 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Reiter (EP 1808553) as applied to claim 1 above, and further in view of Crawford (GB 2330169).
Re: claim 6, Reiter does not disclose wherein the arms have undersides to which are releasably fastened, eccentrically arranged spacer elements and/or non-slip bearing bodies made of an elastomer material.
However, Crawford teaches: wherein the arms have undersides to which are releasably fastened (via 40 & bottommost weight), eccentrically arranged spacer elements and/or non-slip bearing bodies (610, figure 17) made of an elastomer material (rubber; pg.4, lines 24-26).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the arms of Reiter with nonslip bearing bodies made of an elastomer material, Crawford, so as to provide additional grip on the roof surface, meaning that large frictional forces have to be overcome to move the weight anchor across the roof surface, allowing the deadweight anchor to be used even where roof space is limited (Crawford, page 16, lines 14-25).
Re: claim 9, Reiter discloses: wherein the arms (5s, 7s) each form a surface on their undersides (undersides of flanges 11), which surface runs obliquely towards and end (figure 3, see below), so that a distance of the arm (7) from the ground increases towards the end (see below).
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Allowable Subject Matter
Claims 7 and 8 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. Please also note the objections at the start of the Office Action that would also need to be addressed in these claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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COLLEEN M. CHAVCHAVADZE
Primary Examiner
Art Unit 3634
/COLLEEN M CHAVCHAVADZE/Primary Examiner, Art Unit 3634
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