DETAILED ACTION
The Information Disclosure Statement filed on October 15, 2024 has been reviewed and considered by the Examiner.
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 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 1-14 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 1 recites a “splitter device of or for a belay system of or for an amusement facility”. The term “of or for” does not positively show if the splitter is part of the belay system, the amusement ride or both. This leaves the claims vague and indefinite.
Claim 1 recites a “rail-like” guiding track. It is unclear if it is a rail or not by using the phrase “rail-like”. This leaves the claims vague and indefinite.
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.
Claim(s) 1-4, 9-11, 13 and 14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Briggs et al (US 2017/0043268).
Briggs et al discloses a splitter device, shown in figures 17-20 for a belay system of amusement facility, shown in figure 1. The system is comprised of a track system as described in paragraph 0054, on which a belay trolley 1310 can be moved and which forms a first free end, a second free end and a third free end arranged angularly to each other in a reference plain, as shown best in figure 18. The splitter device, as shown in the exploded view of figure 20, is further comprised of a mounting body shown at the bottom of the figure and showing the three defined ends positioned at angles to each other. A shifting body, depicted as the round upper portion in figure 20, which is rotatably mounted on the mounting body around a rotation axis at least between a first rotational position and a second rotational position. The rotation axis is running perpendicular to the reference plain and a guiding section, in the form of a washer between the two portions and fastened to the shifting body connecting the first rotational position a first pair of the three free ends, and in the second rotational position a second pair of the three free ends, wherein the splitter device comprises a position presetting unit for setting the first rotational position and the second rotational position.
The splitter device further includes positioning means, in the form of closed walls, as shown at the right of figure 19 for positioning the belay trolley on the guiding system by blocking the open rails until the shifting body is rotated.
The belay system is utilized in various areas of the multi-floor amusement system depicted in figure 1.
Allowable Subject Matter
Claims 5-8 and 12 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Horihan (US 10,683,018) and Liggett et al (US 8,807,044) show types of cable belay systems.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Robert J McCarry Jr. whose telephone number is (571)272-6683. The examiner can normally be reached Monday-Friday 7:00-3:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, S. Joseph Morano can be reached at 571-272-6684. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Robert J McCarry Jr/Primary Examiner, Art Unit 3615
RJM
August 5, 2026
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