Notice of Pre-AIA or AIA Status
This is a first office action on the merits for application serail number 18/999,886 filed 12/23/24. Claims 1-11 are pending. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
The listing of references in the specification is not a proper information disclosure statement. 37 CFR 1.98(b) requires a list of all patents, publications, or other information submitted for consideration by the Office, and MPEP § 609.04(a) states, "the list may not be incorporated into the specification but must be submitted in a separate paper." Therefore, unless the references have been cited by the examiner on form PTO-892, they have not been considered.
The drawings are objected to because:
In accordance with 37 CFR 1.84(b)(1) photographs, including photocopies of photographs, are not ordinarily permitted in utility and design patent applications. The Office will accept photographs in utility and design patent applications, however, if photographs are the only practicable medium for illustrating the claimed invention which is clearly not the case in the present application. Black and white drawings are required. India ink, or its equivalent that secures solid black lines, must be used for drawings.
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.
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 1-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Buckingham MFG, Instructions and Warnings 483/484 SERIES PDF. 483.DOC (11/14/2000)(Rev 2-23-17) herein after references as “Buck”.
Buck provides a wood pole fall protection assembly, comprising:
an elongated outer strap C having a folded over portion comprising a first segment and a second segment (the segments which fold over through the D-ring H);
a wear guard (Metal strap end clip H) positioned on the outer strap at a point of contact between the outer strap and a pole during use (See large figures on sheet 1); and
a D-ring E positioned and secured between the first and second segments of the folded over portion of the outer strap such that at least a portion of the wear guard and one segment of the folded over portion pass through the D-ring.
With respect to claim 2, the folded over portions forms a first loop and the figures show a second loop at the opposite end of the strap.
With respect to claim 3, see inner/strap lanyard B.
With respect to claim 4, see cam assembly D.
With respect to claims 5-8, the inset just left of center at the bottom of page 1 specifies metal and rivets and is shown as substantially the same width as the strap
With respect to claim 9, the wear ger is integrally formed with the strap as the definitions of integral is “formed as a unit with another part or composed of constituent parts” INTEGRAL Definition & Meaning - Merriam-Webster.
With respect to claim 10, the metal strap end clip the center portion is curved to pass through the the D-ring E.
Claims 1-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Buckingham MFG, Instructions and Warnings 488 SERIES PDF. 488.490.DOC (Rev 10-08-19) herein after references as “Buck 488W”.
Buck 488W which appears to correspond the “Prior Art” Figure 6 of the specification, provides a wood pole fall protection assembly, comprising:
an elongated outer strap C having a folded over portion comprising a first segment and a second segment;
a wear guard (the metal plate shown in side of the folded over portion passing through D-ring E) positioned on the outer strap at a point of contact between the outer strap and a pole during use (note the claims do not specify the wear guard is positioned on the outside of the outer strap and the plate shown inside the loop inherently would protect the strap from wear from the D-ring); and
a D-ring E positioned and secured between the first and second segments of the folded over portion of the outer strap such that at least a portion of the wear guard and one segment of the folded over portion pass through the D-ring.
With respect to claim 2, see the left side of the Figure.
With respect to claim 3, see inner/strap lanyard B.
With respect to claim 4, see web grab D.
With respect to claims 5-8, the figure shows and rivets I and the insert is shown as substantially the same width as the strap. The color figure accessible from the web at BUCKINGHAM MFG 488 SERIES INSTRUCTIONS & WARNINGS Pdf Download | ManualsLib shows the insert as color which imply/suggest metal to one having ordinary skill in the art and in accordance with MPEP 2125 figures may anticipate or render obvious features for what the reasonably disclose or suggest even when unintended or unexplained. (Also see rigid connecting loop 30 in U.S. 2019/0310794).
With respect to claim 9, the wear guard is integrally formed with the strap as the definitions of integral is “formed as a unit with another part or composed of constituent parts” INTEGRAL Definition & Meaning - Merriam-Webster.
With respect to claim 10, the metal strap end clip the center portion is curved to pass through the the D-ring E.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Note:
Element 603 in U.S. Patent 9,265,989 to Perner et al.
Plate 132 in U.S. 2011/0214941 and US 2015/0041250 to Petty et al.
Figures 2 and 4 of U.S. 8,544,603 to Rullo suggest a metal plate passing through a D-Ring.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT CANFIELD whose telephone number is (571)272-6840. The examiner can normally be reached M-F 10-6, some Saturdays.
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, David Dunn can be reached at 571-272-6670. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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ROBERT CANFIELD
Primary Examiner
Art Unit 3636
/Robert Canfield/Primary Examiner, Art Unit 3636
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