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 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 6, 13, 16, 18-19 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 6 recites the limitation "the magnetic end of the pole" in Line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 13 recites the limitation "the magnetic end of the pole" in Line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 16 recites the limitation "the hook" in Line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 18 recites the limitation "the hook attachment" in Line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 19 recites the limitation "the hook" in Line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 19 recites the limitation "the magnetic end" in Line 2. There is insufficient antecedent basis for this limitation in the claim.
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, 8 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wescott US 2016/0152453 (hereinafter Wescott).
Re. Cl. 1, Wescott discloses: An apparatus (540, Fig. 5) for establishing a temporary overhead anchor (see Fig. 5), the apparatus comprising: a clamp subassembly (100, Fig. 5) configured for attachment to an overhead anchor point (see 552, Fig. 5), the clamp subassembly comprising a plurality of extension arms (see Fig. 3, arms with teeth 102a, 102b), wherein one or more of the extension arms are comprised of a locking subassembly (102a or 102b, Fig. 3); a pole (550, Fig. 5) with an engagement end (see Fig. 5, top end of 550 which engages 200); and a shuttle subassembly (542, 544, 546, 548, 400, Fig. 5) for attachment to the clamp subassembly (see Fig. 5, via 304) and comprising a load lifting system (546, 544, 542, Fig. 5) and a detachable shuttle (400, detachable via 410, Fig. 5) configured to raise and lower fall arrest equipment (500, Fig. 5) from a first level to the overhead anchor point (see Fig. 5, using 546), wherein the apparatus is configured to be the temporary overhead anchor for the fall arrest equipment when the detachable shuttle is attached to the shuttle subassembly (see Fig. 5).
Re. Cl. 8, Wescott discloses: the load lifting system further comprises a rope and pulley system (see 544, 542, 546, Fig. 5).
Re. Cl. 20, Wescott discloses: A method of establishing a temporary overhead anchor (Fig. 5) comprising: releasing a shuttle (401, Fig. 4-5) from a shuttle subassembly (542, 544, 546, 548, Fig. 5) attached to an overhead anchor point (522, Fig. 6; releasing 401 using 410 or releasing from an overhead position so that 401 can be lowered); lowering the shuttle from the shuttle subassembly using a load lifting system (546, 544, 542; lowering 401 by releasing tension on 546); attaching fall arrest equipment to the shuttle (500, attached using 510, 512); raising the shuttle and attached fall arrest equipment back to the overhead anchor point (raising 401 using 546); and engaging the shuttle into the shuttle subassembly using the load lifting system so that the fall arrest equipment is established as a temporary overhead anchor (see Fig. 5).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-2, 4, 6 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Ostrobrod US 2018/0104519 (hereinafter Ostrobrod) in view of Wescott.
Re. Cl. 1, Ostrobrod discloses: An apparatus (Fig. 1, 4) for establishing a temporary overhead anchor (see Fig. 3), the apparatus comprising: a clamp subassembly (10, Fig. 1) configured for attachment to an overhead anchor point (see Fig. 3), the clamp subassembly comprising a plurality of extension arms (14, 16, Fig. 3), wherein one or more of the extension arms are comprised of a locking subassembly (46, Fig. 1); a pole (42, Fig. 4) with an engagement end (see Fig. 4, 44); and wherein the apparatus is configured to be the temporary overhead anchor for the fall arrest equipment (see Fig. 3).
Re. Cl. 2, Ostrobrod discloses: each of the plurality of extension arms is pivotally connected such that one or more of the plurality of the extension arms open and close in a clamp or scissor-like motion (see Fig. 2-3), and wherein the clamp subassembly is designed to be attached to the overhead anchor point comprising one of: a pipe, an I-beam (see Fig. 3), or a D-ring.
Re. Cl. 4, Ostrobrod discloses: the locking subassembly comprises a release tab (56, Fig. 1), and wherein the locking subassembly is biased by one or more biasing members (52, Fig. 1) into the locked configuration to prevent the plurality of extension arms of the clamp subassembly from opening outward until the release tab is pulled to disengage the biasing members to put the locking subassembly in the unlocked configuration (see Fig. 2-3 and Paragraph 0026).
Re. Cl. 6, Ostrobrod discloses: the clamp subassembly comprises a pole mount receiver (40, Fig. 1) for receiving the magnetic end of the pole (see Fig. 4, in the same manner as receiving 44).
Re. Cls. 1 and 8, Ostrobrod does not disclose a shuttle subassembly for attachment to the clamp subassembly and comprising a load lifting system and a detachable shuttle configured to raise and lower fall arrest equipment from a first level to the overhead anchor point, the apparatus configured to be the temporary overhead anchor for the fall arrest equipment when the detachable shuttle is attached to the shuttle subassembly (Cl. 1) or the load lifting system further comprises a rope and pulley system (Cl. 8). Re. Cls. 1 and 8, Wescott discloses an apparatus for establish a temporary overhead anchor (Fig. 5), which includes a clamp subassembly (100, Fig. 5) configured for attachment to an overhead anchor point (see 552, Fig. 5); a pole (550, Fig. 5) with an engagement end (see Fig. 5, top end of 550 which engages 200); and a shuttle subassembly (542, 544, 546, 548, 400, Fig. 5) for attachment to the clamp subassembly (see Fig. 5, via 304) and comprising a load lifting system (546, 544, 542, Fig. 5) and a detachable shuttle (400, detachable via 410, Fig. 5) configured to raise and lower fall arrest equipment (500, Fig. 5) from a first level to the overhead anchor point (see Fig. 5, using 546), wherein the apparatus is configured to be the temporary overhead anchor for the fall arrest equipment when the detachable shuttle is attached to the shuttle subassembly (see Fig. 5); the load lifting system further comprises a rope and pulley system (see 544, 542, 546, Fig. 5).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the Ostrobrod device to include the shuttle assembly as disclosed by Wescott with reasonable expectation of success since Wescott states that such a modification would enable a canine to be deployed into an intended space to conduct a search and/or for apprehension of a criminal suspect (Abstract, Lines 1-4). Such a modification would provide an additional use for the Ostrobrod device and thus increase the device’s usability.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Ostrobrod in view of Wescott as applied above, and in further view of Kriz US 20230287912 (hereinafter Kriz).
Re. Cl. 3, Ostrobrod in view of Wescott does not disclose the locking subassembly comprises a ratcheting mechanism which in an unlocked configuration allows the plurality of extension arms to freely open and close relative to one another, and in a locked configuration allows the extension arms to close relative to one another but prevents the extension arms from opening relative to one another. Kriz discloses a clamping apparatus (Fig. 1) configured for attached to an object, which includes a plurality of extension arms (32, 34, Fig. 1), wherein one or more of the extension arms are comprised of a locking subassembly (see 8, Fig. 1). Re. Cl. 3, Kriz discloses the locking subassembly comprises a ratcheting mechanism (see 42 and 44) which in an unlocked configuration allows the plurality of extension arms to freely open and close relative to one another (when 40 is engaged and causes 8 to pivot as discussed in Paragraph 0042), and in a locked configuration allows the extension arms to close relative to one another but prevents the extension arms from opening relative to one another (when spring 28 drives 42 and 44 to be engaged as discussed in Paragraph 0042).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to replace the locking subassembly and extension arms of Ostrobrod with the locking subassembly and extension arms of Kriz with reasonable expectation of success since Kriz states that such a modification enables the extension arms to be locked in whatever orientation they happen to be when the trigger is released (Paragraph 0042, Lines 7-10). Such a modification would provide a more secure clamping since the extension arms would be locked at any position by more than just a biasing spring.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Ostrobrod in view of Wescott as applied above and in further view of McCarthy US 6978730 (hereinafter McCarthy).
Re. Cl. 5, the combination of Ostrobrod in view of Wescott does not disclose the engagement end of the pole includes an interchangeable hook and magnetic end. McCarthy discloses a pole (10, Fig. 1) which has an engagement end (see Fig. 3) which includes an interchangeable hook (20, Fig.3) and magnetic end (22, Fig. 3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the pole of Ostrobrod to have a magnetic end and have an interchangeable hook as disclosed by McCarthy with reasonable expectation of success since McCarthy states that such a modification enables the user to retrieve a line (Col. 3, Lines 12-15). Such a modification would be useful to Ostrobrod in the instance the user could not immediately reach or grasp the line (i.e. the line is hanging in an inconvenient area for the user to reach).
Allowable Subject Matter
Claim 7 is 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.
Claims 9-12, 14-15, 17 are allowable over the prior art of record.
Claims 13, 16, and 18-19 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. Walls US 3612459, Patterson US 1343641, Ostrobrod US 9469025, and Lane US 11850721 disclose other known devices which are presented to the Applicant for their consideration.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER E GARFT whose telephone number is (571)270-1171. The examiner can normally be reached Monday-Friday 8:00 a.m. to 5:00 p.m..
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Terrell McKinnon can be reached at (571)272-4797. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER GARFT/Primary Examiner, Art Unit 3632
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