DETAILED ACTION
This Office Action is in response to the application filed February 21, 2025. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Claims 17-32 are pending. Claims 17-25 and 28-32 stand rejected as set forth below. Claims 26 and 27 are objected to.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the belt, hip belt, leg sling, additional fitting part, additional leg sling and both sub-elements in the same webbing opening must be shown or the feature(s) canceled from the claim(s) (it is only shown in the prior art figure). No new matter should be entered.
The drawings are objected to because the shading and faded lines in figures 9a, 9b, 10a, 10b renders part of the drawing illegible when reproduced, see 37 CFR 1.84(l) and (p)(1).
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.
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.
Claims 29 and 30 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor regards as the invention.
Regarding Claim 29, the phrase “6 mm to 14 mm, of 8 mm to 10mm” is indefinite as it is unclear what range applicant is claiming. For the purpose of this office action the examiner will assume the broader range.
Regarding Claim 30, the phrase “particularly being designed in the same way as the first-mentioned fitting part” is indefinite as it is unclear what particulars the applicant is referring to. Also, what is the “first mentioned fitting part”, the phrase is narrative in form.
Regarding Claim 31, the phrase “being pre-formed into loops, being sewn up to form loops” is indefinite at is unclear which of these limitations are required as these appear to be two different options for the same element.
Regarding Claim 31, it is unclear how the loops of the sub-elements can both be located in the same webbing opening as no figure demonstrates how that can happen. For the purpose of this office action the examiner assumes they must be in different webbing openings.
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 17, 18, 20-25, 28 and 30 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cowell US Pub 2018/0154196).
In regard to Claim 17, Cowell discloses a belt for personal fall protection (Figs 1-12), the belt comprising: a fitting part (30) and at least a first and a second belt sub-element enclosing a body part; the fitting part comprising a body that is designed to be connected to the first belt sub-element, to the second belt sub-element and to a flexible bridge (Fig 4), wherein the body is passed through by a first webbing opening (40) and by a bridge hole (42, 44), with the body of the fitting part comprising a first part (30) and a second part (32) which can be brought into an assembled state and into a separated state (Fig 3), with the first part and/or the second part comprising at least one first external groove (portion of 40 below 32) (Fig 4; lower groove in 32 pointed at by leader line for 50) for the first belt sub-element, wherein, in the assembled state of the two parts, the first groove is completed by the respective other part to form the first webbing opening passing through the body in order to connect therein a first webbing of the first belt sub-element enclosing a body part to the fitting part in a semi-permanent way (Fig 4), wherein the body of the fitting part furthermore has at least one transverse hole (48, 56) passing through both the first part and the second part, wherein the fitting part further comprises a screw (60), wherein the screw is configured to be guided into the transverse hole and configured to be locked therein in order to connect the first part to the second part in the assembled state (Fig 3).
In regard to Claim 18, Cowell discloses the belt as described above, wherein the first part and/or the second part comprises at least one second external groove (upper groove in 32) for the second belt sub-element (Fig 4), wherein, in the assembled state of the two parts, the second groove is completed by the respective other part to form a second webbing opening (portion of 40 above 32) passing through the body in order to connect therein a second webbing of the second belt sub-element enclosing a body part to the fitting part (Fig 4).
In regard to Claim 20, Cowell discloses the belt as described above, wherein the transverse hole is arranged at a predetermined distance from a front side and a back side of the body (Fig 3).
In regard to Claim 21, Cowell discloses the belt as described above, wherein the body is designed to be essentially symmetrical around a pull direction (axis A) and the transverse hole is arranged at an angle to the pull direction (Fig 4; 90 degree angle).
In regard to Claim 22, Cowell discloses the belt as described above, wherein the transverse hole passes through a front side and a back side of the body (Fig 3).
In regard to Claim 23, Cowell discloses the belt as described above, furthermore comprising a web (portion between 42 and 44) which divides the bridge hole (Fig 4).
In regard to Claim 24, Cowell discloses the belt as described above, wherein the body is designed to be essentially symmetrical around a pull direction and the web runs in parallel to the pull direction (Fig 4).
In regard to Claim 25, Cowell discloses the belt as described above, wherein the body is designed to be essentially symmetrical around a pull direction and the web runs normally to the pull direction (Fig 4).
In regard to Claim 28, Cowell discloses the belt as described above, wherein the first part and the second part have interlocking guide surfaces at the points touching each other in the assembled state of the two parts (Fig 3).
In regard to Claim 30, as best understood by the examiner, Cowell discloses the belt as described above, wherein the first belt sub-element is a hip belt and the second belt sub-element is a leg sling, with the belt comprising an additional leg sling and an additional fitting part connecting the hip belt to the additional leg sling, the additional fitting part particularly being designed in the same way as the first-mentioned fitting part (Fig 1).
Claims 17 and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Roger et al. (US Pub 2019/0105521) (hereinafter Roger).
In regard to Claim 17, Roger discloses a belt for personal fall protection (Figs 1-5, 11), the belt comprising: a fitting part (5) and at least a first and a second belt sub-element enclosing a body part; the fitting part comprising a body that is designed to be connected to the first belt sub-element, to the second belt sub-element and to a flexible bridge (Fig 5), wherein the body is passed through by a first webbing opening (11 left) and by a bridge hole (11 right), with the body of the fitting part comprising a first part (6) and a second part (9) which can be brought into an assembled state and into a separated state (Figs 5-7), with the first part and/or the second part comprising at least one first external groove (18 left ) (Fig 5) for the first belt sub-element, wherein, in the assembled state of the two parts, the first groove is completed by the respective other part to form the first webbing opening passing through the body in order to connect therein a first webbing of the first belt sub-element enclosing a body part to the fitting part in a semi-permanent way (Fig 5), wherein the body of the fitting part furthermore has at least one transverse hole (14, 16) passing through both the first part and the second part (Fig 5), wherein the fitting part further comprises a screw (15) [0057], wherein the screw is configured to be guided into the transverse hole and configured to be locked therein in order to connect the first part to the second part in the assembled state (Fig 5).
In regard to Claim 19, Roger discloses the belt as described above, wherein the first part and/or the second part comprise(s) at least one third external groove (18 on bottom side of 9) (Fig 5) for the flexible bridge, wherein, in the assembled state of the two parts, the third groove is completed by the respective other part to form a bridge hole passing through the body in order to connect therein the flexible bridge to the fitting part (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.
Claim 29 is rejected under 35 U.S.C. 103 as being unpatentable over Cowell.
In regard to Claim 29, as best understood by the examiner, Cowell discloses the belt as described above, but does not disclose the dimensions of the body. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the body between 4 and 14 mm thick, in order to optimize the size to offer a good strength to weight ratio.
Allowable Subject Matter
Claims 26 and 27 are 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 31 and 32 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. See list of references on PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Brian Mattei whose telephone number is (571)270-3238. The examiner can normally be reached Monday to Friday 8:00 to 5:00.
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, Namrata Boveja can be reached at 571-272-8105. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/BRIAN D MATTEI/Supervisory Patent Examiner, Art Unit 3635