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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “26” has been used to designate both a strap in Figure 1 and a connection element in Figure 2. 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. 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 Objections
Claims 2, 3, 6, 8, 10, 14, 15, and 17 are objected to because of the following informalities:
Claims 2, 3, 6, 10, 14, 15, and 17 are grammatically improper due to missing articles in phrases such as “as buckle,” “as hook,” and “as side release buckle.” Such phrases should be amended to recite “as a buckle,” “as a hook,” “as a side release buckle,” etc., for clarity and proper claim drafting.
In claim 2, “provided at least one of as…” is awkward. It should be: “provided as at least one of a buckle, a hook, a knot, or a carabiner with a respective eyelet.”
Claim 8 recites “each configured for connecting the with the respective…” is awkward and likely a typo; it appears it should be “each configured for connecting with the respective…”
Appropriate correction is required.
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 1-19 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 1 recites, in relevant part: “…the belt loop and each first leg loop end are connected to one another via the belay connection element, and wherein the belt loop and each first leg loop end are configured for alternatively and detachably connecting with the respective second leg loop end via the respective leg loop connection element…”.
It is unclear from the claim how the first leg loop end and the belt loop are “connected to one another via the belay connection element,” while also being “configured for alternatively and detachably connecting with the respective second leg loop end.” The claim does not specify whether the connection between the belt loop and first leg loop end via the belay connection element is permanent, detachable, or reconfigurable, nor does it clarify whether these connections are simultaneous or alternative.
As a result, it is ambiguous whether: The first leg loop end and belt loop are always connected to each other via the belay connection element (as the claim specifically states- they “are connected”), and if so, how the first leg loop end can serve as an alternative attachment point for the second leg loop end; the connection via the belay connection element is intended to be an alternative configuration to the connection between the first and second leg loop ends; or if some other arrangement is intended.
Because the claim language is susceptible to multiple reasonable interpretations regarding the structure and sequence of connections among the belt loop, first leg loop end, belay connection element, and second leg loop end, the metes and bounds of claim 1 are not reasonably clear. Therefore, claim 1 fails to particularly point out and distinctly claim the subject matter regarded as the invention, as required by 35 U.S.C. §112(b).
Claim 4 is unclear as it recites “attached to the belt loop and to each first leg loop end” which is ambiguous as it could be interpreted as one eyelet attached to both, or separate eyelets.
Claim 5 is unclear as it recites “two first leg loop ends are connected together forming a leg loop connection area connecting the belay connection element” which is convoluted and confusing. Claim 5 recites “a leg loop connection area,” which is ambiguous as to whether it refers to a physical structure, a region, or a location.
Claim 6 further recites that “the leg loop connection area is provided as leg connection loop,” but it is unclear whether “leg connection loop” is intended to be a specific, additional physical structure, or simply a more specific definition of the previously-recited “area.” The claim fails to make clear whether the “area” must be a structural loop, or if claim 6 introduces new structure not required by claim 5. As a result, the scope of the claims is ambiguous, and it is not clear what is required for infringement or for making and using the invention.
Claim 14 recites “…wherein the interconnecting element at least one of comprises and is provided at least one of as interconnecting buckle, as interconnecting hook and as interconnecting carabiner with respective interconnecting eyelet” which is awkward and unclear. This claim is being interpreted as reading “wherein the interconnecting element comprises at least one of an interconnecting buckle, an interconnecting hook, or an interconnecting carabiner with a respective interconnecting eyelet”.
Claim 19 is indefinite as it recites, in part: “…detachably connecting each second leg loop end via the respective at least one leg loop connection element alternatively to the belt loop or to the respective first leg loop end.”
It is unclear from the claim whether the step of “alternatively” detachably connecting each second leg loop end is intended to require a user to select one of two mutually exclusive options (i.e., connect to the belt loop or to the first leg loop end, but not both), or whether the method encompasses both options being performed at different times or in different configurations. The claim does not specify whether “alternatively” refers to a user choice at a single time, a sequential process, or a reconfigurable structure that can be repeatedly changed.
As a result, a person of ordinary skill in the art would not be reasonably certain as to the scope of the claimed method, specifically, whether the method requires only one of the alternative connections, both in sequence, or whether the method is satisfied by any arrangement in which either or both connections are made. This ambiguity renders the metes and bounds of the claim 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.
Claims 1-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Botti (US 9,155,925).
Regarding claim 1, Botti discloses a harness comprising a belt loop (11), at least one leg loop (20, 21, 22), each having a first leg loop end and an opposite second leg loop end (“pair of elongated leg straps each having a proximal and a distal end”; see claim 1 b), at least one leg loop connection element (“fastening means” 23) and a belay connection element (“center ‘D’ ring attachment point” 32), wherein: the belt loop and the belay connection element are connected to one another (see Figure 1a), each first leg loop end and the belay connection element are connected to one another (as shown in Figure 1a, “The center ‘D’ ring attachment point 32 is located at a point of termination of the proximal ends 33 of the pair of secondary straps 30), and the belt loop and each first leg loop end are configured for alternatively and detachably connecting with the respective second leg loop end via the respective at least one leg loop connection element (minor straps … adapted to mate with corresponding fastening means of said elongated leg straps to convert … to a suspension harness configuration” and “secondary straps … to convert … to a seat harness configuration; see Claim 1 c).
Regarding claim 2, Botti discloses the at least one leg loop connection element is provided at least one of as buckle, as hook, as knot and as carabiner with respective eyelet (carabineer 747)
Regarding claim 3, the at least one leg loop connection element is provided as side release buckle or as alamari (“male and female buckles”, see for example, claim 2)
Regarding claim 4, the at least one leg loop connection element comprises an eyelet (see, for example, ends of 22 stitched to form an eyelet, which is attached to the main belt loop in Fig 1b) attached to the belt loop and to each first leg loop end for connecting with the respective second leg loop end.
Regarding claim 5, the two first leg loop ends are connected together forming a leg loop connection area connecting the belay connection element (“minor straps … matingly fastened to the elongated leg straps a pair of leg loops result forming said suspension harness configuration”, claim 1c; see also Figs. 3-4)
Regarding claim 6, the leg loop connection area is provided as leg connection loop connecting the belay connection element (“leg loops result forming said suspension harness configuration” and “center ‘D’ ring attachment point” (claim 6; Figs. 3–4, 32).
Regarding claim 7, the leg loop connection elements comprise eyelets attached to the leg loop connection area (“minor straps … matingly fastened to the elongated leg straps a pair of leg loops result forming said suspension harness configuration”, claim 1c; see also Figs. 3-4).
Regarding claim 8, the belt loop comprises a first belt loop end and an opposite second belt loop end each configured for connecting the with the respective second leg loop end via the respective leg loop connection element (“waist belt portion having a front belt segment and a back belt segment … for opening and closing attachment”; claim 1(a); Figs. 1a, 11, 12, 13).
Regarding claim 9, the belt loop comprises a belt loop connection area for connecting the belay connection element (“waist belt portion” and “center ‘D’ ring attachment point”; claim 6; Fig. 1a, 32).
Regarding claim 10, the belt loop connection area is provided as belt connection loop connecting the belay connection element (“belt portion” with “center ‘D’ ring”; claim 6; Fig. 1a, 32)
Regarding claim 11, the belt loop connection area comprises a belt loop connection buckle for forming the belt connection loop (Fig 1a, 11’).
Regarding claim 12, the belt loop connection area comprises a side release buckle for forming the belt connection loop (11’).
Regarding claim 13, each leg loop comprises an interconnecting element for detachably interconnecting the respective first leg loop end and the respective second leg loop end (“fastening means … adapted to mate with corresponding fastening means of said elongated leg straps” (claim 1c, 1d; Fig. 1a: 23, 28, 31).
Regarding claim 14, the interconnecting element at least one of comprises and is provided at least one of as interconnecting buckle, as interconnecting hook and as interconnecting carabiner with respective interconnecting eyelet (“male and female buckles”, “carabineer” (Fig. 1a: 61).
Regarding claim 15, the interconnecting element at least one of comprises and is provided as side release interconnecting buckle or as interconnecting alamari (“male and female buckles”, “carabineer”; see for example, claim 2).
Regarding claim 16, the belt loop comprises a first belt loop end, an opposite second belt loop end and a belt loop connection element for detachably connecting the first belt loop end and the second belt loop (“waist belt portion having a front belt segment and a back belt segment and an attachment means for opening and closing attachment”; claim 1a, Fig 1a, 11, 12, 13).
Regarding claim 17, the belt loop connection element is provided as belt loop connection buckle or as sliding belt loop buckle. (“buckle between said front and back belt”; claim 5; Fig. 1a, 11′).
Regarding claim 18, at least one of the belt loop and the at least one leg loop is provided as flat webbing (“composed of nylon, polyester, aramid type fiber … webbing”; see flat structure in Figures).
Regarding claim 19, Botti discloses method for putting on a harness comprising a belt loop, at least one leg loop, each having a first leg loop end and an opposite second leg loop end, at least one leg loop connection element and a belay connection element, wherein: each first leg loop end and the belay connection element are connected to one another, and comprising the steps of: connecting the belt loop and the belay connection element together, and detachably connecting each second leg loop end via the respective at least one leg loop connection element alternatively to the belt loop or to the respective first leg loop end. See discussion of elements in claim 1 above; see also claim 18 of Botti, which includes: “method of using a convertible suspension or seat harness comprising the steps of … securing a waist belt … elongated leg straps … minor straps … secondary straps … fastening … unfastening … whereby, when said minor straps are matingly fastened … leg loops result … when said secondary straps are matingly fastened … thigh loops result”).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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/DAVID R DUNN/Supervisory Patent Examiner, Art Unit 3636
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