DETAILED ACTION
This is the first Office action on the merits based on the 19/221,152 application filed on 05/28/2025. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . The effective filing date of the present application is 05/28/2024. Claims 1-8, as originally filed, are currently pending and considered below.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 12/23/2025 was in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
The abstract of the disclosure is objected to because of the following informalities:
In line 4, “the first support rod” should be --- the at least one left support rod ---. Refer to the specification, as originally filed, page 2, lines 13-20.
In line 5, “the second support rod” should be --- the at least one right support rod ---. Refer to the specification, as originally filed, page 2, lines 13-20.
The line containing “/…05282024PTO.//06-26-2024_404pmsndRM-kPTO.//05-22-2025sndRM/” should be deleted from the abstract of the disclosure.
A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Objections
Claims 1-3 and 5-8 are objected to because of the following informalities:
In claim 1, lines 8-11, the following limitations are recited:
“a climbing lattice,
the plurality of first tethers and the plurality of second tethers connected to and supporting the climbing lattice, with the climbing lattice providing for human climbing engagement” which should instead be amended as follows:
--- a climbing lattice;
wherein the plurality of first tethers and the plurality of second tethers are connected to and support the climbing lattice, with the climbing lattice providing for human climbing engagement ---.
In claim 2, line 1, “The climbing system of claim 1,” should be --- The climbing system of claim 1, wherein: ---.
In claim 2, line 4, “including” should be --- includes ---.
In claim 2, line 5, “including” should be --- includes ---.
In claim 3, line 1, “The climbing system of claim 2,” should be --- The climbing system of claim 2, wherein: ---.
In claim 3, the blank line between lines 3 and 4 should be deleted.
In claim 3, line 4, “including” should be --- includes ---.
In claim 3, line 5, “including” should be --- includes ---.
In claim 5, line 1, “The climbing system of claim 1,” should be --- The climbing system of claim 1, wherein: ---.
In claim 6, line 1, “The climbing system of claim 5,” should be --- The climbing system of claim 5, wherein: ---.
In claim 6, line 4, “constructed of FRP;” should be --- constructed of FRP; and ---.
In claim 7, line 1, “the climbing lattice” should be --- wherein the climbing lattice ---.
In claim 8, lines 4-5, “the left EBA; and” should be --- the left EBA; ---.
In claim 8, line 6, “the first outboard base tethers and the second outboard base tethers connected” should be --- wherein the first outboard base tethers and the second outboard base tethers are connected ---.
The “***” should be deleted after claim 8.
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 1-8 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 the limitation “the first support rod” in line 6. There is insufficient antecedent basis for this limitation in the claim. Applicant is suggested to amend the limitation to --- the at least one left support rod ---. Refer to the specification, as originally filed, page 2, lines 13-20.
Claim 1 recites the limitation “the second support rod” in line 7. There is insufficient antecedent basis for this limitation in the claim. Applicant is suggested to amend the limitation to --- the at least one right support rod ---. Refer to the specification, as originally filed, page 2, lines 13-20.
Claims 2-8 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, by virtue of their dependency on claim 1, which is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, see above.
Regarding claim 4, which depends from claims 1-3, the limitation “a supporting deck or supporting surface” is recited in line 5. The limitation renders the claim indefinite because it is unclear whether or not the limitation is the same as, different from, in addition to, and/or part of “a supporting deck or supporting surface” recited in claim 4, line 3. Applicant is suggested to amend the limitation to --- the supporting deck or supporting surface ---. Refer to the specification, as originally filed, page 47, lines 10-19, and Figures 51 and 53.
REASONS FOR ALLOWANCE
Claims 1-8 would be allowable if rewritten or amended to overcome the rejections under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is an examiner’s statement of reasons for allowance:
The prior art of record (Ollhoff (US 2024/0238635); Liggett (US D1,074,905; US 2009/0065300; US 8,016,686); Ha Mi Seon (KR 102118439 B1); Bentsen (US 2019/0001173); Ahrens (US 3,211,452)), alone or in combination, fails to teach or render obvious a climbing system, as a whole device, in combination with all of the elements and structural and functional relationships as claimed and further including:
at least one left support rod that extends inboard from the left EBA; at least one right support rod that extends inboard from the right EBA; a plurality of first tethers extending down from the first support rod; a plurality of second tethers extending down from the second support rod; and a climbing lattice, the plurality of first tethers and the plurality of second tethers connected to and supporting the climbing lattice, with the climbing lattice providing for human climbing engagement (claim 1).
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GARY D URBIEL GOLDNER whose telephone number is (313)446-6554. The examiner can normally be reached between 9AM and 5PM, Eastern Time, Monday through Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, LoAn B Jimenez can be reached on (571)272-4966. The fax phone number for the organization where this application or proceeding is assigned is (571)273-8300.
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/GARY D URBIEL GOLDNER/Primary Examiner, Art Unit 3784
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