The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
DETAILED ACTION
This is in response to amended claims filed on 8/29/25, in which Claims 1-34 are presented for examination of which Claims 1 and 34 are in independent form.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-34 are rejected on the ground of nonstatutory double patenting as being unpatentable over Claims 1-25 of U.S. Patent No. 12371311, Claims 1-24 of U.S. Patent No. 12428278 and Claims 1-30 of U.S. Application No. 19311662. Although the claims at issue are not identical, they are not patentably distinct from each other because broader claims in a later application constitute obvious double patenting of narrow claims in an issued patent. See In re Van Ornum and Stang, 214, USPQ 761, 766, and 767 (CCPA) (the court sustained an obvious double patenting rejection of generic claims in a continuation application over narrower species claims in an issued patent); In re Vogel, 164 USPQ 619, 622, and 623 (CCPA 1970) (generic application claim specifying "meat" is obvious double patenting of narrow patent claim specifying "pork"). Alternatively, it would have been obvious to one having ordinary skill in the art at the time the invention was made to omit the additional elements, since it has been held that omission of an element and its function in a combination where the remaining elements perform the same functions as before involves only routine skill in the art. In re Karlson, 136 USPQ 184.
Allowable Subject Matter
Claims 1-34 would allowable if a terminal disclaimer is filed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
a. Baillargeon et al. (US 20210035428 A1) discloses an aerial lift (Abstract, Fig 3) comprising: a fall-protection safety apparatus installed on the aerial lift (Abstract, Fig 3) and comprising a safety line (156 of Fig 3 safety lanyard) with a distal end comprising a connector (162 of Figs 3, 6-8 snap hook) configured to be connected to a safety harness worn by a user of the aerial lift (Fig 3), the aerial lift comprising a fall-protection monitoring system configured to determine whether the connector of the safety line appears to be connected to the safety harness of the user ([0073] connection of the lanyard 156 by the operator to the anchor point 164 and/or a connection of the lanyard 156 to the harness ring 159 must be detected by the attachment sensor 110 or an error warning will be sent to the interface monitoring unit 100) and the aerial lift comprising at least one additional safety apparatus in addition to the fall-protection safety apparatus ([0087] door lock detector 112 may be installed to send a warning signal if the door is not properly secured…112 may detect both a primary interlock door latch and/or a secondary door security system such as the connection of a chain or strap in addition to a door latch); wherein the aerial lift is interlocked with the fall-protection safety apparatus and with the at least one additional safety apparatus of the aerial lift so that in order for at least a vertical-motion function of the aerial lift to be enabled ([0078] controller 178 and/or the interface monitoring unit 100 may further override of control of the lift, preventing the movement of the lift until a lanyard connection signal has been detected), control circuitry (100 of Fig 3 interface monitoring unit) of the aerial lift must receive at least one first positive signal from the fall-protection monitoring system indicating at least that the connector of the safety line appears to be connected to the safety harness of the user ([0073] connection of the lanyard 156 by the operator to the anchor point 164 and/or a connection of the lanyard 156 to the harness ring 159 must be detected by the attachment sensor 110 or an error warning will be sent to the interface monitoring unit 100; [0075] detector switch 174 sends a signal to the controller 178 that the detector switch 174 is activated indicating the safety lanyard 156 is secured to the anchor point 164. A further transmission is made from the controller 178 to the interface monitoring unit 100 signaling an attachment of the safety lanyard 156 to the anchor point 164); and, the control circuitry of the aerial lift must not receive at least one additional positive signal from the at least one additional safety apparatus of the aerial lift indicating that the at least one additional safety apparatus of the aerial lift is not in a ready condition ([0087] door lock detector 112 may be installed to send a warning signal if the door is not properly secured…112 may detect both a primary interlock door latch and/or a secondary door security system such as the connection of a chain or strap in addition to a door latch); wherein the fall-protection monitoring system comprises at least one sensor module (110 of Figs 1, safety lanyard detection sensor; 174 of Fig 7) mounted on the connector and configured to sense whether the connector appears to be connected to the safety harness and to transmit connector status information to the base unit control circuitry indicating connector appears connected to the safety harness ([0073]; [0075]).
b. Pollard (US 20160107007 A1) teaches a line connector for a personal fall protection system includes a carabiner having a loop portion that at least partially defines an opening. The opening is configured to receive a mating component of the personal fall protection system. The line connector uses sensors that include a coil disposed around the loop portion of the carabiner. The line connector further includes a control unit coupled to the at least one sensor. The control unit is operable to send an excitation signal to the a sensor and determine whether the line connector is coupled to the mating component.
c. MORINO et al. (US 20110090079 A1) teaches a safety belt includes a connecting member including a rope, an attaching portion connected to a first end of the rope and arranged to be attached to a body belt worn around a body of a worker, a hook connected to a second end of the rope, and a load detection portion arranged to detect whether or not a load is applied to the connecting member and to output a load detection signal. The safety belt also includes a control device that includes a receiver unit arranged to receive the load detection signal, a control unit arranged to determine a status of the worker or a status of the safety belt based on the load detection signal, and a notification units.
d. Baillargeon et al. (US 20150027808 A1) teaches a fall arresting/prevention safety protection device for aerial lifts that delivers notifications and warnings to individuals who are subject to accidental falls or other safety hazards when performing construction or the like or when operating elevating construction machinery such as aerial lift work platforms, bucket trucks and similar type elevating work platforms. The invention further provides a load sensor that when activated transmits an emergency signal to operators, supervisors and emergency personnel. The present invention further provides a remote control to access and control movement of the aerial lift through a wireless transmission in the event the lift operator falls out of or is ejected from the bucket or work platform
e. Yip et al. (US 20210087035 A1) teaches sensors on an aerial lift device determine the number of occupants in and occupant portion of the aerial lift device. Prior to permitting the occupant portion to rise up off the ground, the system checks the engagement of safety harnesses to verify that the number of engaged safety harnesses matches the number of occupants in the occupant portion of the aerial lift. If the number matches, operation of the aerial lift may be enabled and the occupant portion deployed. If the number does not match, an alarm is sounded and the occupant portion is disabled.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARK S RUSHING whose telephone number is (571)270-5876. The examiner can normally be reached on 10-6pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Davetta Goins can be reached at 571-272-2957. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARK S RUSHING/Primary Examiner, Art Unit 2689
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