Patent Application 15248513 - HARNESSES

Title: HARNESSES
Application Information

Invention Title: HARNESSES
Application Number: 15248513
Submission Date: 2025-05-22T00:00:00.000Z
Effective Filing Date: 2016-08-26T00:00:00.000Z
Filing Date: 2016-08-26T00:00:00.000Z
National Class: 182
National Sub-Class: 003000
Examiner Employee Number: 95484
Art Unit: 3634
Tech Center: 3600
Rejection Summary

102 Rejections: 0
103 Rejections: 4
Cited Patents

The following patents were cited in the rejection:
Office Action Text



    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 § 103
In the event the determination of the status of the application as subject to AIA  35 U.S.C. 102 and 103 (or as subject to pre-AIA  35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.  
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 47, 62-63, 65 and 67 are rejected under 35 U.S.C. 103 as being unpatentable over Kreuzeder (EP2781235) in view of Riches (US 5279385) and Brennan (US 4546851).
Regarding claim 47, Kreuzeder discloses a harness for supporting and securing a person at height, the harness comprising:
a waist belt 4, configured to encircle a waist of the person;
first and second leg loops 2, 3, configured to encircle respective first and second thighs of the person;
first and second D-rings 14, 19, respectively affixed to said first and second leg loops, as best seen in Figure 1;
a bridge 7, formed of an elongate flexible component extending between the first and second D-rings of the first and second leg loops and configured to be loaded under tension between the first and second D-rings 14, 19, of the first and second leg loops, the bridge configured to extend across a front part of a body of a person when the harness is in use (functional language); and
a connection system, comprising a connector 30, the connection system located along a length of the bridge, the bridge 7 extending between the first and second D-rings (fig. 1) and running through a passage (the bridge runs through the passage of 30), so that in use the connection system (connector 30) transmits at least part of a weight of the person, from the leg loops 2, 3, and through the first and second D-rings and the bridge 7, to a support element/rope (not shown) in connection with the connector 30.
Kreuzeder fails to teach the connector being a swivel connector, a coupling element comprising an elongated body with a passage formed therethrough, and the swivel connector being mounted to a pivot axis located at a mid-section of the coupling element, wherein the coupling element is configured to always freely slide along the length of the bridge between the first and second D-rings in any configuration of the swivel connector about the pivot axis and configured to always freely slide under a load of the weight of the person, and the coupling element at least partially surrounds the bridge extending through the passage, and wherein the coupling element of the connection system loads the bridge at spaced-apart locations along the length of the bridge by distributing in use the load along the length of the bridge applied by a substantial proportion of a dimension of the body of a person that is spanned by the bridge.
Riches teaches a harness with a connection system (7) comprising a connector (21) and a coupling element comprising  an elongated body (20) with a passage formed therethrough (fig. 5), wherein the coupling element is configured to always freely slide (column 5 lines 46-47) along a length of a bridge (rope), and configured to always freely slide under a load of the weight of a person (the weight does not inhibit the sliding), the coupling element at least partially surrounds the bridge extending through the passage (fig. 5), wherein the coupling element of the connection system loads the bridge at spaced-apart locations along the length of the bridge by distributing in use the load along the length of the bridge applied by a substantial proportion of a dimension of the body of the person that is spanned by the bridge (due to the width of the coupling element).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Kreuzeder with the teachings of Riches by replacing the connection system with that of Riches so that it comprises a connector, as well as a coupling element with an elongated body with a passage formed therethrough, wherein the coupling element is configured to always freely slide along a length of the bridge, and configured to always freely slide under a load of the weight of the person, the coupling element at least partially surrounds the bridge extending through the passage. This alteration provides the predictable and expected results of the connection system being able to better distribute weight resulting in it being more comfortable to a user.
Brennan teaches a harness with a connection system with a swivel connector (92), and the swivel connector being mounted to a pivot axis (88) located at a midsection of a coupling element (50). 
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify Kreuzeder so that the connector (21 from the modification above) is replaced with the swivel connector of Brennan, so that is mounted to a pivot axis located at a midsection of the coupling element. This alteration provides the predictable and expected results of the pivot further providing comfort to a user, while also preventing injury to the wearer or the safety seat/harness. After these modifications, the swivel connector is found to be mounted to a pivot axis located at a midsection of the coupling element due to the connector from Brennan (21) being at a midsection of the coupling element above the passage, and the modification is simply swapping this. After the modifications, the coupling element is also configured to always freely slide along the length of the bridge between the first and second D-rings in any configuration of the swivel connector about the pivot axis, and configured to always freely slide under load of a weight of a person due to the connector (21 from Riches) not interfering with the sliding action, thus after the modification with Brennan, this remains true.
The annotated fig. below describes the modifications made. 
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Regarding claim 62, Kreuzeder discloses harness for supporting a person at height, the harness comprising:
a waist belt 4, configured to encircle a waist of the person; a first leg loop 2, flexibly attached via a first strap to the waist belt 4, the first leg loop, configured to encircle a first leg of the person;
a second leg loop 3, flexibly attached via a second strap to the waist belt 4, the second leg loop configured to encircle a second leg of the person, as best seen in Figure 1;
first and second D-rings 14, 19, attached (via connecting components) respectively to the first and second leg loops, as best seen in Figure 1;
an elongate flexible bridge 7, extending between the first and second D-rings of the first and second leg loops, the elongate flexible bridge connecting the first leg loop and the second leg loop to each other and configured to extend across a front part of a body of the person in use, as best seen in Figure 1;
a connection system comprised of a connector 30, wherein the connection system, in use, distributes along a length of the bridge 7 a load, applied by a weight of the person wearing the harness, the connector extending along an axis, the connector configured to connect the connection system to a supporting element (component that interacts with element 30) for carrying a weight of the harness, wherein the connection system, in use, distributes along a length of the bridge a load applied by the weight of the person weighing the harness (a person’s weight is distributed along a length of the bridge equal to the width of element 30).
Kreuzeder fails to disclose the connector of the connection system being a swivel connector, and the connection system also having a tubular body that receives the elongate flexible bridge therethrough, the tubular body including a first end portion with a first opening, a second end portion with a second opening facing opposite the first end portion, and an elongated midsection extending along a longitudinal axis from the first end portion to the second end portion, the tubular body enclosing a passage extending along the longitudinal axis from the first opening at the first end portion to the second opening at the second end portion to receive the elongate flexible bridge therethrough, and the swivel connector extending along a swivel axis from an upper portion with an attachment eye to a bottom-most end, a lower portion of the swivel connector located above the bottom-most end being mounted, at a location along the swivel axis, to a pivot axis located at a mid-section of the tubular body and which is normal to and spaced from the longitudinal axis, the swivel connector configured to connect the connection system, via the attachment eye, to a supporting element for carrying a weight of the harness, wherein the tubular body is configured to always freely slide along the elongate flexible bridge received therethrough and configured to always freely slide under load of a weight of the person.
Riches teaches a harness with a connection system (7) comprising a connector (21) and a tubular body (20) that receives an elongate flexible bridge therethrough (fig. 5), the tubular body including a first end portion with a first opening (left side), a second end portion with a second opening (right side) facing opposite the first end portion, and an elongated midsection extending along a longitudinal axis from the first end portion to the second end portion (fig. 5), the tubular body enclosing a passage extending along the longitudinal axis from the first opening at the first end portion to the second opening at the second end portion to receive the elongate flexible bridge therethrough (fig. 5), wherein the coupling element is configured to always freely slide (column 5 lines 46-47) along the elongate flexible bridge received therethrough and configured to always freely slide under load of a weight of the person (when loaded it slides).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Kreuzeder with the teachings of Riches by replacing the connection system with that of Riches so that it comprises a connector, as well as a tubular body that receives the elongate flexible bridge therethrough, the tubular body including a first end portion with a first opening, a second end portion with a second opening facing opposite the first end portion, and an elongated midsection extending along a longitudinal axis from the first end portion to the second end portion, the tubular body enclosing a passage extending along the longitudinal axis from the first opening at the first end portion to the second opening at the second end portion to receive the elongate flexible bridge therethrough, wherein the coupling element is configured to always freely slide along the elongate flexible bridge received therethrough, and configured to always freely slide under load of a weight of the person. This alteration provides the predictable and expected results of the connection system being able to better distribute weight resulting in it being more comfortable to a user.
Brennan teaches a harness with a connection system with a swivel connector (92, column 4 lines 3-21), and the swivel connector extending along a swivel axis (axis along which element 92 can swivel) from an upper portion with an attachment eye (the portion that goes around element 12S in fig. 5) to a bottom-most end (right most end of 86 as shown in fig. 4), a lower portion (portion that contacts pin at 88) of the swivel connector located above the bottom-most end being mounted, at a location along the swivel axis (fig. 5), to a pivot axis (88) located at a mid-section of a tubular body (50) and which is normal to and spaced from a longitudinal axis (axis through which 15R extends in fig. 5), the swivel connector configured to connect the connection system, via the attachment eye, to a supporting element (92) for carrying a weight of the harness.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify Kreuzeder so that the connector (21 from the modification above) is replaced with the swivel connector of Brennan, so that the swivel connector extends along a swivel axis from an upper portion with an attachment eye to a bottom-most end, a lower portion of the swivel connector located above the bottom-most end being mounted, at a location along the swivel axis, to a pivot axis located at a mid-section of a tubular body and which is normal to and spaced from the longitudinal axis, the swivel connector configured to connect the connection system, via the attachment eye, to a supporting element for carrying a weight of the harness. This alteration provides the predictable and expected results of the pivot further providing comfort to a user, while also preventing injury to the wearer or the safety seat/harness. 
Regarding claim 63, modified Kreuzeder teaches that the attachment eye is configured to swivel about the swivel axis (axis along which element 92 can pivot, left right direction in fig. 5).
Regarding claim 65, modified Kreuzeder teaches that the first end portion at the first opening has a smooth lip structure surrounding the first opening, and the second end portion at the second opening has a smooth lip structure surrounding the second opening, as best seen in Figure 5 of Riches.
Regarding claim 67, modified Kreuzeder teaches that the connection system is opposite the first and second leg loops when in use and configured to remain in the front of the body of the person in use (functional language).
Claim 48 is rejected under 35 U.S.C. 103 as being unpatentable over Kreuzeder (EP2781235) in view of Riches (US 5279385) and Brennan (US 4546851), as applied above, and further in view of Ekman (4731882). 
Regarding claim 48, modified Kreuzeder is silent towards the distributing load along a length in excess of 10%, 20%, 25%, 50% or 100% of the dimension of the body of the person that is spanned by the bridge. 
Ekman teaches the utility of wherein the coupling mean is  capable of distributing a load along a length in excess of the dimension of the body of a user that is spanned by the bridge, as recited in column 1, lines 35-40. The use of a load being distributed over the user's body is old and well known in the art to prevent injury in the event of a fall. 
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to allow for the coupling means of the harness to distribute a load over the dimension of the body of the person as taught by Kreuzeder in view of Bergquist so as to prevent injury in the event of a fall. 
Claim 49 is rejected under 35 U.S.C. 103 as being unpatentable over Kreuzeder (EP2781235) in view of Riches (US 5279385) and Brennan (US 4546851), as applied above, and further in view of Copenhaver (US 9676486).
Regarding claim 49, modified Kreuzeder, as advance above, is silent towards the load distributed along the length of the coupling element. Copenhaver teaches the utility of wherein the coupling element is configured to distribute the load along a length of the coupling element of 100 mm to 500 mm, as recited in column 5, lines 27-42 and column 6, lines 18-36. The use of the load being distributed along the length of the coupling element is commonly used in the art to increase the wearers comfort by eliminating pressure points. 
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date or the claimed invention to allow for the coupling element of the harness of modified Kreuzeder to distribute the load along a length of the coupling element of 100mm to 500mm as taught by Copenhaver so as to increase the wearers comfort by eliminating pressure points.
Claims 59 and 61 are rejected under 35 U.S.C. 103 as being unpatentable over Kreuzeder (EP2781235) in view of Riches (US 5279385) and Brennan (US 4546851), as applied above, and further in view of Frantom (4315637).
Regarding claim 59, modified Kreuzeder, as advanced above, fails to disclose the apparatus having components configured to minimize friction and/or abrasion with the bridge. Frantom teaches the utility of wherein webbing/bridge and the connection system is formed of components (interpreted as the walls 22 surrounding the slot 20) configured to minimize friction and/or abrasion with the bridge, as recited in column 2, lines 27-36 and as best  seen in Figure 2. The use of components utilized to minimize friction and/or abrasion is old and well known in the art to prevent wear and tear to the device and to enhance the slidability of the rope to pass therethrough. 
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the apparatus of modified Kreuzeder with components configured to minimize friction and/or abrasion with the bridge, as taught by Frantom so as to minimize friction and/or abrasion as is old and well known in the art to prevent wear and tear to the device and to enhance the slidability of the rope to pass therethrough.
 Regarding claim 61, Frantom discloses wherein contact between the bridge and the connection system is made through smooth curved surfaces, as best seen in Figure 2.

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Response to Arguments
Applicant's arguments filed 5/12/2025 have been fully considered but they are not persuasive. 
The applicant argues that “Kreuzeder has a simple ring on a rope bridge. 
In contrast to the present invention, Kreuzeder does not  disclose  or  suggest  a  connection   system  including  a coupling element that is configured to always freely slide along the length of the bridge and does not disclose that the connection system includes a swivel connector that is mounted about a pivot axis.”
The examiner notes that the above rejection teaches all the limitations as claimed. The test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references.  Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art.  See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981). Kreuzeder alone does not teach all the limitations as claimed, but rather the combination  presented above is found to teach the limitations as claimed.  
The applicant argues that “Riches describes that    the  fall-arrest  apparatus includes a safety track and a component for carrying a load and which is displaceable along the track. Riches discloses that the component for carrying the load is attached to the back of the user. Riches is therefore concerned with an apparatus which provides a safeguard in the event of a fall of a user to prevent serious injury or death in the event of a fall. 
One skilled in the art would not have turned to Riches to modify the teachings of Kreuzeder to arrive at the present invention. Riches is concerned with a fall arrest system with the sole purpose of saving the user from injury or death in the event of a fall from height. One skilled in the art would not have turned to Riches to intentionally suspend a user from an anchor point in order to carry out work tasks for a prolonged period.”
The examiner notes that Riches is found to be in the same field of endeavor as Kreuzeder, as they both deal with safety harnesses for work above ground or elevated. One of ordinary skill in the art would have been compelled to look to Riches when looking for a solution to the problem presented, as it deals with safety harnesses for above ground work/above ground safety.
In response to applicant's argument that Riches is nonanalogous art, it has been held that a prior art reference must either be in the field of the inventor’s endeavor or, if not, then be reasonably pertinent to the particular problem with which the inventor was concerned, in order to be relied upon as a basis for rejection of the claimed invention.  See In re Oetiker, 977 F.2d 1443, 24 USPQ2d 1443 (Fed. Cir. 1992).  In this case, Riches is found to be in the same filed of endeavor, as both are drawn to fall protection/ fall arrest devices.
The applicant argues that “The Office asserts that one skilled in the art would have  turned  to   Riches  to  modify  Kreuzeder  "to  better distribute weight resulting in it being more comfortable to a user." However, Riches is not intended to better distribute weight. Riches is only provided as a brief fall arrest system and not a system in which a user is continuously suspended. One would not have turned to Riches "to better distribute weight" because Riches is unrelated to a system in which a user is continuously suspended at a height.”
The examiner notes that one of ordinary skill in the art would have been compelled to look to Riches when looking for a solution to the problem presented, as it deals with safety harnesses for above ground work/above ground safety, and that Riches would result in a better distribution of weight that is more comfortable to a user due to its shape. 
The applicant argues that “The Office asserts that Brennan cures some of the deficiencies in Kreuzeder and Riches. 
Brennan is directed to a tree-climbing apparatus, enabling a user to be suspended at a height above ground to carry out tasks at height. Brennan is accordingly in an entirely unrelated field to Riches and the disclosure of Riches and Brennan are unrelated. As with Kreuzeder, one skilled in the art would not have turned to Brennan to modify Riches and Kreuzeder to arrive at the present invention.”
The examiner respectfully disagrees and notes that Brennan is found to be in the same field of endeavor as Kreuzeder and Riches, as they all deal with safety harnesses for work above ground or elevated. One of ordinary skill in the art would have been compelled to look to Riches when looking for a solution to the problem presented, as it deals with safety harnesses for above ground work/above ground safety.
The applicant argues that “Therefore, the   combination  of the   teachings  of Kreuzeder, Riches, and Brennan does not disclose or suggest all the features of independent claims 47 and 62, and claims 47 and 62 are patentably distinguished over Kreuzeder, Riches, and Brennan. Ekman, Copenhaver, and Frantom fail to cure the deficiencies in Kreuzeder, Riches, and Brennan. Thus, claims 47 and 62 are patentably distinguished over the references relied upon. Claims 48, 49, 59, 61, 63, 65, and 67 depend either directly or indirectly from independent claims 47 and 62  and  are  therefore  patentably  distinguished  over   the references relied upon for at least the reasons discussed above. Accordingly, withdrawal of the § 103 rejections is respectfully requested.”
The examiner notes that the above rejection teaches all the limitations as claimed, as is explained in the rejection above. 
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW R SHEPHERD whose telephone number is (571)272-5657. The examiner can normally be reached M-F 8-5 EST.
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/M.S./               Examiner, Art Unit 3634                                                                                                                                                                                         
/ABE MASSAD/               Primary Examiner, Art Unit 3634