Patent Application 17754958 - FALL PROTECTION SYSTEM

Title: FALL PROTECTION SYSTEM

Application Information

Invention Title: FALL PROTECTION SYSTEM
Application Number: 17754958
Submission Date: 2025-04-09T00:00:00.000Z
Effective Filing Date: 2022-04-18T00:00:00.000Z
Filing Date: 2022-04-18T00:00:00.000Z
National Class: 182
National Sub-Class: 003000
Examiner Employee Number: 87307
Art Unit: 3634
Tech Center: 3600

Rejection Summary

102 Rejections: 1
103 Rejections: 1

Cited Patents

The following patents were cited in the rejection:

US 0126198🔗

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 .
Response to Arguments
Applicant’s arguments filed March 26, 2025 have been fully considered but are not persuasive. Applicant argues that Bushnell discloses more than one movable mast section and more than one winch assembly and therefore does not read on the claims reciting “exactly one.” Examiner respectfully disagrees. Firstly, the claims recite “comprising” which allows for additional elements; the claims do not recite “consisting of” which would exclude additional elements.
Claim Objections
Claim 11 is objected to for the following informalities. Claim 11 recites “exactly one winch assembly, to the movable mast section” which is grammatically incorrect; it appears “operably connected” were inadvertently struck through. Appropriate correction is required.
Claim Rejections - 35 USC § 102
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 (i.e., changing from AIA to pre-AIA ) 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 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 1-6, 8, 9, 11-14, 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bushnell (US Patent No. 4,015,686).
Regarding claim 1, Bushnell discloses a fall protection system comprising:
a mast assembly (25, 26, 27) with a fixed mast section (25) and with exactly one movable mast section (26 OR 27 can be interpreted as the movable section);
exactly one winch assembly (34, 80-85, 79 forms a winch assembly) operably connected to the movable mast section (Fig 2 and Fig 4); and
a locking mechanism (100) adapted to lock the movable mast section relative to the fixed mast section (Fig 10),
the locking mechanism comprising: a locking pawl (100) connected to the winch assembly (Fig 11), wherein the locking pawl is adapted to rotate (about 106) between an engaged position and a disengaged position; and
wherein the locking pawl (100) engages with the fixed mast section (25) in the engaged position to prevent relative movement between the fixed mast section (25) and the movable mast section (26); and
at least one spring (109) adapted to bias the locking pawl towards the engaged position;
wherein the winch assembly is adapted to retain the locking pawl in the disengaged position against the biasing of the at least one spring based on a tension selectively applied by the winch assembly (col 2, line 63 – col 3, line 62).
Regarding claim 2, Bushnell discloses wherein the winch assembly includes a cable (79) that selectively applies the tension by the winch assembly (col 5, lines 11-15).
Regarding claim 3, Bushnell discloses wherein the at least one spring (109) is adapted to allow the locking pawl (100) to rotate to the engaged position based on at least a decrease in the tension selectively applied by the cable (when cable 79 breaks). The tension is selectively applied when the cable breaks which results in a decrease in tension.
Regarding claim 4, Bushnell discloses a mounting structure (Fig 10), wherein the locking pawl and the at least one spring are connected to the mounting structure (100, 109 are connected to the structure shown in Fig 10).
Regarding claim 5, Bushnell discloses wherein the mounting structure is fixedly connected to the movable mast section (Fig 4 at locations of sheaves).
Regarding claim 6, Bushnell discloses wherein the fixed mast section includes at least one recess disposed on an outer surface thereof, wherein the locking pawl engages with the at least one recess in the engaged position (via channels 101 and latch openings 102).
Regarding claim 8, Bushnell discloses wherein the movable mast section is movable based on an operation of the winch assembly.
Regarding claim 9, Bushnell discloses wherein the at least one spring includes a pair of springs (109, Fig 10).
Regarding claim 11, Bushnell discloses a fall protection system comprising:
a mast assembly (25, 26, 27) with a fixed mast section (25) and with exactly one movable mast section (26 OR 27);
exactly one winch assembly (34, 80-85, 79), to the movable mast section (Fig 2 and Fig 4); and
a locking mechanism (100) adapted to lock the movable mast section relative to the fixed mast section (Fig 10),
the locking mechanism comprising: a locking pawl (100) connected to the winch assembly (Fig 11), wherein the locking pawl is adapted to rotate (about 106) between an engaged position and a disengaged position; and
wherein the locking pawl (100) engages with the fixed mast section (25) in the engaged position to prevent relative movement between the fixed mast section (25) and the movable mast section (26); and
at least one spring (109) adapted to bias the locking pawl towards the engaged position;
wherein the winch assembly is adapted to retain the locking pawl in the disengaged position against the biasing of the at least one spring based on a tension selectively applied by the winch assembly (col 2, line 63 – col 3, line 62);
wherein the at least one spring (109) is adapted to allow the locking pawl (100) to rotate to the engaged position based on at least a decrease in the tension selectively applied by the cable (when cable 79 breaks). The tension is selectively applied when the cable breaks which results in a decrease in tension.
Regarding claim 12, Bushnell discloses a mounting structure (Fig 10), wherein the locking pawl and the at least one spring are connected to the mounting structure (100, 109 are connected to the structure shown in Fig 10).
Regarding claim 13, Bushnell discloses wherein the mounting structure is fixedly connected to the movable mast section (Fig 4 at locations of sheaves).
Regarding claim 14, Bushnell discloses wherein the fixed mast section includes at least one recess disposed on an outer surface thereof, wherein the locking pawl engages with the at least one recess in the engaged position (via channels 101 and latch openings 102).
Regarding claim 16, Bushnell discloses wherein the movable mast section is movable based on an operation of the winch assembly.
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 (i.e., changing from AIA to pre-AIA ) 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.

Claims 10 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Bushnell, as applied in claim 1 and 11 above, in further view of Troy et al. (US 2018/0126198), hereinafter referred to as Troy.
Regarding claims 10 and 17, Bushnell discloses wherein the at least one spring is a compression spring (109). Troy teaches that it is known for a torsion spring to be a known alternative spring means (paragraph [0034]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to substitute the compression spring with a torsion spring.
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 Johnnie A. Shablack whose telephone number is (571)270-5344. The examiner can normally be reached Mon-Thu 6am-3pm EST, alternate Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Daniel Cahn can be reached on 571-270-5616. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Johnnie A. Shablack/Primary Examiner, Art Unit 3634