Is RBF a Pinning Attack?

The official specification of opt-in RBF says that if your parent transaction is RBF, then your child transaction should also be RBF. So now it's possible to create a transaction where the attacker would put a non RBF transaction on top of the RBF transaction. And then you can't replace that anymore because the second transaction does not signal RBF. That one might be fixable with this change, right? Because then it doesn't matter whether or not the transaction isRBF as long as it obeys the other rules. Right.