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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on February 12, 2026 has been entered.
Response to Amendment
This office action is responsive to the amendment filed on February 16, 2026. As directed by the amendment: claims 1 and 24 have been amended, no new claims have been canceled, and no new claims have been added. Thus, claims 1, 5-8, 11-20, 22, and 24 are presently pending in the application.
Response to Arguments
Applicant argues on page 7 of the remarks that the 112(a) and (b) rejections on Claim 1 and 24. Previously, examiner states that the claim has a written description and indefinite issue. Applicant has amended that claim to advance prosecution. Applicant response is persuasive, the previous 112 (a) and (b) rejections has been hereby withdrawn.
Applicant argued on page 8 of the remarks dated November 06, 2025 that the 103-rejection of Steck in view of Swetish is improper. Examiner respectfully disagrees. The Examiner characterizes the claimed limitations as merely functional. Examiner acknowledges that Steck teaches the “first elongate member” and Swetish is brought in to teach the “second elongate member”. Examiner rationale is that the second elongate member demonstrates the use of additional strap that would allow the waist belt to move or pivot and provide adjustability and support. It would be obvious to one of the ordinary skill in the art to incorporate the additional strap of Swetish in order to enhance adjustability and functional of the support assembly. This functionally will accommodate users of varying sizzes, heights, and weights. Providing the extra strap will allow selective tightening or loosening and this is a known design consideration that improves fit and user comfort. Applicant has amended the claims and a new 103 rejection stated below addresses the new limitations of the claim.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
Claim 17, line 2, “a retaining device”
Claim 17, lines 3-4, “the upper shoulder pad retaining element”
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1, 5-8, 11, 15-20, 22, and 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Steck et al. (US 20130240292 A1) in view of Swetish (US 5954253 A) and Wang (US 20140345604 A1).
Regarding Claim 1, Steck discloses a support assembly for a self-contained breathing apparatus (harness system 20, [0039], Fig 1), the support assembly comprising:
a. a rigid back frame (back plate 40, [0040], Fig 2A & 2B) configured to be positioned adjacent a user's back when worn by the user ([0040]), the back frame having an upper region and a lower region (see annotation of Steck Fig 2A below);
b. a waist pad (waist belt assembly including support pad 100 and waist belt 80, [0044], Fig 1 & 4) removably attached to the lower region of the back frame (Fig 1 depicts waist belt assembly positioned with lower region of back frame, [0027] supports detachability); and
c. a first elongate securing member (release straps 300 & 300a, [0046], Fig 3 & 4) arranged to removably secure the back frame to the waist pad ([0046] maintains a connection between support pad 100 of the waist belt assembly and back plate 40), the first elongate securing member is a first flexible strap (300+300a, [0046] supports formed of polymeric material which is known to be flexible, Fig 3 & 4) configured to slidably engage the lower region of the back frame (Examiner notes: interprets this limitation as functional language and asserts the capability of Steck’s harness system to permit pivoting with respect to the back frame, given the connection between support pad 100 of the waist belt assembly and back plate 40 via release straps 300 and 300a, which may be formed from woven webbing material, for example, a polymeric material, would allow for a degree of flexibility in its hold, [0046 and [ 0054] 300 connects to back plate 40 via back plate connector 312 (for example, tri-bar buckle) which passes through a slot 48 in back plate 40 & likewise 300a connects to 40 via 312a which passes through 48a in 40, thus demonstrating slidable engagement, Fig 2 and 3).
wherein the first elongate securing member is configured to allow the waist pad to pivot over predetermined range of rotation with respect to the back frame in a plane of rotation that is generally parallel to a longitudinal axis of the back frame and is generally parallel to a transverse axis of the back frame. (Examiner interprets this limitation as functional language and asserts the capability of Steck’s harness system to permit a finite range of motion with respect to the back frame, given the connection between support pad 100 of the waist belt assembly and back plate 40 via release straps 300 and 300a, which may be formed from woven webbing material, for example, a polymeric material, would allow for a degree of flexibility in its hold, [0046]),
Annotation of Steck Fig 2A
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Steck fails to disclose the a second elongate flexible securing member configured to removably secure the back frame to the waist pad, the second elongate flexible securing member being arranged generally parallel to a longitudinal axis of the back frame and the first and second elongate securing members form a flexible connection that provides a joint that provides a pivot point between the back frame and the waist pad, to allow the waist pad to pivot over the predetermined range of rotation with respect to the back frame (Examiner interprets this limitation as functional language and asserts the capability of Steck’s harness system to permit a finite range of motion with respect to the back frame, given the connection between support pad 100 of the waist belt assembly and back plate 40 via release straps 300 and 300a, which may be formed from woven webbing material, for example, a polymeric material, would allow for a degree of flexibility in its hold, [0046]).
However, Swetish teaches a support assembly (load support system 10, Col 4 line 20, Fig 1) further comprising a second elongate flexible securing member (lumbar strap 94, Col 5 line 67, Figs 3, 4 & 8) configured to removably secure the back frame to the waist pad (Col 6 lines 41-48, Fig 8).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the support assembly with the first elongate member, of Steck, to incorporate a second elongate flexible securing member that form a flexible connection with the first elongate member and provides a joint that provides a pivot point between the back frame and the waist pad, as taught by Swetish, to limit pivotal movement of the assembly with respect to frame, stabilizing the pack and improving distribution of loading between frame and assembly but also allowing there to be flexible connection when needed (Swetish: Col 6 lines 38-41).
Modified Steck does not specifically teach allow the waist pad to pivot over the predetermined range of rotation with respect to the back frame.
Also, Wang teaches that the waist pad (waist belt load portion 132; Fig 5; para. 0028) to pivot over the predetermined range of rotation with respect to the back frame (back plate 102; Fig. 2A-2B; para. 0024-0025, 0029)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify waist pad of Modified Steck to incorporate the predetermined range of rotation with respect to the back frame (back plate 102; Fig. 2A-2B; para. 0024-0025, 0029), as taught by Wang, in order to promote safe postures of the user of the self-contained breathing apparatus and to avoid over bending of the back of the user (para. 0028).
Regarding Claim 5, Modified Steck discloses the support assembly as defined in claim 1, Steck further discloses wherein the back frame (40) includes an upper edge, a lower edge, a pair of side edges, and opposed first and second major surfaces (see annotation of Fig 2A & 2B below for defined upper, lower and side edges, as well as first and second major surfaces), and further wherein at least one end of the first flexible strap (300+300a) is removably connected with the second major surface of the back frame (Fig 1 depicts a rear view showing 300/300a connected to second major surface (see annotated Steck Fig 2A & 2B below) of backplate 40 through slots 48/48a, [0054]; [0055] 1st sentence supports removability).
Annotation of Steck Figs 2A & 2B
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Regarding Claim 6, Modified Steck discloses the support assembly as defined in claim 5, Steck further discloses wherein each end of the first flexible strap (300+300a) is removably connected with the second major surface of the back frame (Fig 1 depicts a rear view showing 300/300a connected to second major surface (see annotated Steck Fig 2A & 2B above) of backplate 40 through slots 48/48a, [0054]; [0055] 1st sentence supports removability; Therefore, the strap’s removable connection to the second major surface of the back frame broadly indicates that all ends of the strap are removably connected).
Regarding Claim 7, Modified Steck discloses the support assembly as defined in claim 1, Steck further discloses wherein the waist pad (100+80) comprises a front surface for engaging the lower back region of the user ([0005] last sentence supports waist belt being worn by user, which encompasses low back region interfacing with an anterior surface of the waist belt assembly; [0041] waist belt 80 assists in maintaining position of the lower portion of 40 adjacent to user’s back) and a back surface opposite the front surface (Fig 3, 4 & 5 depict a rear surface of the waist belt assembly meant for connection to back plate 40), and further wherein the back surface of the waist pad includes a reinforced region (Fig 5 depicts a rear view of the waist belt 100+80 with release straps 300+300a removed, showing the reinforced horizontal region comprising loops 120/120a with fasteners 140/140a, hook and loop type fasteners 138/138a, loops 126/126a and member 130, allowing for distribution of force and utilized to maintain close contact over a length of the release straps 300+300a when in cooperation, [0049], [0052], [0055] & [0058]) comprising an elongate length of webbing (i.e hook and loop) that is permanently affixed to the waist pad and that has a longitudinal axis that is generally parallel to a longitudinal axis of the waist pad (Fig. 5).
Regarding Claim 11, Modified Steck teaches the support assembly as defined in claim 1, Steck further discloses a strap (retainer strap 110, [0048], Fig 4 & 5) permanently affixed (para. 0046; Examiner notes: that straps could be sewing an end thereof the top of support pad) to the waist pad ([0048] supports 110 extends from the top of support pad 100) in the region intermediate the first flexible strap connection points (first flexible strap = release straps 300 & 300a, [0046], Fig 3 & 4; first flexible strap connection points = Fig 5 depicts a rear view of the waist belt 100+80 with release straps 300+300a removed, showing the reinforced horizontal region comprising fasteners 140/140a and hook and loop type fasteners 138/138a, utilized to maintain close contact over a length of the release straps 300+300a when in cooperation; Examiner notes 110 is found in a region intermediate the aforementioned connection points).
Modified Steck fails to teach wherein the second elongate flexible securing member comprises a second flexible strap having a first end affixed to the waist pad, and a second end extending outwardly from the waist pad for engagement with the back frame.
However, Swetish further teaches wherein the second elongate flexible securing member (94) comprises a second flexible strap (lumbar strap 94, Col 5 line 67, Figs 3, 4 & 8) having a first end affixed to the waist pad (portion of 94 looping through slot 92 of hip belt assembly 20 as depicted in Fig 5, Fig 5 & 8), and a second end extending outwardly from the waist pad for engagement with the back frame (Fig 5 depicts 94 extending outwardly away from waist pad, and Fig 8 illustrates 94 engaging with the back frame 18).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the centralized second elongate flexible securing member, of Modified Steck, to incorporate a fixed first end and an extended second end for engaging the back frame, as further taught by Swetish, in order to provide a foundational securement location as well as an engagement portion to allow for load bearing through the hips and legs of the user, reducing strain on the upper body when loaded (Swetish: Col 5 lines 47-50).
Regarding Claim 15, Modified Steck discloses the support assembly as defined in claim 1, Steck further discloses a shoulder harness assembly (shoulder straps 24 + adjustable buckles 26 and 26a, [0054], Fig 1 & 3) attached to the back frame (Fig 3 depicts 24 attached to 40) for securing the support assembly (20) around the shoulders of the user ([0040]).
Modified Steck fails to explicitly teach wherein the shoulder harness assembly is removably attached to the back frame for removably securing the support assembly around the shoulders of the user.
However, Swetish further teaches a shoulder harness assembly (shoulder support assembly 16, Col 4 line 26, Fig 2) that is removably attached to a back frame (frame 18; Abstract & Col 4 lines 32-35 support removable attachment, Fig 2) for removably securing a support assembly around the shoulders of the user (Col 2 lines 8-9, Fig 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the shoulder harness assembly, of Modified Steck, to incorporate a removable attachment to the back frame, as taught by Swetish, in order to afford quick and easy removal of a loaded back frame from the shoulders of a user.
Regarding Claim 16, Modified Steck teaches the support assembly as defined in claim 15,
Modified Steck fails to teach wherein the shoulder harness assembly includes a pair of shoulder pads having an upper end removably connected with the upper region of the back frame and a lower end removably connected with the lower region of the back frame.
However, Swetish further teaches wherein the shoulder harness assembly (16) includes a pair of shoulder pads (shoulder support 22, Col 4 lines 26-27, Fig 2) having an upper end removably connected with the upper region of the back frame (Col 4 line 66 – Col 5 line 2, Fig 2 & 10) and a lower end removably connected with the lower region of the back frame (Col 4 lines 27-35, Fig 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the shoulder harness assembly, of Modified Steck, to incorporate a pair of shoulder pads removably connected to the upper and lower parts of the back frame, as further taught by Swetish, in order to provide greater means for adjustment to comfortably position and distribute the load (Swetish: Col 4 lines 35-38).
Regarding Claim 17, Modified Steck teaches the support assembly as defined in claim 16,
Modified Steck fails to teach wherein the upper ends of the shoulder pads include a strap having a retaining device, and further wherein the upper region of the back frame contains a slot for matingly receiving the upper shoulder pad retaining element, thereby providing manually releasable engagement between the upper ends of the shoulder pads and the upper region of the back frame.
However, Swetish further teaches wherein the upper ends of the shoulder pads (portion of 22 toward 118 & 120, Fig 10) include a strap having a retaining device (rear attachment ends 118 with pins 120, Col 7 lines 27-28, Fig 10; Examiner notes Col 7 line 27 typo 122 should read 120 as it relates to Fig 10), and further wherein the upper region of the back frame (upper portion 44 of back frame 18, Col 3 lines 53-54, Fig 2) contains a slot (apertures/slots 54, Col 7 line 28, Fig 2 & 10) for matingly receiving the upper shoulder pad retaining element (Col 7 lines 27-28, Fig 2 & 10), thereby providing manually releasable engagement between the upper ends of the shoulder pads and the upper region of the back frame (Col 4 line 66 – Col 5 line 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the shoulder pads and back frame, of Modified Steck, to incorporate a strap having a retaining device at the upper ends of the shoulder pads and a corresponding slot in the back frame for receiving the retaining device, as further taught by Swetish, in order to provide greater means for adjustment to comfortably position and distribute the load (Swetish: Col 4 lines 35-38) to fit the proportional needs of a given individual.
Regarding Claim 18, Modified Steck teaches the support assembly as defined in claim 17,
Modified Steck fails to teach wherein the lower ends of the shoulder pads are connected with the lower region of the back frame by adjustable waist-to-shoulder pad extension straps.
However, Swetish further teaches wherein the lower ends of the shoulder pads (see annotation of Swetish Fig 2 below) are connected with the lower region of the back frame (lower portion 46 of back frame 18, Col 4 lines 53-54, Fig 2) by adjustable waist-to-shoulder pad extension straps (lower webbing straps 26, Col 4 line 27-29, Fig 1 illustrates connections).
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Annotation of Swetish Fig 2
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the shoulder pads, of Modified Steck, to connect to the lower region of the back frame by adjustable waist-to-shoulder pad extension straps, as further taught by Swetish, in order to provide further means for adjustment to comfortably position and distribute the load (Swetish: Col 4 lines 35-38) to fit the proportional needs of a given individual.
Regarding Claim 19, Modified Steck teaches the support assembly as defined in claim 18,
Modified Steck fails to teach wherein the lower ends of the shoulder pads include buckles for slidably received the waist-to-shoulder pad extension straps.
However, Swetish further teaches wherein the lower ends of the shoulder pads (see annotation of Swetish Fig 2 above) include buckles (ladder locks 28, Col 4 line 31-32, Fig 1) for slidably received the waist-to-shoulder pad extension straps (Col 4 lines 35-40).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the shoulder pads, of Modified Steck, to incorporate buckles for slidably receiving the waist-to-shoulder pad extension straps, as further taught by Swetish, in order to provide quick and easy self-adjustment to comfortably position and distribute the load (Swetish: Col 4 lines 35-38).
Regarding Claim 20, Modified Steck teaches the support assembly as defined in claim 19,
Modified Steck fails to teach wherein the shoulder harness assembly and back frame are manually separable without the use of tools, and further wherein the shoulder harness assembly can be manually separated from the back frame without breaking any electrical or pneumatic connections.
Swetish further teaches wherein the shoulder harness assembly (16) and back frame (18) are manually separable without the use of tools (Fig 2 & 3 illustrate the separability of shoulder harness 16 from the back frame 18; Col 4 lines 32-35), and further wherein the shoulder harness assembly can be manually separated from the back frame without breaking any electrical or pneumatic connections (Examiner notes the phrase “can be” is vague and is broadly interpreted as could be, which could also not be. Thus, this limitation is interpreted as not required. Additionally, Steck in view of Swetish has taught a manual separation from the back frame, which does not require a break in any electrical or pneumatic connection (implicitly part of Steck’s device, Fig 1), but would rather present as a lag in the connection).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the connection between the shoulder harness and back frame of Modified Steck, to be manually separable, as further taught by Swetish, in order to afford quick and easy removal of a loaded back frame from the shoulders of a user.
Regarding Claim 22, Modified Steck discloses the support assembly as defined in claim 1, wherein the first elongate securing member (release straps 300 & 300a, [0046], Fig 3 & 4) is slidably engaged (Examiner interprets this limitation as functional language and asserts the capability of Steck’s harness system to permit pivoting with respect to the back frame, given the connection between support pad 100 of the waist belt assembly and back plate 40 via release straps 300 and 300a, which may be formed from woven webbing material, for example, a polymeric material, would allow for a degree of flexibility in its hold, [0046 and [ 0054] 300 connects to back plate 40 via back plate connector 312 (for example, tri-bar buckle) which passes through a slot 48 in back plate 40 & likewise 300a connects to 40 via 312a which passes through 48a in 40, thus demonstrating slidable engagement, Fig 3) with first and second openings (position slots 112; Fig. 4, 6E, 8; para. 0051) that are spaced along a transverse axis of the back frame (Fig. 3), length and width dimensions of the first and second openings being greater than a width of the first elongate securing member (para. 0051).
Claims 8 are rejected under 35 U.S.C. 103 as being unpatentable over Steck Swetish, and Wang, as applied to claim 7, in view of Hexels (US 20130042376 A1).
Regarding Claim 8, Modified Steck discloses the support assembly as defined in claim 7, wherein each end of the first flexible strap (lateral most portions of 300+300a overlapping 120 and 120a, respectively, as depicted in Fig 4) includes a pair of fasteners ([0055] supports cooperating fasteners 140/140a meant to correspond with fasteners 320/320a of release straps 300/300a, Fig 5; [0037] supports singular forms include plural references unless clearly indicated otherwise) for removably attaching the first flexible strap to the elongate length of webbing of the reinforced region of the waist pad (Fig 5 depicts a rear view of the waist belt 100+80 with release straps 300+300a removed, showing the reinforced horizontal region comprising loops 120/120a with fasteners 140/140a, hook and loop type fasteners 138/138a, loops 126/126a and member 130, allowing for distribution of force and utilized to maintain close contact over a length of the release straps 300+300a when in cooperation, [0049], [0052], [0055] & [0058]; [0055] supports removable attachment of 300+300a to the above defined reinforced region), thereby allowing the waist pad (100+80) and back frame (40) to be manually separated without the use of tools ([0055] supports separation via the user performing pulling actions).
Modified Steck does not specifically disclose that the fasteners are snap fasteners.
However, Hexels teaches snap fasteners (Fig. 1; 6; para. 0060).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the fasteners of Modified Steck to include the snap fasteners as taught by Hexels for the purpose of arranged in the vicinity of certain position so that they can be easily opened and closed by the wearer of the carrying system (para. 0060).
Claims 12 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Steck Swetish, and Wang, as applied to claim 11, in view of Gregory (US 5564612 A).
Regarding Claim 12, Modified Steck teaches the support assembly as defined in claim 11,
Modified Steck fails to teach wherein the back frame includes a backrest portion and an angled shelf portion extending outwardly from the lower edge of the backrest portion, whereby the backrest portion and angled shelf portion form a generally L-shaped back frame.
However, Gregory teaches a back frame (Col 2 line 65- Col 3 line 2 “a frame consisting of a pair of contoured aluminum side rails 14 and 16 to which are attached a plurality of separate molded plastic frame members including a upper member 18, a center member 22 and a bottom or lower member 24”, Fig 2) includes a backrest portion (vertical portion of frame when in upright position, Fig 2) and an angled shelf portion (lower member 24, Col 3 lines 1-2, Fig 2, 3 & 6) extending outwardly from the lower edge of the backrest portion (Fig 3), whereby the backrest portion and angled shelf portion form a generally L-shaped back frame (Fig 3 illustrates general L shape created between more horizontally oriented 24 and the more vertically orientation of the rest of the frame).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the frame, of Modified Steck, in order to incorporate an L-shape via a bottom generally horizontal member, as taught by Gregory, in order to provide a stable platform for supporting the backpack on a reasonably flat surface when the carry bag is loaded (Gregory: Col 3 lines 44-52).
Regarding Claim 14, Modified Steck teaches the support assembly as defined in claim 12,
Modified Steck fails to teach wherein the back frame further comprises a reinforcing member extending from the shelf portion to the upper region of the backrest portion.
However, Gregory further teaches wherein the back frame further comprises a reinforcing member (rails 14 and 16, Col 3 line 62, Fig 3) extending from the shelf portion (24) to the upper region of the backrest portion (Fig 3 illustrates rails 14 and 16 extending from bottom 24 up to the upper portion 18 of the frame).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the frame, of Modified Steck, in order to incorporate a reinforcing member, as further taught by Gregory, in order to provide greater structural integrity to the frame, enabling the carrying of heavier loads.
Claims 13 is rejected under 35 U.S.C. 103 as being unpatentable over Steck, of Swetish, Wang, and Gregory, as applied to claim 12, in view of Pletz (US 3563431 A).
Regarding Claim 13, Modified Steck teaches the support assembly as defined in claim 12,
Modified Steck fails to teach wherein the second end of the second flexible strap includes a retaining device configured to interlock with a mating slot provided in the shelf portion of the back frame.
However, Pletz teaches wherein the second end of the second flexible strap (web 23, Col 4 line 18, Fig 1) includes a retaining device (eyelet, Col 4 lines 17-18, Fig 1) configured to interlock with a mating slot provided in the shelf portion of the back frame (Examiner interprets this limitation as functional language and asserts the capability of Pletz’ strap system to interlock with bore 36 with clevis pin 20 fitted through, in shelf 9, which mate with the eyelet of 23, Col 4 lines 16-21).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the strap system of the second flexible strap, of Modified Steck to incorporate a retaining device meant to mate with a corresponding slot in the shelf of the frame, as taught by Pletz, in order to aid in stabilizing the pack frame on the back of the user through the waist pad assembly (Col 4 lines 16-21).
Claims 24 are rejected under 35 U.S.C. 103 as being unpatentable over Steck Swetish, Wang, and Hexels.
Regarding Claim 24, Steck discloses a support assembly for a self-contained breathing apparatus(harness system 20, [0039], Fig 1), the support assembly comprising:
a. a rigid back frame (back plate 40, [0040], Fig 2A & 2B) configured to be positioned adjacent a user's back when worn by the user ([0040]), the back frame having an upper region and a lower region (see annotation of Steck Fig 2A above);
b. a waist pad (waist belt assembly including support pad 100 and waist belt 80, [0044], Fig 1 & 4) removably attached to the lower region of the back frame (Fig 1 depicts waist belt assembly positioned with lower region of back frame, [0027] supports detachability);
c. a first elongate securing member (release straps 300 & 300a, [0046], Fig 3 & 4) arranged to removably secure the back frame to the waist pad ([0046] maintains a connection between support pad 100 of the waist belt assembly and back plate 40), the first elongate securing member is a first flexible strap (300+300a, [0046] supports formed of polymeric material which is known to be flexible, Fig 3 & 4) configured to slidably engage the lower region of the back frame (Examiner interprets this limitation as functional language and asserts the capability of Steck’s harness system to permit pivoting with respect to the back frame, given the connection between support pad 100 of the waist belt assembly and back plate 40 via release straps 300 and 300a, which may be formed from woven webbing material, for example, a polymeric material, would allow for a degree of flexibility in its hold, [0046 and [ 0054] 300 connects to back plate 40 via back plate connector 312 (for example, tri-bar buckle) which passes through a slot 48 in back plate 40 & likewise 300a connects to 40 via 312a which passes through 48a in 40, thus demonstrating slidable engagement, Fig 2 and 3);
wherein the back frame (40) includes an upper edge, a lower edge, a pair of side edges, and opposed first and second major surfaces (see annotation of Fig 2A & 2B below for defined upper, lower and side edges, as well as first and second major surfaces), and further wherein at least one end of the first flexible strap (300+300a) is removably connected with the second major surface of the back frame (Fig 1 depicts a rear view showing 300/300a connected to second major surface (see annotated Steck Fig 2A & 2B above) of backplate 40 through slots 48/48a, [0054]; [0055] 1st sentence supports removability);
wherein each end of the first flexible strap (300+300a) is removably connected with the second major surface of the back frame (Fig 1 depicts a rear view showing 300/300a connected to second major surface (see annotated Steck Fig 2A & 2B above) of backplate 40 through slots 48/48a, [0054]; [0055] 1st sentence supports removability; Therefore, the strap’s removable connection to the second major surface of the back frame broadly indicates that all ends of the strap are removably connected);
wherein the waist pad (100+80) comprises a front surface for engaging the lower back region of the user ([0005] last sentence supports waist belt being worn by user, which encompasses low back region interfacing with an anterior surface of the waist belt assembly; [0041] waist belt 80 assists in maintaining position of the lower portion of 40 adjacent to user’s back) and a back surface opposite the front surface (Fig 3, 4 & 5 depict a rear surface of the waist belt assembly meant for connection to back plate 40), and further wherein the back surface of the waist pad includes a reinforced region (Fig 5 depicts a rear view of the waist belt 100+80 with release straps 300+300a removed, showing the reinforced horizontal region comprising loops 120/120a with fasteners 140/140a, hook and loop type fasteners 138/138a, loops 126/126a and member 130, allowing for distribution of force and utilized to maintain close contact over a length of the release straps 300+300a when in cooperation, [0049], [0052], [0055] & [0058]) comprising an elongate length of webbing (i.e hook and loop) that is permanently affixed (para. 0046; Examiner notes: sewing an end thereof the top of support pad) to the waist pad and that has a longitudinal axis that is generally parallel to a longitudinal axis of the waist pad (Fig. 5); and
wherein each end of the first flexible strap (lateral most portions of 300+300a overlapping 120 and 120a, respectively, as depicted in Fig 4) includes pair of fasteners ([0055] supports cooperating fasteners 140/140a meant to correspond with fasteners 320/320a of release straps 300/300a, Fig 5; [0037] supports singular forms include plural references unless clearly indicated otherwise) for removably attaching the first flexible strap to the elongate length of webbing of the reinforced region of the waist pad (Fig 5 depicts a rear view of the waist belt 100+80 with release straps 300+300a removed, showing the reinforced horizontal region comprising loops 120/120a with fasteners 140/140a, hook and loop type fasteners 138/138a, loops 126/126a and member 130, allowing for distribution of force and utilized to maintain close contact over a length of the release straps 300+300a when in cooperation, [0049], [0052], [0055] & [0058]; [0055] supports removable attachment of 300+300a to the above defined reinforced region), thereby allowing the waist pad (100+80) and back frame (40) to be manually separated without the use of tools ([0055] supports separation via the user performing pulling actions).
Steck fails to disclose a second elongate flexible securing member configured to removably secure the back frame to the waist pad, the second elongate flexible securing member being arranged generally parallel to a longitudinal axis of the back frame; wherein the first flexible strap and the second elongate flexible securing member are configured to form a flexible connection that provides a joint that provides a pivot point between the back frame and the waist pad, that allows the waist pad to pivot over a predetermined range of rotation with respect to the back frame.
However, Swetish teaches a support assembly (load support system 10, Col 4 line 20, Fig 1) further comprising a second elongate flexible securing member (lumbar strap 94, Col 5 line 67, Figs 3, 4 & 8) configured to removably secure the back frame to the waist pad (Col 6 lines 41-48, Fig 8).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the support assembly with the first elongate member, of Steck, to incorporate a second elongate flexible securing member that form a flexible connection with the first elongate member and provides a joint that provides a pivot point between the back frame and the waist pad, as taught by Swetish, to limit pivotal movement of the assembly with respect to frame, stabilizing the pack and improving distribution of loading between frame and assembly but also allowing there to be flexible connection when needed (Swetish: Col 6 lines 38-41).
Modified Steck does not specifically disclose that the fasteners are a snap fasteners.
However, Hexels teaches snap fasteners (Fig. 1; 6; para. 0060).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the fasteners of Modified Steck to include the snap fasteners as taught by Hexels for the purpose of arranged in the vicinity of certain position so that they can be easily opened and closed by the wearer of the carrying system (para. 0060).
Modified Steck does not specifically teach allow the waist pad to pivot over the predetermined range of rotation with respect to the back frame.
Also, Wang teaches that the waist pad (waist belt load portion 132; Fig 5; para. 0028) to pivot over the predetermined range of rotation with respect to the back frame (back plate 102; Fig. 2A-2B; para. 0024-0025, 0029)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify waist pad of Modified Steck to incorporate the predetermined range of rotation with respect to the back frame (back plate 102; Fig. 2A-2B; para. 0024-0025, 0029), as taught by Wang, in order to promote safe postures of the user of the self-contained breathing apparatus and to avoid over bending of the back of the user (para. 0028).
Conclusion
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/MAAP ELLABIB/Examiner, Art Unit 3785 /KENDRA D CARTER/Supervisory Patent Examiner, Art Unit 3785