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 (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 1-16 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Green et al. (4,993,515) hereinafter Green, in view of Tomlinson et al. (6,374,408) hereinafter Tomlinson.
Green discloses:
Claim 1: A climber wrap pad, comprising:
a wrap pad body (Fig. 1; 29) extending from a first end to a second end, wherein the first end comprises a first edge and the second end comprises a second edge opposite the first edge (Fig. 13; see detail);
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a connection mechanism assembly comprising a first buckle assembly and a complementary second buckle assembly (Fig. 1; 7/8) configured to connect the first end to the second end (Col. 5, Lines 18-22), wherein the connection mechanism assembly further comprises a strap (Fig. 1; 6) having a first end connected to the first buckle (Fig. 1; nearest 7) and a second end connected to the second buckle (Fig. 1; nearest 8) but fails to disclose wherein at least one of the first buckle assembly or the second buckle assembly is directly attached at the first edge or the second edge; and having a first outer surface and an opposing outer surface defining an interior space therein between and wherein a portion of the strap is positioned within the interior space and between the first and second surfaces of the wrap pad body.
However, Tomlinson discloses a connection mechanism assembly directly attached at first and second edges where a portion of the strap is positioned within the interior space and between first and second surfaces of the wrap pad body (Fig. 3; 36 is attached at the edge of 44 and positioned within an interior space between 22 and 26).
Therefore, 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 mechanism and wrap pad of Green to have the strap attach at first and second edges that are sandwiched between first and second surfaces, as taught by Tomlinson, with a reasonable expectation of success because it would prevent the connection mechanism assembly from becoming detached and lost.
Thus, in combination Green and Tomlinson disclose the first buckle assembly or the second buckle assembly, of Green, is directly attached at the first edge or the second edge, of Tomlinson; and having a first outer surface and an opposing outer surface defining an interior space therein between, of Tomlinson, by substituting the straps (30a/b) of Green with the fabric covers 22 and 26, of Tomlinson, wherein the connection mechanism assembly further comprises a strap having a first end connected to the first buckle and a second end connected to the second buckle, of Green, and wherein a portion of the strap is positioned within the interior space and between the first and second surfaces of the wrap pad body, of Tomlinson.
Claim 2: Green discloses the climber wrap pad of claim 1, wherein the wrap pad body has a main body portion extending between the first end and the second end (Fig. 1; 29 extends between the first and second ends) and a side body portion (Fig. 13; see detail) extending from the main body portion.
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Claim 4: Green discloses the climber wrap pad of claim 2, further comprising an opening extending through a lower edge of the side body portion (Fig. 13; 30c).
Claim 5: Green discloses the climber wrap pad of claim 1, further comprising a gaff (Fig. 1; 3) connected to the wrap pad body (Fig. 1; 3 is connected via 1).
Claim 6: Green discloses the climber wrap pad of claim 1, further comprising a hook (Fig. 1; 2) connected to and extending from the wrap pad body (Fig. 1; 2 is connected via 1).
Claim 7: Green discloses the climber wrap pad of claim 1, further comprising an adjustment mechanism extending across at least a portion of the wrap pad body (Fig. 1; 6 extends across the wrap body), wherein the adjustment mechanism is an adjustment strap (Fig. 1; 6) configured to connect to a fixation device (Fig. 1; 5) on the wrap pad body.
Claim 8: Green discloses the climber wrap pad of claim 1, wherein in a connected position when the first and second buckles are connected (Col. 5, Lines 18-22), the adjustment mechanism is configured to increase or reduce a perimeter of the wrap pad body (Col. 5, Lines 18-22).
Claim 9: Green discloses a climber wrap pad, comprising:
a wrap pad body having a main body portion and a side body portion (Fig. 13; see detail), the main body portion extending from a first end (Fig. 13; see detail) to a second end, wherein the first end comprises a first edge and the second end comprises a second edge opposite the first edge, (Fig. 13; see detail) and the side body portion extending from the main body portion (Fig. 13; see detail);
a support (Fig. 1; 26) extending through the main body portion of the wrap pad body;
a loop (Fig. 1; 28) extending from the support and through the main body portion;
a connection mechanism assembly comprising a first buckle (Fig. 1; 7) and a complementary second buckle (Fig. 1; 8) configured to connect the first end to the second end (Col. 3, Lines 24-28), wherein the connection mechanism assembly further comprises a strap (Fig. 1; 6) having a first end connected to the first buckle (Fig. 1; nearest 7) and a second end connected to the second buckle (Fig. 1; nearest 8) but fails to disclose wherein at least one of the first buckle assembly or the second buckle assembly is directly attached at the first edge or the second edge; and having a first outer surface and an opposing outer surface defining an interior space therein between and wherein a portion of the strap is positioned within the interior space and between the first and second surfaces of the wrap pad body.
However, Tomlinson discloses a connection mechanism assembly directly attached at first and second edges where a portion of the strap is positioned within the interior space and between first and second surfaces of the wrap pad body (Fig. 3; 36 is attached at the edge of 44 and positioned within an interior space between 22 and 26).
Therefore, 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 mechanism and wrap pad of Green to have the strap attach at first and second edges that are sandwiched between first and second surfaces, as taught by Tomlinson, with a reasonable expectation of success because it would prevent the connection mechanism assembly from becoming detached and lost.
Thus, in combination Green and Tomlinson disclose the first buckle assembly or the second buckle assembly, of Green, is directly attached at the first edge or the second edge, of Tomlinson; and having a first outer surface and an opposing outer surface defining an interior space therein between, of Tomlinson, by substituting the straps (30a/b) of Green with the fabric covers 22 and 26, of Tomlinson, wherein the connection mechanism assembly further comprises a strap having a first end connected to the first buckle and a second end connected to the second buckle, of Green, and wherein a portion of the strap is positioned within the interior space and between the first and second surfaces of the wrap pad body, of Tomlinson.
Claim 10: Green discloses the climber wrap pad of claim 9, further comprising an adjustment mechanism configured (Fig. 1; 6) to extend over or through the loop (Fig. 1; 6 extends through 28) and wherein in a connected position when the first and second ends are connected via the connection mechanism (Col. 5, Lines 18-22), the adjustment mechanism is configured to increase or reduce a perimeter of the main body portion (Col. 5, Lines 18-22).
Claim 11: Green discloses the climber wrap pad of claim 9, wherein the side body portion extends at an angle of 90 degrees or less relative to the main body portion (Fig. 13; see detail).
Claim 12: Green discloses the climber wrap pad of claim 9, further comprising an opening extending through a lower edge of the side body portion (Fig. 13; 30c).
Claim 13: Green discloses the climber wrap pad of claim 9, further comprising a gaff (Fig. 1; 3) connected to the side body portion.
Claim 14: Green discloses the climber wrap pad of claim 13, wherein a hook (Fig. 1; 2) extends from the side body portion and the gaff (Fig. 1; 3) extends from the hook.
Claim 15: Green discloses the climber wrap pad of claim 14, wherein the hook curves toward the wrap pad body (Fig. 1; 1 is depicted curving towards the wrap pad body) and the gaff extends away from the wrap pad body (Fig. 1; 3 is depicted extending away from the wrap pad body).
Claim 16: Green discloses the climber wrap pad of claim 10, wherein the adjustment mechanism is an adjustment strap (Fig. 1; 6) configured to connect to a fixation device (Fig. 1; 5) on the wrap pad body.
Claim 19: Green discloses the climber wrap pad of claim 9, wherein the strap comprises an adjustability section (Fig. 1; 6 is adjustable by tightening or loosening the strap through 8).
Claim 20: Green discloses the climber wrap pad of claim 19, wherein the adjustability section is a clip (Fig. 1; see detail).
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Claims 3 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Green et al. (4,993,515) hereinafter Green, in view of Tomlinson et al. (6,374,408) hereinafter Tomlinson, as applied to the above claims, and further in view of Monnig (2014/0014440).
Claim 3: Green discloses the climber wrap pad of claim 2, but fails to disclose wherein the side body portion extends at an acute angle relative to the main body portion.
However, Monnig discloses a side body portion extends at an acute angle relative to the main body portion (Fig. 5; 46).
Therefore, 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 climber wrap pad of Green to include the acutely angled side body, as taught by Monnig, with a reasonable expectation of success because it would be a more ergonomic fit and extend with the users natural leg angle.
Claim 17: Green discloses the climber wrap pad of claim 10, but fails to disclose further comprising a hook and loop fastener patch on the wrap pad body configured to attach to the adjustment mechanism.
However, Monnig discloses a hook and loop fastener patch (Fig. 4; 52).
Therefore, 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 climber wrap pad of Green to include the hook and loop fastener patch, as taught by Monnig, with a reasonable expectation of success because it would allow for releasable attachment of the adjustment mechanism.
Response to Arguments
Applicant’s arguments filed August 25, 2025 have been fully considered but they are not persuasive.
With respect to the prior art rejections, applicant first argues that the secondary reference of Tomlinson fails to disclose “wherein a portion of the strap is positioned within the interior space between the first and second surfaces of the wrap pad body” because Fig. 5 fails to depict the strap (36) as extending through the cross-sectional view. While the examiner concedes that the strap of Tomlinson is not depicted in Fig. 5 as being positioned within the interior space, Fig. 3 does show the strap within the interior space. It is the examiners position that, at best, it’s unclear if the entire strap is positioned within the interior space between the first and second surfaces, but at the very least it’s clear from Fig. 5 that at least a portion of the strap is positioned within the interior space because the stitching is depicted as within the perimeter of the body, where the stitching is attaching the strap and the first and second surfaces together. With respect to the applicant’s argument that it would not be obvious to modify Green with Tomlinson because one would need to cut open the front fabric and the internal pad of Green in order to insert the strap therebetween. This argument is not persuasive because the proposed combination substituted the strap holders of Green with the first and second fabric covers of Tomlinson to attach the strap to the body of Green, as such, there would be no need to cut the fabric and internal pad of Green.
In response to applicant's argument that the examiner's conclusion of obviousness is based upon improper hindsight reasoning, it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant's disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971).
For at least these reasons applicant’s remarks are not found persuasive and the claims remain rejected as advanced 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 Kathleen M. McFarland whose telephone number is (571)272-9139. The examiner can normally be reached Monday-Friday 8:00am-4:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Mattei can be reached at (571) 270-3238. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Kathleen M. McFarland/Examiner, Art Unit 3635
Kathleen M. McFarland
Examiner
Art Unit 3635
/BRIAN D MATTEI/Supervisory Patent Examiner, Art Unit 3635