DETAILED ACTION
Status of the Application
Claims 1—7 & 9—11 have been examined in this application. Claims 8 & 12—20 have been canceled. This communication is a Non-Final Rejection in response to Applicants “Request for Continued Examination (RCE)” filed [10/09/2025].
Claim Objections
The objection made in the Final to Claim(s) 1 has been withdrawn in light of this
claim’s amendment.
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.
Claim(s) 1—4, 7, 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over DE 202021000071 U1 to Zwei in view of U.S Patent Application 2010/0140970 A1 A1 to Vrynois.
As per claim 1 Zwei teaches:
A carrying device for moving objects (abstract; Fig.1 generally shown) comprising: longitudinal straps (abstract; QS—Fig.1 longitudinal straps), each of the plurality of longitudinal straps having a first end and a second end (annotated—Fig.1);
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a plurality of lateral straps extending transversely to the longitudinal straps (abstract; LS—Fig.1 lateral straps),
wherein the plurality of longitudinal straps and the plurality of lateral straps are secured together to form a carrying net (BP—Fig.1 Claim 5: straps secured together at connection point BP forming carrying net) having a first end corresponding to the first ends of the plurality of longitudinal straps and a second end corresponding to the second ends of the plurality of longitudinal straps (annotated—Fig.1.1);
a first handle extending from the first end of the carrying net (TG1, TG2, TG3—Fig.1 first handle extending from first end of the carrying net); and a second handle extending from the second end of the carrying net (annotated—Fig.1.1 second handle extending from second end of the carrying net) wherein the at least four longitudinal straps includes a first side longitudinal strap, a second side longitudinal strap (annotated QS—Fig.1.3), and two middle longitudinal straps positioned centrally between the first and second side longitudinal straps (annotated QS—Fig.1.3), the two middle longitudinal straps spaced apart from one another and each middle
longitudinal strap being offset from a lateral center of the carrying net (annotated
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QS—Fig.1.3).
Zwei does not teach: at least four longitudinal straps and extending substantially parallel to one another.
Vrynois teaches: at least four longitudinal straps and extending substantially parallel to one another (16 & 18—Fig.1; para [0051]).
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Zwei (directed to a carrying net provided with lateral and longitudinal straps and a handle ) and Vrynois (directed a carrying device with at least four longitudinal straps) and arrived at a carrying net provided with at least four longitudinal straps. One of ordinary skill in the art would have been motivated to make such a combination to assist in carrying the object in an upright position when the users are vertically displaced as taught in Vrynois (para [0051]).
As per claim 2 Zwei (as modified) teaches:
The device of Claim 1, wherein the first and second handles are each handle loops extending from respective ends of the carrying net (TG1,2,3—Fig.1: handle loops formed at the top and bottom of the carrying device) and connected to opposing lateral sides of the respective ends of the carrying net (annotated—Fig.1.2); and the device further comprises: a first auxiliary handle extending laterally across an interior of the first handle loop (SP—Fig.1: first auxiliary handle extended laterally across interior of first handle loop TG1—3 ) from a first lateral side of the first handle loop to a second lateral of the first handle loop; and a second auxiliary handle extending laterally across an interior of the second handle loop (SP—Fig.1: second auxiliary handle) from a first lateral side of the second handle loop to a second lateral of the second handle loop.
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As per claim 3 Zwei (as modified) teaches:
The device of Claim 1, wherein the plurality of longitudinal straps and lateral straps are cross stitched (BP—Fig.1: cross stitch) together at each intersection of the longitudinal and lateral straps to form the carrying net (BP—Fig.1 Claim 5: straps sewn together at connection points BP forming carrying net).
As per claim 4 Zwei (as modified) teaches:
The device of Claim 1, wherein the carrying net includes a plurality of holes formed between adjacent longitudinal and lateral straps (Fig.1 & Fig.6 : generally shown holes formed between longitudinal and lateral straps).
As per claim 7 Zwei (as modified) teaches:
The device of Claim 1, wherein the carrying net is orientable in a flat orientation (Fig.1 generally shown: carrying net in flat orientation).
As per claim 11 Zwei (as modified) teaches
The device of Claim 1, wherein the plurality of lateral straps extend substantially parallel to one another (LS —Fig.1 lateral straps parallel to one another).
Claim(s) 5, 9, 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over DE 202021000071 U1 to Zwei in view of U.S Patent Application 2010/0140970 A1 to Vrynois in view of Non Patent Literature Beaver Lifting Net (NPL Beaver Lifting Net hereafter).
As per claim 5 Zwei (as modified) teaches The device of Claim 1.
Zwei does not teach, wherein each of the longitudinal straps, lateral straps, and handles are made from a cross woven plastic, resin, or synthetic material.
NPL Beaver Lifting Net teaches , wherein each of the longitudinal straps, lateral straps, and handles are made from a cross woven plastic, resin, or synthetic material (NPL Product Feature Bullet 1: lifting net polyester webbing).
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Zwei (directed to a carrying net provided with lateral and longitudinal straps and a handle) and Vrynois (directed a carrying device with at least four longitudinal straps) and NPL Beaver Lifting Net (directed to a carrying net, wherein each of the longitudinal straps, lateral straps, and handles are made from a cross woven plastic, resin, or synthetic material) and arrived at a carrying net provided with lateral and longitudinal straps and a handle wherein each of the longitudinal straps, lateral straps, and handles are made from a cross woven plastic, resin, or synthetic material. One of ordinary skill in the art would have been motivated to make such a combination to provide a strong webbing material as taught in NPL Beaver Lifting Net (Product Feature: Bullet 1).
As per claim 9 Zwei (as modified) teaches The device of Claim 1.
Zwei does not teach, wherein the middle longitudinal straps are spaced less than or equal to 12 inches apart from one another.
NPL Beaver Lifting Net teaches , wherein the middle longitudinal straps are spaced less than or equal to 12 inches apart from one another (Specification Table: lateral and longitudinal straps separated by net’s pocket pitch; each positioned less than 12 inches apart; Pocket pitch125mm).
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Zwei (directed to a carrying net provided with lateral and longitudinal straps and a handle) and Vrynois (directed a carrying device with at least four longitudinal straps) and NPL Beaver Lifting Net (directed to a carrying net, wherein each of the longitudinal straps spaced less than or equal to 12 inches apart from one another) and arrived at a carrying net provided with lateral and longitudinal straps middle longitudinal straps are spaced less than or equal to 12 inches apart from one another. One of ordinary skill in the art would have been motivated to make such a combination to provide a strong webbing structure as taught in NPL Beaver Lifting Net (NPL Product Feature: Bullet 1).
As per claim 10 Zwei (as modified) teaches The device of Claim 9
Zwei does not teach, wherein the middle longitudinal straps are spaced less than or equal to 8 inches apart from one another.
NPL Beaver Lifting Net teaches wherein the middle longitudinal straps are spaced less than or equal to 8 inches apart from one another (NPL Product Feature: annotated Fig.1).
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Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Zwei (directed to a carrying net provided with lateral and longitudinal straps and a handle) and Vrynois (directed a carrying device with at least four longitudinal straps) and NPL Beaver Lifting Net (directed to a carrying net, wherein each of the longitudinal straps spaced less 8 inches apart from one another) and arrived at a carrying net provided with lateral and longitudinal straps middle longitudinal straps are spaced less than 8 inches apart from one another. One of ordinary skill in the art would have been motivated to make such a combination to provide a strong webbing structure as taught in NPL Beaver Lifting Net (NPL Product Feature: Bullet 1).
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over DE 202021000071 U1 to Zwei in view of U.S Patent Application 2010/0140970 A1 to Vrynois in view of Non Patent Literature Beaver Lifting in further view of US 20140132017 A1 to Hayes (Hayes hereafter).
As per claim 6 Zwei (as modified) teaches The device of Claim 1
Zwei does not teach, wherein each of the longitudinal straps, lateral straps, and handles are made from a woven polyester material.
NPL Beaver Lifting Net teaches , wherein each of the longitudinal straps, lateral straps, and handles are made from a [woven] polyester material (para [0032] strap made pf polyester webbing material).
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Zwei (directed to a carrying net provided with lateral and longitudinal straps and a handle) and Vrynois (directed a carrying device with at least four longitudinal straps) and NPL Beaver Lifting Net (directed to a carrying net, wherein each of the longitudinal straps, lateral straps, and handles are made from a cross woven polyester) and arrived at a carrying net provided with lateral and longitudinal straps and a handle wherein handles are made from a cross woven polyester. One of ordinary skill in the art would have been motivated to make such a combination to provide a strong webbing material as taught in NPL Beaver Lifting Net (NPL Product Feature: Bullet 1).
Zwei (as modified) does not explicitly teach a [woven] polyester material
Hayes teaches a woven polyester material (para [0032]: a woven polyester material).
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined Zwei (directed to a carrying net provided with lateral and longitudinal straps and a handle) and Vrynois (directed a carrying device with at least four longitudinal straps) and NPL Beaver Lifting Net (directed to a carrying net, wherein each of the longitudinal straps, lateral straps, and handles made from polyester) and Hayes (directed to strap with carrying handle and mechanism for securing the cargo strap around a load provided with a woven polyester material) and arrived at a carrying net provided with lateral and longitudinal straps and a handle wherein handles are made from a woven polyester. One of ordinary skill in the art would have been motivated to make such a combination to provide cargo carrying elements made of a well-known material as taught in Hayes (para [0032]).
Response to Arguments
Applicant’s arguments, see pg.1—4, filed 09/21/2025, with respect to the rejection(s) of claim(s)1 under 35 U.S.C. 103 as being unpatentable over DE 202021000071 U1 to Zwei in view of U.S Patent Application 2008/0184488 A1 to Fee have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of 35 U.S.C. 103 as being unpatentable over DE 202021000071 U1 to Zwei in view of U.S Patent Application 2010/0140970 A1 A1 to Vrynois.
Applicant’s Arguments:
• Regarding the Non-Final Rejection filed on 09/21/2025, the Applicant argues,
1) Regarding Claim 1 As explained above, the Office relied on Fee to show a lifting device having four longitudinal straps as claimed in Claim 1. Applicant and the Examiner agree that Fee does not show 4 longitudinal straps, wherein the longitudinal straps are substantially parallel to one another. Applicant has amended Claim 1 to add this limitation. Applicant respectfully asserts that Claim 1 as amended is not anticipated or rendered obvious by the cited prior art. In Zwei, there are only three the longer longitudinal straps LS1 and the middle longitudinal strap is positioned along a longitudinal axis or is laterally centered on the carrying device, directly in contrast with the recitations of Claim 1 as amended.
2) Regarding Claim 2-7 and 9-11 depend from Claim 1 and are therefore allowable at least for the same reasons to Claim 1 is allowable.
Examiner's Response to Arguments:
• The examiner respectfully disagrees to the Applicant’s Arguments for the following reasons:
1) Regarding claim 1 the examiner relies on the teaching of Zwei as modified by Vrynois to form the basis of the rejection. Tas presented above.
2) Regard claim 2-7 and 9-11, the examiner highlights that element Zwei as modified as presented above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 3214072 A to Brown teaches a sling for carrying a mattress in an upright position comprising a flexible strap of webbing material forming first and second closed loops, said loops forming a pair of joined strands, means for joining said loops together at one point on the periphery of each said loop, to form a generally figure-8 configuration.
US 20100181793 A1 to Lopreiato teaches Load carrying apparatus, comprising, in combination first and second elongated load carrying straps, there being at least three openings at the end portion or portions of at least one strap.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Deborah T Gedeon whose telephone number is (571)272-8863. The examiner can normally be reached Mon - Fri 8:30am to 4:30pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Justin Mikowski can be reached on 571-272-8525. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/D.T.G./Examiner, Art Unit 3673 01/09/2025
/JUSTIN C MIKOWSKI/Supervisory Patent Examiner, Art Unit 3673