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 regarding the claim objections, see Remarks pg. 5, filed 11/07/2025, have been fully considered and are persuasive in view of the amendment. The claim objections are withdrawn.
Applicant’s arguments, see Remarks pg. 5-7, with respect to the rejection(s) of claim(s) 1 under 35 USC 103 have been fully considered and are persuasive in view of the amendment. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Smith (US 2018/0266455). See rejection below.
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 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.
Claim(s) 1-4 are rejected under 35 U.S.C. 103 as being unpatentable over Adlard et al. (US 6681404) (hereinafter Adlard) in view of Mitchell et al. (US 2011/0212668) (hereinafter Mitchell), further in view of Smith (US 2018/0266455).
Regarding claim 1, Adlard discloses a body carrier system for a mobile device (Abstract; Fig. 6-8) comprising
- a vest-like carrying element (garment 100), comprising a back part (back strap 600), two shoulder straps connected to the back part (shoulder straps 110) and a hip belt connected to the back part (back strap 600 loops around hips as can be seen in Fig. 6-8, thus also providing a hip belt connected to the back part), and
- a two-part holding element for the mobile measuring device comprised of two sub-elements, the two sub-elements being adapted to be reversibly connected to each other (pouch 300 and flap closure 310 provide two-part holding element for mobile measuring device 500, see also Fig. 5).
Adlard does not disclose wherein each shoulder strap is equipped with welts in the front and/or wherein spaced welts are provided on the back part of the vest-like carrying element, and wherein on each of the two sub-elements of the two-part holding element welt guides are provided, so that the welt guides can be engaged with the welts; the two sub-elements being adapted to be reversibly fixed to the vest-like carrying element.
Mitchell, however, teaches a seamless knitted brassiere including at least one shoulder strap knit therein. As shown in FIG. 3, shoulder strap 40 includes first and second welts 60 and 62, along the length of the strap. The second welt 62 is formed along the length of the strap adjacent the first welt 60. The first and second welts 60 and 62 may, for example, be a double welt or a welted edge. The strap 40 also includes first run guard 64 along the edge of the welts 60 and 62 that bounds the arm opening 80 (or 82). Two welts 60 and 62 in the shoulder strap 40 improve brassiere stability, prevent the straps from unraveling during use, and also provide cushion for the wearer (para. 15).
It would have been obvious to one of ordinary skill in the art before the effective filing date of this invention to modify Adlard such that each shoulder strap is equipped with welts in the front. Making this modification would be useful for improving garment stability, preventing shoulder straps from unraveling during use, and also providing cushion for the wearer, as taught by Mitchell.
Furthermore, Smith teaches a device retention and stabilization apparatus (Abstract) which includes a two-part holding element for a device (Fig. 1, arms 104a,104b) and is capable of being reversibly fixed to a vest through mounting hardware (para. 72: “The retention and stabilization apparatus of the invention may be integrated with wall mounting hardware, pole mounting hardware, and hardware that may be worn by a user such as a vest”). Smith further teaches one goal of the present invention is to provide a user with the ability to remove and replace a screen based or display-based communications, media recording, and or computing device without affecting the ability of the stabilization apparatus to retain and stabilize the device. Another goal of the present invention is to provide a more definitive mechanical adjustment mechanism to the apparatus so that a user may customize the force of retention and stabilization of the apparatus for different environments having different degrees of destabilization forces present (para. 26).
It would have been obvious to one of ordinary skill in the art before the effective filing date of this invention to modify Adlard to include the two sub-elements being adapted to be reversibly fixed to the vest-like carrying element. Making this modification would be useful for providing a user with the ability to remove and replace a screen based or display-based communications, media recording, and or computing device without affecting the ability of the stabilization apparatus to retain and stabilize the device and providing a more definitive mechanical adjustment mechanism to the apparatus so that a user may customize the force of retention and stabilization of the apparatus for different environments having different degrees of destabilization forces present, as taught by Smith.
Regarding claim 2, Examiner submits that these limitations are bound to the optional limitation of claim 1, “and/or wherein spaced welts are provided on the back part of the vest-like carrying element, and wherein on each of the two sub-elements of the two-part holding element welt guides are provided, so that the welt guides can be engaged with the welts”. Since the prior art rejection is based on the other option of “wherein each shoulder strap is equipped with welts in the front” (as set forth by the and/or language of claim 1), Examiner submits that claim 2 is met by the rejection of claim 1 above as these limitations are not required by the claim language.
Regarding claim 3, Adlard discloses the two-subelements of the two-part support element are connectable by means of a hook connection and form a fixed casing for the mobile device (Fig. 5 shows casing around mobile device 500 formed by pouch 300 and flap 310; Fig. 3, hook and loop fasteners 320).
Regarding claim 4, modified Adlard teaches the welt and the two-part support element are arranged in such a way that the mobile device is positioned axis-centered (toward the body) and/or adjacent to the body (Adlard Figs. 1-6 show mobile device 500 would be positioned axis centered and/or adjacent to the body).
Claim(s) 5 is rejected under 35 U.S.C. 103 as being unpatentable over modified Adlard in view of Ben Lulu (US 2016/0022017).
Regarding claim 5, modified Adlard does not teach the vest-like carrying element includes a closable chest strap provided at the height of the welt.
Ben Lulu, however, teaches an improved personal carrier (Abstract) including a closable chest strap connecting two shoulder straps (Fig. 9, strap 470). Para. 104 discloses: “According to another aspect, a chest-strap is provided. Such chest-strap may be used to stabilize a pack donned over a vest, by connecting the straps of the pack to the vest and place the shoulder straps of a pack at a healthier location on a user's shoulder, as the shoulder straps otherwise might impinge upon major veins in the shoulder and armpit area”.
It would have been obvious to one of ordinary skill in the art before the effective filing date of this invention to modify modified Adlard such that the vest-like carrying element includes a closable chest strap provided at the height of the welt. Making this modification would be useful for stabilizing a pack donned over a vest, as taught by Ben Lulu.
Claim(s) 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over modified Adlard in view of Ngo (US 2020/0023929).
Regarding claims 6-7, modified Adlard does not teach an open end of the hip belt is provided with an adjustable belt buckle to be closed with a magnetic closure system; wherein each of the two shoulder straps is fastened by an adjustable and/or elastic webbing at the ends of the hip belt.
Ngo, however, teaches vest-like flotation system (Abstract; Fig. 2A-B) wherein fastening mechanisms of the various linking system may be provided by side-release buckles that include male members that slide into female members. As is known in the art, upon insertion, prongs of the male members expand into empty spaces defined by edges of the female member, which then prevent the male member from being able to be moved unless the prongs are compressed and the male member is pulled from the female member (para. 46). Other types of snap-fit buckles that may or may not include male and female members, may be incorporated in the flotation system 100 of the present disclosure. Such alternative fastening mechanisms may include magnetic buckles. Any of the above-mentioned types of fastening mechanisms can be coupled with, attached to, extended from, or formed with some type of webbing configured to receive a strap/free end of a loop. In particular, webbing employed in the fastening mechanisms according to the present disclosure may be configured to allow a strap to move through the webbing, and then held in place once the strap is released by a user moving the strap through the webbing (para. 47).
It would have been obvious to one of ordinary skill in the art before the effective filing date of this invention to modify modified Adlard such that an open end of the hip belt is provided with an adjustable belt buckle to be closed with a magnetic closure system; wherein each of the two shoulder straps is fastened by an adjustable and/or elastic webbing at the ends of the hip belt. Making this modification would be useful for providing fastening mechanisms which are known in the art, as taught by Ngo.
Claim(s) 8 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over modified Adlard in view of Pohner (DE 202007001821).
Regarding claim 8, modified Adlard does not teach wherein on the shoulder straps fastening lugs are provided for holding cables and hoses of the mobile device.
Pohner, however, teaches a spirometry vest for carrying medical diagnostic devices (Abstract; Fig. 1) wherein straps 7 are provided near the shoulder straps 2 for carrying cables/hoses of a medical device 9.
It would have been obvious to one of ordinary skill in the art before the effective filing date of this invention to modify modified Adlard such that on the shoulder straps fastening lugs are provided for holding cables and hoses of the mobile device. Making this modification would be useful so that the patient would not have to worry about holding any cables/hoses of the medical device.
Regarding claim 10, modified Adlard teaches a body carrier system according to claim 1 and a mobile device, see rejection of claim 1 above. Modified Adlard does not teach a mobile system for detection of respiratory gas components, wherein the mobile system is designed for mobile performance diagnostic in spiroergometry.
Pohner, however, teaches a spirometry vest for carrying medical diagnostic devices (Abstract; Fig. 1). Spirometry vest comprises a holding belt (4) fixed on both longitudinal sides of a strip, a device pocket (6) for a medical device (9) arranged on the breast section (2) or on the back section (3) and a battery pocket (5) arranged on the breast or back section and fitting the shape of the energy storage unit of the medical device (Abstract).
It would have been obvious to one of ordinary skill in the art before the effective filing date of this invention to modify modified Adlard such to provide a mobile system for detection of respiratory gas components, wherein the mobile system is designed for mobile performance diagnostic in spiroergometry. Making this modification would be useful for providing a spirometry vest for carrying medical diagnostic devices, as taught by Pohner.
Claim(s) 9 is rejected under 35 U.S.C. 103 as being unpatentable over modified Adlard in view of Feng (US 2004/0031080), further in view of Hu (CN 201226811), further in view of Ward (US 2016/0050984).
Regarding claim 9, modified Adlard does not teach wherein the back part has an arrangement of cushions and net elements and at least one pocket to hold various objects.
Feng, however, teaches a vest (Abstract) with a soft and cushioning back pad disposed additionally on a back portion on an inner side of the vest thereby making the user feel comfortable in wearing the vest and protecting the user’s waist spine portion (para. 2). Furthermore, Hu teaches a vest (Abstract) wherein the vest’s back is a net structure, providing good ventilation when worn on the body (paragraph above “mode-for-invention”). Finally, Ward teaches a sensing garment vest (Abstract; Fig. 1-3) wherein a pocket is provided on the back of the vest to hold a sensing device (Fig. 3). One of ordinary skill in the art would appreciate that this pocket is capable of holding various objects.
It would have been obvious to one of ordinary skill in the art before the effective filing date of this invention to modify modified Adlard such that the back part has an arrangement of cushions and net elements and at least one pocket to hold various objects. Making this modification would be useful for making the user feel comfortable and protecting the user’s spine, providing good ventilation when the vest is worn on the body, and for providing additional pocket on the back of the vest for holding a sensing device, as taught by Feng, Hu, and Ward.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Arnold et al. (US 2019/0125397) discloses an apparatus for attaching a medical device to a user’s body (Abstract; Fig. 2A).
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 Anant A Gupta whose telephone number is (571)272-8088. The examiner can normally be reached Mon-Fri 9 am - 5 pm ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Niketa Patel can be reached at (571) 272-4156. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/A.A.G./Examiner, Art Unit 3792
/William J Levicky/Primary Examiner, Art Unit 3796