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 with respect to claim(s) still pending have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Due to claim 25 not being a properly addressed a non-final rejection is issued to provide the applicant adequate opportunity to address the rejection below.
Allowable Subject Matter
Claims 8-11 and 28-30 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Election/Restrictions
Claims 14-24 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Species B and C, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 07/10/2025.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-3, 7, 12, and 25-27 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fenwick, Jr. (US Patent No. 1,959,782).
Re: Claim 1, Fenwick discloses the claimed invention including a personal hydration system (10), comprising a reservoir assembly (11), the reservoir assembly (11) comprising:
a flexible bladder (2) that defines an internal compartment (14) for holding a volume of drink liquid (Depicted in Figs. 4-5);
a fill port assembly (21-24, 11) coupled to the flexible bladder (12) and defining an opening (21) to the internal compartment (Fig. 4), wherein the fill port assembly (18) is configured to selectively seal the opening (20);
an exit port (16) coupled to the flexible bladder (12), wherein the exit port defines a passage (Depicted in Fig. 2)) for delivering drink liquid (16) from the internal compartment (Fig. 1); and
an elongate flexible handle (8) operatively coupled relative to the flexible bladder and the fill port assembly (Figs. 4-5), wherein the elongate flexible handle and at least the flexible bladder collectively define a hand passage (Depicted in Fig. 5) extending between the elongate flexible handle and the flexible bladder, wherein the elongate flexible handle is sized for at least a portion of a human hand to extend through the hand passage (Fig. 4, passage sized for at least a portion of the hand); wherein the elongate flexible handle (40) is sufficiently flexible that it is configured to conform to the shape of a dorsal side of the human hand when the human hand extends through the hand passage (Figs. 4-5 depict the flexible nature of the handle) and to at least substantially lie against the flexible bladder (12) when the flexible bladder (12) is oriented in a horizontal orientation (Depicted in Fig. 5, lying flat; and further wherein the elongate flexible bladder (40) is not constructed of a rigid, semi-rigid, or other material that defines a specific shape or fixed orientation to the elongate flexible bladder relative to the flexible bladder and the fill port assembly (p. 1, lines 95-97, highly flexible material, Figs. 3-5 depict the bladder having multiple shapes made of a flexible material).
Re: Claim 2, Fenwick discloses the claimed invention including the flexible bladder comprises a base (3, 4) opposite the opening, and wherein the flexible bladder defines a longitudinal axis that extends between and through the opening and the base; and wherein the hand passage is transverse to the longitudinal axis (Depicted in Figs. 2-3).
Re: Claim 3, Fenwick discloses the claimed invention including the elongate flexible handle has a ribbon shape (Depicted in Fig. 3, ribbon like).
Re: Claim 7, Fenwick discloses the claimed invention including fill port assembly defines a slot (9), wherein the elongate flexible handle (8) includes an upper end region (Fig. 3) that forms a loop through the slot to secure the elongate flexible handle to the fill port assembly (Fig. 4 depicts loop).
Re: Claim 12, Fenwick discloses the claimed invention including the reservoir assembly further comprises a handle anchor (25, 27) secured to the flexible bladder (Fig. 4); wherein the elongate flexible handle is secured to the handle anchor (Depicted in Fig. 3 and 8); and wherein the handle anchor defines an anchor pocket (9), and wherein the elongate flexible handle extends into the anchor pocket (9) (Depicted in Fig. 8).
Re: Claim 25, Fenwick discloses the claimed invention including a personal hydration system (10), comprising a reservoir assembly (11), the reservoir assembly (11) comprising:
a flexible bladder (2) that defines an internal compartment (14) for holding a volume of drink liquid (Depicted in Figs. 4-5);
a fill port assembly (21-24, 11) coupled to the flexible bladder (12) and defining an opening (21) to the internal compartment (Fig. 4), wherein the fill port assembly (18) is configured to selectively seal the opening (20);
an exit port (16) coupled to the flexible bladder (12), wherein the exit port defines a passage (Depicted in Fig. 2)) for delivering drink liquid (16) from the internal compartment (Fig. 1); and
an elongate flexible handle (8) operatively coupled relative to the flexible bladder and the fill port assembly (Figs. 4-5), wherein the elongate flexible handle and at least the flexible bladder collectively define a hand passage (Depicted in Fig. 5) extending between the elongate flexible handle and the flexible bladder, wherein the elongate flexible handle is sized for at least a portion of a human hand to extend through the hand passage (Fig. 4, passage sized for at least a portion of the hand); wherein the elongate flexible handle (40) is sufficiently flexible that it is configured to conform to the shape of a dorsal side of the human hand when the human hand extends through the hand passage (Figs. 4-5 depict the flexible nature of the handle);
wherein the fill port assembly comprises one or more flexible and resilient fill port panels (11, 24) coupled to the flexible bladder (12) adjacent to the opening (Figs. 4 and 8), wherein the opening has a closed configuration, in which drink liquid (16) is restricted from passing through the opening (20), and a range of open configurations (Depicted in Figs. 5 and 7 depicted different open configurations, p. 2, lines 135-140, user may deflect opening from partially open to fully open as seen in Fig. 5) , in which drink liquid (16) is permitted to pass through the opening (Fig. 5), and wherein the one or more flexible and resilient fill port panels bias the opening toward the closed configuration (p. 2, lines 110-115, panels bias toward a closed configuration); and
wherein the elongate flexible handle is sized for at least a substantial portion of a human hand to extend through the hand passage and grasp opposed lateral side regions of the fill port assembly (Fig. 4, passage sized for at least a portion of the hand, and bag flexible enough to grab sides).
Re: Claim 26, Fenwick discloses the claimed invention including wherein the fill port assembly comprises one or more flexible and resilient fill port panels (11, 24) coupled to the flexible bladder (12) adjacent to the opening (Figs. 4 and 8), wherein the opening has a closed configuration, in which drink liquid (16) is restricted from passing through the opening (20), and a range of open configurations (Depicted in Figs. 5 and 7 depicted different open configurations, p. 2, lines 135-140, user may deflect opening from partially open to fully open as seen in Fig. 5) , in which drink liquid (16) is permitted to pass through the opening (Fig. 5), and wherein the one or more flexible and resilient fill port panels bias the opening toward the closed configuration (p. 2, lines 110-115, panels bias toward a closed configuration); and wherein the elongate flexible handle is sized for at least a substantial portion of a human hand to extend through the hand passage and grasp opposed lateral side regions of the fill port assembly (Fig. 4, passage sized for at least a portion of the hand, and bag flexible enough to grab sides).
Re: Claim 27, Fenwick discloses the claimed invention including a personal hydration system (10), comprising a reservoir assembly (11), the reservoir assembly (11) comprising:
a flexible bladder (2) that defines an internal compartment (14) for holding a volume of drink liquid (Depicted in Figs. 4-5);
a fill port assembly (21-24, 11) coupled to the flexible bladder (12) and defining an opening (21) to the internal compartment (Fig. 4), wherein the fill port assembly (18) is configured to selectively seal the opening (20); fill port assembly defines a slot (9), wherein the elongate flexible handle (8) includes an upper end region (Fig. 3) that forms a loop through the slot to secure the elongate flexible handle to the fill port assembly (Fig. 4 depicts loop); wherein the fill port assembly comprises one or more flexible and resilient fill port panels (11, 24) coupled to the flexible bladder (12) adjacent to the opening (Figs. 4 and 8), wherein the opening has a closed configuration, in which drink liquid (16) is restricted from passing through the opening (20), and a range of open configurations (Depicted in Figs. 5 and 7 depicted different open configurations, p. 2, lines 135-140, user may deflect opening from partially open to fully open as seen in Fig. 5) , in which drink liquid (16) is permitted to pass through the opening (Fig. 5), and wherein the one or more flexible and resilient fill port panels bias the opening toward the closed configuration (p. 2, lines 110-115, panels bias toward a closed configuration); wherein the one or more flexible and resilient fill port panels (11) defines the slot (Depicted in Fig. 3);
an exit port (16) coupled to the flexible bladder (12), wherein the exit port defines a passage (Depicted in Fig. 2)) for delivering drink liquid (16) from the internal compartment (Fig. 1);
an elongate flexible handle (8) operatively coupled relative to the flexible bladder and the fill port assembly (Figs. 4-5), wherein the elongate flexible handle and at least the flexible bladder collectively define a hand passage (Depicted in Fig. 5) extending between the elongate flexible handle and the flexible bladder, wherein the elongate flexible handle is sized for at least a portion of a human hand to extend through the hand passage (Fig. 4, passage sized for at least a portion of the hand);
Claim Rejections - 35 USC § 103
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) 4-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fenwick, Jr. (US Patent No. 1,959,782).
Re: Claim 4, Fenwick discloses the claimed invention including using a plastic-coated fabric for parts of the device (p. 100-104, coated polymer over fiber) except for expressly stating the handle is made of said material. However, it would have been obvious to one having ordinary skill in art at the time of the effective filing date to include the plastic-coated fiber material used in other parts of the device in the construction of the handle, since Fenwick states that such a modification provides a highly flexible waterproof material, and it has been held been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Re: Claim 5, Fenwick as modified in the rejection claim 4 above discloses the claimed invention including the elongate flexible handle is constructed of a weldable material (p. 103-105, rubber may be fuse welded).
Claim(s) 6 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fenwick, Jr. (US Patent No. 1,959,782) as applied to claim 1 and 12 respectively above, and further in view of Garvey et al. (US Patent No. 11,432,640).
Re: Claim 6 and 13, Fenwick discloses the claimed invention except for welding the handle to the fill port assembly/handle anchor. However, Garvey discloses the claimed invention including the elongate flexible handle is welded to the fill port assembly (Col. 6, lines 18-20, welded to the device).
It would have been obvious to one having ordinary skill in art at the time of the effective filing date to weld the handle to the device as taught by Garvey, since such modification is known in the art to reduced parts needed, thus cost effective and versatile assembly, further ensures that the handle does not get misplaced from the rest of the device.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. References cited on the PTO-892 show additional examples of hydration devices with straps.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARLES P. CHEYNEY whose telephone number is (571)272-9971. The examiner can normally be reached Monday - Friday, 8:00 am - 4:30 pm.
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/CHARLES P. CHEYNEY/Primary Examiner, Art Unit 3754