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 .
DETAILED ACTION
The instant application having Application Number: 18/226,137 filed on 7/25/23 has a total of 21 claims pending for examination; there are 4 independent claims and 17 dependent claims, all of which are examined below.
Drawings
The drawing(s) have been reviewed by the examiner and are found comply with the provisions of 37 CFR 1.81 to 1.85.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 7-11 and 14-15 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
With regards to claim 7, line 1 recites “wherein the at least one pocket comprises a panel” which renders the claim indefinite since it’s not clear if it is reciting a separate and distinct instance of “a panel” different from “a panel” already recited in claim 2 line 1, or if it is supposed to be referring back to the same instance.
With regards to claims 8-11 and 14-15, due to their direct or indirect dependence from claim 7, they suffer from the same deficiencies and are rejected under the same rationale.
Due to the vagueness and a lack of clear definiteness in the claims, the claims have been treated on their merits as best understood by the examiner.
Claim Rejections - 35 USC § 102
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 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) 1-7, 12-13, 17-19 and 21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent No. 7,909,137 to Green (hereinafter Green).
With regards to claim 1, Green teaches a hunting saddle assembly [figs 1-2, 10 element 10], comprising:
a saddle [figs 1-2, 10 element 10] made of a sling of flexible saddle fabric [column 7 lines 30-44] having a main body portion forming a seat [figs 1-2, 10 element 14] for supporting the backside of a hunter [column 7 lines 44-47] and having side portions extending in opposite lateral directions from the main body portion for wrapping about the hips of the hunter [figs 1-2, 10 element 14 is shown to wrap around a person around the hips/buttocks. Element 14 having a left and a right side as shown];
at least one coupling [figs 1-2, 10, 14 - any one of elements 24, 132, 142, 144] connectible to a tether line [figs 1-3, 7, 10 element 16] for suspending the saddle [figs 1-2, 10 element 10] and hunter [fig 1 outline of a person inside element 10] in a tree [fig 1 element 12]; and
including at least one pocket [figs 1-2 elements 51, 54] formed as an integral part of the saddle [figs 1-2, 10 element 10] having an opening [figs 1-2 top of elements 51] positioned along at least one of the side portions [figs 1-2 elements 51 – column 10 lines 10-27] and accessible to the hunter while suspended in the tree [figs 1-2 elements 51 – column 10 lines 10-27].
With regards to claim 2, Green teaches the assembly of claim 1, wherein the at least one pocket [figs 1-2 elements 51] comprises a panel of flexible pocket fabric [figs 1-2 elements 51 – column 10 lines 10-27] secured to the saddle fabric [figs 1-2 elements 51 are shown sewed/stitched to element 14 – column 10 lines 10-27 – materials listed (leather, Cordura, nylon, mesh, neoprene, etc) making element 51 flexible].
With regards to claim 3, Green teaches the assembly of claim 2, wherein the panel of flexible pocket fabric [figs 1-2 elements 51] is external [figs 1-2 elements 51 are shown sewed/stitched externally to element 14] to the saddle fabric [figs 1-2 element 14].
With regards to claim 4, Green teaches the assembly of claim 3, wherein the pocket fabric [figs 1-2 elements 51 – column 10 lines 10-27 – elements 51 may be of any fabric listed] is a different material than the saddle fabric [figs 1-2 elements 14 – column 7 lines 30-44 – seat material may be of any fabric listed].
With regards to claim 5, Green teaches the assembly of claim 4, wherein the pocket fabric [figs 1-2 elements 51 – column 10 lines 10-27] is elastically stretchable and the volume of the pocket is elastically expandable [figs 1-2 elements 51 – column 10 lines 10-27 – e.g. when material used is neoprene or mesh].
With regards to claim 6, Green teaches the assembly of claim 5, wherein the opening is elastically expandable [figs 1-2 elements 51 – column 10 lines 10-27 – e.g. when material used is neoprene or mesh].
With regards to claim 7, Green teaches the assembly of claim 6, wherein the at least one pocket [figs 1-2 elements 51] comprises a panel of the pocket fabric [figs 1-2 elements 51 – column 10 lines 10-27 – e.g. when material used is neoprene or mesh] sewn to the saddle fabric along at least a bottom edge thereof [figs 1-2 elements 51 are shown sewed/stitched to element 14 along at least a bottom edge thereof as shown – column 10 lines 10-27].
With regards to claim 12, Green teaches the assembly of claim 6, wherein there are at least two of the pockets [fig 1 element 51 shows the right most pocket and fig 2 element labeled 51 shows the left most pocket] having their openings disposed along the respective side portions of the saddle [figs 1-2 elements 51 are shown along the respective side portions of saddle element 10].
With regards to claim 13, Green teaches the assembly of claim 12, wherein the openings of the at least two pockets are oppositely inclined [figs 1-2 openings of elements 51 are shown oppositely inclined on left and right sides of element 10].
With regards to claim 17, Green teaches a hunting saddle assembly [figs 1-2, 10 element 10], comprising:
a saddle [figs 1-2, 10 element 10] made of a sling of flexible saddle fabric [column 7 lines 30-44] having a main body portion forming a seat [figs 1-2, 10 element 14] for supporting the backside of a hunter [column 7 lines 44-47] and having side portions extending in opposite lateral directions from the main body portion for wrapping about the hips of the hunter [figs 1-2, 10 element 14 is shown to wrap around a person around the hips/buttocks. Element 14 having a left and a right side as shown];
at least one coupling [figs 1-2, 10, 14 - any one of elements 24, 132, 142, 144] connectible to a tether line [figs 1-3, 7, 10 element 16] for suspending the saddle [figs 1-2, 10 element 10] and hunter [fig 1 outline of a person inside element 10] in a tree [fig 1 element 12]; and
including at least two pocket panels [fig 1 element 51 shows the right most pocket and fig 2 element labeled 51 shows the left most pocket] fabricated of elastically stretchable fabric panels [figs 1-2 elements 51 – column 10 lines 10-27 – e.g. when material used is neoprene or mesh] sewn externally [figs 1-2 elements 51 are shown sewed/stitched externally to element 14 – column 10 lines 10-27] to the saddle fabric [figs 1-2 element 14] and having openings [figs 1-2 top of elements 51] disposed along the side portions of the saddle which are angled for access by the hunter when suspended in the tree [figs 1-2 elements 51 are shown along the respective side portions of saddle element 10 and angled for access by the hunter when suspended in a tree - column 10 lines 10-27].
With regards to claim 18, Green teaches a method of supporting a hunter [fig 1 – see outline of a hunter - column 7 lines 44-47] suspended in a tree [fig 1 element 12] with access to a storage pouch, comprising:
providing a saddle [figs 1-2, 10 element 10] made of flexible saddle fabric [column 7 lines 30-44] having a main body portion [figs 1-2, 10 element 14] and side portions [figs 1-2, 10 left and right sides of element 14] extending in opposite lateral directions from the main body portion [figs 1-2, 10 element 14];
arranging the saddle [figs 1-2, 10 element 10] to position the main body portion [figs 1-2, 10 element 14] about the hunter's back side [[column 7 lines 44-47] and to wrap the side portions along the hips of the hunter [figs 1-2, 10 element 14 is shown to wrap around a person around the hips/buttocks. Element 14 having a left and a right side as shown];
attaching the saddle [figs 1-2, 10 element 10] to a tether line [figs 1-3, 7, 10 element 16] secured to the tree [fig 1 element 12] to suspend the saddle [figs 1-2, 10 element 10] and hunter and to enable the hunter to move between a seated position [column 17 lines 7-11] and a standing position [column 17 lines 7-11 – hunter in standing position prior to the sitting position]; and
providing at least one integral pocket panel [figs 1-2 elements 51, 54] fixed on the saddle [figs 1-2, 10 element 10] to define a storage pocket [figs 1-2 elements 51, 54] for holding selected items [column 10 lines 10-27] and which moves with the saddle and hunter between the seated [column 17 lines 7-11] and standing positions [column 17 lines 7-11 – hunter in standing position prior to the sitting position] and including an opening [figs 1-2 top of elements 51] of the storage pocket [figs 1-2 elements 51] positioned along at least one of the side portions [figs 1-2 elements 51 as shown] for access by the hunter [column 10 lines 10-27] when in the seated [column 17 lines 7-11] and standing positions [column 17 lines 7-11 – hunter in standing position prior to the sitting position].
With regards to claim 19, Green teaches the method of claim 18, wherein there are at least two of the pocket panels [fig 1 element 51 shows the right most pocket and fig 2 element labeled 51 shows the left most pocket] provided on opposite sides of the saddle [figs 1-2, 10 left and right sides of element 10] each formed of elastically stretchable fabric to provide expandable volumes of the storage pockets and the respective openings of the storage pockets [figs 1-2 elements 51 – column 10 lines 10-27 – e.g. when material used is neoprene or mesh].
With regards to claim 21, Green teaches a hunting saddle assembly [figs 1-2, 10 element 10], comprising:
a saddle [figs 1-2, 10 element 10] made of a sling of flexible saddle fabric [column 7 lines 30-44] having a main body portion forming a seat [figs 1-2, 10 element 14] for supporting the backside of a hunter [column 7 lines 44-47], the saddle [figs 1-2, 10 element 10] including beltline webbing [figs 1-2 element 24] and lower webbing [figs 1-2 elements 56, 22];
a bridge loop [figs 1-2 element 26] projecting forward of the saddle [figs 1-2, 10 element 10] and supporting the beltline [figs 1-2 element 24] and lower webbings [figs 1-2 elements 56, 22] for attachment to a tether line [figs 1-3, 7, 10 element 16] secured to a tree [fig 1 element 12] for suspended support of the hunter [fig 1 outline of a person inside element 10]; and
wherein the saddle [figs 1-2, 10 element 10] includes a backrest portion [figs 1-2 element 72] extending above the beltline [figs 1-2 element 24] and including adjustable length straps [figs 1-2 elements 90, 92] projecting from opposite end regions of the backrest portion [figs 1-2 elements 90, 92 are coupled to elements 82, 84 of element 72] and secured to the bridge [figs 1-2 element 26] for adjusting fore and aft positioning of the backrest portion [column 12 lines 5-11 – if loose or tight, straps allow for adjusting fore and aft positions].
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) 16 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent No. 7,909,137 to Green (hereinafter Green).
With regards to claims 16 and 20, Green teaches the assembly of claim 1, wherein the opening of the at least one pocket [figs 1-2 elements 51 – openings as shown] is disposed at an angle from horizontal when the hunter is suspended in the tree and moves between a sitting position [column 17 lines 7-11] and a standing position [column 17 lines 7-11 – hunter in standing position prior to the sitting position].
Green teaches all of the above but is silent as to the angle ranging from 0-30 degrees.
However, it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the angle ranging from 0-30 degrees for the benefit of preventing the pocket contents from emptying while the hunter is suspended since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Allowable Subject Matter
Claims 8-11 and 14-15 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.
The following is a statement of reasons for the indication of allowable subject matter:
With regards to claim 8, the prior art of record alone or in combination fails to teach or fairly suggest wherein the panel of pocket fabric includes a top edge that is relatively shorter than the bottom edge and is sewn to the saddle fabric; the panel of pocket fabric further including a back edge that extends transversely of the bottom edge and top edge and is sewn to the saddle fabric; the panel further including a forward edge that is relatively shorter than the back edge and is sewn to the saddle fabric; and the panel of pocket fabric further including a forwardly disposed rim portion that extends between the top and forward edges of the panel and that is not sewn to the saddle fabric and which defines the opening of the pocket, in combination with the other limitations found in the claim
With regards to claims 9-11 and 14-15, due to their direct or indirect dependence from claim 8, they include allowable subject matter for at least the same reasons.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US Patent Application Publication No. 20190269948 to Green Mullins teaches in figure 5, a seat/harness having two pocket elements 105.
US Patent Application Publication No. 20150231422 to Perner teaches a utility belt that wraps about a user’s hips having connectors to couple to a tether line that is attached to a vertical anchoring element.
US Patent No. 4,687,074 to Green teaches a tree harness having a pouch/pocket element.
US Patent No. 6,125,966 to Jones teaches a seat/harness habing a pocket/pouch element.
US Patent No. 11,850,452 to Power, II et al. teaches a harness/saddle having upper and lower straps and left and right sides used to engage a tether line.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID E MARTINEZ whose telephone number is (571)272-4152. The examiner can normally be reached Monday-Friday 8:30am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Daniel P Cahn can be reached on (571)270-5616. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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DEM
/DAVID E MARTINEZ/Primary Examiner, Art Unit 3634
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