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 .
Claims 1-27 are pending.
Claims 1-27 have been examined.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1, 3, 4, 8-14, and 18-27 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
In claim 1, 14, and 21 the new limitation that “one or more bottom seat attachment straps used to attach or secure top seat attachment straps” is new matter. The specification does not describe “one or more bottom seat attachment straps used to attach or secure top seat attachment straps.” The specification and drawings only describe “bottom seat attachment straps (25).” This falls short of supporting the recited limitation and therefore constitutes as new matter.
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.
Claims 1, 3, 4, 8-14, and 18-27 are rejected under 35 U.S.C. 103 as being unpatentable over Thatcher (US 5427290) in view of Thatcher (US 5114059; hereafter referred to as “Thatcher II”)
As concerns claim 1,Thatcher discloses a system for providing water, liquids, or beverages to a person while sitting in a seat, compromising: a liquid container (see at least fig. 3: 52) support device (see at least fig. 1: 30) to be attached to the back of the same seat to support a liquid container (see at least fig. 3: 52), wherein the liquid container (see at least fig. 3: 52) support device (see at least fig. 1: 30) compromises: liquid support device (see at least fig. 1: 30) on the same seat by going over the top of the same seat and attach or secure to bottom seat attachment straps (see at least fig. 1: 22) in the front of the same seat; one or more bottom seat attachment straps (see at least fig. 1: 22) used to attach or secure the liquid container (see at least fig. 3: 52) support device (see at least fig. 1: 30) on the same seat by going around the bottom portion of the back of the same seat, then around to the front of the same seat, and then back around to the back of the same seat; top seat attachment straps (see at least fig. 1: 38) to the bottom seat attachment straps (see at least fig. 1: 22) in the front of the same seat: a hose holder device (see at least fig. 1, loop on strap 30 holding the plastic tube (16)) used to place a hose (see at least fig. 1: 16) in a position that is accessible by a person to drink from a liquid container (see at least fig. 3: 52) while sitting in the same seat; a hose (see at least fig. 1: 16) to drink from a liquid container (see at least fig. 3: 52); a liquid container (see at least fig. 3: 52) to hold water, liquids, or beverages; and wherein the hose holder device (see at least fig. 1, loop on strap 30 holding the plastic tube (16)) allows the person to access water, liquids, or beverages with his or her hand while in the same seat by pulling the hose (see at least fig. 1: 16) away from the hose holder device (see at least fig. 1, loop on strap 30 holding the plastic tube (16)) and the person drinks from the hose (see at least fig. 1: 16) that draws from the liquid container (see at least fig. 3: 52).
Thatcher does not teach one or more bottom seat attachment straps used to attach or secure top seat attachment straps.
However, Thatcher II teaches one or more bottom seat attachment straps (Thatcher, fig. 3: 42) used to attach or secure top seat attachments. It would have been obvious to a person having ordinary skill in the art, before the effective filing date to the invention, to modify Thatcher with the teachings of Thatcher II in order to provide the backpack with additional attachment straps for more secure attachment.
Thatcher as modified does not show the water pouch backpack system being attached to the back of a seat. However, it would have been obvious to a person having ordinary skill in the art, before the effective filing date to the invention, to use the water pouch backpack system of Thatcher as modified to attach to the back of a seat. Furthermore, it would have been obvious to hang the backpack on the back of a seat with the straps as this is an old and well known method of hanging a backpack on a chair.
As concerns claim 3, Thatcher discloses wherein the liquid container (see at least fig. 3: 52) support device (see at least fig. 1: 30) has a bag (see at least fig. 1: 12) to hold or contain the liquid container (see at least fig. 3: 52).
As concerns claim 4, Thatcher discloses wherein the liquid container (see at least fig. 3: 52) support device (see at least fig. 1: 30) is able to support the liquid container (see at least fig. 3: 52) by attaching the liquid container (see at least fig. 3: 52) to the outside of liquid container (see at least fig. 3: 52) support device (see at least fig. 1: 30).
As concerns claim 8, Thatcher discloses wherein the hose holder device (see at least fig. 1, loop on strap 30 holding the plastic tube (16)) is anchored and attached to the liquid container (see at least fig. 3: 52) support device (see at least fig. 1: 30).
As concerns claim 9, Thatcher discloses wherein the hose holder device (see at least fig. 1, loop on strap 30 holding the plastic tube (16)) is attached to the same seat.
Thatcher does not show the water pouch backpack system being attached to a seat. However, it would have been obvious to a person having ordinary skill in the art, before the effective filing date to the invention, to use the water pouch backpack system attached to a seat. Furthermore, it would have been obvious to hang the backpack on the back of a seat with the straps as this is an old and well known method of hanging a backpack on a chair.
As concerns claim 10, Thatcher discloses wherein the hose holder device (see at least fig. 1, loop on strap 30 holding the plastic tube (16)) is attached to the armrest of a seat, attached to a portion of a seat, or attached to the base of the same seat.
Thatcher does not show the water pouch backpack system being attached to a seat. However, it would have been obvious to a person having ordinary skill in the art, before the effective filing date to the invention, to use the water pouch backpack system attached to a seat. Furthermore, it would have been obvious to hang the backpack on the back of a seat with the straps as this is an old and well known method of hanging a backpack on a chair.
As concerns claim 11, Thatcher discloses wherein the hose holder device (see at least fig. 1, loop on strap 30 holding the plastic tube (16)) has a mount that can attach to an object on the hose (see at least fig. 1: 16) so that a person may stow the hose (see at least fig. 1: 16) when not drinking.
As concerns claim 12, Thatcher discloses wherein the liquid container (see at least fig. 3: 52) can be removed from the liquid container (see at least fig. 3: 52) support device (see at least fig. 1: 30) while i) the liquid container (see at least fig. 3: 52) support device (see at least fig. 1: 30), ii) the hose holder device (see at least fig. 1, loop on strap 30 holding the plastic tube (16)), and iii) the hose (see at least fig. 1: 16) remain attached to the same seat.
Thatcher does not show the water pouch backpack system being attached to a seat. However, it would have been obvious to a person having ordinary skill in the art, before the effective filing date to the invention, to use the water pouch backpack system attached to a seat. Furthermore, it would have been obvious to hang the backpack on the back of the seat with the straps as this is an old and well known method of hanging a backpack on a chair.
As concerns claim 13, Thatcher discloses wherein a hose end connector (see at least fig. 4B: 74) is designed to screw or connect the hose (see at least fig. 1: 16) to the liquid container (see at least fig. 3: 52) and is at the end of the hose (see at least fig. 1: 16) near the liquid container (see at least fig. 3: 52).
As concerns claim 14, Thatcher discloses a system and device to be attached to a seat to support a liquid container (see at least fig. 3: 52), compromising: a liquid container (see at least fig. 3: 52) support device (see at least fig. 1: 30) to be attached to the back of the same seat to support a liquid container (see at least fig. 3: 52) with either i) a bag (see at least fig. 1: 12) to hold or contain the liquid container (see at least fig. 3: 52) by placing the liquid container (see at least fig. 3: 52) in the bag (see at least fig. 1: 12), or ii) without a bag (see at least fig. 1: 12) that functions to support the liquid container (see at least fig. 3: 52) by attaching the liquid container (see at least fig. 3: 52) to the outside of the liquid container (see at least fig. 3: 52) support device (see at least fig. 1: 30), wherein the liquid container (see at least fig. 3: 52) support device (see at least fig. 1: 30) comprises: one or more top seat attachment straps (see at least fig. 1: 38) used to attach or secure the liquid container (see at least fig. 3: 52) support device (see at least fig. 1: 30) on the same seat by going over the top of the same seat and attach or secure to bottom seat attachment straps (see at least fig. 1: 22) in the front of the same seat; one or more bottom seat attachment straps (see at least fig. 1: 22)used to attach or secure the liquid container (see at least fig. 3: 52) support device (see at least fig. 1: 30) on the same seat going around the bottom portion of the back of the same seat, then around to the front of the same seat and then back around to the back of the same seat; top seat attachment straps (see at least fig. 1: 38) to the bottom seat attachment straps (see at least fig. 1: 22) in the front of the same seat; a hose holder device (see at least fig. 1, loop on strap 30 holding the plastic tube (16)) used to place a hose (see at least fig. 1: 16) in a position that a person can access water, liquids, or beverages in the same seat by pulling a hose (see at least fig. 1: 16) away from the hose holder device (see at least fig. 1, loop on strap 30 holding the plastic tube (16)) and the person drinks from the hose (see at least fig. 1: 16) that draws from the liquid container (see at least fig. 3: 52); and a hose (see at least fig. 1: 16) to drink from the liquid container (see at least fig. 3: 52).
Thatcher does not teach one or more bottom seat attachment straps used to attach or secure top seat attachment straps.
However, Thatcher II teaches one or more bottom seat attachment straps (Thatcher, fig. 3: 42) used to attach or secure top seat attachments. It would have been obvious to a person having ordinary skill in the art, before the effective filing date to the invention, to modify Thatcher with the teachings of Thatcher II in order to provide the backpack with additional attachment straps for more secure attachment.
Thatcher as modified does not show the water pouch backpack system being attached to the back of a seat. However, it would have been obvious to a person having ordinary skill in the art, before the effective filing date to the invention, to use the water pouch backpack system of Thatcher as modified to attach to the back of a seat. Furthermore, it would have been obvious to hang the backpack on the back of a seat with the straps as this is an old and well known method of hanging a backpack on a chair.
As concerns claim 18, Thatcher discloses wherein the hose holder device (see at least fig. 1, loop on strap 30 holding the plastic tube (16)) is anchored and attached to the liquid container (see at least fig. 3: 52) support device (see at least fig. 1: 30).
As concerns claim 19, Thatcher discloses wherein the hose holder device (see at least fig. 1, loop on strap 30 holding the plastic tube (16)) is attached to the same seat.
Thatcher does not show the water pouch backpack system being attached to a seat. However, it would have been obvious to a person having ordinary skill in the art, before the effective filing date to the invention, to use the water pouch backpack system attached to a seat. Furthermore, it would have been obvious to hang the backpack on the back of a seat with the straps as this is an old and well known method of hanging a backpack on a chair; as such, when the system is attached to the seat, likewise, the hose holder device would also be attached to the seat.
As concerns claim 20, Thatcher discloses wherein the hose holder device (see at least fig. 1, loop on strap 30 holding the plastic tube (16)) is attached to the armrest of a seat, attached to a portion of a seat, or attached to the base of the same seat.
Thatcher does not show the water pouch backpack system being attached to a seat. However, it would have been obvious to a person having ordinary skill in the art, before the effective filing date to the invention, to use the water pouch backpack system attached to a portion of a seat. Furthermore, it would have been obvious to hang the backpack on the back of a seat with the straps as this is an old and well known method of hanging a backpack on a chair.
As concerns claim 21, Thatcher discloses a liquid container support device (see at least fig. 1: 30) to hold a liquid container (see at least fig. 3: 52) for providing water, liquids, or beverages to a person while sitting in a seat, compromising: a liquid container (see at least fig. 3: 52) support device (see at least fig. 1: 30) to be attached to the back of the same seat to support a liquid container (see at least fig. 3: 52), wherein the liquid container (see at least fig. 3: 52) support device (see at least fig. 1: 30) compromises: one or more top seat attachment straps (see at least fig. 1: 38) used to attach or secure the liquid container (see at least fig. 3: 52) support device (see at least fig. 1: 30) on the same seat by going over the top of the same seat and attach or secure to bottom seat attachment straps (see at least fig. 1: 22) in the front of the same seat; one or more bottom seat attachment straps (see at least fig. 1: 22) used to attach or secure the liquid container (see at least fig. 3: 52) support device (see at least fig. 1: 30) on the same seat by going around the bottom portion of the back of the same seat, then around to the front of the same seat, and then back around to the back of the same seat; top seat attachment straps (see at least fig. 1: 38) to the bottom seat attachment straps (see at least fig. 1: 22) in the front of the same seat.
Thatcher does not teach one or more bottom seat attachment straps used to attach or secure top seat attachment straps.
However, Thatcher II teaches one or more bottom seat attachment straps (Thatcher, fig. 3: 42) used to attach or secure top seat attachments. It would have been obvious to a person having ordinary skill in the art, before the effective filing date to the invention, to modify Thatcher with the teachings of Thatcher II in order to provide the backpack with additional attachment straps for more secure attachment.
Thatcher as modified does not show the water pouch backpack system being attached to the back of a seat. However, it would have been obvious to a person having ordinary skill in the art, before the effective filing date to the invention, to use the water pouch backpack system of Thatcher as modified to attach to the back of a seat. Furthermore, it would have been obvious to hang the backpack on the back of a seat with the straps as this is an old and well known method of hanging a backpack on a chair.
As concerns claim 22, Thatcher discloses wherein a hose holder device (see at least fig. 1, loop on strap 30 holding the plastic tube (16)) is used to place a hose (see at least fig. 1: 16) in a position that is accessible by a person to drink from a liquid container (see at least fig. 3: 52) while sitting in the same seat.
Thatcher does not show the water pouch backpack system being attached to a seat. However, it would have been obvious to a person having ordinary skill in the art, before the effective filing date to the invention, to use the water pouch backpack system attached to a portion of a seat. Furthermore, it would have been obvious to hang the backpack on the back of a seat with the straps as this is an old and well known method of hanging a backpack on a chair.
As concerns claim 23, Thatcher discloses wherein a hose (see at least fig. 1: 16) is used to drink from the liquid container (see at least fig. 3: 52).
As concerns claim 24, Thatcher discloses wherein the liquid container (see at least fig. 3: 52) is used to hold water, liquids, or beverages for person to drink from using a hose (see at least fig. 1: 16).
As concerns claim 25, Thatcher discloses wherein a hose holder device (see at least fig. 1, loop on strap 30 holding the plastic tube (16)) allows the person to access water, liquids, or beverages with his or her hand while in the same seat by pulling the hose (see at least fig. 1: 16) away from the hose holder device (see at least fig. 1, loop on strap 30 holding the plastic tube (16)) and the person drinks from the hose (see at least fig. 1: 16) that draws from the liquid container (see at least fig. 3: 52).
Thatcher does not show the water pouch backpack system being attached to a seat. However, it would have been obvious to a person having ordinary skill in the art, before the effective filing date to the invention, to use the water pouch backpack system attached to a portion of a seat. Furthermore, it would have been obvious to hang the backpack on the back of a seat with the straps as this is an old and well known method of hanging a backpack on a chair.
As concerns claim 26, Thatcher discloses wherein a hose holder device (see at least fig. 1, loop on strap 30 holding the plastic tube (16)) is attached to the same seat.
Thatcher does not show the water pouch backpack system being attached to a seat. However, it would have been obvious to a person having ordinary skill in the art, before the effective filing date to the invention, to use the water pouch backpack system attached to a portion of a seat. Furthermore, it would have been obvious to hang the backpack on the back of a seat with the straps as this is an old and well known method of hanging a backpack on a chair.
As concerns claim 27, Thatcher discloses wherein the hose holder device (see at least fig. 1, loop on strap 30 holding the plastic tube (16)) is attached to the armrest of the same seat, attached to a portion of the same seat, or attached to the base of the same seat.
Thatcher does not show the water pouch backpack system being attached to a seat. However, it would have been obvious to a person having ordinary skill in the art, before the effective filing date to the invention, to use the water pouch backpack system attached to a portion of a seat. Furthermore, it would have been obvious to hang the backpack on the back of a seat with the straps as this is an old and well known method of hanging a backpack on a chair.
Response to Arguments
Applicant's arguments filed 27 August 2025 have been fully considered but they are not persuasive. Applicant argues that the prior art (Thatcher) fails to show a liquid container support device to be attached to the back of the same seat and a hose holder device used to place a hose in a position that is accessibly by a person to drink from a liquid container while sitting in the same seat. However, as discussed in the rejection above, Thatcher teaches a hose holder device used to place a hose in a position that is accessibly by a person to drink from a liquid container while sitting in the same seat. While Thatcher does not directly teach the water pouch backpack system being attached to a seat, it would have been obvious to hang the backpack on the back of a seat with the straps as this is an old and well known method of hanging a backpack on a chair.
Conclusion
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 JESSICA K THOMPSON whose telephone number is (571)272-3620. The examiner can normally be reached Monday-Friday 8:30-5:00 ET.
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JESSICA K THOMPSON
Examiner
Art Unit 3636
/DAVID R DUNN/Supervisory Patent Examiner, Art Unit 3636