DETAILED ACTION
This Final Office Action is in response to the amendment and / or remarks filed on December 01, 2025. Claims 1, 2, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 17, 18, 19 & 20 are pending and currently being examined.
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 .
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, 2, 5, 6, 7, 8, 10, 11 & 12 are rejected under 35 U.S.C. 103 as being unpatentable over (U.S. Patent Design Number 378,163) to Clissold in view of (U.S. Patent Publication Number 2023 / 0098235 A1) to Anguiano, (U.S. Patent Publication Number 2018 / 0235352 A1) to Jones et al., (U.S. Patent Number 11,110,307 B1) to Possible, (U.S. Patent Publication Number 2013 / 0047312 A1) to Wilson, (U.S. Patent Number 5,797,142) to Debronsky, Jr. et al., and (WO 2020 / 148655 A1) to Safe.
Regarding claim 1, Clissold discloses an electronic tablet holding apparatus comprising:
an electronic tablet holding device (See Figure 1) having the plurality of straps (i.e. Left & Right Harness Straps in Figure 1) to wrap around a body of a user and an impact absorbent case (i.e. Front Rectangular Pouch Case in Figure 1);
wherein the impact absorbent case (i.e. Front Rectangular Pouch Case in Figure 1) having the slit (i.e. via Zipper Slit in Figure 1) at the top end for inserting the tablet therethrough;
wherein the plurality of straps (i.e. Left & Right Harness Straps in Figure 1) having the right shoulder strap (i.e. Right Shoulder Harness Strap in Figure 1) and the left shoulder strap (i.e. Left Shoulder Harness Strap in Figure 1) attached to the top end of the impact absorbent case (i.e. Front Rectangular Pouch Case in Figure 1) configured to extend the right shoulder strap (i.e. Right Shoulder Harness Strap in Figure 1) over the right shoulder and to extend the left shoulder strap (i.e. Left Shoulder Harness Strap in Figure 1) over a left shoulder;
wherein the right shoulder strap and the left shoulder strap (i.e. Left & Right Shoulder Harness Straps in Figure 1) are adjustable (i.e. via Adjustable Slide Buckle in Figure 1) in length to fit around shoulders of different sized users;
wherein the plurality of straps (i.e. Left & Right Harness Straps in Figure 1) having the right bottom strap (i.e. Right Bottom Angled Short Tab Strap in Figure 1) and the left shoulder strap (i.e. Left Shoulder Harness Strap in Figure 1) attached to the bottom end of the impact absorbent case (i.e. Front Rectangular Pouch Case in Figure 1);
wherein the right bottom strap (i.e. Right Bottom Angled Short Tab Strap in Figure 1) and configured to releasably fasten (i.e. Buckle Fastener) to the left shoulder strap (i.e. Left Shoulder Harness Straps in Figure 1);
wherein the left bottom strap (i.e. Left Bottom Short Tab Strap in Figure 1) and configured to releasably fasten (i.e. Buckle Fastener) to the right shoulder strap; (i.e. Left Shoulder Harness Straps in Figure 1)
wherein the plurality of straps (i.e. Left & Right Horizontal Straps in Figure 1) having the pair of adjustable (i.e. via Slide) back support straps (i.e. Left & Right Back Horizontal Loop Straps in Figure 1) attached to opposing sides of the impact absorbent case (i.e. Front Rectangular Pouch Case in Figure 1) and extending generally horizontally around the back of the user (See Figure 2); and
wherein the pair of adjustable back support straps (i.e. Left & Right Back Horizontal Loop Straps in Figure 1) including the first buckle (i.e. Lower Left & Right Horizontal Buckle Fastener) to fasten the pair of adjustable back support straps (i.e. Left & Right Horizontal Strap in Figure 1) to a torso of the user (See Figure 1).
However, Clissold does not explicitly disclose including the transparent front surface for holding the tablet close to the user’s body; and wherein said transparent front surface for viewing and accessing said electronic tablet therethrough.
Anguiano teaches including the transparent front surface (120) for holding the tablet (110) close to the user’s body; and wherein the transparent front surface (120) for viewing and accessing said electronic tablet (110) therethrough (See Paragraph 0012) (See Figure 1).
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to make including the transparent front surface for holding the tablet close to the user’s body; and wherein said transparent front surface for viewing and accessing said electronic tablet therethrough as taught by Anguiano with the electronic tablet holding apparatus of Clissold because the motivation only requires a simple substitution of one known electronic holding apparatus equivalent for another to obtain predictable results.
However, Clissold lacks and does not explicitly disclose the cushioned shoulder pocket.
Jones et al., teaches wherein the right shoulder strap (120) having the cushioned shoulder pocket (130) (See Paragraph 0054).
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to make the cushioned shoulder pocket as taught by Jones et al., with the electronic holding apparatus of Clissold in order to store personal items.
However, Clissold as modified by Jones et al., does not explicitly disclose the left shoulder strap having the cushioned shoulder pocket.
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to make the left shoulder strap having the cushioned shoulder pocket, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis paper Co. v. Bemis Co., 193 USPQ 8.
However, Clissold does not explicitly disclose wherein the right bottom strap (i.e. Right Bottom Short Tab Strap in Figure 1) is adjustable in length; and wherein the left bottom strap (i.e. Left Bottom Short Tab Strap in Figure 1) is adjustable in length.
Possible teaches wherein the right bottom strap (131B) is adjustable (i.e. via Slide Buckle Portion of (131C) in Figure 1) in length and configured to releasably fasten (i.e. Buckle Fastener Portion of (131C) to the right shoulder strap (131A) (See Figure 1);
wherein the left bottom strap (132C) is adjustable (i.e. via Slide Buckle (132B) in Figure 1) in length and configured to releasably fasten (i.e. Buckle Fastener of (132B) in Figure 1) to the left shoulder strap (132A).
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to make the right strap adjustable length and the left strap adjustable in length as taught by Possible in order to accommodate various size users.
However, Clissold does not explicitly disclose wherein the impact absorbent case having padded layers including the plastic underlayer for water-resistance.
Wilson teaches wherein the impact absorbent case (12) having padded layers including the plastic (36) underlayer for water-resistance (See Paragraph 0049).
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to make the impact absorbent case having padded layers including the plastic underlayer for water-resistance as taught by Wilson with the modified electronic tablet holding apparatus of Clissold because the motivation only requires a simple substitution of one known equivalent electronic tablet for another to obtain predictable results.
However, Clissold does not explicitly disclose the cushioned shoulder pockets (130) having padded layers including the plastic underlayer for water-resistance.
Debronsky, Jr. et al., teaches the pocket (60) having the padded layer (66, 46 & 42) including the plastic (i.e. Teflon Film – Tetra Teck) underlayer for water-resistance (See Column 6, lines 59 – 67) & (See Column 7, lines 1 & 2) (See Figure 2B).
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to make the pockets having padded layers including the plastic underlayer for water-resistance as taught by Debronsky, Jr. et al., with the load carrying device of Clissold in order to keep moisture from contacting the user garments (See Column 6, lines 66 & 67).
However, Clissold does not explicitly disclose further wherein the plurality of straps are Dyneme straps.
Safe teaches wherein the plurality of straps (2 & 3) are Dyneme straps (See Page 4, lines 4 – 9).
It would have obvious to one having ordinary skill in the art at the time the invention was effectively filed to make wherein the plurality of straps are Dyneme as taught by Safe with the electronic tablet holding apparatus of Clissold because the motivation only requires a simple substitution of one known equivalent strap configuration for another to obtain predictable results.
Regarding claim 2, Clissold as modified by Anguiano discloses wherein the tablet (110) (See Paragraph 0011).
However, Clissold as modified by Anguiano does not explicitly disclose the GTL tablet.
It would have been an obvious matter of design choice to make the GTL tablet, since applicant has not disclosed that the GTL tablet solves any stated problem or is for any particular purpose and it appears that the invention would perform equally well with the tablet (110) as taught by Anguiano because the motivation only requires a simple substitution of one know electronic tablet holding apparatus configuration for another to obtain predictable results.
Regarding claim 5, Clissold discloses wherein the right shoulder strap (i.e. Right Shoulder Harness Strap in Figure 1) and the left bottom strap (i.e. Right Bottom Short Tab Strap in Figure 1) fastened together with the second buckle (i.e. Lower Left Buckle Fastener in Figure 1) at the rear surface of the impact absorbent case (i.e. Front Rectangular Pouch Case in Figure 1).
Furthermore, Clissold as modified by Possible discloses wherein the right shoulder strap (131A) and the right bottom strap (131B) fastened together with the second buckle (131C) at the rear surface of the impact absorbent case (110) (See Figure 1).
Regarding claim 6, Clissold discloses wherein the left shoulder strap (i.e. Left Shoulder Harness Strap in Figure 1) and the right bottom strap (i.e. Right Bottom Short Tab Strap in Figure 1) fastened together with the third fastening buckle (i.e. Lower Right Buckle Fastener in Figure 1) at the rear surface of the impact absorbent case (i.e. Front Rectangular Pouch Case in Figure 1).
Furthermore, Clissold as modified by Possible discloses the left shoulder strap (132A) and the left bottom strap (132C) fastened together with the third fastening buckle (132B) at the rear surface of the impact absorbent case (110) (See Figure 1).
Regarding claim 7, Clissold discloses wherein the portion of the right shoulder strap (i.e. Top Right Shoulder Harness Strap in Figure 1) attached to the rear surface (i.e. Back Panel Portion in Figures 1 & 2) of the impact absorbent case (i.e. Front Rectangular Pouch Case in Figure 1) and the portion of the left shoulder strap (i.e. Top Left Shoulder Harness Strap in Figure 1) attached to the rear surface (i.e. Back Panel Portion in Figures 1 & 2) of the impact absorbent case (i.e. Front Rectangular Pouch Case in Figure 1).
Regarding claim 8, Clissold discloses wherein fastened adjustable back support straps (i.e. Left & Right Back Horizontal Loop Straps in Figure 1) overlap (i.e. Strap Attached Sections via Bottom Left & Right Corner End Portions in Figure 1) the right shoulder strap (i.e. Right Lower Angled Harness Straps in Figure 1) and the left shoulder strap (i.e. Left Lower Angled Harness Straps in Figure 1).
Regarding claim 9, Clissold discloses wherein fastened right shoulder strap (i.e. Right Lower Angled Harness Straps in Figure 1) and the left shoulder strap (i.e. Left Lower Angled Harness Straps in Figure 1) overlap (i.e. Strap Attached Sections via Bottom Left & Right Corner End Portions in Figure 1) the adjustable back support straps (i.e. Left & Right Back Horizontal Loop Straps in Figure 1).
Regarding claim 10, Clissold discloses wherein the adjustable back support straps (i.e. Left & Right Back Horizontal Loop Straps in Figure 1).
However, Clissold as modified by above does not explicitly disclose having the free end for pulling to adjust a length of the adjustable back support straps.
Possible teaches wherein the adjustable back support straps (151 & 152) having the free end (i.e. Distal End Portion of (151) in Figure 1) for pulling to adjust the length of the adjustable back support straps (151 & 152) (See Figure 1).
Regarding claim 11, Clissold discloses wherein the fastened the impact absorbent case (i.e. Front Rectangular Pouch Case in Figure 1) resting on the chest of the user.
Furthermore, Clissold as modified by Anguiano discloses wherein the fastened the impact absorbent case (100) resting on a chest of the user (See Figures 1 & 2A).
Regarding claim 12, Clissold as modified by Anguiano discloses wherein the tablet (110) operable through the transparent front surface (120).
Claim(s) 13, 14, 17, 18 & 19 are rejected under 35 U.S.C. 103 as being unpatentable over (U.S. Patent Design Number 378,163) to Clissold in view of (U.S. Patent Publication Number 2023 / 0098235 A1) to Anguiano, (U.S. Patent Number 11,110,307 B1) to Possible, (U.S. Patent Publication Number 2018 / 0235352 A1) to Jones et al., (U.S. Patent Publication Number 2013 / 0047312 A1) to Wilson and (U.S. Patent Number 5,797,142) to Debronsky, Jr. et al.; and (U.S. Patent Number 6,790,201 B2) to Meyer.
Regarding claim 13, Clissold discloses an electronic tablet holding apparatus (See Figure 1) comprising:
an electronic tablet holding device (See Figure 1) having the plurality of straps (i.e. Left & Right Harness Straps in Figure 1) to wrap around the body of a user and an impact absorbent case (i.e. Front Rectangular Pouch Case in Figure 1);
wherein the impact absorbent case (i.e. Front Rectangular Pouch Case in Figure 1) having the slit (i.e. via Zipper Slit in Figure 1) at the top end for inserting said tablet therethrough (See Figure 1);
wherein the plurality of straps (i.e. Left & Right Harness Straps in Figure 1) having the right shoulder strap (i.e. Right Harness Straps in Figure 1) and the left shoulder strap (i.e. Left Harness Straps in Figure 1) attached to the top end of the impact absorbent case (i.e. Front Rectangular Pouch Case in Figure 1) configured to extend the right shoulder strap (i.e. Right Harness Straps in Figure 1) over the right shoulder and to extend the left shoulder strap (i.e. Left Harness Straps in Figure 1) over the left shoulder (See Figure 1);
wherein the right shoulder strap (i.e. Right Harness Straps in Figure 1) and the left shoulder strap (i.e. Left Harness Straps in Figure 1) are adjustable (i.e. via Slide Buckle in Figure 1) in length to fit around shoulders of different sized users;
wherein the plurality of straps (i.e. Left & Right Harness Straps in Figure 1) having the right bottom strap (i.e. Right Bottom Short Tab Strap in Figure 1) and the left shoulder strap (i.e. Left Harness Straps in Figure 1) attached to the impact absorbent case (i.e. Front Rectangular Pouch Case in Figure 1);
wherein the right bottom strap (i.e. Right Bottom Angled Short Tab Strap in Figure 1) and configured to releasably fasten (i.e. via Buckle Fastener) to the left shoulder strap (i.e. Right Shoulder Harness Straps in Figure 1);
wherein the left bottom strap (i.e. Left Bottom Angled Short Tab Strap in Figure 1) configured to releasably fasten (i.e. via Buckle Fastener) to the right shoulder strap (i.e. Left Shoulder Harness Straps in Figure 1);
wherein the plurality of straps (i.e. Left & Right Harness Straps in Figure 1) having the pair of adjustable back support straps (i.e. Left & Right Back Horizontal Loop Straps in Figure 1) attached to opposing sides of the impact absorbent case (i.e. Front Rectangular Pouch Case in Figure 1) and extending generally horizontally around the back of the user;
wherein the pair of adjustable back support straps (i.e. Left & Right Back Horizontal Loop Straps in Figure 1) including the first buckle (i.e. Lower Left & Right Horizontal Buckle Fastener) to fasten the pair of adjustable back support straps (i.e. Left & Right Back Horizontal Loop Straps in Figure 1) to the torso of the user;
wherein the right shoulder strap (i.e. Right Shoulder Harness Straps in Figure 1) and the left bottom strap (i.e. Left Bottom Angled Short Tab Strap in Figure 1) fastened together with the second buckle (i.e. Angled Buckled Fastener in Figure 1) at the rear surface of the impact absorbent case (i.e. Front Rectangular Pouch Case in Figure 1);
wherein the left shoulder strap (i.e. Left Shoulder Harness Straps in Figure 1) and the right bottom strap (i.e. Right Bottom Angled Short Tab Strap in Figure 1) fastened together with the third fastening buckle (i.e. Angled Buckled Fastener in Figure 1) at the rear surface of the impact absorbent case (i.e. Front Rectangular Pouch Case in Figure 1); and
wherein the right shoulder strap (i.e. Right Shoulder Harness Straps in Figure 1), the left shoulder strap (i.e. Left Shoulder Harness Straps in Figure 1), and the impact absorbent case (i.e. Front Rectangular Pouch Case in Figure 1).
However, Clissold does not explicitly disclose including the transparent front surface for holding the tablet close to the user’s body; and wherein said transparent front surface for viewing and accessing said electronic tablet therethrough.
Anguiano teaches including the transparent front surface (120) for holding the tablet (110) close to the user’s body; and wherein the transparent front surface (120) for viewing and accessing said electronic tablet (110) therethrough (See Paragraph 0012) (See Figure 1).
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to make including the transparent front surface for holding the tablet close to the user’s body; and wherein said transparent front surface for viewing and accessing said electronic tablet therethrough as taught by Anguiano with the electronic tablet holding apparatus of Clissold because the motivation only requires a simple substitution of one known electronic holding apparatus equivalent for another to obtain predictable results.
However, Clissold does not explicitly disclose wherein the right bottom strap is adjustable in length and configured to releasably fasten to the right shoulder strap; wherein the left bottom strap is adjustable in length and configured to releasably fasten to the left shoulder strap; wherein the right shoulder strap and the right bottom strap fastened together with the second buckle at the rear surface of the impact absorbent case; and further wherein the left shoulder strap and the left bottom strap fastened together with the third fastening buckle at the rear surface of the impact absorbent case.
Possible teaches wherein the right bottom strap (131B) is adjustable (i.e. via Slide Buckle Portion of (131C) in Figure 1) in length and configured to releasably fasten (i.e. via Buckle Fastener Portion (131C) in Figure 1) to the right shoulder strap (131A); wherein the left bottom strap (132C) is adjustable (i.e. via Slide Buckle Portion of (132B) in Figure 1) in length and configured to releasably fasten (i.e. via Buckle Fastener Portion (132B) in Figure 1) to the left shoulder strap (132A); wherein the right shoulder strap (131A) and the right bottom strap (131B) fastened together with the second buckle (131C) at the rear surface of the impact absorbent case (110); and further wherein the left shoulder strap (132A) and the left bottom strap (132C) fastened together with the third fastening buckle (132B) at the rear surface of the impact absorbent case (110) (See Figure 1).
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to make the right strap adjustable length and the left strap adjustable in length as taught by Possible with the electronic tablet holding apparatus of Clissold because the motivation only requires a simple substitution one known holding apparatus configuration for another to obtain predictable results.
However, Clissold lacks and does not explicitly disclose having the cushioned
shoulder pocket.
Jones et al., teaches wherein the right shoulder strap (120) having the cushioned
shoulder pocket (130) (See Paragraph 0054) (See Figure 2).
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to make the cushioned shoulder pocket as taught by Jones et al., with the electronic holding apparatus of Clissold in order to store personal items.
However, Clissold as modified by Jones et al., does not explicitly disclose the left shoulder strap having the cushioned shoulder pocket.
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to make the left shoulder strap having the cushioned shoulder pocket, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis paper Co. v. Bemis Co., 193 USPQ 8.
However, Clissold does not explicitly disclose wherein the impact absorbent case having padded layers including the plastic underlayer for water-resistance.
Wilson teaches wherein the impact absorbent case (12) having padded layers including the plastic (36) underlayer for water-resistance (See Paragraph 0049).
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to make the impact absorbent case having padded layers including a plastic underlayer for water-resistance as taught by Wilson with the modified electronic tablet holding apparatus of Clissold because the motivation only requires a simple substitution of one known equivalent electronic tablet for another to obtain predictable results.
However, Clissold does not explicitly disclose the cushioned shoulder pockets (130) having padded layers including the plastic underlayer for water-resistance.
Debronsky, Jr. et al., teaches the pocket (60) having the padded layer (66, 46 & 42) including the plastic (i.e. Teflon Film – Tetra Teck) underlayer for water-resistance (See Column 6, lines 59 – 67) & (See Column 7, lines 1 & 2) (See Figure 2B).
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to make the pockets having padded layers including the plastic underlayer for water-resistance as taught by Debronsky, Jr. et al., with the load carrying device of modified Clissold in order to keep moisture from contacting the user garments (See Column 6, lines 66 & 67).
However, Clissold does not explicitly disclose wherein the plurality of straps are rubber straps.
Meyer teaches wherein the plurality of straps (12 & 13) are rubber straps (See Column 6, lines 36 – 42).
It would have obvious to one having ordinary skill in the art at the time the invention was effectively filed to make the plurality of straps having the material selected from a group consisting of the nylon webbing and / or the polyester as taught by Meyer with the electronic tablet holding apparatus of Clissold because the motivation only requires a simple substitution of one known equivalent strap configuration for another to obtain predictable results.
Regarding claim 14, Clissold as modified by Anguiano discloses wherein the tablet (110) (See Paragraph 0011).
However, Clissold as modified by Anguiano does not explicitly disclose the GTL tablet.
It would have been an obvious matter of design choice to make the GTL tablet, since applicant has not disclosed that the GTL tablet solves any stated problem or is for any particular purpose and it appears that the invention would perform equally well with the tablet (110) as taught by Anguiano with the electronic tablet holding apparatus of Clissold because the motivation only requires a simple substitution one known electronic tablet holding apparatus equivalent configuration for another to obtain predictable results.
Regarding claim 17, Clissold discloses wherein the portion of the right shoulder strap (i.e. Top Right Shoulder Harness Strap in Figure 1) attached to the rear surface (i.e. Back Panel Portion in Figures 1 & 2) of the impact absorbent case (i.e. Front Rectangular Pouch Case in Figure 1) and the portion of the left shoulder strap (i.e. Top Left Shoulder Harness Strap in Figure 1) attached to the rear surface (i.e. Back Panel Portion in Figures 1 & 2) of the impact absorbent case (i.e. Front Rectangular Pouch Case in Figure 1).
Regarding claim 18, Clissold discloses wherein fastened adjustable back support straps (i.e. Left & Right Back Horizontal Loop Straps in Figure 1) overlap (i.e. Strap Attached Sections via Bottom Left & Right Corner End Portions in Figure 1) the right shoulder strap (i.e. Right Lower Angled Harness Straps in Figure 1) and the left shoulder strap (i.e. Left Lower Angled Harness Straps in Figure 1).
Regarding claim 19, Clissold discloses wherein fastened right shoulder strap (i.e. Right Lower Angled Harness Straps in Figure 1) and the left shoulder strap (i.e. Left Lower Angled Harness Straps in Figure 1) overlap (i.e. Strap Attached Sections via Bottom Left & Right Corner End Portions in Figure 1) the adjustable back support straps (i.e. Left & Right Back Horizontal Loop Straps in Figure 1).
Claim(s) 20 is rejected under 35 U.S.C. 103 as being unpatentable over (U.S. Patent Design Number 378,163) to Clissold in view of (U.S. Patent Number 10,944,140 B2) to Thiel et al., (U.S. Patent Publication Number 2023 / 0098235 A1) to Anguiano, (U.S. Patent Number 11,110,307 B1) to Possible; and (U.S. Patent Publication Number 2015 / 0305478 A1) to Krol.
Regarding claim 20, Clissold discloses an electronic tablet holding apparatus (See Figure 1) comprising:
an electronic tablet holding device (See Figure 1) having the plurality of straps (i.e. Left & Right Harness Straps in Figure 1) to wrap around the body of the user; and
wherein the case (i.e. Front Rectangular Pouch Case in Figure 1) having the slit (i.e. via Zipper Slit in Figure 1) at the top end for inserting the tablet therethrough;
wherein the plurality of straps (i.e. Left & Right Harness Straps in Figure 1) having the right shoulder strap (i.e. Right Shoulder Harness Straps in Figure 1) and the left shoulder strap (i.e. Left Shoulder Harness Straps in Figure 1) attached to the top end of the case (i.e. Front Rectangular Pouch Case in Figure 1) configured to extend the right shoulder strap (i.e. Right Shoulder Harness Straps in Figure 1) over the right shoulder and to extend the left shoulder strap (i.e. Left Shoulder Harness Straps in Figure 1) over the left shoulder;
wherein the right shoulder strap (i.e. Right Shoulder Harness Straps in Figure 1) and the left shoulder strap (i.e. Left Shoulder Harness Straps in Figure 1) are adjustable (i.e. via Slide in Figure 1) in length to fit around shoulders of different sized users;
wherein the plurality of straps (i.e. Left & Right Harness Straps in Figure 1) having the right bottom strap (i.e. Right Bottom Short Tab Strap in Figure 1) and the left shoulder strap (i.e. Left Shoulder Harness Strap in Figure 1) attached to the bottom end of the case (i.e. Front Rectangular Pouch Case in Figure 1) (See Figure 1);
wherein the right bottom strap (i.e. Right Bottom Short Tab Strap in Figure 1) configured to releasably fasten to the left shoulder strap (i.e. Left Shoulder Harness Strap in Figure 1);
wherein the left bottom strap (i.e. Left Bottom Short Tab Strap in Figure 1) and configured to releasably fasten to the right shoulder strap (i.e. Right Shoulder Harness Strap in Figure 1);
wherein the plurality of straps (i.e. Left & Right Harness Straps in Figure 1) having the pair of adjustable back support straps (i.e. Left & Right Back Horizontal Loop Straps in Figure 1) attached to opposing sides of the case (i.e. Front Rectangular Pouch Case in Figure 1) (See Figure 1) and extending generally horizontally around the back of the user (See Figure 1);
wherein the pair of adjustable back support straps (i.e. Left & Right Back Horizontal Loop Straps in Figure 1) including the first buckle (i.e. Lower Left & Right Horizontal Buckle Fastener in Figure 1) to fasten the pair of adjustable back support straps (i.e. Left & Right Back Horizontal Loop Straps in Figure 1) to the torso of the user;
wherein the right shoulder strap (i.e. Right Shoulder Harness Strap in Figure 1) and the left shoulder strap (i.e. Left Shoulder Harness Strap in Figure 1) including the buckles (i.e. Left & Right Angled Buckle Fastener in Figure 1) to fasten the right shoulder strap (i.e. Right Shoulder Harness Strap in Figure 1) and the left shoulder strap (i.e. Left Shoulder Harness Strap in Figure 1);
wherein the right shoulder strap (i.e. Right Shoulder Harness Strap in Figure 1) and the left bottom strap (i.e. Left Bottom Angled Short Tab Strap in Figure 1) fastened together with the third buckle (i.e. Left Slanted / Angled Buckle Fastener in Figure 1) at the rear surface the case (i.e. Front Rectangular Pouch Case in Figure 1);
wherein the left shoulder strap (i.e. Left Shoulder Harness Strap in Figure 1) and the right bottom strap (i.e. Right Bottom Angled Short Tab Strap in Figure 1) fastened together with the fourth fastening buckle (i.e. Left Slanted / Angled Buckle Fastener in Figure 1) at the rear surface of the case;
wherein the fastened the case (i.e. Front Rectangular Pouch Case in Figure 1) resting on the chest of the user.
However, Clissold lacks and does not explicitly disclose waterproof silicone case; and wherein the silicone further comprising the plurality of sealable openings.
Thiel et al., teaches the waterproof silicone case (110) (See Column 13, lines 40 – 49); and wherein the silicone case (110) further comprises at least one sealable opening (See Abstract).
In addition, Thiel et al., recites: “All modifications and improvements have been deleted herein for the sake of conciseness and readability but are properly within the scope of the present invention.” (See Column 46, lines 54 – 57).
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to make the waterproof silicone case as taught by Thiel et al., with the electronic tablet holding apparatus of Clissold in order to protect the stored items within the case from environmental weather conditions and / or elements.
Furthermore, it would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to make the plurality of sealable openings, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co. 193 USPQ 8.
However, Clissold lacks and does not explicitly disclose including the transparent front surface for holding the tablet close to the user’s body, wherein the transparent front surface for viewing and accessing the electronic tablet therethrough; and further wherein the tablet operable through the transparent front surface.
Anguiano teaches including the transparent front surface (120) for holding the tablet (110) close to the user’s body; wherein the transparent front surface (120) for viewing and accessing the electronic tablet (110) therethrough; and further wherein the tablet (110) operable through the transparent front surface (120) (See Paragraph 0012) (See Figure 1).
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to make including the transparent front surface for holding the tablet close to the user’s body; and wherein said transparent front surface for viewing and accessing the electronic tablet therethrough as taught by Anguiano with the electronic tablet holding apparatus of Clissold because the motivation only requires a simple substitution of one known electronic holding apparatus equivalent for another to obtain predictable results.
However, Clissold lacks and does not explicitly disclose the second buckle to fasten the right shoulder strap and the left shoulder straps to the torso of the user; and including the second buckle to fasten the right shoulder strap and the left shoulder strap to the torso of the user; and wherein the right shoulder strap and the right bottom strap fastened together with the third buckle at the rear surface; wherein the left shoulder strap and the left right bottom strap fastened together with the fourth fastening buckle at the rear surface.
Possible teaches wherein the right shoulder strap (131A) and the left shoulder strap (132A) including the second buckle (141, 142 & 143) to fasten the right shoulder strap (131A) and the left shoulder strap (132A) to the torso of the user (See Figure 1); and
wherein the right shoulder strap (131A) and the right bottom strap (131B) fastened together with the third buckle (131C) at the rear (i.e. when worn front to back) surface; wherein the left shoulder strap (132A) and the left right bottom strap (132C) fastened together with the fourth fastening buckle (132B) at the rear (i.e. when worn front to back) surface.
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to make including the second buckle to fasten the right shoulder strap and the left shoulder strap to the torso of the user; and wherein the right shoulder strap and the right bottom strap fastened together with the third buckle at the rear surface; wherein the left shoulder strap and the left right bottom strap fastened together with the fourth fastening buckle at the rear surface as taught by Possible with the electronic tablet holding apparatus of Clissold because the motivation only requires a simple substitution of one known equivalent electronic tablet holding apparatus configuration for another to obtain predictable results.
However, Clissold does not explicitly disclose wherein the plurality of straps are leather straps.
Krol teaches wherein the plurality of straps (15 & 16) are rubber straps (See Paragraph 0024).
It would have obvious to one having ordinary skill in the art at the time the invention was effectively filed to make the plurality of straps having the material selected from a group consisting of the nylon webbing and / or the polyester as taught by Krol with the electronic tablet holding apparatus of Clissold because the motivation only requires a simple substitution of one known equivalent strap configuration for another to obtain predictable results.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 2, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 17, 18, 19 & 20 have been considered but are moot in view of the new grounds of rejection. Regarding applicant’s arguments concerning the number of references combined, see MPEP 2145 IV. and V. Reliance on a large number of references in a rejection does not, without more, weigh against the obviousness of the claimed invention. In re Gorman, 933 F.2d 982, 18 USPQ2d 1885 (Fed. Cir. 1991) (Court affirmed a rejection of a detailed claim to a candy sucker shaped like a thumb on a stick based on thirteen prior art references.).
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One cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., Inc., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). Where a rejection of a claim is based on two or more references, a reply that is limited to what a subset of the applied references teaches or fails to teach, or that fails to address the combined teaching of the applied references may be considered to be an argument that attacks the reference(s) individually. Where an applicant’s reply establishes that each of the applied references fails to teach a limitation and addresses the combined teachings and/or suggestions of the applied prior art, the reply as a whole does not attack the references individually as the phrase is used in Keller and reliance on Keller would not be appropriate. This is because "[T]he test for obviousness is what the combined teachings of the references would have suggested to [a PHOSITA]." In re Mouttet, 686 F.3d 1322, 1333, 103 USPQ2d 1219, 1226 (Fed. Cir. 2012).
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Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
(U.S. Patent Number 8,657,166 B1) to Harness teaches wherein the plurality of straps (30) are rubber straps (See Column 5, lines 56, 57 & 58) (See Figure 1).
(U.S. Patent Publication Number 2007 / 0170219 A1) to Ballarta et al., teaches wherein the right shoulder strap (46) having the cushioned shoulder pocket (20) (See Figures 1 – 10).
(U.S. Patent Number 5,318,084) to Jackson teaches wherein the shoulder strap (14) having the shoulder pocket (16, 22, 23, 24 & 26) (See Figures 1 & 2A).
(U.S. Patent Number 10,182,639 B2) to Picking teaches an electronic tablet holding apparatus (See Figures 4, 5 & 8) comprising: an electronic tablet holding device (50) having the plurality of straps (140, 141, 142 & 143) to wrap around the body of the user (See Figures 1, 4, 5 & 8).
(U.S. Patent Number 5,961,014) to Kneer teaches the right shoulder strap (i.e. Upper (12) in Figure 1) and the right bottom strap (i.e. Lower (12) in Figure 1) fastened together with the second buckle (16) at the front surface (See Figures 1 & 2).
(U.S. Patent Number 5,323,942) to Dahan teaches the adjustable back support straps (66 & 70) having the free end (i.e. Distal End Portion of Strap (66) in Figure 1) for pulling to adjust a length of the adjustable back support strap (66 & 70) (See Figures 1 & 5).
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.
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/L.L.V/Examiner, Art Unit 3734
/NATHAN J NEWHOUSE/Supervisory Patent Examiner, Art Unit 3734