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 .
Claim Interpretation – 112(f)
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
Claim Objections
Claim 6 is objected to because it should read “user’s neck”.
Claim Rejections - 35 USC § 112(b)
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.
Claims 5-10 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 5, “said bi-directional C-shaped guide component” lacks antecedent basis. The guide component is not previously recited to be bi-directional.
Regarding claim 7, it is unclear what is meant by “in both directions”. The directions are not previously introduced.
Regarding claims 9-10, “said mechanical stop devices” lacks antecedent basis.
Claims 6 and 8 depend from the above claim(s) and are rejected for the above reason as they do not cure the deficiency.
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 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent 10,123,592 to Raymond.
Regarding claim 1, Raymond discloses a rigid C-shaped guide (10) engaging a shoulder carrying strap (3), said guide having means for being securely affixed to an upper portion of an upper body garment (H-shaped cutout – Fig. 4).
Regarding claim 2, Raymond discloses wherein said C-shaped guide is oriented to prevent upward translation of such shoulder carrying strap toward a wearer's neck (Fig. 1).
Regarding claim 3, Raymond discloses wherein said C-shaped guide is oriented to prevent downward translation of said shoulder carrying strap off the user shoulder (Col. 4, lines 41-45).
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) 4-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Raymond in view of US Patent 8,508,921 to Su.
Regarding claim 4, Raymond discloses a rigid, C-shaped guide member, but fails to disclose a separate guide member and base. However, Su discloses a mounting arrangement including a clip (11); a mounting base (10); and secure affixation means (Fig. 1 – connection between clip and base) between said clip and said mounting base. It would have been obvious to one of ordinary skill to have used a separate base and guide member in Raymond because it only involves constructing a formerly integral structure in various connected elements. Nerwin v. Erlichman, 168 USPQ 177, 179. Further, the modification would allow for individual replacement of the guide member as needed.
Regarding claim 5, the combination from claim 4 discloses wherein said secure affixation means are alternately used to orient said bi directional C-shaped guide component (Su Figs. 1, 4).
Regarding claim 6, the combination from claim 4 discloses wherein said C-shaped guide alternately prevents upward translation of said shoulder strap toward the user neck (Raymond Fig. 1) or downward translation of said shoulder strap off the shoulder (Raymond Col. 4, lines 41-45).
Regarding claim 7, the combination from claim 4 discloses wherein said mounting base comprises mechanical stop means (Su Fig. 1 – 1021, right/left) in both directions.
Regarding claim 8, the combination from claim 4 discloses cooperative sliding alignment provisions between said C-shaped guide and said mounting base (Su – 101/111).
Regarding claim 9, the combination from claim 4 discloses wherein said mechanical stop devices comprise over travel stops (Su – 1021, right/left) preventing said C-shaped guide component from disengaging from said mounting base upon application of force.
Regarding claim 10, the combination from claim 4 discloses wherein said mechanical stop devices comprise at least one cooperative locking tab (Su – 1111) and notch (Su – 1022).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The cited references disclose configurations similar to that disclosed by applicant.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SCOTT T MCNURLEN whose telephone number is (313)446-4898. The examiner can normally be reached M-F 8am-5pm.
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/SCOTT T MCNURLEN/Primary Examiner, Art Unit 3734