DETAILED ACTION
This Final Office Action is in response to the amendment and / or remarks filed on January 20, 2026. Claims 1 – 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 § 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 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by (German Patent Number DE 202 03 685 U1) to Hyve.
Regarding claim 1, Hyve discloses the carrying device (See Figure 1) comprising;
- one or more storage pouches (i.e. Storage Pouch Portion of Backpack (3) in Figure 3);
- at least one shoulder strap (i.e. Backpack Shoulder Straps of (3) in Figure 3) connected to the one or more storage pouch (i.e. Storage Pouch Portion of Backpack (3) in Figures 3), optionally via the frame (i.e. Rear Side Panel Portion of (3) in Figure 3); the at least one shoulder strap (i.e. Backpack Shoulder Straps of (3) in Figure 3) is configured to allow the one or more storage pouches (i.e. Storage Pouch Portion of Backpack (3) in Figure 3) to be carried on an intended user’s back (See Figures 1, 3, 4, 6 & 7); and
- an attachment member (5 & 9) intended for attachment of the long narrow object (1 & 2), the long narrow object being the firearm (See Figures 1, 3 & 4);
the attachment member (5 & 9) comprises the first part (i.e. Female Buckle Part of (5) / Strap Part (9) in Figures 1 & 3) and the second part (i.e. Male Buckle Part of (5) / Aperture Slot Opening of (2) in Figure 3), being fully releasable from one another (See Figure 3), the first and second part {(i.e. Female Buckle Part of (5) / Strap Part (9) in Figures 1 & 3) & (i.e. Male Buckle Part of (5) / Aperture Slot Opening of (2) in Figure 3)} having the respective connecting end (i.e. Open Aperture End Portion of Female Buckle Part of (5) & Protrusion End Portion of Male Buckle Part of (5) in Figure 3) and the respective fixation end (i.e. via Stitched Fixed End Portion (6) in Figure 3) & (i.e. via Attached Rear End Portion of Male Buckle (5) Adjacent (1) in Figure 3);
the connecting ends (i.e. Open Aperture End Portion of Female Buckle Part & Protrusion End Portion of Male Buckle Part (5) in Figure 3) of the first and second parts (i.e. Female & Male Buckle Parts of (5) in Figure 3) of the attachment member (5) are configured to receive one another and lock (i.e. via Locking of (5) in Figure 1) the first and second parts (i.e. Female & Male Buckle Parts of (5) in Figure 3) of the attachment member (5) together (See Figure 3);
the fixation end (i.e. via Attached Rear End Portion of Male Buckle (5) Adjacent 1) in Figure 3) of the second part (i.e. Male Buckle Part of (5) in Figure 3) of the attachment member (5) is configured to allow attachment directly to the firearm at the single point of attachment;
the fixation end (i.e. via Stitched Fixed End Portion (6) / Attached End Strap Portion of (9) in Figure 3) of the first part (i.e. Female Buckle Part of (5) / Strap Part (9) in Figure 3) of the attachment member (5 & 9) is fastened on the one or more storage pouches (i.e. Storage Pouch Portion of Backpack (3) in Figure 3), the at least one shoulder strap (i.e. Backpack Shoulder Straps of (3) in Figure 3) or the frame (i.e. Rear Side Panel Portion of (3) in Figure 3) at a position relative to the intended user which is proximally behind one of the shoulders of the intended user, thereby allowing freedom of motion to the intended user when the firearm is secured in the carrying device (See Figures 1, 3, 4, 6, & 7).
Claim(s) 1 & 2 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by (Great Britian Patent Number GB 2623105 A) to Antoniou.
Regarding claim 1, Antoniou discloses the carrying device (20) comprising;
- one or more storage pouches (i.e. Storage Pouch Portion of Backpack (21) in Figure 1);
- at least one shoulder strap (i.e. Backpack Shoulder Straps of (21) in Figure 1) connected to the one or more storage pouch (i.e. Storage Pouch Portion of Backpack (21) in Figure 1), optionally via the frame (i.e. Rear Side Panel Portion of (21) in Figure 1); the at least one shoulder strap (i.e. Backpack Shoulder Straps of (21) in Figure 1) is configured to allow the one or more storage pouches (i.e. Storage Pouch Portion of Backpack (21) in Figure 1) to be carried on an intended user’s back (See Figure 1); and
- an attachment member (1 / 22) intended for attachment of the long narrow object, the long narrow object being the firearm;
the attachment member (1 / 22) comprises the first part (6, 7, 8 & 9) and the second part (2, 12, 13, 14, 15 & 17), being fully releasable (i.e. via (3) in Figure 2) from one another, the first and second part (i.e. via (6, 7, 8 & 9) & (2, 12, 13, 14, 15 & 17) in Figure 2) having the respective connecting end (i.e. Connecting End Portions of (2 & 6) in Figure 2) and the respective fixation end (i.e. via Fixed End Portions (8 / 9) & (12, 13, 14 & 4) in Figure 2);
the connecting ends (i.e. Connecting End Portions of (2 & 6) in Figure 2) of the first and second parts (i.e. via (6, 7, 8 & 9) & (2, 12, 13, 14, 15 & 17) in Figure 2) of the attachment member (1 / 22) are configured to receive one another and lock (i.e. via Locking of (2 & 6) in Figure 2) the first and second parts (i.e. via (6, 7, 8 & 9) & (2, 12, 13, 14, 15 & 17) in Figure 2) of the attachment member (1 / 22) together (See Figure 1);
the fixation end (i.e. via Fixed End Portion (12, 14, 13 & 4) in Figure 2) of the second part (2, 12, 13, 14, 15 & 17) of the attachment member (1) is configured to allow attachment directly to the firearm at the single point of attachment;
the fixation end (i.e. via Fixed End Portions (8 / 9) in Figure 2) of the first part (6, 7, 8 & 9) of the attachment member (1 / 22) is fastened on the one or more storage pouches (i.e. Storage Pouch Portion of Backpack (21) in Figure 1) (See Abstract), the at least one shoulder strap (i.e. Backpack Shoulder Straps of (21) in Figure 1) or the frame (i.e. Rear Side Panel Portion of (21) in Figure 1) at a position relative to the intended user which is proximally behind one of the shoulders of the intended user, thereby allowing freedom of motion to the intended user when the firearm is secured in the carrying device (1 / 22) (See Figures 1 & 2).
Regarding claim 2, Antoniou discloses wherein the attachment member (1 / 22) further comprises release activation means (3) configured to activate the quick release function (i.e. via the Pulling Function of the Rod (2) after (3) is pressed in Figure 2) of the attachment member (1 / 22) (See Abstract), the release activation means (3) comprises the rod (2) configured such that the pulling action of the rod (2) activates the release of the first and second parts (i.e. via (6, 7, 8 & 9) & (2, 12, 13, 14, 15 & 17) in Figure 2) of the attachment member (1 / 22) from each other, thereby allowing the firearm to be easily retrievable for the intended user when needed (See Abstract) (See Figures 1 & 2).
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) 9 is rejected under 35 U.S.C. 103 as being unpatentable over (German Patent Number DE 202 03 685 U1) to Hyve.
Regarding claim 9, Hyve discloses wherein a distance between the two fixation ends (i.e. via Stitched Fixed End Portion (6) & (i.e. via Attached Rear End Portion of Male Buckle (5) Adjacent (1) in Figure 3) of the first part (i.e. Female Buckle Part of (5) in Figure 3) and the second part (i.e. Male Buckle Part of (5) in Figure 3) of the attachment member (5) when being locked to each other (See Figure 1).
However, Hyve does not explicitly disclose not exceeding 8 centimeters.
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to make the attachment member (5 & 6) of Hyve not exceed 8 centimeters when being locked to each other, 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.
Claim(s) 9 & 10 are rejected under 35 U.S.C. 103 as being unpatentable over (Great Britian Patent Number GB 2623105 A) to Antoniou.
Regarding claim 9, Antoniou discloses wherein a distance between the two fixation ends {(i.e. via Fixed End Portions (8 / 9) in Figure 2) & (i.e. via Fixed End Portion (12, 14 ,13 & 4) in Figure 2)} of the first part (6, 7, 8 & 9) and the second part (2, 12, 13, 14, 15 & 17) of the attachment member (1 / 22) when being locked to each other (See Figure 2).
However, Antoniou does not explicitly disclose not exceeding 8 centimeters.
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to make the attachment member (1 / 22) of Antoniou not exceed 8 centimeters when being locked to each other, 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.
Regarding claim 10, Antoniou discloses wherein a distance between the two fixation ends {(i.e. via Fixed End Portions (8 / 9) in Figure 2) & (i.e. via Fixed End Portion (12, 14, 13, & 4) in Figure 2)} of the first part (6, 7, 8 & 9) and the second part (2, 12, 13, 14, 15 & 17) of the attachment member (1 / 22) when being locked to each other (See Figure 2).
However, Antoniou does not explicitly disclose not exceeding 8 centimeters.
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to make the attachment member (1 / 22) of Antoniou not exceed 8 centimeters when being locked to each other, 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.
Claim(s) 1 – 4, 6, 7, 9, 10, 11, 12, 14, 15, 16 & 17 are rejected under 35 U.S.C. 103 as being unpatentable over (U.S. Patent Number 9,074,840 B2) to Andersen in view of (U.S. Patent Publication Number 2006 / 0163304 A1) to Slesar.
Regarding claim 1, Andersen discloses the carrying device (4) comprising;
- one or more storage pouches (i.e. Storage Pouch Portion of (1 & 4) in Figure 1);
- at least one shoulder strap (5) connected to the one or more storage pouch (i.e. Storage Pouch Portion of (4 & 1) in Figure 1), optionally via the frame (i.e. Rear Side Panel Portion of (4) in Figures 1, 11 & 13); the at least one shoulder strap (5) is configured to allow the one or more storage pouches (i.e. Storage Pouch Portion of (4 & 1) in Figure 1) to be carried on an intended user’s back (See Figure 1); and
- an attachment member (31 & 32) intended for attachment of the long narrow object (2), the long narrow object (2) being the firearm (See Figure 1);
the attachment member (30) comprises the first part (31) and the second part (32), being fully releasable from one another (See Figure 6), the first and second part (31 & 32) having the respective connecting end (35 & 34) and the respective fixation end (36 & 33) (See Figure 6);
the connecting ends (35 & 34) of the first and second parts (31 & 32) of the attachment member (30) are configured to receive one another and lock the first and second parts (31 & 32) of the attachment member (30) together (See Column 4, lines 60 – 64) (See Figure 6);
the fixation end (33) of the second part (32) of the attachment member (30) (See Figures 5 & 6), (See Figure 1);
the fixation end (36) of the first part (32) of the attachment member (30) is fastened (i.e. via (36C)) on the one or more storage pouches (i.e. via (12B) of (1) in Figures 1 & 5) (See Column 4, lines 65 – 67), the at least one shoulder strap (5) or the frame (i.e. Rear Side Panel Portion of (4) in Figures 1, 11 & 13) at a position relative to the intended user which is proximally behind one of the shoulders (5) of the intended user, thereby allowing freedom of motion to the intended user when the firearm (2) is secured in the carrying device (4).
However, Andersen does not explicitly disclose configured to allow attachment directly to the firearm at the single point of attachment.
Slesar teaches the fixation end (i.e. Distal Upper End Portion of Rifle Strap) of the second part (i.e. Rifle Strap) of the attachment member (30 / 30’) (See Figures 1 & 4), is configured to allow attachment directly to the firearm (80) at the single point of attachment (i.e. Top End Portion of Rifle Strap in Figures 1 & 4).
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to make the fixation end of the second part of the attachment member, configured to allow attachment directly to the firearm at the single point of attachment as taught by Slesar with the carrying device of Andersen because the motivation only requires a simple substitution of one known equivalent fixation end of the second part configuration for another to obtain predictable results.
Regarding claim 2, Andersen discloses wherein the attachment member (30) further comprises release activation means (40) configured to activate the quick release function (i.e. via the Pulling Function of the Handle (41) / String (42) in Figures 1 & 12) of the attachment member (30) (See Column 5, lines 16 – 22), the release activation means (40) comprises the string (42) configured such that the pulling action of the string (42) activates the release of the first and second parts (31 & 32) of the attachment member (30) from each other, thereby allowing the firearm (2) to be easily retrievable for the intended user when needed (See Figures 11, 12 & 13).
Regarding claim 3, Andersen discloses the release activation means (40) configured for the string (42) in a position easily reachable by an intended user, thereby allowing the release activation means (40) to be easily reached by the intended user (See Figures 1 & 12).
However, Andersen does not explicitly disclose further comprising the release activation means holder configured for retaining the string.
Slesar teaches further comprising the release activation means holder (26) configured for retaining the string (44) and/or rod in a position easily reachable by an intended user, allowing the release activation means (46) to be easily reached by the intended user (See Paragraphs 0026 & 0029) (See Figures 1 & 4) for the purpose of preventing the release cord (See Paragraph 0026).
It would have been obvious to one having ordinary skill in the art at the time the time the invention was effectively filed to make the release activation means holder configured for retaining the string and/or rod in a position easily reachable by an intended user, allowing the release activation means to be easily reached by the intended user as taught by Slesar with the carrying device of Andersen in order to prevent tangling of the release cord (See Paragraph 0026).
Regarding claim 4, Andersen as modified by Slesar discloses wherein the release activation means holder (26) is the tube (i.e. Sleeve).
Regarding claim 6, Andersen discloses wherein the release activation means (40) is configured to cause the string (42 & 43) to trail along of the shoulder strap (5) towards the neck or chest area of the intended user (See Figures 1 & 12).
Furthermore, Andersen as modified by Slesar discloses wherein the release activation means holder (26) is configured to cause the string (44) to trail along of the shoulder towards the neck or chest area of the intended user (See Figures 1 & 4).
Regarding claim 7, Andersen discloses wherein the release activation means (40) is configured to cause the string (42 & 43) to trail along of the shoulder strap (5) towards the neck or chest area of the intended user (See Figures 1 & 12).
Furthermore, Andersen as modified by Slesar discloses wherein the release activation means holder (26) is configured to cause the string (44) to trail along of the shoulder towards the neck or chest area of the intended user.
Regarding claim 9, Andersen discloses wherein a distance between the two fixation ends (33 & 36) of the first part (31) and the second part (32) of the attachment member (30) when being locked to each other (See Figure 6).
However, Andersen does not explicitly disclose not exceeding 8 centimeters.
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to make the attachment member (30) of Andersen not exceed 8 centimeters when being locked to each other, 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.
Regarding claim 10, Andersen discloses wherein a distance between the two fixation ends (33 & 36) of the first part (31) and the second part (32) of the attachment member (30) when being locked to each other (See Figure 6).
However, Andersen does not explicitly disclose not exceeding 8 centimeters.
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to make the attachment member (30) of Andersen not exceed 8 centimeters when being locked to each other, 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.
Regarding claim 11, Andersen discloses wherein a distance between the two fixation ends (33 & 36) of the first part (31) and the second part (32) of the attachment member (30) when being locked to each other (See Figure 6).
However, Andersen does not explicitly disclose not exceeding 8 centimeters.
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to make the attachment member (30) of Andersen not exceed 8 centimeters when being locked to each other, 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.
Regarding claim 12, Andersen discloses wherein a distance between the two fixation ends (33 & 36) of the first part (31) and the second part (32) of the attachment member (30) when being locked to each other (See Figure 6).
However, Andersen does not explicitly disclose not exceeding 8 centimeters.
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to make the attachment member (30) of Andersen not exceed 8 centimeters when being locked to each other, 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.
Regarding claim 14, Andersen discloses wherein a distance between the two fixation ends (33 & 36) of the first part (31) and the second part (32) of the attachment member (30) when being locked to each other (See Figure 6).
However, Andersen does not explicitly disclose not exceeding 8 centimeters.
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to make the attachment member (30) of Andersen not exceed 8 centimeters when being locked to each other, 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.
Regarding claim 15, Andersen discloses wherein a distance between the two fixation ends (33 & 36) of the first part (31) and the second part (33) of the attachment member (30) when being locked to each other (See Figure 6).
However, Andersen does not explicitly disclose not exceeding 8 centimeters.
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to make the attachment member (30) of Andersen not exceed 8 centimeters when being locked to each other, 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.
Regarding claim 16, Andersen discloses wherein the carrying device (4) further comprises the lower fixation strap (52 & 50) (See Column 5, lines 54 – 56) (See Figures 1 & 11) connected the one or more storage pouches (i.e. Storage Pouch Portion of (4) in Figure 1), the at least one shoulder strap (5) or the frame (i.e. Rear Side Panel Portion of (4) in Figures 1, 11 & 13) in a position proximal to the user’s lower back or hip, thereby allowing securing of the lower end (2A), when carried, of the firearm (2) (See Figure 1).
Regarding claim 17, Andersen discloses wherein the string (40) is the wire (42) (See Column 5, lines 1 – 3).
Claim(s) 5, 8 & 13 are rejected under 35 U.S.C. 103 as being unpatentable over (U.S. Patent Number 9,074,840 B2) to Andersen and (U.S. Patent Publication Number 2006 / 0163304 A1) to Slesar as applied to claim 3 above, and further in view of (U.S. Patent Number 5,934,533) to Callanan.
Regarding claim 5, Andersen as modified by above lacks and does not explicitly disclose the hook-and-loop fastener.
Callanan teaches wherein the release activation means holder (42 & 46) comprises the hook-and-loop fastener (50) (See Figures 4B & 4C).
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to make wherein the release activation means holder comprises the hook-and-loop fastener as taught by Callanan with the carrying device of Andersen because the motivation only requires a simple substitution of one known equivalent release activation means holder configuration for another to obtain predictable results.
Regarding claim 8, Andersen discloses wherein the release activation means (40) is configured to cause the string (42 & 43) to trail along of the shoulder strap (5) towards the neck or chest area of the intended user (See Figures 1 & 12).
Furthermore, Andersen as modified by Slesar discloses wherein the release activation means holder (26) is configured to cause the string (44) to trail along of the shoulder towards the neck or chest area of the intended user.
Regarding claim 13, Andersen discloses wherein a distance between the two fixation ends (33 & 36) of the first part (31) and the second part (32) of the attachment member (30) when being locked to each other (See Figure 6).
However, Andersen does not explicitly disclose not exceeding 8 centimeters.
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to make the attachment member (30) of Andersen not exceed 8 centimeters when being locked to each other, 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 18 – 20 are allowed.
Response to Arguments
Applicant's arguments filed January 20, 2026 have been fully considered but they are not persuasive.
Applicant argues, independent Claims 1 and 18 have been amended to clarify that the long narrow object is a firearm. Furthermore, independent Claims 1 and 18 have been amended to clarify that the attachment of the fixation end of the second part of the attachment member is directly to the firearm at a single point of attachment. Finally, independent Claims 1 & 18 are further amended to make it clearer that the first and second parts of the attachment members are fully releasably from each other.
Examiner disagrees, in response to applicant's argument that the long narrow object is a firearm, a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
Claim 1, lines 7 & 8 recites: “an attachment member intended for attachment of a long narrow object, said long narrow object being a firearm;…”.
Based on the intended use language “for” as recited in Claim 1, lines 7 & 8, the long narrow object is NOT positively claimed. Since the long narrow object is NOT positively claimed, the long narrow object being a firearm is also NOT positively claimed.
Claim 1 positively claims a carrying device comprising: one or more storage pouches; at least on shoulder strap and an attachment member.
Andersen ‘840 discloses the carrying device (4) comprising;
- one or more storage pouches (i.e. Storage Pouch Portion of (1 & 4) in Figure 1);
- at least one shoulder strap (5) connected to the one or more storage pouch (i.e. Storage Pouch Portion of (4 & 1) in Figure 1), optionally via the frame (i.e. Rear Side Panel Portion of (4) in Figures 1, 11 & 13); the at least one shoulder strap (5) is configured to allow the one or more storage pouches (i.e. Storage Pouch Portion of (4 & 1) in Figure 1) to be carried on an intended user’s back (See Figure 1); and
- an attachment member (31 & 32).
Therefore, Anderson ‘840 meets and satisfies the structural limitations as set forth in Claim 1 and the rejection is maintained.
Applicant argues, the combination substituting Slesar’s ‘304 rifle strap into Andersen’s ‘840 closing-layer assembly are mechanically incompatible and requires significant reconstruction of the prior art. Such reconstructions: alter the principle of operation of both devices, disable their intended functions, and rely on Applicant’s disclosure to guide modifications NOT otherwise suggested constitutes hindsight reasoning, which is improper when assessing obviousness.
In response to applicant's argument that the examiner's conclusion of obviousness is based upon improper hindsight reasoning, it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant's disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
THIS ACTION IS MADE FINAL. 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 LESTER L VANTERPOOL whose telephone number is (571)272-8028. The examiner can normally be reached 8:30-5:00.
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/L.L.V/Examiner, Art Unit 3734
/NATHAN J NEWHOUSE/Supervisory Patent Examiner, Art Unit 3734