Notice of Pre-AIA or AIA Status
1. 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
2. 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.
3. Claims 2-7 are rejected under 35 U.S.C. 103 as being unpatentable over Carter (US 3,653,564 A in view of Hemeyer (WO 2021/046012 A1), Wilhite (US 4,911,347 A), and Nakano (JP 2005322699 A).
Regarding claim 2, Carter discloses a lineman’s hot stick carrying strap system comprising: a shoulder strap (16); a first coupling end (see Figure 5); a cup (18) being attached to said shoulder strap at an opposing end of said shoulder strap with respect to said first coupling end wherein said cup is configured to receive an end of the lineman's hot stick for securing the lineman's hot stick to said shoulder strap thereby facilitating the worker to carry the lineman's hot stick on their back.
Carter fails to disclose the shoulder strap having an elongated rounded-end pad comprised of resiliently compressible material being centrally located on said shoulder strap wherein said pad is configured to rest against a worker's chest when said shoulder strap is worn over the worker's shoulder, wherein said shoulder strap includes a first strap being coupled to and extending away from a first end of said pad; wherein said shoulder strap includes a second strap being coupled to and extending away from a second end of said pad; and wherein and said shoulder strap has an adjustment buckle being slidably integrated into said second strap for adjusting a length of said second strap
Carter also fails to disclose the first coupling end comprising a coupling strap being attached to said shoulder strap wherein said coupling strap is configured to be wrapped around a lineman's hot stick, said coupling strap being matable to itself to form a closed loop wherein said coupling strap is configured to be secured around the lineman's hot stick.
Regarding the pad, Hemeyer teaches that it was already know in the art for a sling like that of Carter to include a first strap (16) being coupled to and extending away from a first end of a pad (20); said shoulder strap includes a second strap (18) being coupled to and extending away from a second end of said pad; said pad is elongated between said first end and said second end (see Figures); each of said first end and said second end is rounded (see Figures); said pad is comprised of a resiliently compressible material (see “foam” in [0021]) wherein said pad is configured to enhance comfort for the user (inherently); and said shoulder strap has an adjustment buckle (22) being slidably integrated into said second strap for adjusting a length of said second strap in order to cushion and alleviate the pressure of the strap on the wearer (see [0004]). It would have been obvious to one having ordinary skill in the art at the time Applicant’s invention was effectively filed to have replaced the strap (16) of Carter with a strap including a pad as claimed between two straps as claimed like those of Hemeyer, the motivation being to make the sling more comfortable for the user, as taught by Hemeyer.
Regarding the coupling strap, Wilhite teaches that it was already known in the art for a sling like that of Carter to include a coupling end comprising a coupling strap (10) being attached to a shoulder strap (via 21/30/31) wherein said coupling strap is configured to be wrapped around an object, said coupling strap being matable to itself (via 24/25) to form a closed loop wherein said coupling strap is configured to be secured around the object. It would have been obvious to one having ordinary skill in the art at the time Applicant’s invention was effectively filed to have replaced the coupling end design of Carter with a coupling strap like that of Wilhite as a simple substitution of one know sling end coupling design for another.
Regarding the strap system being used in combination with a lineman’s hot stick, Nakano teaches that a lineman’s hot stick (5) was a known elongated object and that it’s helpful to anchor an end of the hot stick within a cup portion (21) of a body harness (33/52 - see Figures 11 and 12) in order to help support its weight during use (see “Advantageous-Effects” section). A person of ordinary skill in the art at the time Applicant’s invention was effectively filed would have realized through their own available knowledge and reasoning that the modified Carter strap system is suited to carry any number of elongated objects beyond just a firearm with a reasonable expectation of success. As such, it would have been obvious to one having ordinary skill in the art at the time Applicant’s invention was effectively filed to have at least tried to use the modified Carter strap system to carry any other known elongated object, in this case a hot stick like that of Nakano. This is nothing more than a combination of known prior art elements by known methods with no change in their respective functions where the combination yields nothing more than predictable results. See MPEP 2143(I)(A). Furthermore, one of ordinary skill in the art would have been motivated to at least try to secure a hot stick within the cup of the modified Carter strap system in order to help support the weight of the hot stick during use based on the teachings of Nakano.
Regarding claim 3, Carter as modified above would include the system according to claim 2, wherein: said pad has a thumb hole (as taught by Hemeyer, see 26) extending through a front surface and a back surface of said pad wherein said thumb hole is configured to accommodate the worker's thumb when said shoulder strap is worn over the user's shoulder; said thumb hole is positioned closer to said first end of said pad than said second end of said pad; and said thumb hole is aligned with a centerline of said pad (see Figures of Hemeyer).
Regarding claim 4, Carter as modified above would include the system according to claim 2, wherein: said device includes an annular ring (as taught by Wilhite, see 31) being attached to a free end of said first strap; said coupling strap has a first surface which is releasably matable to a second surface of said coupling strap (as taught by Wilhite, see Velcro 24/25); said coupling strap has a receiver (as taught by Wilhite, see 21/22) extending away from said first surface at a point being centrally located on said coupling strap (see Figure 3 of Wilhite, 21/22 being centrally located on the looped strap); and said annular ring extends through said receiver thereby securing said coupling strap to said annular ring (as taught by Wilhite, see Figure 1).
Regarding claim 5, Carter as modified above would include the system according to claim 2, but so far fails to include wherein: said device includes a clasp being attached to a free end of said second strap; said clasp has a gate being biased into a closed position such that said clasp forms a closed loop; said gate is urgeable into an open position such that said clasp defines an open loop; said cup has a receiver extending away from an outer wall of said cup; and said receiver on said outer wall receives said clasp for retaining said cup on said clasp. It would have been obvious to one having ordinary skill in the art at the time Applicant’s invention was effectively filed to have utilized the ring and gated clip connection taught by Wilhite for attaching both the coupling strap and the cup of the modified Carter device as a simple substitution of one known sling securement for another. This would be in place of the strap-in-slot connection (16 in 32) as originally taught by Carter.
Regarding claim 6, Carter as modified above would include the system according to claim 5, but wherein: said cup has an upper end and a lower end (as taught by Carter), said outer wall of said cup extending between said upper end and said lower end (as taught by Carter); said upper end of said cup is open wherein said upper end is configured to insertably receive the end of the lineman's hot stick (as taught by Carter); but so far fails to include wherein said outer wall slopes inwardly between said lower end and said upper end such that said upper end has a diameter being less than a diameter of said lower end. Carter shows the sides being straight with no angle but discloses no criticality to such shape. Applicant has also disclosed no unexpected benefit from the claimed shape. It would have been obvious to one having ordinary skill in the art at the time Applicant’s invention was effectively filed to have varied the aesthetic shape of the Carter cup, including a tapered shape as claimed. A change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. In re Dailey et al., 149 USPQ 47. A Change in aesthetic (ornamental) design generally will not support patentability. In re Seid, 73 USPQ 431.
Regarding claim 7, Carter as modified above would include: a lineman's hot stick carrying strap system comprising: a lineman’s hot stick (as taught by Nakaon); a shoulder strap having a pad being centrally located on said shoulder strap (as taught by Hemeyer) wherein said pad is configured to rest against a worker's chest when said shoulder strap is worn over the worker's shoulder, said shoulder strap including a first strap being coupled to and extending away from a first end of said pad (as taught by Hemeyer), said shoulder strap having a second strap being coupled to and extending away from a second end of said pad (as taught by Hemeyer), said pad being elongated between said first end and said second end (as taught by Hemeyer), each of said first end and said second end being rounded (as taught by Hemeyer), said pad being comprised of a resiliently compressible material wherein said pad is configured to enhance comfort for the user (as taught by Hemeyer), said shoulder strap having an adjustment buckle being slidably integrated into said second strap for adjusting a length of said second strap (as taught by Hemeyer), said pad having a thumb hole extending through a front surface and a back surface of said pad wherein said thumb hole is configured to accommodate the worker's thumb when said shoulder strap is worn over the user's shoulder, said thumb hole being positioned closer to said first end of said pad than said second end of said pad, said thumb hole being aligned with a centerline of said pad (as taught by Hemeyer); an annular ring being attached to a free end of said first strap (as taught by Wilhite); a coupling strap being attached to said shoulder strap, said coupling strap being wrappable around the lineman's hot stick, said coupling strap being matable to itself to form a closed loop wherein said coupling strap is secured around the lineman's hot stick, said coupling strap having a first surface which is releasably matable to a second surface of said coupling strap, said coupling strap having a receiver extending away from said first surface at a point being centrally located on said coupling strap, said annular ring extending through said receiver thereby securing said coupling strap to said annular ring (as taught by Wilhite); a clasp being attached to a free end of said second strap, said clasp having a gate being biased into a closed position such that said clasp forms a closed loop, said gate being urgeable into an open position such that said clasp defines an open loop (as taught by Wilhite); and a cup being attached to said shoulder strap at an opposing end of said shoulder strap with respect to said coupling strap wherein said cup receives an end of the lineman's hot stick for securing the lineman's hot stick to said shoulder strap thereby facilitating the worker to carry the lineman's hot stick on their back, said cup having a lower end and an upper end and an outer wall extending between said upper end and said lower end, said upper end being open wherein said upper end insertably receives the end of the lineman's hot stick (as collectively taught by Carter and Nakano), said outer wall sloping inwardly between said lower end and said upper end such that said upper end has a diameter being less than a diameter of said lower end (as set forth above), said cup having a receiver extending away from said outer wall, said receiver on said outer wall receiving said clasp for retaining said cup on said clasp (as taught by Wilhite).
4. Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Carter (US 3,653,564 A in view of Hemeyer (WO 2021/046012 A1), Wilhite (US 4,911,347 A), and Nakano (JP 2005322699 A) as applied above, further in view of Henry et al. (US 2013/0233902 A1) and Gwynn, Jr. (US 2014/0014696 A1).
Regarding claim 8, Carter as modified above would include the system according to claim 7, but so far fails to further comprise a pouch having a first lateral edge and a second lateral edge each angling away from a top edge and intersecting each other such that said pouch has a triangular shape, each of said first lateral edge and said second lateral edge being coupled to said back surface of said pad, said top edge being free from said back surface to define an entry into said pouch for storing objects. Henry teaches that it was already known in the art to provide pockets on a shoulder strap pad to allow a user to store additional items (see [0021]). Gwynn teaches that it was already known for pockets to be triangular (see pockets 20A and 20B). It would have been obvious to one having ordinary skill in the art at the time Applicant’s invention was effectively filed to have provided a pocket on the shoulder pad of the modified Carter device, the motivation being to allow the user to carry additional items, as taught by Henry, the pocket being any known shape, in this case triangular, as taught by Gwynn, as mere design choice.
5. Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Carter (US 3,653,564 A in view of Hemeyer (WO 2021/046012 A1), Wilhite (US 4,911,347 A), Nakano (JP 2005322699 A), Henry et al. (US 2013/0233902 A1), and Gwynn, Jr. (US 2014/0014696 A1) as applied above, further in view of Bellinson (US 8,225,973 B1).
Regarding claim 9, Carter as modified above would include the device according to claim 8, but so far fails to further comprise a pocket being attached to said back surface of said pad, said pocket being positioned between said pouch and said second end of said pad, said pocket including a flap which is foldable over a top end of said pocket for opening and closing said top end, said flap including a fastener which releasably engages said pocket for releasably retaining said flap in a closed orientation. Gwynn does teach that multiple pockets can be attached to a shoulder pad (see [0021]). Bellinson teaches that a pocket (20) having a flap (21) with fasteners (25/26) was already known in the art. It would have been obvious to one having ordinary skill in the art at the time Applicant’s invention was effectively filed to have provided the modified Carter device with yet another pocket, still as taught by Gwynn, this pocket having a flap with fasteners, as taught by Bellinson, the motivation being to allow a user to carry even more items in a pocket that they won’t accidentally fall out of. Regarding the pocket specifically being located between the pouch and the second end of the pad, it would have been obvious to one having ordinary skill in the art at the time Applicant’s invention was effectively filed to have located the pocket in any suitable and physically possible location on the shoulder pad of the modified Carter device as mere design choice. It has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Response to Arguments
6. Applicant’s arguments filed 10/20/25 have been fully considered but are moot in view of the new grounds of rejection that now use Nakano to teach the combination of a hot stick with a strap system.
Conclusion
7. 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.
8. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUSTIN MATTHEW LARSON whose telephone number is (571)272-8649. The examiner can normally be reached Monday-Friday, 7am-3pm. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathan Newhouse can be reached at (571)272-4544. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JUSTIN M LARSON/Primary Examiner, Art Unit 3734 2/11/26