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 .
Specification
The amendment filed 12/18/2023 is objected to under 35 U.S.C. 132(a) because it introduces new matter into the disclosure. 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention. The added material which is not supported by the original disclosure is as follows: Some but not all instances are highlighted below by the examiner to the best of their ability:
The original specification does not disclose:
A foam handle insert
Panels, holders, and pockets specific to certain tools
A heavy duty stich around the perimeter and other areas of the device
Various construction instructions have been modified or added
Various measurements, angles, and shapes of components have been modified or added
The substitute drawings contain features not disclosed by the original drawings. An inexhaustive list of these features undisclosed by the original specification: Figure 1, excluded or changed measurements, angles and shapes of components within the figures, Figure 12, Figure 45-58.
Applicant is required to cancel the new matter in the reply to this Office Action.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-3 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed (07/03/2023), had possession of the claimed invention. The originally filed drawings and specification do not disclose a holster and utility knife pockets on a lower right and left of a panel, a panel comprising a holster at the top of the panel and two hammer loops on the bottom; a panel with four handheld tool pockets and a main pocket with a central divider; seams being reinforced using extra material; a foam insert; a perimeter reinforcement band leaving a 1 inch edge exposed at a top; the holster comprising four reinforcement bands; or a main panel being comprised of two pieces of symmetric material.
Claims 1-3 are rejected as failing to define the invention in the manner required by 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
The claim(s) are narrative in form and replete with indefinite language. The structure which goes to make up the device must be clearly and positively specified. The structure must be organized and correlated in such a manner as to present a complete operative device. The claim(s) must be in one sentence form only. Note the format of the claims in the patent(s) cited.
Claims 1-3 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.
Parts A-G of claim 1 contain the limitation “As related to claim 1”. However, parts A-G are contained within claim 1, making it unclear what these sections of the claim are referring to.
Claim 1A recites the limitation "the top of the panel" and “the lower left and right”. There is insufficient antecedent basis for these limitation in the claim.
Regarding claim 1B, the phrase "the same" renders the claim(s) indefinite because the claim(s) include(s) elements not actually disclosed (those encompassed by "the same"), thereby rendering the scope of the claim(s) unascertainable. See MPEP § 2173.05(d).
Claim 1F recites the limitation "the interior main panels". There is insufficient antecedent basis for this limitation in the claim.
Claim 2 recites the limitation "The top panel". There is insufficient antecedent basis for this limitation in the claim.
Claim 2 recites the limitation "the top" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 2 recites the limitation "the center". There is insufficient antecedent basis for this limitation in the claim.
Claim 3 recites the limitation "The holster". There is insufficient antecedent basis for this limitation in the claim.
In line 3 of 1B it is unclear which holster is being referred to, as several are claimed.
Claim 1 refers to “one of the panels” repeatedly. It is unclear if the same panel is being referenced or different panels. This causes confusion throughout the claim as it is unclear if each panel comprises different elements such as pockets, dividers, and loops, or if one panel comprises all of these elements.
Claim 1B recites the limitation "the bottom" and “the top”. There is insufficient antecedent basis for this limitation in the claim.
Claim 1E refers to extra material however a primary material has not been claimed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: US 2002/0092785.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KRISTEN C HAYES whose telephone number is (571)272-7881. The examiner can normally be reached M-F 8am-6pm.
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, Michener Joshua can be reached at 571.272.1467. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KRISTEN C HAYES/Primary Examiner, Art Unit 3642