DETAILED ACTION
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 2/13/2026 has been entered.
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.
Claim 4 should read “toward the body stabilizer weight” to properly refer to this element.
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) 1-8 and 10-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Published Application 2006/0289575 to Chou in view of US Published Application 2006/0213944 to Dieter.
Regarding claim 1, Chou discloses a body stabilizer apparatus (Figs. 3-4 – the apparatus is capable of satisfying this intended use), comprising: a body stabilizer weight (42 plus contents of 42) imparting a counterbalance force atop a first shoulder (Figs. 3-4), the counterbalance force configured to offset a shooting sequence (the counterbalance force is capable of this intended use); a shoulder strap (40) directly attached to the body stabilizer weight, the shoulder strap configured to be positioned over the first shoulder and the body stabilizer weight (Fig. 3); the first shoulder being opposite a second shoulder from which an arm is extendable to hold an object (the bag and strap is capable of being used in this manner). To the extent the contents of the bag are in doubt, Dieter discloses using a bag to carry binoculars, knives, ammunition, scents and tools (para. 0003). It would have been obvious to one of ordinary skill to have used Chou’s bag to carry these items because it would allow for carrying the items in a hands-free manner. The weight of these items would fall within the preferred range of 2-60 pounds provided by Applicant (see Applicant’s specification, para. 0052).
Regarding claim 2, the combination from claim 1 discloses wherein the body stabilizer weight comprises a predetermined weight (the weight is predetermined when the items are selected to carry in the bag) to apply the counterbalance force in a downward direction on the first shoulder to counteract a moment arm created by the second arm being extended when using the apparatus (the interaction with the shoulder and counteraction of the moment arm is an intended use – the weight in the bag is capable of being used in this manner; the weight of the items in the bag would fall within the preferred range of 2-60 pounds provided by Applicant (see Applicant’s specification, para. 0052)).
Regarding claim 3, the combination from claim 1 discloses wherein the body stabilizer weight comprises interchangeable weights (Chou/Dieter – the contents of the bag are interchangeable).
Regarding claim 4, the combination from claim 1 discloses wherein the body stabilizer weight is configured to move a body center of mass toward the body stabilizer weight (Chou Fig. 3 – the weight in 42 will move the center of mass toward the side of the body with the stabilizer weight).
Regarding claim 5, the combination from claim 1 discloses wherein the body stabilizer weight is configured to maintain the first shoulder and the second shoulder in substantial alignment with each other (the weight is capable of this intended use; the weight of the items in the bag would fall within the preferred range of 2-60 pounds provided by Applicant (see Applicant’s specification, para. 0052)).
Regarding claim 6, the combination from claim 1 discloses wherein the stabilizer weight is a variable weight (the weight is capable of being varied by removing/adding items).
Regarding claim 7, the combination from claim 1 discloses wherein the body stabilizer weight comprises a refillable weight (contents can be removed and added to the bag to refill it).
Regarding claim 8, the combination from claim 1 discloses an anchor member (34 – Chou) to secure the shoulder strap to the user's torso.
Regarding claim 10, the combination from claim 1 discloses a connecting portion (34 – Chou) secured to the shoulder strap and configured to span an upper back portion at least partially between the first shoulder and the second shoulder.
Regarding claim 11, the combination from claim 1 fails to disclose strap length adjustment. However, Chou discloses another embodiment in which a strap length is adjustable (Fig. 2 – via 32). It would have been obvious to one of ordinary skill to have made the shoulder strap and anchor member with an adjustable length because it would allow for adapting the carrier to a wider variety of sizes and shapes of users.
Regarding claim 12, the combination from claim 1 discloses wherein the body stabilizer weight is configured to hang from a lateral body side (Chou – Fig. 3).
Claim(s) 14-17 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chou in view of Dieter and US Patent 6,290,114 to Berberian.
Regarding claim 14, Chou discloses a body stabilizer apparatus for archery (Figs. 3-4 – the configuration is capable of this intended use), comprising a body stabilizer weight (42 plus contents of 42) configured to direct a force atop a first shoulder (Fig. 3) to offset a moment arm created by a bow (the weight is capable of this intended use), comprising a quiver (the bag 42 is capable of holding arrows and can be considered a quiver); a tether (40) comprising an attachment portion (portion adjacent 42) attachable to the quiver and a shoulder portion (portion of 40 on user’s shoulder – Chou Fig. 3) positionable over a top surface of the first shoulder; the first shoulder being opposite a second shoulder from which an arm is extendable to hold the bow (the apparatus is capable of use with two shoulders and an extendable arm to hold a bow as claimed). To the extent the contents of the bag are in doubt, Dieter discloses using a bag to carry binoculars, knives, ammunition, scents and tools (para. 0003). It would have been obvious to one of ordinary skill to have used Chou’s bag to carry these items because it would allow for carrying the items in a hands-free manner. The weight of these items would fall within the preferred range of 2-60 pounds provided by Applicant (see Applicant’s specification, para. 0052). To the extent it is in doubt that the bag is capable of operating as a quiver, Berberian discloses a quiver (156) attachable to the side of a bag (Fig. 15). It would have been obvious to one of ordinary skill to have attached a quiver to the bag in Chou because it would allow the user to carry arrows as desired. In the combination, the tether (40) is attached to the quiver through the bag.
Regarding claim 15, the combination from claim 14 discloses wherein the body stabilizer weight comprises an additional weight coupled to the quiver (any of the items within the bag (42 – Chou) can be considered an additional weight (i.e. in addition to the other contents of the bag) coupled to the bag (Chou) and alternatively to the quiver (Berberian). Alternatively, any arrows in the quiver can be considered additional weight.
Regarding claim 16, the combination from claim 14 discloses a connecting portion (34 – Chou) secured to the tether, the connecting portion configured to span an upper back portion at least partially between the first shoulder and the second shoulder (Chou Fig. 4).
Regarding claim 17, the combination from claim 14 discloses wherein the body stabilizer weight moves a body center of mass toward the first lateral body side (Chou Fig. 3 – the weight in 42 will move the center of mass toward that side of the body).
Regarding claim 19, the combination from claim 14 discloses wherein the additional weight comprises binoculars (Dieter para. 0003).
Response to Arguments
Applicant's arguments filed 2/13/2026 have been fully considered but they are not persuasive.
As to applicant’s argument that Chou does not create a counterbalance force (pages 8-9), the bag and contents in Chou create a downward/offset force on the first shoulder of the user, which is a counterbalance force (Figs. 3-4).
As to applicant’s argument that the force in Chou is not configured to offset a shooting sequence or moment arm created by a bow (page 9), these are intended uses of the counterbalance/offset force. Chou’s force is capable of being used in this manner.
Conclusion
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
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