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 § 112
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 3 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.
Claim 3 currently claims “a warp mesh material” in addition to (“further comprises”) the materials and layers set forth in claim 1, which includes the 3D spacer fabric including two surface layers and a spacer layer. Via the disclosure it appears the “warp mesh material” is layer 110C, which is one of the two surface layers of the 3D spacer fabric. If this is the correct understanding, claim 3 should be amended to clarify that the warp mesh material is one of the two surface layers already set forth in claim one. If the warp mesh material in claim 3 is not one of the surface layers already set forth in claim 1, examiner asks for clarification on what this additional warp mesh material is in relation to the 3D spacer fabric layers.
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) 1-7 and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Davis et al. (US 5,904,710)
Davis et al. disclose:
1. A waist padding assembly (10, figure 3) comprising:
a center portion (portion extending from 54 to 16, see annotated figure 3 below) comprising a porous ethylene-vinyl acetate (EVA) material (70, figure 4, col. 18, lines 38-49), and a 3D spacer fabric (92 to the right of 54, figure 4), the center portion configured to contact a back of a user (@ 62, figure 4); and
two side portions (see below) comprising polyurethane foam (36 to the left of 54, col.8, line 64- col. 9, line 5), the two side portions respectively connected to opposing sides of the center portion (when wrapped around a user) and configured to contact respective flanks of the user (see below),
wherein the 3D spacer fabric (92) includes two surface layers (37, 38, figure 5) and a spacer layer (36, figure 5, inserted below) disposed between the two surface layers (figure 5), the spacer layer (36, figure 5) including vertical filler strands (26, figure 5) configured to define a thickness of the 3D spacer fabric (92, figure 4).
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2. The waist padding assembly of claim 1, wherein the center portion comprises a first side (@62, figure 4) and a second side (@ 64, figure 4) wherein the first side (@62) is configured to contact the back of the user.
3. The waist padding assembly of claim 2, wherein the center portion further comprises: a warp mesh material (36 of 93, figure 4), wherein the warp mesh material is disposed along the second side (64) of the center portion and is configured to cover a portion of the porous EVA material of the center portion (@ 60 of 93, figure 4).
4. The waist padding assembly of claim 2, wherein the 3D spacer fabric (92) is disposed along the first side of the center portion (figure 4) such that the 3D spacer fabric (92) is configured to contact the back of the user (92 includes 62 which contacts the user’s back), and the 3D spacer fabric is configured to cover a second portion of the porous EVA material of the center portion (@ 60 of 92, figure 4).
5. The waist padding assembly of claim 4, wherein the 3D spacer fabric (92) is disposed opposite a warp mesh material (36 of 93) relative to the porous EVA material (70), wherein the 3D spacer fabric (92) and warp mesh material (36 of 93) are at least in part parallel to each other (figure 4).
6. The waist padding assembly of claim 1, wherein the porous EVA material (70) of the center portion further comprises: a plurality of holes (gaps/channels between protrusions 76), and, wherein the plurality of holes are aligned with each other (figure 4) and configured to be oriented towards a back of a user (figure 4), such that the plurality of holes are configured to assist in the breathability of the center portion (in that they space out the heat cells).
7. The waist padding assembly of claim 6, wherein the plurality of holes are configured to be perpendicular to a length of the center portion (figure 4).
20. A method of manufacturing a waist padding assembly, the waist padding assembly (10, figure 3) comprising a center portion (see below) comprising a porous ethylene-vinyl acetate (EVA) material (70, figure 4, col. 18, lines 38-49), the center portion configured to contact a back of a user (@ 62); and two side portions (see below) comprising polyurethane foam (36 to the left of 54, col.8, line 64- col. 9, line 5), the two side portions respectively connected to opposing sides of the center portion (when worn/wrapped around a user) and configured to contact respective flanks of the user (see below), the method comprising:
attaching the two side portions to either of the opposing sides of the center portion (in assembly of layers during manufacturing and in connecting 14 to 16 when attaching to a user),
wherein the center portion includes a 3D spacer fabric (92, figure 3), the 3D spacer fabric (92) includes two surface layers (37, 38, figure 5) and a spacer layer (36, figure 5) disposed between the two surface layers (figure 5), the spacer layer (36, figure 5) including vertical filler strands (26, figure 5) configured to define a thickness of the 3D spacer fabric (92, figure 4).
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Claim(s) 9-11, 14-16 and 18-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Andrade et al. (US pub 2022/0040510).
Andrade et al. disclose:
9. A harness assembly (figure 7A) comprising:
waist padding assembly (100, figure 1, see below) comprising:
a center portion (center row of layers from front/center layer 101 back to rear/center layer 109) comprising a porous ethylene-vinyl acetate (EVA) material (102, EVA, [0037]), the center portion configured to contact a back of a user (@ layer 101); and
two side portions (left and right 104s) comprising polyurethane foam (memory foam, [0037]), the two side portions respectively connected to opposing sides of the center portion (figure 1) and configured to contact respective flanks of the user;
a backplate (110, figure 2A) connected to the waist padding assembly at or proximate the center portion (figure 2A), the backplate (110) including one or more retainers (raised edges 204 on 110 that form receiving channel 201, [0039]);
a belt (215, figure 2B), wherein the belt is configured to be disposed along a length of the waist padding assembly (figure 2B); and
at least one strap (belt strap 230) configured to secure the waist padding assembly to the user,
wherein the belt (215) is received through the one or more retaininers of the backplate (figure 2B, [0039]).
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10. The harness assembly of claim 9, wherein the center portion comprises a first side (@101) and a second side (@109), wherein the first side (@101) is configured to contact the back of the user (figure 9A).
11. The harness assembly of claim 10, wherein the center portion further comprises: a warp mesh material (109, figure 1, see above), wherein the warp mesh material (109) is disposed along the second side of the center portion (see above) and is configured to cover a portion (105) of the porous EVA material of the center portion (note that [0038] discloses that the elements of 100, which includes 105, can be made of EVA).
14. The harness assembly of claim 9, wherein the porous EVA material of the center portion further comprises: a plurality of holes (cutouts in 102 and apertures 170 in 105), wherein the plurality of holes are aligned with each other (center cutouts on 102 align with apertures 170 in 105) and configured to be oriented towards a back of a user (an axis passing through the cutouts and apertures would be directed toward the back of a user wearing the assembly), such that the plurality of holes are configured to assist in the breathability of the center portion (assembly is designed “to allow air to circulate”; [0036], 0037]).
15. The harness assembly of claim 14, wherein the plurality of holes are configured to be perpendicular to a length of the center portion (figure 1).
16. The harness assembly of claim 9, further comprises: one or more edge covers (unnumbered edge trim of waist belt assembly best seen in figures 7A-7D), circumferentially disposed around an edge of the center portion and the two side portions (figures 7A-7D).
18. The harness assembly of claim 9, wherein the belt (215) further comprises: at least two attachment rings, (220, 221, figure 2B) wherein the at least two attachment rings (220, 221) are disposed on opposite ends of the belt adjacent to the respective two side portions (104, 104) of the waist padding assembly (figure 2B).
19. The harness assembly of claim 9, wherein the one or more retainers (raised edges 204 on 110 that form receiving channel 201, [0039]) are configured to define a passage ([0039]), and wherein the belt is configured to pass through the passage ([0039], figure 2B).
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.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Davis et al. as applied to claim 1 above, and further in view of Andrade et al. (US pub 2022/0040510). Davis et al do not disclose one or more edge covers circumferentially disposed around an edge of the center portion and the two side portions.
However, Andrade et al. teach:
8. The waist padding assembly of claim 1, further comprises: one or more edge covers (unnumbered edge trim of waist belt assembly best seen in figures 7A-7D), circumferentially disposed around an edge of the center portion and the two side portions (figures 7A-7D).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the waist padding assembly of Davis et al. with edge covers as taught by Andrade et al, so as to provide a clean and finished look, while also preventing edges of the fabric layers from becoming worn or frayed during use.
Claim(s) 12-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Andrade et al. as applied to claim 1 above, and further in view of Davis et al. (US 5,904710). Andrade et al. do not disclose wherein the center portion further comprises: a 3D spacer fabric, wherein the 3D spacer fabric includes two surface layers and a spacer layer disposed between the two surface layers, the spacer layer including vertical filler strands configured to define a thickness of the 3D spacer fabric.
However, Davis et al. teach:
12. wherein the center portion (see annotated figure 3 below) further comprises: a 3D spacer fabric (92, figure 4), wherein the 3D spacer fabric includes two surface layers (37, 38, figure 5) and a spacer layer (36) disposed between the two surface layers (figure 5), the spacer layer including vertical filler strands (26, figure 5) configured to define a thickness of the 3D spacer fabric (figure 4).
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Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the center portion of Andrade et al., with a 3D spacer fabric as taught by Davis et al. so as to provide some elasticity in the harness assembly, for purposes of comfort, and conforming to different body types, while maintaining the breathability of layers.
Re: claim 13, Andrade et al. in view of Davis et al would result in the harness assembly of claim 12, wherein the 3D spacer fabric (92, Davis et al.) is disposed along the first side of the center portion (side that contacts user) such that the 3D spacer fabric is configured to contact the back of the user (@62), and the 3D spacer fabric is configured to cover a second portion of the porous EVA material (70, figure 4) of the center portion (figure 4), wherein the 3D spacer fabric is disposed opposite a warp mesh material (109 of Andrade et al.; 36 of 93 in Davis et al) relative to the porous EVA material, wherein the 3D spacer fabric and warp mesh material are at least in part parallel to each other (Davis figure 4).
Response to Arguments
Applicant’s arguments with respect to independent claims 1 and 20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant's arguments with respect to independent claim 9 have been fully considered but they are not persuasive. Independent claim 9 was amended to include previous claim 17 as well as other limitations. Applicant remarks that limitations of previously presented claim 19 are partially incorporated into amended claim 9. However, examiner notes that while “a retainer” was previously claimed in claim 19, the retainer was not previously claimed as being part of the backplate, as it is now presented in amended claim 9. In light of the amendments to claim 9, a new interpretation of the layers of Andrade et al. has been applied in the prior art rejection above. In the newly applied interpretation of the layers of Andrade et al., the backplate is identified as plate 110 (see above rejection of claim 9). Applicant’s arguments against the prior art are directed to the guide portion 201 of Andrade being positioned on layer 110, and not the unnumbered backplate with dorsal D-ring (previously identified as the backplate). However, in the current rejection, with plate 110 identified as the backplate, the backplate does in fact include one or more retainers (raised edges 204 on 110 that form receiving channel 201, [(0039]). Additionally, in response to applicant’s arguments that belt 230 is not “received through” the guide portion 201, examiner points out that the belt that is identified in the rejection as being received through the guide portion is belt 215, not belt 230 (see rejection above).
For at least these reasons applicant’s remarks are not found persuasive and the claims remain rejected as advanced above.
Conclusion
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to COLLEEN M CHAVCHAVADZE whose telephone number is (571)272-6289. The examiner can normally be reached M-F 8:00AM-4:00PM.
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, Daniel Cahn can be reached at 571-270-5616. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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COLLEEN M. CHAVCHAVADZE
Primary Examiner
Art Unit 3634
/COLLEEN M CHAVCHAVADZE/Primary Examiner, Art Unit 3634
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