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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “flexible structural component” and the “link components” recited in Claim 1 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claims 1-18 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. The claims use different terminology throughout their text than that used in the Specification and are rendered indefinite by such terminology. Where applicant acts as his or her own lexicographer to specifically define a term of a claim contrary to its ordinary meaning, the written description must clearly redefine the claim term and set forth the uncommon definition so as to put one reasonably skilled in the art on notice that the applicant intended to so redefine that claim term. Some examples (as best understood by the examiner) of this indefinite language are follow. Please note: this is NOT an exhaustive list of the inconsistency and inaccuracy of the claim language with respect to the Specification. The applicant is directed to perform a thorough review of the language in the application to ensure that all of the terms used are correct and consistent throughout.
Claim 1 uses the term “flexible structural component” to recite element 94 which is known in the Specification as a “sewn webbing loop.”
Claim 1 uses the term “link components” to recite element 52 which is known in the Specification as a “metal attachment link.”
Claim 1 describes “a lower bight within which a connecting piece is retained, and at least one upper bight that provides a connection point through which loads can be transferred into the waist band; and d. one or a pair of link components, each being connected to the connecting piece and to at least one of the leg loops” which renders the claims indefinite. There are two “lower bights” defined in the Specification: elements 47 and 96. There are two “connecting pieces” defined in the Specification: elements 44 and 90. However, neither of the lower bights receives a connecting piece. The only connecting piece which is received in a bight is element 90, which is received in an upper bight (element 98, emphasis added).
The extensive inaccuracies and inconsistencies between the claim language and terminology used in the Specification render the claims unsuitable for examination. Corrections are required.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NOAH C. HAWK whose telephone number is (571)272-1480. The examiner can normally be reached M-F 9am to 5:30pm.
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, David Dunn can be reached at 5712726670. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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NOAH C. HAWK
Primary Examiner
Art Unit 3636
/Noah Chandler Hawk/Primary Examiner, Art Unit 3636
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