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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 4/30/2026 has been entered.
Response to Amendment
The amendment filed 4/30/2026 has been entered. Applicant’s amendments to the claims have overcome each and every 35 U.S.C. 112 rejection previously set forth in the Final Office Action mailed 2/3/2026.
No claims have been cancelled.
Claims 1-20 are currently pending and considered below.
Claim Objections
Claims 4 and 14 are objected to because of the following informalities:
Claim 4, line 1, “wherein the each” should read ---wherein each---
Claim 14, line 1, “wherein the each” should read ---wherein each---
Appropriate correction is required.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-2, 4-12, and 14-20 are rejected under 35 U.S.C. 103 as being unpatentable over Park et al. (US 11826600) and further in view of Henniger et al. (US 12420133).
Regarding independent claim 1, Park et al. discloses a ruck plate (exercise weight bag 100, see plate shape in Figs. 3-4) comprising:
a front surface (front panel 102) having a first side edge (right side panel 106), a second side edge (left side panel 106), a top edge (edge formed by closure flap 114) and a bottom edge (top panel 108; see annotated Figs. 3-4);
a back surface (rear panel 104) located opposite of the front surface (Fig. 4), the back surface separated from the front surface by a depth of the first side edge (Fig. 4);
an interior formed between the front surface and the back surface (col. 4 lines 40-42, “The exercise weight bag 100 defines a closable interior space between the front panel 102 and the rear panel 104”), the interior adapted to receive fill to increase weight of the ruck plate (col. 4 lines 10-14, “an exercise weight bag 100, which is configured to be filled with a weight material, such as a granular material (e.g., sand, gravel, pebbles, rice, animal feed, rubber mulch, metal pellets, wood pellets)”);
an opening (opening of filler funnel arrangement 110 sealed by closure seal 112) adapted to provide access to the interior and through which fill is provided to the interior (col. 4 line 55-59, “The filler funnel arrangement 110 includes an open end defined by terminal ends of the front panel 102 and the rear panel 104 through which weight material or filler material can be introduced into the interior space of the exercise weight bag 100”); and
a funnel device (filler funnel arrangement 110) adjacent to the top edge.
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Park et al. does not teach the funnel device being extractable from the interior through the opening.
Henniger et al., in the same field of endeavor with regards to fillable weight devices, teaches a weight bag (10) comprising a funnel device (funnel structure 27) that is extractable from an interior (cavity 21) of the weight bag through an opening (24) adapted to provide access to the interior.
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It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to substitute the funnel device of Park et al. with the funnel device of Henniger et al. as a matter of simple substitution of one known funnel device with another for a fillable weight device for the purpose of allowing a user to easily access the interior of the ruck plate/weight bag and to prevent the fill from exiting the interior (Henniger et al. col. 16 lines 8-14, “The resultant configuration of the filling mechanism 25 is sealed against ingress and egress of material in multiple ways, including by the shell closure member 26, the filling mechanism closure 170, and the folding or rolling of the filling mechanism 25 (secured by the securing structure 176), which creates a tortuous path for the filling material 16 to escape.”).
Regarding claim 2, Park et al. as modified further teaches wherein the interior has a plurality of chambers formed by dividers (baffles 120; col. 5 lines 24-26, “the baffle 120 is vertically oriented and is located on a centerline of the exercise weight bag 100 to bisect the interior space into two equal sides or halves”) located in the interior (col. 5 lines 29-30, “Although only a single baffle 120 is illustrated, multiple baffles 120 could be provided if desired”).
Regarding claim 4, Park et al. as modified further teaches wherein each of the plurality of chambers is connected to each other of the plurality of chambers (see Fig. 12, upper and lower spaces between baffle 120 and top and lower edges connect the chambers).
Regarding claim 5, Park et al. as modified further teaches wherein the interior is adapted to receive fill with a plurality of fill sizes (see examples of fill types in col. 4 lines 10-14).
Regarding claim 6, Park et al. as modified further teaches wherein the funnel device (funnel structure 27 as modified by Henniger et al.) is operably connected to the top edge (edge formed by closure flap 114).
Regarding claim 7, Park et al. as modified further teaches wherein the funnel device is adapted to be stored within the interior when not used for filling the interior (as modified by Henniger et al., see rejection to claim 1 above).
Regarding claim 8, Park et al. as modified further teaches wherein the funnel device is collapsible (as modified by Henniger et al., see rejection to claim 1 above, see Henniger et al. Figs. 5-8).
Regarding claim 9, Park et al. as modified further teaches wherein the interior is adapted to disperse the fill throughout the interior to distribute weight within the ruck plate (see Fig. 12, fill material will disperse and move throughout the interior of the weight bag 100).
Regarding claim 10, Park et al. as modified further teaches wherein the fill is sand, and the sand is located in the interior of the fillable ruck plate (col. 4 lines 10-14).
Regarding independent claim 11, Park et al. teaches a plate (exercise weight bag 100, see plate shape in Figs. 3-4) for use when rucking (intended use, weight bag 100 is capable of being used for rucking) comprising:
a front surface (front panel 102) having a first side edge (right side panel 106), a second side edge (left side panel 106), a top edge (edge formed by closure flap 114) and a bottom edge (top panel 108; see annotated Figs. 3-4);
a back surface (rear panel 104) located opposite of the front surface (Fig. 4), the back surface separated from the front surface by an interior (col. 4 lines 40-42, “The exercise weight bag 100 defines a closable interior space between the front panel 102 and the rear panel 104”), the interior adapted to receive fill to increase the weight of the plate (col. 4 lines 10-14, “an exercise weight bag 100, which is configured to be filled with a weight material, such as a granular material (e.g., sand, gravel, pebbles, rice, animal feed, rubber mulch, metal pellets, wood pellets)”); and
an opening (opening of filler funnel arrangement 110 sealed by closure seal 112) adapted to provide access to the interior (col. 4 line 55-59, “The filler funnel arrangement 110 includes an open end defined by terminal ends of the front panel 102 and the rear panel 104 through which weight material or filler material can be introduced into the interior space of the exercise weight bag 100”), the opening located in the top edge (edge formed by closure flap 114) and adapted to be closed with a closing mechanism (closure seal 112; col. 4 lines 66-67, “the seal closure 112 can close the filler funnel arrangement 110”); and
a funnel device (filler funnel arrangement 110) adjacent to the top edge.
Park et al. does not teach wherein the first side edge, the second side edge, the top edge and the bottom edge form a rectangular shape.
However, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the shape formed by the first side edge, the second side edge, the top edge and the bottom edge to be rectangular as a matter of obvious design choice for the purpose of selecting whatever shape was desired or expedient to form a suitable fillable weight. 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 or criticality. See MPEP 2144.04(IV)(B).
Park et al. further does not teach the funnel device being extractable from the interior through the opening.
Henniger et al., in the same field of endeavor with regards to fillable weight devices, teaches a weight bag (10) comprising a funnel device (funnel structure 27) that is extractable from an interior (cavity 21) of the weight bag through an opening (24) adapted to provide access to the interior.
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to substitute the funnel device of Park et al. with the funnel device of Henniger et al. as a matter of simple substitution of one known funnel device with another for a fillable weight device for the purpose of allowing a user to easily access the interior of the ruck plate/weight bag and to prevent the fill from exiting the interior (Henniger et al. col. 16 lines 8-14, “The resultant configuration of the filling mechanism 25 is sealed against ingress and egress of material in multiple ways, including by the shell closure member 26, the filling mechanism closure 170, and the folding or rolling of the filling mechanism 25 (secured by the securing structure 176), which creates a tortuous path for the filling material 16 to escape.”).
Regarding claim 12, Park et al. as modified further teaches wherein the interior has a plurality of chambers formed by dividers (baffles 120; col. 5 lines 24-26, “the baffle 120 is vertically oriented and is located on a centerline of the exercise weight bag 100 to bisect the interior space into two equal sides or halves”) located in the interior (col. 5 lines 29-30, “Although only a single baffle 120 is illustrated, multiple baffles 120 could be provided if desired”).
Regarding claim 14, Park et al. as modified further teaches wherein each of the plurality of chambers is connected to each other of the plurality of chambers (see Fig. 12, upper and lower spaces between baffle 120 and top and lower edges connect the chambers).
Regarding claim 15, Park et al. as modified further teaches wherein the interior is adapted to receive fill with a plurality of fill sizes (see examples of fill types in col. 4 lines 10-14).
Regarding claim 16, ark et al. as modified further teaches wherein the funnel device (funnel structure 27 as modified by Henniger et al.) is operably connected to the top edge (edge formed by closure flap 114).
Regarding claim 17, Park et al. as modified further teaches wherein the funnel device is adapted to be stored within the interior when not used for filling the interior (as modified by Henniger et al., see rejection to claim 1 above).
Regarding claim 18, Park et al. as modified further teaches wherein the funnel device is collapsible (as modified by Henniger et al., see rejection to claim 1 above, see Henniger et al. Figs. 5-8).
Regarding claim 19, Park et al. as modified further teaches wherein the interior is adapted to disperse the fill throughout the interior to distribute weight within the ruck plate (see Fig. 12, fill material will disperse and move throughout the interior of the weight bag 100).
Regarding claim 20, Park et al. as modified further teaches wherein the fill is sand, and the sand is located in the interior of the fillable ruck plate (col. 4 lines 10-14).
Claims 3 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Park et al. (US 11,826,600) in view of Henniger et al. (US 12420133), and further in view of Bury (US 4,686,781).
Regarding claims 3 and 13, Park et al. does not teach wherein each of the plurality of chambers (formed by baffles 120) is separably fillable.
Bury, in the same field of endeavor with regards to a weighted fillable structure comprising a plurality of chambers, teaches a weighted fillable structure (Fig. 2) comprising an interior (hollowshoe space 1) configured to receive a fill therein (spherical lead 3), wherein the interior has a plurality of chambers formed by dividers located in the interior (spine 6, 7, 8) and wherein each of the plurality of chambers is separably fillable (see Fig. 2).
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It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the plurality of chambers of Park et al. to be separably fillable, as is similarly taught by Bury, through extension of the dividers to the bottom edge of the ruck plate/weight bag, for the purpose of allowing a user to selectively fill different areas of the interior to create a desired dispersal of the fill within the interior.
Response to Arguments
Applicant’s arguments with respect to the prior rejection of the claims in view of Park et al. 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. Specifically, a new grounds of rejection is presented above under Park et al. in view of Henniger et al. in response to applicant’s amendment to the claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATHLEEN FISK whose telephone number is (571)272-1042. The examiner can normally be reached 8AM-4PM M-F (Central).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, LoAn Jimenez can be reached at (571) 272-4966. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KATHLEEN M FISK/Examiner, Art Unit 3784
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