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 .
Election/Restrictions
Applicant's election with traverse of Invention I and Species I in the reply filed on 8/21/25 is acknowledged. The traversal is on the ground(s) that Applicant believes searching all of claims 1-20 would not present a search burden, it is noted that no evidence is provided for this assertion, and Applicant has not suggested that the different inventions or different species are not patentably distinct. This is not found persuasive because the different inventions and different species require a different field of search (e.g., searching different classes/subclasses or electronic resources, or employing different search strategies or search queries) and so would present a search burden, for example, claims 9-10 recite storage structures functionally capable of being mounted to a support structure while claim 19 requires mounting the pack to the support structure which structurally requires the support structure and therefore has a different scope, claim 11 requires a secondary strap system while claims 16-20 do not require such a secondary strap system, claims 14-15 and 20 relate to the species in which the securing mechanism is a zipper and require significantly different search terms and queries than the species in which the securing mechanism is a coupling protrusion and there will be prior art relevant to each species which are not relevant to the other species (e.g. zipper fasteners are relevant to species I but not species II or III).
The requirement is still deemed proper and is therefore made FINAL.
Claims 16-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 8/21/25.
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.
Claims 1-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent #5,544,792 to Arnwine (Arnwine). Arnwine discloses:
With Respect to Claim 1
A modular carrying system comprising: one or more packs (14, 50), wherein each pack of the one or more packs is configured to selectively retain one or more objects; and one or more chassis (12), wherein each chassis of the one or more chassis is configured to be selectively donned by a user (via shoulder straps 30); wherein each pack of the one or more packs is configured to be selectively and releasably secured to each chassis of the one or more chassis by way of a mounting system (26a/b on 12 and mating zippers on each 14 and 50).
With Respect to Claim 2
The modular carrying system of claim 1, wherein each chassis of the one or more chassis comprises a strap system (30) configured to facilitate the user donning each chassis.
With Respect to Claim 3
The modular carrying system of claim 1, wherein each pack of the one or more packs further comprises one or more handles (34) configured to facilitate user-removal of each pack of the one or more packs from each chassis of the one or more chassis (capable of this use, e.g. a user can grab the handle while separating to facilitate safe removal).
With Respect to Claim 4
The modular carrying system of claim 3, wherein the mounting system comprises a first member and a second member, and wherein the first member is configured to engage with the second member to selectively couple each pack of the one or more packs to each chassis of the one or more chassis.
With Respect to Claim 5
The modular carrying system of claim 4, wherein each pack of the one or more packs comprises the first member of the mounting system, and each chassis of the one or more chassis comprises the second member of the mounting system.
With Respect to Claim 6
The modular carrying system of claim 5, wherein the first member and the second member of the mounting system collectively define a releasable securing mechanism configured to restrict removal of a respective pack of the one or more packs from a respective chassis of the one or more chassis (i.e. removal is prevented until the zippers are separated).
With Respect to Claim 7
The modular carrying system of claim 1, wherein the one or more packs comprises at least a first pack (14 or 50) having a first configuration and a second pack (the other of 14 or 50) having a second configuration, such that the first pack of the one or more packs is different from the second pack of the one or more packs (see, e.g. FIGS. 1 and 6-7).
With Respect to Claim 8
The modular carrying system of claim 7, wherein each chassis of the one or more chassis is configured to selectively couple with each pack of the one or more packs, such that each chassis of the one or more chassis is configured to selectively couple with at least both the first pack and the second pack individually (see, e.g. FIGS. 2 and 6).
With Respect to Claim 9
The modular carrying system of claim 1, further comprising one or more storage structures (noting disclosed hook in locker, disclosed but not shown with respect to FIG. 4), wherein each storage structure of the one or more storage structures is configured to be operatively mounted to a support structure of a surrounding environment (i.e. it is mounted to the locker which is a support structure of a surrounding environment).
With Respect to Claim 10
The modular carrying system of claim 9, wherein each pack of the one or more packs is further configured to be selectively coupled to and decoupled from the one or more storage structures to permit selective mounting and storage of the one or more packs on the support structure.
With Respect to Claim 11
The modular carrying system of claim 1, wherein each pack of the one or more packs further comprises a secondary strap system (32) configured to permit and facilitate the user donning each pack of the one or more packs without use of a chassis of the one or more chassis.
With Respect to Claim 12
The modular carrying system of claim 1, wherein each chassis of the one or more chassis further comprises one or more storage features (pocket 40, 36, or internal cavity of bag such as the cavity closed by zipper 52 of 50) configured to permit each chassis to selectively retain the one or more objects without being coupled to the one or more packs.
With Respect to Claim 13
The modular carrying system of claim 2, wherein each chassis of the one or more chassis further comprises a luggage handle (34) configured to facilitate transportation of each chassis of the one or more chassis without use of the strap system.
Claims 1 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent #10,694,834 to Logan (Logan). Logan discloses:
With Respect to Claim 1
A modular carrying system comprising: one or more packs (either or both of 200 and/or 300), wherein each pack of the one or more packs is configured to selectively retain one or more objects; and one or more chassis (100), wherein each chassis of the one or more chassis is configured to be selectively donned by a user (via 110); wherein each pack of the one or more packs is configured to be selectively and releasably secured to each chassis of the one or more chassis by way of a mounting system (410, 420, 460, 470).
With Respect to Claim 2
The modular carrying system of claim 1, wherein each chassis of the one or more chassis comprises a strap system (110) configured to facilitate the user donning each chassis.
With Respect to Claim 3
The modular carrying system of claim 1, wherein each pack (300) of the one or more packs further comprises one or more handles (315) configured to facilitate user-removal of each pack of the one or more packs from each chassis of the one or more chassis.
Alternately, the FIG. 22 embodiment discloses hooks 910 and/or straps 920 which also constitute a handle as claimed, and that embodiment of 300 can also be taken to be one of the one or more packs.
With Respect to Claim 4
The modular carrying system of claim 3, wherein the mounting system comprises a first member and a second member, and wherein the first member is configured to engage with the second member to selectively couple each pack of the one or more packs to each chassis of the one or more chassis.
With Respect to Claim 5
The modular carrying system of claim 4, wherein each pack of the one or more packs comprises the first member of the mounting system, and each chassis of the one or more chassis comprises the second member of the mounting system.
With Respect to Claim 6
The modular carrying system of claim 5, wherein the first member and the second member of the mounting system collectively define a releasable securing mechanism configured to restrict removal of a respective pack of the one or more packs from a respective chassis of the one or more chassis.
With Respect to Claim 7
The modular carrying system of claim 1, wherein the one or more packs comprises at least a first pack (200 or 300) having a first configuration and a second pack (the other of 200 or 300 having a second configuration, such that the first pack of the one or more packs is different from the second pack of the one or more packs.
With Respect to Claim 8
The modular carrying system of claim 7, wherein each chassis of the one or more chassis is configured to selectively couple with each pack of the one or more packs, such that each chassis of the one or more chassis is configured to selectively couple with at least both the first pack and the second pack individually (FIGS. 7A and 7B).
With Respect to Claim 9
The modular carrying system of claim 1, further comprising one or more storage structures (seat, see e.g. FIG. 25), wherein each storage structure of the one or more storage structures is configured to be operatively mounted to a support structure of a surrounding environment (capable of this use, noting e.g. disclosure of an airplane seat which will be operatively mounted to an airplane).
With Respect to Claim 11
The modular carrying system of claim 9, wherein each pack (300, FIGS. 24A-25) of the one or more packs is further configured to be selectively coupled to and decoupled from the one or more storage structures to permit selective mounting and storage of the one or more packs on the support structure (FIG. 26 and description).
With Respect to Claim 11
The modular carrying system of claim 1, wherein each pack (300) of the one or more packs further comprises a secondary strap system (920 and/or 912 and 910, FIG. 24A) configured to permit and facilitate the user donning each pack of the one or more packs without use of a chassis of the one or more chassis (capable of this use with appropriate attachment structures worn by the user).
With Respect to Claim 12
The modular carrying system of claim 1, wherein each chassis of the one or more chassis further comprises one or more storage features (first storage region 120 accessed via zipper 122) configured to permit each chassis to selectively retain the one or more objects without being coupled to the one or more packs.
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.
Claims 14-15 are rejected under 35 U.S.C. 102(a)(1) as anticipated by Logan or, in the alternative, under 35 U.S.C. 103 as obvious over Logan in view of U.S. Patent #8,123,581 to Aschauer (Aschauer) or U.S. Patent #7,942,296 to Johnson (Johnson).
With Respect to Claim
Logan discloses the modular carrying system of claim 6, wherein the releasable securing mechanism comprises a circumferential zipper assembly arranged around adjacent edges of each pack of the one or more pack and adjacent edges of each chassis of the one or more chassis to which each pack of the one or more packs is selectively and releasably secured (noting it is circumferential as it extends around most of the circumference and is arranged around 3 adjacent edges).
Alternately, although Examiner maintains that the broadest reasonable interpretation of the claim language clearly does not require that the zipper assembly extend around all edges, Aschauer or Johnson disclose similar zipper assemblies used to attach a pack to a backpack style chassis, and so it would have been obvious to one of ordinary skill in the art before the filing date of this application, given the disclosure of Aschauer or Johnson, to add a zipper attachment to the bottom of the chassis and packs of Logan, in order to provide a stronger securement and/or as doing so constitutes at most a mere duplication of parts which does not patentably distinguish over the prior art (MPEP 2144.04).
With Respect to Claim 15
The modular carrying system of claim 14, wherein the circumferential zipper assembly comprises a first zipper portion coupled around a perimeter of each pack (it is coupled around 3 sides of the perimeter which is sufficient to meet this claim language, or alternately the entire perimeter per Aschauer or Johnson) of the one or more packs, a second zipper portion coupled around a perimeter of each chassis of the one or more chassis (it is coupled around 3 sides of the perimeter which is sufficient to meet this claim language, or alternately the entire perimeter per Aschauer or Johnson), and a zipper slider configured to selectively engage the first zipper portion with the second zipper portion to selectively and releasably secure each pack to each chassis.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ADAM J WAGGENSPACK whose telephone number is (571)270-7418. The examiner can normally be reached M-F 8:30-4:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathan Newhouse can be reached at (571)272-4544. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ADAM J WAGGENSPACK/Primary Examiner, Art Unit 3734