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 .
Response to Remarks
Applicant's remarks filed 11/5/2025 have been fully considered but they are not persuasive. Applicant’s remarks are more limiting than the claim limitations. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. With respect to Applicant’s remarks directed to the previous rejection, the examiner respectfully disagrees. There was a 35 U.S.C. 102/103 rejection that was previously presented in the 35 U.S.C. 103 section in the Office Action mailed on 07/11/2025, which was presented as in the alternative; applicant has misconstrued the rejection and attributed the reasoning of the 35 U.S.C. 103 rejection as a conversely stated position in Applicant’s response to a 35 U.S.C. 102 section of the Office Action. See Remarks. 11.
With respect to the Applicant’s remarks that the Brown does not teach the claimed features, the examiner respectfully disagrees.
The Examiner notes that Reference [376] explicitly discloses that the outer belt is aligned over the inner belt.
“The outer belt is aligned over the inner belt such that when the outer belt is placed over the inner belt and affixed to the inner belt and user via the hook and loop fastener system 46 and/or the buckle 98, the rigger loop 26 is aligned with the pass-through window 28 such that the rigger loop 26 is readily accessible through the pass-through window 28.” Paragraph [0060]. The structure of Ref. [376] discloses the claimed limitations of alignment of an inner belt and outer belt.
With regards to the magnetic components, Ref. [376] discloses the claimed limitations. Further, Ref. [376] discloses that “[t]he illustrated loop fastener 44 and the hook fastener 94 may be oppositely arranged on the outer belt 24 and the inner belt 22, respectively, or may be provided in an alternating arrangement on each of the inner and outer belts. Various other attachment structures, alone or in combination, may be implemented for temporary attachment of the inner belt 22 and the outer belt 24, including clips, snaps, buckles, slots, magnets, hooks, straps, mechanical fasteners and the like.” (emphasis added). Paragraph [0062].
Further interpretation is set forth below in the action.
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 18 is 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 18 is rejected as unclearly reciting “the inner belt portion further includes a buckle mechanism . . .on a first end,” when claim 9 from which claim 18 depends recites “a first portion of a first buckle.” The relationship between the recitations of a buckle mechanism and a first buckle are unclear and render claim 18 vague and indefinite.
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) 1-6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Brown et al. (U.S. 2022/0071376 A1) [376].
Regarding Claim 1, Reference [376] discloses an inner belt portion (22) having, on a posterior area of the inner belt portion, a first inner belt magnetic component (44 left, which is disclosed as able to be magnets) and a second inner belt magnetic component (44 right) coupled thereto; and an outer belt portion (24) having, on a posterior area of the outer belt portion, a first outer belt magnetic component (94 left) and a second outer belt magnetic component (94 right) coupled thereto, wherein: the first inner belt magnetic component and the second inner belt magnetic component are configured to couple to the first outer belt magnetic component and the second outer belt magnetic component, respectively, to facilitate alignment of the inner belt portion and the outer belt portion, wherein the first outer belt magnetic component and the second outer belt magnetic component have an opposite magnetic polarity than the first inner belt magnetic component and the second inner belt magnetic component, and wherein the first outer belt magnetic component has a first polarity and the first inner belt magnetic component has an opposite polarity, while the second outer belt magnetic component has a second polarity and the second inner belt magnetic component has an opposite polarity.
The Examiner takes the position that magnetic components that are attached to each other are inherently opposite polarities.
Regarding Claim 2, Reference [376] discloses wherein the outer belt portion includes a skeletonized reinforcement band (100, 102) coupled to the outer belt portion that extends beyond a first end of the outer belt portion such that, when the outer belt portion is coupled to the inner belt portion, the skeletonized reinforcement band extends beyond a second end of the outer belt portion to form a contiguous ring.
Regarding Claim 3, Reference [376] discloses wherein the first outer belt magnetic component and the second outer belt magnetic component are spaced at a distance that corresponds to a spacing associated with areas of the skeletonized reinforcement band.
Regarding Claim 4, Reference [376] discloses wherein the inner belt portion includes a stiffening tongue (62) on an anterior area of the inner belt portion.
Regarding Claim 5, base Reference [376] discloses the inner belt portion further includes a buckle mechanism (48) having a first dimension on a first end of the buckle mechanism and a second dimension on a second end of the buckle mechanism, the first end of buckle mechanism and the second end of the buckle mechanism coupled to the stiffening tongue, and the buckle mechanism is configured to expand to expose a portion of the stiffening tongue in response to a movement of a user of the tactical belt.
Regarding Claim 6, Reference [376] discloses a first hook-and-loop fastener (hook and loop) on at least a portion of an outer surface of the inner belt portion; and a second hook-and-loop fastener on at least a portion of an outer surface of the outer belt portion, wherein: the first hook-and-loop fastener is couplable to the second hook-and-loop fastener to connect the inner belt portion to the outer belt portion.
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 8-16, and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Brown et al. (U.S. 2022/0071376 A1) [376].
Regarding Claim 8, Reference [376] discloses an inner belt portion having an inner surface and an outer surface extending between a first end of the inner belt portion and a second end of the inner belt portion, wherein the inner belt portion includes: a first magnetic component disposed between the inner surface and the outer surface of the inner belt portion; and a second magnetic component disposed between the inner surface and the outer surface of the inner belt portion, wherein: the first magnetic component and the second magnetic component are disposed on a posterior location of the inner belt portion; and an outer belt portion having an inner surface and an outer surface extending between a first end of the outer belt portion and a second end of the outer belt portion, wherein the outer belt portion includes, but does not explicitly disclose a third magnetic component disposed between the inner surface and the outer surface of the outer belt portion; and a fourth magnetic component disposed between the inner surface and the outer surface of the outer belt portion, wherein: the third magnetic component and the fourth magnetic component are disposed on a posterior location of the outer belt portion, and wherein: the first magnetic component is couplable to the third magnetic component, and the second magnetic component is couplable to the fourth magnetic component, the first magnetic component has a first polarity and the third magnetic component has a second polarity, and the second magnetic component has the second polarity and the fourth magnetic component has the first polarity.
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to have modified the belt assembly of Reference [376] with magnetic elements located inbetween the belt portions and partially replacing the hook and loop fastener in order to have an easy attachment/detachment system by magnets to meet the limitation of the third magnetic component and the fourth magnetic component are disposed on a posterior location of the outer belt portion, and wherein: the first magnetic component is couplable to the third magnetic component, and the second magnetic component is couplable to the fourth magnetic component.
The Examiner notes that Reference [376] specifically discloses that the outer belt is aligned over the inner belt via the hook and loop fastener system. “The outer belt is aligned over the inner belt such that when the outer belt is placed over the inner belt and affixed to the inner belt and user via the hook and loop fastener system 46 and/or the buckle 98, the rigger loop 26 is aligned with the pass-through window 28 such that the rigger loop 26 is readily accessible through the pass-through window 28.” Paragraph [0060].
Additionally, Reference [376], paragraph [0062] discloses attachment structures of magnets may be used between the inner and outer belt. The Examiner takes the position that opposite polarities are inherent to magnets and that when the magnets are in an attachment structure, the polarities would be opposite in order to attach.
Regarding Claim 9, Reference [376] as modified above discloses wherein the inner belt portion includes: a first portion of a first buckle (48 right) coupled to the first end of the inner belt portion; and a second portion of the first buckle (48 left) coupled to the second end of the inner belt portion, and wherein the outer belt portion includes: a first portion of a second buckle (106) coupled to the first end of the outer belt portion; and a second portion (104) of the second buckle coupled to the second end of the outer belt portion.
Regarding Claim 10, Reference [376] as modified above discloses the first magnetic component is located in a position on the inner belt portion that aligns with a position of the third magnetic component when the inner belt portion and the outer belt portion are coupled together, and the second magnetic component is located in a position on the inner belt portion that aligns with a position of the fourth magnetic component when the inner belt portion and the outer belt portion are coupled together.
Regarding Claim 11, Reference [376] as modified above discloses wherein the first magnetic component, the second magnetic component, the third magnetic component, and the fourth magnetic component provide for the inner belt portion and the outer belt portion to be automatically aligned when the inner belt portion and the outer belt portion are coupled together.
Regarding Claim 12, Reference [376] as modified above discloses wherein the outer belt portion includes a skeletonized reinforcement band coupled to the outer belt portion that extends beyond the first end of the outer belt portion such that, when the outer belt portion is fastened, at least a portion of the skeletonized reinforcement band extends through the second end of the outer belt portion to form a contiguous ring.
Regarding Claim 13, Reference [376] as modified above discloses wherein the skeletonized reinforcement band includes spacing associated with a Modular Lightweight Load-carrying Equipment (MOLLE) (MOLLE interface) webbing.
Regarding Claim 14, Reference [376] as modified above discloses wherein the first magnetic component and the second magnetic component are spaced at a distance that corresponds to a spacing associated with the skeletonized reinforcement band when the inner belt portion is coupled to the outer belt portion.
Regarding Claim 15, Reference [376] as modified above discloses wherein the third magnetic component and the fourth magnetic component are spaced at a distance that corresponds to a spacing associated with the skeletonized reinforcement band.
Regarding Claim 16, Reference [376] as modified above discloses a first hook-and-loop fastener on at least a portion of the outer surface of the inner belt portion; and a second hook-and-loop fastener on at least a portion of the outer surface of the outer belt portion, wherein: the first hook-and-loop fastener is couplable to the second hook-and-loop fastener to connect the inner belt portion to the outer belt portion.
Regarding Claim 18, as best understood, Reference [376] as modified above discloses wherein: the inner belt portion further includes a buckle mechanism (48) having a first dimension on a first end of the buckle mechanism and a second dimension on a second end of the buckle mechanism, and the buckle mechanism is configured to expand in response to a movement of a user of the tactical belt.
Regarding Claim 19, Reference [376] as modified above in the rejection of claim 8 discloses forming an inner belt portion having an inner surface and an outer surface extending between a first end of the inner belt portion and a second end of the inner belt portion; forming a first magnetic component disposed between the inner surface and the outer surface of the inner belt portion on a posterior location of the inner belt portion; forming a second magnetic component disposed between the inner surface and the outer surface of the inner belt portion on the posterior location of the inner belt portion; forming an outer belt portion having an inner surface and an outer surface extending between a first end of the outer belt portion and a second end of the outer belt portion; forming a third magnetic component disposed between the inner surface and the outer surface of the outer belt portion on a posterior location of the outer belt portion; and forming a fourth magnetic component disposed between the inner surface and the outer surface of the outer belt portion on the posterior location of the outer belt portion, wherein the first magnetic component is couplable to the third magnetic component to facilitate self-alignment of the inner belt portion and the outer belt portion, and the second magnetic component is couplable to the fourth magnetic component to facilitate self-alignment of the inner belt portion and the outer belt portion; and wherein the first magnetic component has a first polarity and the third magnetic component has a second polarity, and the second magnetic component has the second polarity and the fourth magnetic component has the first polarity.
The Examiner notes that magnets inherently have a magnetic field having a magnetic attraction to the opposite polarity, which meets the claimed limitation of “to facilitate self-alignment.” The examiner notes the structure of the modified reference [376] meets the method steps as claimed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The Examiner notes that U.S. 2009/0289090 Fig. 3 discloses several arrangements of magnetic attachments. U.S. 2009/0178245 discloses magnetic fasteners to connect panels of a garment. The Examiner notes U.S. 7,154,363 B2 discloses a magnetic connector apparatus with attachment of magnets to attach two bodies together.
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 JASON W SAN whose telephone number is (571)272-6531. The examiner can normally be reached on M-F 8AM-5PM.
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, Joe Thomas can be reached on 571-272-8004. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JASON W SAN/SPE, Art Unit 3677