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 because the straps are shown looped with ring 31 in figure 5 as described and recited in the claims but not in figure 4.
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.
Claims 10 is rejected under 35 U.S.C. 112(b) 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.
Claims 10 recites antecedent basis issues.
Claim Rejections - 35 USC § 103
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) 1-10 and 12-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dominguez US 2022/0095587 in view of Fouche US 6694923.
Regarding claim 1, Dominguez teaches a harness assembly having a single point attachment means comprising
multiple webbing straps (figure 1) connected by at least two O-rings (50 & 44) to form a skeletal structure (figure 1),
each of said multiple webbing straps having a proximal end and a distal end (figure 1),
wherein said multiple webbing straps include a pair of neck straps (14 figure 1), a chest strap (54/56), a back strap (40), a lateral strap (12/24) and a rear connecting strap (42),
said proximal ends of said pair of neck straps and said proximal end of said chest strap being securely connected to a first O-ring (50) to form a chest portion,
said distal ends of said pair of neck straps and said proximal end of said rear connecting strap being securely connected to a second O-ring (44) to form a back portion,
said distal end of said rear connecting strap being looped and wrapped about said back strap and being overlapped (best shown in figure 4) to securely affix a single point attachment means (38) to said skeletal structure (figure 4), said distal end of said chest strap being secured to said lateral strap (figure 1);
but does not specify the rear connecting strap stitched together to create a layered stitched attachment point proximal to said back strap, and the single point attachment means affixed within said layered stitched attachment point.
Fouche; however, does show such an arrangement (Figure 7 shows the layers and figures 2 and 4 show the stitching). Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to provide such arrangement, in order to secure the attachment means in a specific location, for particular use by a user, etc.
Regarding claim 2, the references teach the harness assembly in accordance with claim 1, wherein Dominguez further teaches said distal ends of each of said pair of neck straps further comprise means for adjusting the length of the neck straps (18 figure 1).
Regarding claim 3, the references teach the harness assembly in accordance with claim 1, wherein said rear connecting strap is securely connected to said single point attachment means (as previously described); but does not specify in such a manner sufficient to withstand a high impact force of at least 30 mph.
However, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to provide such types of materials to perform such functions, in order to meet various design preferences; since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice.
Regarding claim 4, the references teach the harness assembly in accordance with claim 3, wherein Fouche further teaches said distal end of said layered stitched attachment point is formed by looping said rear connecting strap into a top layer, a middle layer, and a bottom layer (figure 7), and stitching together said top layer, said middle layer, and said bottom layer (figures 2 and 4 again) but does not specify looping said middle layer and said bottom layer about said single point attachment means.
However, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to arrange the layers as recited, in order to accommodate design preferences; since a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art, because if the prior art structure is capable of performing the intended use, then it meets the claim.
Regarding claim 5, the references teach the harness assembly in accordance with claim 1, wherein Dominguez further teaches said single point attachment means is in the form of any suitable looped device (38 figure 1).
Regarding claim 6, the references teach the harness assembly in accordance with claim 5, where Dominguez further teaches said single point attachment means is a D-ring (paragraph 0028).
Regarding claim 7, the references teach the harness assembly in accordance with claim 1, wherein Dominguez further teaches said lateral strap comprises a proximal end having means for adjusting the length of the lateral strap (22 figure 1) and having a first male member of a first quick release coupling means (34); but does not specify secured thereto and a distal end having means for adjusting the length of the lateral strap and having a second male member of a second quick release coupling means secured thereto.
However, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to provide various arrangements of length adjustors and male quick release couplers, in order to simply accommodate design preferences; since all the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in the respective functions, and the combination would have yielded predictable results to one of ordinary skill in the art at the time of the invention.
Regarding claim 8, the references teach the harness assembly in accordance with claim 7, wherein Dominguez further teaches said back strap comprises a proximal end and a distal end, said proximal end being provided with a first female member of quick release coupling means (36) configured to securely engage said first male member, thereby forming a first quick release buckle; but does not specify and a distal end being provided with a second female member of a quick release coupling means configured to securely engage said second male member, thereby formed a second quick release buckle.
However again, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to provide various arrangements of female quick release couplers, in order to simply accommodate design preferences; since all the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in the respective functions, and the combination would have yielded predictable results to one of ordinary skill in the art at the time of the invention.
Regarding claim 9, the references teach the harness assembly in accordance with claim 8, wherein Dominguez further teaches said first quick release buckle and said second release buckle are capable of quick release when both said lateral strap and said back strap are under tension (inherently understood to those with ordinary skill in the art).
Regarding claim 10, the references teach the harness assembly in accordance with claim 7, wherein Dominguez further teaches said lateral strap comprises a proximal end and a distal end and wherein said chest strap is secured to a midpoint on said lateral strap (figure 1);
but does not specify by a stitching arrangement.
However, such methods are known in the art. Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to provide such arrangement, in order to meet various design preferences; since all the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in the respective functions, and the combination would have yielded predictable results to one of ordinary skill in the art at the time of the invention.
Regarding claim 12, the references teach the harness assembly in accordance with claim 1, but does not specify wherein said multiple webbing straps are composed of high tensile nylon.
However, such materials are well known in the art. Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to provide such materials, in order to meet various design preferences; since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice.
Regarding claim 13, the references teach the harness assembly in accordance with claim 1, wherein Dominguez further teaches said chest portion is securely connected to said back portion (as shown and described).
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dominguez and Fouche in view of Holt US 5915335 .
Regarding claim 11, the references teach the harness assembly in accordance with claim 1, but do not specify wherein a padded fabric covering is secured by a stitching arrangement to said back portion of said skeletal structure.
Holt; however, does teach a pad (46 figure 1). Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to provide such a pad, in order to enhance comfort; since, all the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in the respective functions, and the combination would have yielded predictable results to one of ordinary skill in the art at the time of the invention.
Response to Arguments
Applicant’s arguments against the drawing objection are not convincing. Applicant’s arguments appear to explain that reference character 31 is being utilized to designate different elements. In this case, the following objection also applies: The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “31” has been used to designate both the O-ring in figure 5 and some aperture of the covering in figure 4. 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. 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.
Applicant’s argument against the obviousness rejection of claim 3 is not convincing at least because applicant themselves does not describe a novel material to perform such function and insinuates that such materials are well known.
The remainder of the arguments have been addressed in the updated rejections 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 JESSICA WONG whose telephone number is (571)272-7889. The examiner can normally be reached Monday through Friday from 8:00am to 4:30pm MST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Timothy Collins can be reached at (571)272-6886. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JESSICA B WONG/Primary Examiner, Art Unit 3644