DETAILED ACTION
This Non-Final Office action is in response to the amendment and / or remarks filed on June 23, 2026. Claims 1, 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, 14 & 15 are pending and currently being examined.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 June 23, 2026 has been entered.
Claim Objections
Claim 7 is objected to because of the following informalities:
Claim 7 recites: “wherein the back wall of the rear pocket is padded.”
However, Claim 1, line 3 sets forth and recites: “a rear pocket having a padded back wall,…”
Claim 7 does NOT provide any additional structural features or limitations to further disclose, describe, define, identify and / or limit the system, comprising a fanny pack having a main body that includes: a rear pocket having a padded back wall, as set forth in Claim 1, lines 1, 2 & 3.
Therefore, Claim 7 should be cancelled.
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.
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.
Claim(s) 1, 2, 3, 4, 6, 7, 8, 14, 15 & 16 are rejected under 35 U.S.C. 103 as being unpatentable over (U.S. Patent Publication Number 2012 / 0286003 A1) to Shadday et al., in view of (U.S. Patent Number 6,129,096) to Johnson, (U.S. Patent Number 5,397,040) to Lee, (U.S. Patent Number 6,257,473 B1) to Ringelstetter, (U.S. Patent Number 9,078,417 B1) to Lees et al., and (U.S. Patent Publication Number 2008 / 0067201 A1) to Obstler.
Regarding claim 1, Shadday discloses the system (See Figure 1), comprising:
the pack (10) having the main body (i.e. Body Portion of (10) in Figure 1) that includes:
the rear pocket (42) having the back wall (i.e. Back Wall of (42) in Figure 4), an intermediate wall (i.e. Rear Face Wall Portion of (42) in Figure 1), the bottom wall (44) and the pair of side walls (i.e. Left & Right (42) in Figure 4) that define an interior space (i.e. Interior Space of (42) in Figure 1);
an elongated belt (58) that is connected to each of the pair of side walls (i.e. Left & Right (60) in Figures 1, 2 & 4);
the lid (24) that is configured to selectively cover the interior space of the rear pocket (i.e. Pocket of (42) in Figures 1 & 8);
the front pocket (i.e. Pocket b/w (48 & 42) in Figure 1) that is positioned along a front surface of the intermediate wall, the front pocket (i.e. Pocket b/w (48 & 42) in Figure 1) including the back wall (i.e. Back Wall of Pocket (48 & 42) in Figures 1, 8 & 10), the front wall (i.e. Front Wall of (48) in Figure 2), the bottom wall (44) (See Figure 8) and the pair of side walls (i.e. Left & Right (50) in Figure 1);
the bag dispenser (54) that is positioned along the front wall (48) of the front pocket (46), the bag dispenser (54) including the central opening (See Figures 1, 2, 4, 8 & 10) having the plurality of resilient flaps (i.e. via three (3) flaps of (54) in Figure 9);
the roll of plastic bags (12) that are positioned within the front pocket (46) and being in communication with the bag dispenser (54) (See Figure 10); and
the watertight bucket (14) having the rigid or semi-rigid construction (i.e. via Stainless Steele of (14) in Paragraph 0056) that is removably positioned within the rear pocket (42) (See Figures 1, 4 & 8).
However, Shadday et al., does not explicitly disclose the fanny pack.
Johnson teaches the fanny pack (10) having the main body (i.e. Body Portion of (10) in Figure 1) that includes: the rear pocket (i.e. Interior Cavity Portion of (10) in Figure 1), the elongated belt (16 & 17), and the front pocket (18) (See Column 2, line 58) (See Figure 1).
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to make the fanny pack as taught by Johnson with the system of Shadday et al., in order to provide waist or hip storage configuration.
However, Shadday et al., does not explicitly disclose the padded back wall.
Lee teaches the pack (16) having the main body (i.e. Body Portion of (16) in Figure 2) that includes: the pocket (34) having the padded (i.e. Flexible Foam) back wall (18) for the purpose of increasing comfort (See Column 3, lines 56 – 61).
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to make the padded back wall as taught by Lee with the system of Shadday et al., in order to increase comfort to the wearer during use (See Column 3, lines 56 – 61).
However, Shadday et al., does not explicitly disclose the generally cylindrical-shaped side pocket that is positioned along the first side of the main body, the side pocket being constructed from an elastomeric material and including an open top end for receiving and storing a water bottle.
Ringelstetter teaches the generally cylindrical-shaped side pocket (46) that is positioned along the first side of the main body (20), the side pocket (46) being constructed from an elastomeric material (58) and including an open top end (i.e. Open Top End Gap Portion of (46) in Figures 2, 3 & 4) for receiving and storing the water bottle (54) (See Figures 2, 3, 4, 5 & 6).
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to make the generally cylindrical-shaped side pocket that is positioned along the first side of the main body, the side pocket being constructed from an elastomeric material and including an open top end for receiving and storing a water bottle as taught by Ringelstetter with the system of Shadday et al., in order to provide external secure storage capability with quick and easy accessibility (See Column 8, lines 52 – 63).
However, Shadday et al., does not explicitly disclose the clip that is positioned along the main body at a location opposite to the side pocket.
Lees et al., teaches the bag dispenser (173) that is positioned along the front wall of the front pocket (170) (See Figure 2), the bag dispenser (173) including the central opening (See Figure 2); the roll of plastic bags (107, 151) that are positioned within the front pocket (170) and being in communication with the bag dispenser (173); and the clip (140) that is positioned along the main body (114) at a location opposite to the side (See Figures 2 & 3B) (See Column 5, lines 39 – 42); the item (142) that is connected to the clip (136) (See Column 8, lines 40 – 43) (See Figures 2 & 3B).
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to make the clip that is positioned along the main body at a location opposite to the side pocket as taught by Lees et al., with the system of Shadday et al., for the purpose of holding personal items.
However, Shadday et al., does not explicitly disclose the collapsible pet bowl.
Obstler teaches the collapsible pet bowl (200) that is connected to the clip (See Figure 1) (See Paragraph 0011).
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to make the collapsible pet bowl that is connected to the clip as taught by Obstler with the system of Shadday et al., in order to provide a portable feeding and / or hydration reservoir for a pet.
Regarding claim 2, Shadday et al., discloses wherein the bucket (14) includes functionality for receiving and storing pet waste (i.e. Used Bags) (See Paragraph 0056).
Regarding claim 3, Shadday et al., discloses wherein the bucket (14) includes the shape and the size that is complementary to the shape and the size of the rear pocket (42) (See Figures 5, 6 & 7).
Regarding claim 4, Shadday et al., discloses wherein the bucket (14) includes the plurality of rigid sidewalls (i.e. Left & Right (18) in Figures 1, 5, 7 & 8) (See Paragraph 0056).
Regarding claim 6, Shadday et al., discloses wherein the bucket (14) is constructed from plastic (See Paragraph 0072).
Regarding claim 7, Shadday et al., as modified by Lee discloses wherein the back wall (18) of the rear pocket (34) is padded for the purpose of increase comfort (See Column 3, lines 56 – 61).
Regarding claim 8, Shadday et al., discloses further comprising: the length adjustment mechanism (i.e. Slide Adjustment Buckle of (64) in Figure 1) that is positioned along the belt (58), the mechanism (i.e. Slide Adjustment Buckle of (64) in Figure 1) including functionality for selectively tightening and loosening the belt (58) around the waist of a user (See Paragraph 0069).
Claim 14, Shadday et al., as modified by Obstler discloses wherein the collapsible pet bowl (200) includes the ring (i.e. Ring Loop Connect to Upper Left Portion of (200) in Figure 1), and wherein the clip (i.e. Clip of (200) in Figure 1) is secured to the ring (i.e. Ring Loop Connected to Upper Left Portion of (200) in Figure 1) of the collapsible pet bowl (200).
Regarding claim 15, Shadday et al., as modified by Johnson discloses the fanny pack (10) (See Column 2, line 58) (See Figure 1).
Furthermore, Shadday et al., as modified by Obstler discloses wherein the clip (i.e. Clip of (200) in Figure 1) and the collapsible pet bowl (200) are positioned along an outside of the main body (i.e. Body Portion of (300) in Figure 1) so as to allow the collapsible pet bowl (200) to air dry between uses and to prevent water from accumulating within an interior of the pack (300).
Regarding claim 16, Shadday et al., discloses wherein each bag (12) of the roll of plastic bags (See Figure 10) is sequentially and removably connected to an end of each subsequent bag (12) on the roll (See Figure 10), such that as a user removes one bag (12), a next bag (12) is fed through the bag dispenser (54) and is available to the user without opening the front pocket (i.e. Pocket b/w (48 & 42) in Figure 1) (See Figures 1, 4, 8 & 10).
Furthermore, Shadday et al., as modified by Lees et al., also discloses wherein each bag (107) of the roll of plastic bags (See Figure 3B) is sequentially and removably connected to an end of each subsequent bag (107) on the roll (i.e. via (151) in Figure 3B), such that as a user removes one bag (107), a next bag (107) is fed through the bag dispenser (153 & 173) and is available to the user without opening the front pocket (170) (See Figure 3B).
Claim(s) 9 & 10 are rejected under 35 U.S.C. 103 as being unpatentable over (U.S. Patent Publication Number 2012 / 0286003 A1) to Shadday et al., in view of (U.S. Patent Number 6,129,096) to Johnson, (U.S. Patent Number 5,397,040) to Lee, (U.S. Patent Number 6,257,473 B1) to Ringelstetter, (U.S. Patent Number 9,078,417 B1) to Lees et al., and (U.S. Patent Publication Number 2008 / 0067201 A1) to Obstler as applied to claim 1 above, and further in view of (U.S. Patent Number 11,525,227 B2) to Garland.
Regarding claim 9, Shadday et al., as modified by above does not explicitly disclose further comprising: the pair of connectors that are disposed along an upper portion of the rear pocket and the lid, said pair of connectors functioning to secure the lid in the closed position.
Garland teaches further comprising: the pair of connectors (i.e. Upper & Lower Zippers (20) in Figures 1 & 13) that are disposed along an upper portion of the rear pocket (14) and the lid (18), the pair of connectors (i.e. Upper & Lower Zippers (20) in Figures 1 & 13) functioning to secure the lid (18) in the closed position (See Figure 1).
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to make the pair of connectors that are disposed along an upper portion of the rear pocket and the lid, said pair of connectors functioning to secure the lid in the closed position as taught by Garland with the system of Shadday et al., in order to adequately couple the lid to the pack in a closed configuration (See Column 2, lines 52 – 53).
Regarding claim 10, Shadday et al., as modified by Garland discloses wherein the pair of connectors (i.e. Upper & Lower Zippers (20) in Figures 1 & 13) comprise the zipper assembly (See Figures 1 & 13).
Claim(s) 11 & 12 are rejected under 35 U.S.C. 103 as being unpatentable over (U.S. Patent Publication Number 2012 / 0286003 A1) to Shadday et al., in view of (U.S. Patent Number 6,129,096) to Johnson, (U.S. Patent Number 5,397,040) to Lee, (U.S. Patent Number 6,257,473 B1) to Ringelstetter, (U.S. Patent Number 9,078,417 B1) to Lees et al., and (U.S. Patent Publication Number 2008 / 0067201 A1) to Obstler as applied to claim 1 above, and further in view of (U.S. Patent Number 6,401,993 B1) to Andrino.
Regarding claim 11, Shadday et al., as modified by above does not explicitly disclose the second pair of connectors that are disposed along the front wall and the rear wall of the front pocket, the second pair of connectors functioning to secure the front pocket in the closed position.
Andrino teaches further comprising: the second pair of connectors (7A & 7B) that are disposed along the front wall (4) and the rear wall of the front pocket (48), the second pair of connectors (7A &7B) functioning to secure the front pocket (48) in the closed position (See Figures 1, 2 & 3).
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to make the second pair of connectors that are disposed along the front wall and the rear wall of the front pocket, the second pair of connectors functioning to secure the front pocket in the closed position as taught by Andrino with the system of Shadday et al., in order to provide quick release of secure items within the pocket.
Regarding claim 12, Shadday et al., as modified by Andrino discloses the second pair of connectors (7A & 7B) comprises strip of hook and loop material (See Figure 3).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, 14, 15 & 16 have been considered but are moot in view of the new grounds of rejection.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
(U.S. Patent Number 4,545,414) to Baum teaches the fanny pack (10) having the main body (i.e. Body Portion of (10) in Figure 1) that includes: the rear pocket (11), an elongated belt (31), the lid (15) and the front pocket (12) (See Figures 3 & 6).
(U.S. Patent Number 6,942,130 B1) to Duva teaches the system (See Figure 2), comprising:
the pack (16) having the main body (i.e. Body Portion (16) in Figure 2) that includes: the side pocket (i.e. Left & Right (32) in Figure 2).
(U.S. Patent Publication Number 2007 / 0128149 A1) to Dollar teaches the watertight container (12) (See Abstract) (See Paragraph 0030).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LESTER L VANTERPOOL whose telephone number is (571)272-8028. The examiner can normally be reached 8:30-5:00.
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, Nathan J. 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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/L.L.V/
Examiner, Art Unit 3734
/NATHAN J NEWHOUSE/Supervisory Patent Examiner, Art Unit 3734
Prosecution Insights