DETAILED ACTION
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.
Claims 1-5, 10-11, 13, 15-18, and 20, are rejected under 35 U.S.C. 103 as being unpatentable over Tadin (US 2004/0250332) in view of Schrader (US 5,141,488).
Regarding claims 1, 13, and 15-18, Tadin discloses a vest with a body, wherein attached to the front on right and left sides are training devices. See paragraphs 0041 and 0052-0053 and also figs. 13 and 14. Tadin discloses on the front of the vest, on both right and left sides, training devices, each with a base having one end attached to the vest and the other to a loop (i.e. band). See figs. 13 and 14 again, and note training device base 13 with bands 12 and 3 (from figs 13 and 14 respectively) at one end, and attachment to the vest at the other with some form of fastening. Note that a user’s hand pulling down or out would elongate and expand the loop, which presumably has some predetermined elasticity.
Tadin does not disclose wherein the vest comprises adjustable straps with a base, but rather it appears to be one piece construction. However, the strap manner of harness construction is well-established, as is disclosed by the support system of Schrader in figure 1 (note base 12 and straps 32 and 42). It would have been obvious to one of ordinary skill in the art at the time of applicant’s filing, to consider such straps with the Tadin system, in order to provide versatility.
Regarding claims 2-4 and 10, Tadin discloses wherein the loop can be configured for fingers, a thumb, etc. (claims 2 and 4) in paragraphs 0052-0053 and figures 13-14. There is no explicit mention of the loop being adjustable. However, this concept is established, as is disclosed by Schrader in 4: 15-23. It would have been obvious to one of ordinary skill in the art at the time of applicant’s filing, to consider such with the Tadin system, so as to provide versatility.
Regarding claims 5 and 20, Tadin discloses wherein the system is designed for maintaining arm swing parameters. See paragraph 0038.
Regarding claim 11, Tadin discloses wherein the distance from the band to the vest is about 6 inches. See figs. 13 and 14 and note the user’s hand for comparison.
Claims 6-9 are rejected under 35 U.S.C. 103 as being unpatentable over Tadin (US 2004/0250332) in view of Schrader (US 5,141,488) and also Carver et al. (US 9,427,069).
Regarding claim 6-8, Tadin does not disclose a cord lock coupling the band to the base to maintain the loop size. However, this manner of adjustment is well-established, as is disclosed by the securing system of Carver in col. 4: 39-48. It would have been obvious to one of ordinary skill in the art at the time of applicant’s filing, to consider this with the cords of Tadin, in order to provide convenient adjustment.
Regarding claim 9, Tadin discloses wherein the distance from the band to the base of the training device is about 6 inches. See figs. 13 and 14 and note the user’s hand for comparison.
Claims 12, 14, and 19, are rejected under 35 U.S.C. 103 as being unpatentable over Tadin (US 2004/0250332) in view of Schrader (US 5,141,488) and also Bustance (US 5,688,137).
Regarding claims 12, 14, and 19, Tadin does not disclose a button stud fastener for the straps or multiple fasteners per strap. However, this configuration is established with regard to training vests, as is disclosed by the training system of Bustance in in col. 3: 23-30. It would have been obvious to one of ordinary skill in the art at the time of applicant’s filing, to consider these concepts with the Tadin system, so as to provide convenient attachment of various training devices. The use of straps would be obvious as described above with regard to claim 1.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY A MUSSELMAN whose telephone number is (571)272-1814. The examiner can normally be reached Monday - Thursday, 8:00AM - 4:00PM.
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TIMOTHY A. MUSSELMAN
Primary Examiner
Art Unit 3715
/TIMOTHY A MUSSELMAN/Primary Examiner, Art Unit 3715