Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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.
2. Claims 1-20 are 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. Claims 1 and 11 now recite both movable members comprising a guide post - effectively claiming two guide posts. Claims 1 and 11 then recite “the housing is provided with a guide groove for sliding connection of the guide post” - guide post singular. As claimed, it is unclear if there is one guide groove for each guide post or only one guide groove for one guide post. If the latter, then which guide post of the two? For the purpose of examination, it is assumed that two guide grooves are meant to be claimed - one for each guide post.
Claim Rejections - 35 USC § 102
3. 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.
4. 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.
5. Claims 1 and 2 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tommins (US 1,690,957 A).
Regarding claim 1, Tommins discloses a packsack damping module (packsack not currently being claimed in combination - only a damping module capable of use with a packsack) comprising a housing (19), a movable element (14/15/16) and an elastic element (10); the housing is internally provided with a mounting cavity (see Figures); the movable element comprising at least one first movable member (left 14/15/16) movable towards one side (left) of the housing and at least one second movable member (right 14/15/16) movable towards another side (right) of the housing; the first movable member and the second movable member are both provided in the mounting cavity (see Figures); and the first movable member is connected with the second movable member through the elastic element (see Figures); the first movable member and the second movable member (left and right 14/15/16, respectively) both comprise a connection portion (16) and a guide post (14); at least one end of the connecting portion is connected with the guide post (see Figures); and the housing (19) is provided with a guide groove (left and right 21) for a sliding connection of the guide post.
Regarding claim 2, Tommins discloses the packsack damping module according to claim 1, wherein both opposite sides of the mounting cavity are provided with an opening (21 is both a groove and an opening, where claim 2 does not recite “further comprising” with respect to the opening such that it needs to be a separate element from the groove); the first movable member that pass through the opening on one side of the mounting cavity moves out of/into the mounting cavity (see Figures); and the second movable member that pass through the opening on other side of the mounting cavity moves out of/into the mounting cavity (see Figures).
6. Claim 11 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Grassano (US 4,488,511 A).
Regarding claim 11, Grassano discloses a packsack damping module (packsack not currently being claimed in combination - only a damping module capable of use with a packsack) comprising a housing (32), a movable element (41/56) and an elastic element (49/65); the housing is internally provided with a mounting cavity (see Figure 2); the movable element comprising at least one first movable member (41/42) movable towards one side (33) of the housing and at least one second movable member (56/58) movable towards the other side (34) of the housing; the first movable member and the second movable member are both provided in the mounting cavity (see Figure 2); the elastic element is provided with a first elastic member (49) and a second elastic member (65), one end of the first elastic member is connected with the first movable member, and another end of the first elastic member is connected with the housing (see Figure 2); and one end of the second elastic member is connected with the second movable member, and another end of the second elastic member is connected with the housing (see Figure 2); the first movable member and the second movable member both comprise a connection portion (42 and 58, respectively) and a guide post (41 and 56, respectively); at least one end of the connecting portion is connected with the guide post (see Figures); and the housing (32) is provided with a guide groove (39,57) for a sliding connection of the guide post.
Allowable Subject Matter
7. Claims 3-10 and 12-20 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Response to Arguments
8. Applicant’s Remarks filed 2/2/26 do not contain any arguments against the current or previously applied rejections. Applicant has only generally asserted that portions of previously indicated allowable subject matter (parts of claim 3 and claim 12) have been incorporated into claims 1 and 11. Examiner notes that these parts of claims 3 and 12 are not the same as the entirety of claims 3 and 12, where it was the entirely of these claims that was indicated as allowable subject matter. The prior art rejections above satisfy the partial limitations pulled from these claims.
Conclusion
9. 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.
10. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUSTIN MATTHEW LARSON whose telephone number is (571)272-8649. The examiner can normally be reached Monday-Friday, 7am-3pm. 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 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.
/JUSTIN M LARSON/ Primary Examiner, Art Unit 3734 3/5/26