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 1-3, 6-7, 9-10, and 17-20, are rejected under 35 U.S.C. 103 as being unpatentable over James et al. (US 9,199,125) in view of Childs et al. (US 2024/0164739).
Regarding claims 1, 3, 10, and 17, James discloses a system for swim training, comprising a modular float system configured for variable buoyancies, comprising a back float with a belt and clasp. See col.9: 21-53 (wearable strap with layered attachable members), col. 10: 1-3 (attachment members can be floats), and fig. 8 label 821 (strap can be a belt).
There are numerous configurations for the system, but the main one of interest is shown in fig. 6a, and described in col. 9: 31-41, as a belt with removable floats attached thereto in a stacked fashion (i.e. a float with a middle and outer float). Although James discloses in the citation wherein the floats may be attached together by various means on the faces of the floats, there is no disclosure of quarter-turn twist-lock connectors with bayonet mounts (bayonet mounts as per claim 3, and quarter turn as per claim 10). However, such connections are well-established, as is disclosed by the system of Childs in paragraph 0046. 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 James system, so as to provide secure connections.
Regarding claims 2 and 20, James discloses flex apertures. See col. 13: 57-67.
Regarding claims 6 and 18, James discloses a belt guide. See col. 10: 61-65 and fig. 8 label 821.
Regarding claims 7 and 19, James discloses wherein the floats can have buoyancies as desired. See col. 10: 1-3.
Regarding claim 9, James discloses numerous floats in col. 9:40-45. The use of twist-lock connectors would be obvious as described above with regard to claim 1.
Claims 8 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over James et al. (US 9,199,125) in view of Childs et al. (US 2024/0164739) and also Weissbuch (US 5,472,391).
Regarding claims 8 and 11, Regarding claims 8 and 11, James discloses various configurations and materials (col. 9: 54-68), but does not disclose buoyant wings or foam. However, Weissbuch discloses a similar swim training device with a buoyant wing configuration (figs. 11-12), and foam floats (col. 8: 5-15). The use of such with the James system would have been obvious to one of ordinary skill in the art at the time of applicant’s filing, so as to provide various training scenarios.
Claims 12-16 are rejected under 35 U.S.C. 103 as being unpatentable over James et al. (US 9,199,125) in view of Childs et al. (US 2024/0164739) and also Crivello (US 2013/0138734).
Regarding claims 12-14 and 16, the physical device is rejected as described above with regard to claim 1. James further discloses wherein float configurations can be changed to adapt to swimmers needs in col. 4: 1-5.
There is no disclosure of three milestones (each the same as per claim 13) comprising a 20m swim (claim 14), or 5m independent swim (claim 16), etc. However, training with various milestones is well-established, as is disclosed by the training system of Crivello in paragraph 0061. It would have been obvious to one of ordinary skill in the art at the time of applicant’s filing, to consider such milestones with the James system, in order to provide training goals and user guidance and feedback etc. (the general advantage of milestones).
Regarding claims 15, James discloses training for various postures in col. 4: 1-5. The use of milestones would be obvious as described above with regard to claim 1.
Allowable Subject Matter
Claim 4 is objected to as depending from a rejected base claim, but would be allowable if rewritten to include the base claim and any intervening claims. The prior art does not teach of suggest the claimed subject matter, including the bayonet mount with the ball and spring lock.
Claim 5 is objected to as depending from a rejected base claim, but would be allowable if rewritten to include the base claim and any intervening claims. The prior art does not teach of suggest the claimed subject matter, including the twist-locks as configured with the various torques.
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, PETER S VASAT can be reached at 571-570-7625. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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TIMOTHY A. MUSSELMAN
Primary Examiner
Art Unit 3715
/TIMOTHY A MUSSELMAN/Primary Examiner, Art Unit 3715
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