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 .
Information Disclosure Statement
2. The IDS filed 7/2/24 is noted. The Ashe and Mueller references have been lined through as the patent numbers provided are not correct. Neither of these references has been considered.
Election/Restrictions
3. Claims 12-17 have been withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to nonelected Species B, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 11/18/25 to pursue Species A.
Claim Rejections - 35 USC § 102
4. 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.
5. 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.
6. Claims 1, 3-5, 10, and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chirico (US 9,004,555 B1).
Regarding claim 1, Chirico discloses a sanitary supply kit comprising: a personal mounting member (14) configured to be worn by a user; a storage pouch (11) coupled to the personal mounting member; and a plurality of sanitation accessories (see col. 1 lines 50-67) stored in the storage pouch, the plurality of sanitation accessories including a set of wipes (see “hand wipes” in col. 1 line 66).
Regarding claim 3, Chirico discloses the kit of claim 1, wherein the plurality of sanitation accessories further includes a set of disposal bags (21 - see “bags” in col. 1 line 55).
Regarding claim 4, Chirico discloses the kit of claim 1, wherein the plurality of sanitation accessories further includes a set of gloves (see “gloves 17” in col. 3 line 3).
Regarding claim 5, Chirico discloses the kit of claim 1, wherein the personal mounting member (14) comprises a belt configured to surround a torso of the user (see Figure), the belt comprising a strap and a connector (see Figure), the connector being configured to secure opposing ends of the strap together (see Figure).
Regarding claim 10, Chirico discloses the kit of claim 1, wherein the closure comprises a parachute buckle (see Figure which shows the same style connector as Applicant’s figures - thus considered a “parachute buckle”).
Regarding claim 18, Chirico discloses the kit of claim 1, wherein the storage pouch comprises a bottom wall and a perimeter wall, the perimeter wall being coupled to and extending upwardly from the bottom wall, the storage pouch defining a cavity surrounded by the bottom wall and the perimeter wall, a top edge of the perimeter wall defining an opening to the cavity (see Figure).
Claim Rejections - 35 USC § 103
7. 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.
8. Claims 1, 3-10, 18, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Smith (US 6,923,357 B2) in view of Chirico (US 9,004,555 B1).
Regarding claim 1, Smith discloses a sanitary supply kit comprising: a personal mounting member (14) configured to be worn by a user; a storage pouch (40) coupled (via 39/41) to the personal mounting member. Smith fails to disclose a plurality of sanitation accessories stored in the storage pouch, the plurality of sanitation accessories including a set of wipes. Chirico teaches that it was already known to store a plurality of sanitation accessories (see col. 1 lines 50-67) in a pouch system like that of Smith, the plurality of sanitation accessories including a set of wipes (see “hand wipes” in col. 1 line 66), a set of disposal bags (21 - see “bags” in col. 1 line 55), and a set of gloves (see “gloves 17” in col. 3 line 3) for cleaning up after a pet. It would have been obvious to one having ordinary skill in the art at the time Applicant’s invention was effectively filed to have used the pouch(es) of Smith to store sanitation accessories including a set of wipes, a set of disposal bags, and a set of gloves, the motivation being to allow a user of the Smith kit to easily clean up after a pet in the manner taught by Chirico.
Regarding claim 3, Smith as modified above would include the kit of claim 1, wherein the plurality of sanitation accessories further includes a set of disposal bags, as taught by Chirico.
Regarding claim 4, Smith as modified above would include the kit of claim 1, wherein the plurality of sanitation accessories further includes a set of gloves, as taught by Chirico.
Regarding claim 5, Smith as modified above would include the kit of claim 1, wherein Smith discloses the personal mounting member (14) comprises a belt configured to surround a torso of the user (see Figures), the belt comprising a strap and a connector (16), the connector being configured to secure opposing ends of the strap together (see Figures).
Regarding claim 6, Smith as modified above would include the kit of claim 5, wherein Smith discloses the storage pouch (40) is slidable (via 39/41 - see Figures) along the belt, the storage pouch comprising a mounting loop (39/41 - see Figures) for receiving the belt therethrough and facilitating sliding the storage pouch along the belt (see Figures).
Regarding claim 7, Smith as modified above would include the kit of claim 6, wherein Smith discloses the storage pouch is one of a plurality of storage pouches (40 - see Figures), the storage pouches being slidable along the belt independently of each other (see Figures).
Regarding claim 8, Smith as modified above would include the kit of claim 1, wherein Smith discloses the personal mounting member comprises a harness, the harness comprising a waist strap (14) and a pair of shoulder straps (18 and 20), each shoulder strap of the pair of shoulder straps being coupled to and extending between a front portion of the waist strap and a rear portion of the waist strap (see Figures).
Regarding claim 9, Smith as modified above would include the kit of claim 8, wherein Smith discloses the harness includes a closure (16) for selectively coupling a pair of ends of the waist strap together (see Figures).
Regarding claim 10, Smith as modified above would include the kit of claim 1, wherein Smith discloses the closure comprises a parachute buckle (see Figures which show the same buckle style connector as Applicant’s figures - thus considered a “parachute buckle”).
Regarding claim 18, Smith as modified above would include the kit of claim 1, wherein Smith discloses the storage pouch comprises a bottom wall (68) and a perimeter wall (60/62/66 - see col. 5 lines 7-9), the perimeter wall being coupled to and extending upwardly from the bottom wall (see Figures), the storage pouch defining a cavity surrounded by the bottom wall and the perimeter wall, a top edge of the perimeter wall defining an opening to the cavity (see Figures).
Regarding claim 19, Smith as modified above would include the kit of claim 18, wherein Smith discloses the storage pouch further comprises an access flap (64) attached to the top edge of the perimeter wall, the access flap being movable to alternately open and close the opening, the storage pouch further comprising a pouch closure for securing the access flap in a closed position with respect to the opening (see col. 5 lines 15-19).
9. Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Smith (US 6,923,357 B2) in view of Chirico (US 9,004,555 B1) as applied above, further in view of Haines (US 2008/0135588 A1).
Regarding claim 2, Smith as modified above would include the kit of claim 1, but so far fails to include wherein the plurality of sanitation accessories further includes a disinfectant spray. Chirico, whose accessories have been added to Smith, discloses hand sanitizer (20) but makes no mention of a spray. Haines teaches that it was already known to include disinfectant spray in a waist-worn kit like that of modified Smith (see [0023]). It would have been obvious to one having ordinary skill in the art at the time Applicant’s invention was effectively filed to have provided the modified Smith kit with a disinfectant spray like that of Haines, the motivation being to provide the user with more sanitizing options should the need arise.
10. Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Smith (US 6,923,357 B2) in view of Chirico (US 9,004,555 B1) as applied above, further in view of Irick et al. (US 2021/0235851 A1).
Regarding claim 11, Smith as modified above would include the kit of claim 1, but so far fails to include wherein the closure comprises a hook-and-loop fastener. Smith discloses a buckle and makes no mention of hook and loop fastener. Irick teaches that it was already known in the art to secure the ends of a belt together using either a buckle or hook and loop fasteners (see [0038]). It would have been obvious to one having ordinary skill in the art at the time Applicant’s invention was effectively filed to have replaced the buckle of Smith with hook and loop fasteners, where hook and loop fasteners were already known to be suitable for such use, as shown by Irick.
11. Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Smith (US 6,923,357 B2) in view of Chirico (US 9,004,555 B1) as applied above, further in view of Kalisher (US 4,957,231 A).
Regarding claim 20, Smith as modified above would include the kit of claim 19, wherein Smith discloses the pouch closure including hook and loop fasteners (see col. 5 lines 15-19) where a second mating member would have to be coupled to the flap in order to function, but Smith fails to specify the first mating member coupled to a front of the perimeter wall. Smith never shows the opened flap so it is hard to tell the exact location of the first mating member. It could be on the upper perimeter of the perimeter wall instead of a front of the perimeter wall. Kalisher teaches that it was already known in the art for a flap closure mating member (27) to be located on the front (24) of a perimeter wall of a pouch (see Figures 1 and 2 and col. 2 lines 32-38). It would have been obvious to one having ordinary skill in the art at the time Applicant’s invention was effectively filed to have located the first mating member of the Smith flap closure on the front of the pouch perimeter wall, where such location was already known to be suitable for such use, as shown by Kalisher.
Conclusion
12. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
13. 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 1/6/26