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.
Claim(s) 1-3, 6, 8-12, 15, 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Hansen (US 7,784,658) in view of Green (US 3,212,690).
Regarding claims 1-3, 6, 8-12, 15, 17-18, Hansen discloses a body-worn storage tray device 10 comprising: a rectangular body 11 comprised of an interior space; a fastener 60 positioned on an exterior surface of the body, fastener 60 being considered a “hook” to the degree claimed; and a belt 75 that attaches to the body, wherein the body is comprised of an opening 30/38 positioned on a rear surface of the body. Hansen does not disclose the belt having a closure. Green teaches a belt 12 to attach a utility belt to a user, the belt comprised of a closure 20 that acts as a clamp/double ring. Therefore, it would have been obvious to one of ordinary skill in the art at the time of invention to provide a similar closure on the belt of Hansen in order to secure the ends of the belt around the user.
Regarding claims 19-20, the method steps as claimed would be satisfied in the normal operation of the modified Hansen device as applied to claims 1-3, 8-9, 10-12, and 17-18 above. Furthermore, see Hansen col. 4 lines 6-18 disclosing the specific method steps of attaching the belt, placing items into the interior space and attaching a tool to the fastener.
Claim(s) 4-5 and 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over Hansen in view of Green, as applied to claims 3 and 12 above, and further in view of Lessmann (US 2007/0205234).
Regarding claims 4-5 and 13-14, modified Hansen discloses the invention substantially as claimed but does not disclose padding on the rear surface of the body. Lessmann teaches that it is known to provide foam padding 30 on the rear side 16 of a body worn carrier 12 – see paragraph 23. Therefore, it would have been obvious to one of ordinary skill in the art at the time of invention to provide foam padding on the rear surface of the Hansen device in order to make it more comfortable when worn.
Claim(s) 7 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Hansen in view of Green, as applied to claims 1 and 10 above, and further in view of Woolery (US 2009/0095785).
Regarding claims 7 and 16, modified Hansen discloses the invention substantially as claimed but does not disclose the fastener being a magnet, clip or tie. Woolery teaches that it is well known to provide a tool accessory belt 110 with magnets 130’ on various exterior surfaces of the device to carry different accessories thereon. Therefore, it would have been obvious to one of ordinary skill in the art at the time of invention to provide similar magnet members on the exterior or the Hansen body to allow additional tools/accessories to be carried by the user. In doing so, a magnet fastener would be defined as claimed.
Conclusion
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/COREY N SKURDAL/ Primary Examiner, Art Unit 3734