Notice of Pre-AIA or AIA Status
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 the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. The first pocket not including a hook, loop, or zipper is new matter.
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, 5, 9, 11, 16 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Rekuc et al. (US 2011/0120893) in view of Wright et al. (US 2021/0112952).
Regarding claim 1, Rekuc discloses a rucking article, comprising: a base (bottom); a top (at 10) spaced from the base; lateral sides that extend from the base toward the top; a front panel (at 12) coupled to the base; a back panel (22) coupled to the base, the top, and the lateral sides, the back panel having an exterior side, an interior side opposite the exterior side, a height that extends from the base to the top, and a width that is perpendicular to the height; a plurality of pad members (28a-28d) on the exterior side that extend across the width, each of the plurality of pad members formed by a cushion element made of compressible and resilient material; a closure (18) that removably couples the front panel to the top and at least a portion of each of the lateral sides, such that the closure is configured to permit access to an interior of the rucking article; a pocket assembly (Fig. 2A, at 10) coupled to the interior side of the back panel, the pocket assembly having at least a first pocket (at 12); an internal frame assembly inside a compartment of the back panel, the internal frame assembly extending from the base to the top within the compartment, such that, the internal frame assembly (26, 28, 40) provides rigid support to the back panel along a height of the back panel and the width, the internal frame assembly comprising a planar rigid member (26) and another layer (20 or 28), the planar rigid member extending across the width of the back panel and the height of back panel, wherein the another layer is substantially adjacent to and coextensive with the planar rigid member; and shoulder straps (30) configured to secure the rucking article to a wearer. See Figs. 1-3. Rekuc does not disclose the pocket as claimed.
Wright, which is drawn to a rucking article disclose a first pocket (802) that does not include a hook, loop, or zipper. See Fig. 8A. Thus, it 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 to have the first pocket of Rekuc not include a hook, loop, or zipper, as disclosed by Wright in order to close the pocket via a cord. Moreover, it would have been obvious to one having ordinary skill in the art at the time the invention was made to have the pocket as claimed, since it was known in the art that to have pockets close in various manners.
Regarding claim 5, the pocket assembly includes a second pocket (12 or 14) comprising a second pocket panel that overlies the first pocket panel, wherein the second pocket panel defines a top edge that sits below a closure flap (Fig. 1, at 10 or 16) with the closure flap is in a closed position. See Fig. 2A.
Regarding claim 9, a lumbar support member (at 28a) is located on the back panel. See Fig. 14.
Regarding claim 11, Rekuc discloses a rucking article, comprising: a base; a top opposite the base; a back panel having a bottom edge coupled to the base, a top edge opposite the bottom edge a coupled to the top, a first lateral edge, a second lateral edge opposite the first lateral edge, a height that extends from the bottom edge to the top edge, a width perpendicular to the height, an exterior side that faces a user's back when the rucking article is worn by the user, and an interior side opposite the exterior side; a first lateral side and a second lateral side opposite the first lateral side, the first and second lateral sides defining a depth of the rucking article that is perpendicular to the height and the width, a first closure element (top of 18) that extends along at least a portion of the top edge, the first lateral side, and the second lateral side; a front panel coupled to the base, the front panel having an outer perimeter; a second closure (side of 18) element that extends along a majority of the outer perimeter of the front panel, the second closure element configured to selectively engage the first closure element to open or close access to an internal space of the rucking article; a plurality of pad members along the exterior side; each of the plurality of pad members formed by a cushion element made of compressible and resilient material; a pocket assembly having a pocket adjacent the interior side of the back panel an internal frame assembly encased within the back panel and that extends from the bottom edge of the back panel to top edge of the back panel, and between the first and second lateral edges, the internal frame assembly comprising a planar rigid member and another layer, the planar rigid member extending across the width of the back panel and the height of back panel, wherein the another layer is substantially adjacent to and coextensive with the planar rigid member; and shoulder straps that extend from a top edge of the back panel toward the lateral sides edges or bottom edge of the back panel. See Above and Figs. 1-3. Rekuc does not disclose the pocket as claimed.
Wright, which is drawn to a rucking article disclose a first pocket (802) that does not include a hook, loop, or zipper. See Fig. 8A. Thus, it 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 to have the first pocket of Rekuc not include a hook, loop, or zipper, as disclosed by Wright in order to close the pocket via a cord. Moreover, it would have been obvious to one having ordinary skill in the art at the time the invention was made to have the pocket as claimed, since it was known in the art that to have pockets close in various manners.
Regarding claim 16, the pocket assembly includes another pocket comprising a second pocket panel (12 or 14) that overlies the first pocket panel, wherein the second pocket panel defines a top edge that sits below the closure flap with the closure flap is in a closed position. See Fig. 2A.
Regarding claim 20, a lumbar support member is located on the back panel. See Fig. 14.
Claim(s) 2 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Rekuc and Wright as applied above in further view of Douglass (US 4,420,103).
Regarding claims 2 and 12, Rekuc does not disclose stitching as claimed. Douglass, which is drawn to a rucking article, discloses an exterior side of the back panel has a plurality of stitch lines (34) that define a size and shape of the plurality of pad members. Thus, it 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 to use stitch lines, as disclosed by Douglass, in order to shape the pad and lumbar support members.
Claim(s) 3, 4, 14 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Rekuc and Wright as applied above in further view of Ferber et al. (US 2012/0262117).
Regarding claims 3 and 14, Rekuc does not disclose a pocket as claimed. Ferber, which is drawn to a rucksack, discloses a first pocket (46) that has a first pocket panel attached to an interior side of a back panel, wherein the first pocket panel defines a pocket length and a pocket width, wherein the first pocket panel is spaced apart from a base and lies proximate the top, such that the first pocket panel is biased toward the top of the back panel. See Fig. 3. Thus, it 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 to use a pocket as disclosed by Ferber in the rucksack of Rekuc in order to hold and separate more items within the rucksack.
Regarding claims 4 and 15, as modified above, a bottom end of the first pocket panel is spaced from a bottom edge of back panel a distance that is between 20% and 30% of a total height of the back panel. Moreover, it would have been obvious to one having ordinary skill in the art at the time the invention was made to have the first pocket arranged as claimed, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. See In re Aller, 105 USPQ 233.
Claim(s) 6 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Rekuc and Wright as applied above in further view of Hairston et al. (US 2013/0221051).
Regarding claims 6 and 17, Rekuc does not disclose foam as claimed. Hairston, which is drawn to a rucksack, discloses an internal frame assembly comprises a planar rigid member and a foam layer adjacent to the planar rigid member. See abstract. Thus, it 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 to use foam on the frame of Rekuc, as disclosed by Hairston, in order to have rigid yet forgiving frame.
Claim(s) 7, 8, 18 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Rekuc and Wright as applied above in further view of Oliveira (US 2021/0077847).
Regarding claims 7, 8, 18 and 19,Rekuc does not disclose a rucking plate. Oliveira, which is drawn to a rucking sack, discloses a rucking plate (16) having a length and width selected to slidingly fit within a pocket of a pocket assembly. See Figs. 1-8. Thus, it 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 to use a rucking plate as disclosed by Oliveira in the rucksack of Rekuc in order to provide exercise resistance to a user. Moreover, it would have been obvious to one having ordinary skill in the art at the time the invention was made to have the rucking plate be between 15 lbs. and 45 lbs., since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. See In re Aller, 105 USPQ 233.
Claim(s) 10 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Rekuc and Wright as applied above in further view of Chueh (US 2016/0235186).
Regarding claim 10, Rekuc does not disclose the pad members (12) as claimed. Chueh, which is drawn to a rucksack, discloses a plurality of pad members each define a planar contact surface that lies along a first common plane. See Figs. 2-6. Thus, it 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 to have the pad members of Rekuc define a planar contact surface that lies along a first common plane, as disclosed by Chueh, in order to provide a more uniform surface that can receive various shaped users
Regarding claim 13, as modified above, the plurality of pad members define a plurality of planar contact surfaces that lie along a first plane.
Claim(s) 21-29 are rejected under 35 U.S.C. 103 as being unpatentable over Rekuc and Wright as applied above in further view of Wright et al. (US 2021/0112952).
Regarding claim 21, Rekuc discloses a rucking article, comprising: a base (bottom); a top (at 10) spaced from the base; lateral sides that extend from the base toward the top; a front panel (at 12) coupled to the base; a back panel (22) coupled to the base, the top, and the lateral sides, the back panel having an exterior side, an interior side opposite the exterior side, a height that extends from the base to the top, and a width that is perpendicular to the height; at least one pad (28a-28d) member extending across the width of the exterior side of the back panel; a closure (18) that removably couples the front panel to the top and at least a portion of each of the lateral sides, such that the closure is configured to permit access to an interior of the rucking article; a pocket assembly (Fig. 2A, at 10) positioned in an interior portion of the rucking article, the pocket assembly capable of being configured to carry a plate; and shoulder straps (30) configured to secure the rucking article to a wearer. See Figs. 1-3. Rekuc does not disclose a sternum strap.
Wright, which is drawn to a rucking article, discloses a sternum strap (224) removably coupled to shoulder straps and configured to be selectively clasped. See Figs. 7D-7E. Thus, it 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 to use a sternum strap on the rucking article of Rekuc, as disclosed by Wright, in order to better secure the article to a user.
Regarding claim 22, an internal compartment (at 10) is defined between the interior side and exterior side of the back panel. See Fig. 2.
Regarding claim 23, the internal compartment includes a flexible material at (40). See [0046].
Regarding claim 24, the flexible material is encased within the back panel and extends at least partially from a bottom edge of the back panel to a top edge of the back panel. See Figs. 1-3.
Regarding claim 25, at least one pocket (at 14 or 12) that is positioned on the front panel. See Figs. 1-2.
Regarding claim 26, an exterior surface of the rucking article includes a handle (anywhere it can be grabbed can be considered a handle). See Fig. 1.
Regarding claim 27, the handle is positioned on a perimeter of the rucking article. See Fig. 1.
Regarding claim 28, a lumbar support member (at 28a) located between the at least one pad member and the base. See Fig. 14.
Regarding claim 29, the pocket assembly includes a flap (Fig. 1, at 10 or 16).
Response to Arguments
Applicant’s arguments have been considered but are moot in view of the new grounds of rejection.
Conclusion
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEREK J BATTISTI whose telephone number is (571)270-5709. The examiner can normally be reached 9:00 am - 5:00 pm M-F.
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/DEREK J BATTISTI/Primary Examiner, Art Unit 3734
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