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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: reference numbers 96 and 98 do not appear to be in the drawings. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Additionally, Fig. 10 appears to be incorrect as reference number 99 is at the bottom with lumbar support 42. However, 99 is figure 8 is a closure flap at the top of the rucksack.
Claim Rejections - 35 USC § 112
Claims 8 and 19 recites the limitation "the rucking plate." There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1, 5, 9, 11, 16 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Rekuc et al. (US 2011/0120893).
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.
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 the closure flap 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.
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 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) 2 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Rekuc 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 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 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 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 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached Notice of References Cited.
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