DETAILED ACTION
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) 1-6 and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Leicester (US 9,750,961)
Regarding claim 1, Leicester discloses an article (safety harness 100, Fig. 9) comprising: a central chest portion (chest fitting 110, Fig. 9); a harness portion (harness 100 has shoulder straps 106 and straps 28, 14, Fig. 9), wherein the harness portion comprises: a left shoulder strap (left-hand shoulder strap 106, Fig. 9), a right shoulder strap (right-hand shoulder strap 106, Fig. 9), a left chest strap (left-hand straps 28, 14, Fig. 9), a right chest strap (right-hand straps 28, 14, Fig. 9), a back portion (back 104, Fig. 10), and a chest ring (ring section 112, Fig. 9); wherein each of the left shoulder strap, the right shoulder strap, the left chest strap and the right chest strap are connected to the chest ring (shoulder straps 106 and straps 28 are shown to connect to ring section 112, Fig. 9); a removable connector attached to the chest ring (lanyard 60 is shown to have a carabiner connected to cables at ring section 112, Fig. 9); and a hook attached to the removable connector (distal end of lanyard 60 has second carabiner, Fig. 9). In regards to the hook is configured to hold a shield therein, a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art is capable of performing the intended use, it meets the claim. In this case, the distal carabiner of lanyard 60 is capable to hold a shield therein.
Regarding claim 2, Leicester discloses the invention as shown above in claim 1, wherein at least one of the left chest strap or the right chest strap comprises an adjustable connector (buckle 160, Fig. 11).
Regarding claim 3, Leicester discloses the invention as shown above in claim 2, wherein the adjustable connector comprises a first portion and a second portion, wherein the second portion is removably attached to the first portion (shoulder strap has straps 158 and straps 156 connected by buckle 160, Fig. 11).
Regarding claim 4, Leicester discloses the invention as shown above in claim 1, wherein the removable connector is a carabiner (connector on lanyard 60 is shown to be a carabiner, Fig. 9).
Regarding claim 5, Leicester discloses the invention as shown above in claim 1, wherein at least one of the left shoulder strap, the right shoulder strap, the left chest strap or the right chest strap is adjustable in length (The straps are generally adjustable in length and the waist strap includes a releasable fastening to facilitate putting the harness on and taking it off., Col. 1 lns. 12-14).
Regarding claim 6, Leicester discloses the invention as shown above in claim 1, wherein a rear portion of the right shoulder strap, a rear portion of the left shoulder strap (straps 106 are shown to connect to back 104, Figs. 9, 10), a rear portion of the right chest strap, and a rear portion of the left chest strap are attached to the back portion (straps 28, 14 are shown to wrap to back 104, Figs. 9, 10).
Regarding claim 9, Leicester discloses the invention as shown above in claim 1, wherein the hook comprises a U-shape profile or a J-shape profile for positioning the shield therein (distal carabiner of lanyard 60 has a j-shape profile, Fig. 9).
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) 7 is rejected under 35 U.S.C. 103 as being unpatentable over Leicester in view of Orovan et al. (US 5,154,764).
Regarding claim 7, Leicester discloses the invention as shown above in claim 1. Leicester fails to explicitly disclose wherein a front portion of the right shoulder strap and a front portion of the left shoulder strap is formed of a continuous length of material. Orovan teaches a harness having upper left and right shoulder strap portions 20 and lower left and right strap portions 27 that are each formed from a continuous length of material passing through member 22. It would have been obvious to one of ordinary skill in the art before the priority date to make the harness wherein a front portion of the right shoulder strap and a front portion of the left shoulder strap is formed of a continuous length of material as taught by Orovan in order to reduce the number of adjustment points needed to secure the harness. Furthermore, the use of a one-piece construction instead of the structure disclosed in the prior art would have required only routine skill in the art.
Claim(s) 8 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Leicester in view of Seuk (US 2012/0132065).
Regarding claim 8, Leicester discloses the invention as shown above in claim 1. Leicester fails to explicitly disclose wherein the back portion comprises a placard holding device. Seuk, in the field of personal body armor, teaches an article (plate carrier 10, Figs. 1-3) wherein the back portion comprises a placard holding device (As shown, the front and rear panel sections 20 and 40 are covered in PALS (Pouch Attachment Ladder System) webbing to be MOLLE (Modular Lightweight Load-carrying Equipment) compatible. The PALS webbing allows the pouches to be attached to other MOLLE compatible vests, packs and pouches. PALS webbing consists of horizontal rows of heavy-duty 1"
nylon webbing., Para. [0018]). It would have been obvious to one of ordinary skill in the art before the priority date to combine the attachment devices of Seuk with the invention of Leicester. The motivation for doing SO would have been to allow the user to identify their organization through a placard or patch.
Regarding claim 10, Leicester discloses the invention as shown above in claim 1. Leicester fails to explicitly disclose wherein the article is configured to be modularly attached to a tactical vest. Seuk, in the field of personal body armor, teaches an article (plate carrier 10, Figs. 1-3) wherein the article is configured to be modularly attached to a tactical vest (As shown, the front and rear panel sections 20 and 40 are covered in PALS (Pouch Attachment Ladder System) webbing to be MOLLE (Modular Lightweight Load-carrying Equipment) compatible. The PALS webbing allows the pouches to be attached
to other MOLLE compatible vests, packs and pouches., Para. [0018]). It would have been obvious to one of ordinary skill in the art before the priority date to combine the attachment mechanisms of Seuk with the harness of Leister. The motivation for doing so would have been to allow the user to carry additional items without limiting the harness functions.
Conclusion
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/COREY N SKURDAL/Primary Examiner, Art Unit 3734