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 .
Information Disclosure Statement
The information disclosure statement filed 09/10/2024 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. It has been placed in the application file, but the information referred to therein has not been considered.
Foreign reference 70000000918828700 is burry and difficult to see any of the drawings. The applicant is requested to submit a clear copy of the reference.
Election/Restrictions
Applicant's election with traverse of claims 1-7 in the reply filed on 12/15/2025 is acknowledged. The traversal is on the ground(s) that Group I and II are product and process made and as explained in the restriction, the method requires weaving plurality of interwoven strands not required by claim 1. They are different in nature and a prior art applicable for one may not read on the other. Furthermore, group III requires a chain which is not a woven member and as such is distinct from group I and II.
Restriction for examination purposes as indicated is proper because all the inventions listed in
this action are independent or distinct for the reasons given above and there would be a serious search and/or examination burden if restriction were not required.
The requirement is still deemed proper and is therefore made FINAL.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 7 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 7 recites “the tool is a box end wrench”. Claim 1 does not appear to positively claim the structure “tool” as such it is unclear if “the tool is a box end wrench” is a positively recited structure or intended use. For examination purpose it will be assumed that the wrench is a positively recited structure. Further correction and or clarification is required.
Claim Rejections - 35 USC § 103
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.
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) 1-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over NPL Bug Out Paracord Bracelet (hereinafter “Bracelet”) in view of Bottger (US 20240280134).
Regarding claim 1, Bracelet discloses, A woven tool organizer, comprising: a woven member having a plurality of interwoven strands of cord (See annotated fig. below); a buckle (See annotated fig. below) captured by one or more of the plurality of interwoven strands of cord.
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However, Bracelet does not disclose, a closeable latch having a gate and an opposing end, wherein the opposing end of the closeable latch captures at least one of the plurality of strands of cord.
Bottger discloses, a closeable latch having a gate and an opposing end (See annotated fig. below) , wherein the opposing end of the closeable latch captures at least one of the plurality of strands (See annotated fig. below) of cord.
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Bracelet to have a closeable latch having a gate for removably receiving and retaining a tool and an opposing end, wherein the opposing end of the closeable latch captures at least one of the plurality of strands of cord as taught by Bottger for the purpose of hanging articles as desired for storing.
The limitation “for removably receiving and retaining a tool” is considered to be intended use. Examiner asserts that the recitation of intended use or purpose 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 structure is capable of performing the intended use or fulfilling said purpose, then it meets the claim. Herein, the prior art of Bottger has all the structure to perform the limitation as claimed.
Regarding claim 2, Bracelet discloses, the buckle has an open and closed position corresponding with an open and closed position of the woven member (Fig. 1, 2 of Brecelet).
Regarding claim 3, Bracelet discloses, the woven member terminates in opposing ends comprising opposing mateable members of the buckle (See annotated fig. below).
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Regarding claim 4, Bracelet as modified discloses, the closeable latch comprises a carabiner (Fig. 8).
Regarding claim 5, Bracelet discloses, the plurality of interwoven strands of cord comprise paracord (“Carry a plethora of survival tools into the wild without encumbering yourself by wearing them on this bug out paracord bracelet.”).
Regarding claim 6, Bracelet discloses, the woven member comprises a strand in the open position and a band (See annotated fig. below) in the closed position.
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Claim(s) 7is/are rejected under 35 U.S.C. 103 as being unpatentable over Bracelet- Bottger as applied to claim 1 above, and further in view of Moreau (US 20190111558).
Regarding claim 7, Bracelet as modified does not disclose, the tool comprises a box end wrench.
Moreau discloses a box end wrench connected to a carabiner (38; Fig. 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Bracelet to have box end wrench as a tool as taught by Moreau as it is a well known tool used for varieties of purposes.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Lepine (US 20100243845) disclose a tool storage chain comprising carabiner for hanging tools.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SANJIDUL ISLAM whose telephone number is (571)272-7670. The examiner can normally be reached Monday-Friday 8:30 -5:00.
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, Orlando E. Aviles can be reached at 571-270-5531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SANJIDUL ISLAM/Examiner, Art Unit 3736
/ORLANDO E AVILES/Supervisory Patent Examiner, Art Unit 3736