DETAILED ACTION
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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hauff (WO 2019/005702) in view of Gill (US 2002/0094140).
Hauff discloses an apparatus for holding liquid comprising: a flexible liquid reservoir (12) having a sealable fill port (16), a first side, and a second side (see Figs. 5-7); pinch tabs coupled to the first side of the flexible liquid reservoir including a first pinch tab (50+60) arranged on a first part of the sealable fill port and a second pinch tab (52+62) arranged on a second part, which is opposed to the first part, of the sealable fill port (see Fig. 3); wherein the first pinch tab and the second pinch tab being configured to be pinched together causing the sealable fill port to flex and form an opening to facilitate pouring liquid into the flexible liquid reservoir (see Figs. 5-7; para 0026); except does not expressly disclose the catch/pour component as claimed.
However, Gill teaches a similar device wherein a catch/pour component (16) is coupled to a second side of the flexible liquid reservoir and extending from a top edge of the sealable fill port (Fig. 1) as claimed.
At the time of the invention, it would have been obvious to a person having ordinary skill in the art to add the catch/pour component taught by Gill to the opening of the hydration bladder taught by Hauff, in order to facilitate opening the mouth of the bladder as taught by Gill (para 0060).
Claim(s) 2-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hauff (WO 2019/005702) in view of Gill (US 2002/0094140) as applied to claim 1 above, and further in view of Hoskins (US 2015/0093052, hereinafter ‘Hoskins ‘052’).
Hauff as modified above discloses all limitations of the claim(s) as detailed above except does not expressly disclose the handle assembly as claimed.
However, Hoskins ‘052 teaches a similar bladder being provided with a transversely extending top cross bar (72) proximal the sealable fill port, a central longitudinally extending handle (76), and an anchor (90), wherein the central longitudinally extending handle extends from the transversely extending top cross bar to the anchor (Fig. 9) as claimed.
At the time of the invention, it would have been obvious to a person having ordinary skill in the art to add the handle and anchor taught by Hoskins ‘052 to the pinch plate of the hydration bladder taught by Hauff as modified above, in order to facilitate keeping the bladder flat while filling as taught by Hoskins (para 0059).
Hauff as modified above further results in a device wherein the anchor is an inverted V shaped member (Hoskins ‘052 90, Fig. 9); the first pinch tab and the second pinch tab are located on the transversely extending top cross bar (Hauff Fig. 3); the handle assembly comprises a first plastic material having a first durometer and the catch/pour component comprises a second plastic material having a second durometer, wherein the first durometer is harder than the second durometer (when viewed in combination, rigid handle stiffens bladder per Hoskins disclosure); a first slider lock track coupled to the first side of the flexible liquid reservoir (Hauff 36) and a second slider lock track coupled to the transversely extending top cross bar (Hauff 34);
Claim(s) 7-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hauff (WO 2019/005702) in view of Gill (US 2002/0094140) and Hoskins (US 2015/0093052, hereinafter ‘Hoskins ‘052’) as applied to claims 2-6 above, and further in view of Hoskins et al. (US 2022/0015529, hereinafter ‘Hoskins ‘529’).
Hauff as modified above discloses all limitations of the claim(s) as detailed above except does not expressly disclose the relative slider lock track dimensions/hinge portion/etc.
However, Hoskins ‘529 teaches a similar device wherein the first slider lock track is coupled to the first side a first distance from the top edge, the second slider lock track is located on the first side a second distance from the top edge wherein the first distance is less than the second distance (see Fig. 4); a hinge portion coupled to the second side a third distance from the top edge, wherein the third distance is greater than the first distance and less than the second distance (see Fig. 6); the first slider lock track is foldable about the hinge portion to align with the second slider lock track (see Figs. 6, 7); a slider (110, 120) slidable on the first slider lock track and the second slider lock track to seal the sealable fill port when the first slider lock track is folded about the hinge portion and aligned with the second slider lock track as claimed.
Because Hauff as modified above and Hoskins ‘529 both teach closure mechanisms for the opening of a hydration bladder, it would have been obvious to one of ordinary skill in the art to substitute the folding track structure taught by Hoskins ‘529 for the non-folding track structure taught by Hauff as modified above to achieve the predictable result of securely sealing the mouth of the hydration bladder.
When viewed in combination, Hauff as modified above results in a device wherein the hinge portion is provided on the catch/pour component.
Claim(s) 12-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hauff (WO 2019/005702) in view of Gill (US 2002/0094140) as applied to claim 1 above, and further in view of Motsenbocker (US 4420097).
Hauff as modified above discloses all limitations of the claim(s) as detailed above except does not expressly disclose the backer plate as claimed.
However, Motsenbocker teaches providing a fluid hydration bladder with a backer plate (17s) coupled internally to the flexible liquid reservoir (Fig. 4) as claimed.
At the time of the invention, it would have been obvious to a person having ordinary skill in the art to add the backer plates taught by Motsenbocker to the reservoir taught by Hauff as modified above, in order to help the reservoir maintain shape when full and prevent overstressing the material as taught by Motsenbocker (col. 3, ll. 10-16).
Hauff as modified above discloses all limitations of the claim(s) as detailed above except does not expressly disclose the backer plate having a triangular shaped apex as claimed.
It would have been an obvious matter of design choice to make the different portions of the backer plate of whatever form or shape was desired or expedient including having a triangular shaped apex. A change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. In re Dailey et al., 149 USPQ 47.
Hauff as modified above further results in a device wherein the backer plate comprises a plurality of holes (19s).
Hauff as modified above discloses all limitations of the claim(s) as detailed above except does not expressly disclose the backer plate having a longitudinally extending baffle slot as claimed, rather disclosing circular openings.
It would have been an obvious matter of design choice to make the different portions of the backer plate of whatever form or shape was desired or expedient including having a longitudinally extending slot rather than a circular opening. A change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. In re Dailey et al., 149 USPQ 47.
Claim(s) 16, 17, and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hauff (WO 2019/005702) in view of Gill (US 2002/0094140) and Karl et al. (US 2008/0277433, hereinafter ‘Karl’).
Hauff discloses an apparatus for holding liquid comprising: a flexible liquid reservoir (12) having a sealable fill port (16), a first side, and a second side (see Figs. 5-7); pinch tabs coupled to the first side of the flexible liquid reservoir including a first pinch tab (50+60) arranged on a first part of the sealable fill port and a second pinch tab (52+62) arranged on a second part, which is opposed to the first part, of the sealable fill port (see Fig. 3); wherein the first pinch tab and the second pinch tab being configured to be pinched together causing the sealable fill port to flex and form an opening to facilitate pouring liquid into the flexible liquid reservoir (see Figs. 5-7; para 0026); except does not expressly disclose the backpack or the catch/pour component as claimed.
However, Gill teaches a similar device wherein a catch/pour component (16) is coupled to a second side of the flexible liquid reservoir and extending from a top edge of the sealable fill port (Fig. 1) as claimed.
At the time of the invention, it would have been obvious to a person having ordinary skill in the art to add the catch/pour component taught by Gill to the opening of the hydration bladder taught by Hauff, in order to facilitate opening the mouth of the bladder as taught by Gill (para 0060).
Further, Karl teaches a hydration backpack, comprising: a reservoir compartment; a pair of shoulder straps; and a flexible liquid reservoir sized to operatively fit within the reservoir compartment (see Figs. 9, 10) as claimed.
At the time of the invention, it would have been obvious to a person having ordinary skill in the art to add the hydration reservoir taught by Hauff as modified above to the backpack system taught by Karl, in order to provides a backpack having hydration capability and cargo storage and transport capability suited to any particular use or application desired by a user as taught by Karl (para 0029).
Hauff as modified above further results in a device with a slider removably couplable to the sealable fill port (Hauff 38); and a first slider lock track coupled to the first side of the flexible liquid reservoir and a second slider lock track provided on a handle assembly coupled to the first side of the flexible liquid reservoir (Hauff 34, 36), wherein the first slider lock track and the second slider lock track releasably engage channels on the slider to seal the sealable fill port.
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hauff (WO 2019/005702) in view of Gill (US 2002/0094140) and Karl et al. (US 2008/0277433, hereinafter ‘Karl’) as applied to claim 17 above, and further in view of Murray (US 2008/0226200).
Hauff as modified above discloses all limitations of the claim(s) as detailed above except does not expressly disclose the button/strap as claimed.
However, Murray teaches a fluid reservoir having an upper edge wherein the bag that carries it comprises a strap having a button connected thereto (para 0043) operatively sized to be releasably engaged with the reservoir and fit through the button hole such that the flexible liquid reservoir is releasably coupled to the carrying bag.
At the time of the invention, it would have been obvious to a person having ordinary skill in the art to add the loop strap and button taught by Murray to the backpack system taught by Hauff as modified above, in order to suspend the reservoir inside the backpack as taught by Murray (para 0043).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PETER N. HELVEY whose telephone number is (571)270-1423. The examiner can normally be reached Monday-Friday 10am-7pm EST.
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/PETER N HELVEY/Primary Examiner, Art Unit 3734
March 23, 2026