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 under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the leg plate as recited in claim 2, and the pivotable retention clip comprising: a pair of diametrically opposed guide members; and a locking member disposed on a perimeter of the pivotable retention clip between the guide members , wherein the guide members are configured to align with the guide slots of the retention orifices before the pivotable retention clip is operably coupled with the retention orifice , and misalign with the guide slots after the pivotable retention clip is operably coupled with the retention orifice , wherein the locking member is biased into a locked state responsive to the pivotable retention clip operably coupling with the retention orifice and the locking member aligning with one of the guide slots , wherein the guide slot restricts the motion of the pivotable retention clip responsive to the locking member entering the locked state, and wherein the locking member is configured to enter an unlocked state responsive to a force provided by the operator (for clarity, the line drawing of FIG. 8 does not clearly show this interaction and does not show the structure of the guide members, guide slots, and locking member that allow for this interaction) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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.
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.
Claims 12-20 are 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.
With Respect to Claim 12
It is unclear whether claim 12 structurally or only functionally recites the joint plate, noting that it uses the term “wherein” rather than “further comprising” the joint plate, and recites that “a joint plate is configured to. . .”. As such, it is unclear whether the claim structurally requires the joint plate, or merely further defines the functionality of the extension plate.
For the purposes of examination on the merits, Examiner takes the claim to structurally require the joint plate as the broadest reasonable interpretation of the unclear claim language, noting that the functional interpretation would fail to further limit the parent claim as an appropriately structured joint plate would be capable of functionally attaching as claimed regardless of the structure of the extension plate (e.g. via an adhesively attached pivot joint or the like).
With Respect to Claims 13-20
These claims are rejected as they depend from a rejected claim and so incorporate its indefinite scope.
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.
Claims 1- are rejected under 35 U.S.C. 103 as being unpatentable over WO 2008147256 to Carlsson (Carlsson)in view of DE 102016009753 to Riehmann (Riehmann).
With Respect to Claim 1
Carlsson discloses a harness for carrying outdoor power equipment, the harness comprising: a back plate (4); a joint plate (4) configured to pivotably operably couple to the extension plate or the back plate; a shoulder strap assembly (6) operably coupled to the joint plate; and a belt (8) operably coupled to the back plate and configured to rest proximate to a waist of an operator, wherein the joint plate is configured to pivot relative to the back plate responsive to movement of the operator wearing the harness, and the desirability of adjusting the height of the combined back plate and joint plate to different sized users to enhance user comfort; but does not disclose an extension plate removably operably coupled to the back plate, wherein the extension plate is disposable between the back plate and the joint plate to be fixed relative to the back plate, and wherein the joint plate is configured to pivot relative to the extension plate responsive to movement of the operator wearing the harness.
However, Riehmann discloses the use of an optional extension plate (51) removably operably coupled to the back plate, wherein the extension plate is disposable between the back plate and the shoulder strap assembly to be fixed relative to the back plate, such that the back plate can attach directly to the shoulder straps without the extension plate or can attach to the shoulder straps via the extension plate, in order to match the harness/backpack rear height to different users to enhance user comfort.
It would have been obvious to one of ordinary skill in the art before the filing date of this application, given the disclosure of Riehmann, to add an extension plate similar to that of Riehmann between the back plate and the joint plate of Carlsson, in order to adjust the height of the harness/backpack to suit a wider range of wearers and/or enhance user comfort. It is noted that adding the extension plate between the joint plate (4) and back plate (5) will maintain the pivotal motion of the joint plate relative to the rear plate structure, while adding an extension plate located at the top of the joint plate to attach it directly to the shoulder straps would result in a lower pivot point relative to the shoulder strap attachment, and so it is Examiner’s position that adding the extension plate between the joint plate (4) and back plate (5) is obvious in view of the disclosures of Carlsson and Riehmann.
With Respect to Claim 2
The harness of claim 1, further comprising a leg plate (9) operably coupled to the harness and configured to support an outdoor power equipment device (capable of this use which is also the intended use, noting e.g. 10).
With Respect to Claim 3
The harness of claim 1, wherein the back plate comprises a plate member with at least three retention orifices (13a-c) formed therein, wherein each retention orifice corresponds to a different size of the harness, and wherein the joint plate and the extension plate are each configured to operably couple to the retention orifices (it is Examiner’s position that it would be obvious to attach the joint plate and the extension plate using the same attachment mechanism in order to simplify the design by not adding additional attachment mechanisms).
With Respect to Claim 4
The harness of claim 3, wherein each retention orifice is substantially circular in shape, wherein each retention orifice comprises a guide slot (15) centered along a longitudinal axis of the back plate (FIG. 2a), and that the guide slot receives a stop means to limit the turning radius of the joint plate (4); but does not disclose a pair of diametrically opposed guide slots centered along a longitudinal axis of the back plate.
However, it would have been obvious to one of ordinary skill in the art before the filing date of this application to add a second, diametrically opposed guide slot and corresponding second stop means (20), in order to provide two stop means to spread the force of stopping to reduce wear and tear and likelihood of breakage, and/or as doing so constitutes at most a mere duplication of parts which does not patentably distinguish over the prior art (MPEP 2144.04).
With Respect to Claim 5
The harness of claim 4, wherein the extension plate comprises a base portion (noting plate portion) and a retention clip (16) configured to operably couple with the retention orifices in the back plate and comprising a pair of diametrically opposed guide protrusions that align with the diametrically opposed guide slots of the retention orifices, and Riehmann discloses using multiple connection points for the extension plate to secure it to the back plate; but does not disclose, a first retention clip and a second retention clip, the first and second retention clips being configured to operably couple with the retention orifices in the back plate, and wherein the first and second retention clips each comprise a pair of diametrically opposed guide protrusions that align with the diametrically opposed guide slots of the retention orifices.
However, it would have been obvious to one of ordinary skill in the art before the filing date of this application, given the disclosure of Riehmann to use multiple connection points between the extension plate and the back plate, to add a second retention clip to operably couple with a second orifice, in order to maintain the extension plate in position relative to the back plate during use (i.e. to prevent relative rotation of these parts), and/or as doing so constitutes at most a mere duplication of parts which does not patentably distinguish over the prior art (MPEP 2144.04). With this modification, all of the limitations of the claim are met.
With Respect to Claim 6
The harness of claim 5, wherein the first and second retention clips are configured to operably couple to respective ones of the retention orifices of the back plate via snap fits.
With Respect to Claim 7
The harness of claim 5, wherein the extension plate further comprises an extended retention orifice (orifice to mate with the clip of 4, designated 13d for ease of reference) axially aligned with the first and second retention clips (this is obvious as part of the combination in order to attach the joint plate (4) to the extension plate using the same attachment structure).
With Respect to Claim 8
The harness of claim 7, wherein the extended retention orifice (13d) is axially aligned along the longitudinal axis of the back plate when the extension plate is operably coupled to the back plate.
With Respect to Claim 9
The harness of claim 8, wherein the joint plate is configured to pivotably operably couple to one of the retention orifices (13a-c) on the back plate, or to the extended retention orifice (13d) when the extension plate is operably coupled to the back plate.
With Respect to Claim 11
An extension plate for a harness for operating outdoor power equipment, the extension plate comprising: a base portion (plate portion); a first retention clip (16) formed in the base portion and configured to operably couple the extension plate to a back plate (5) of the harness; a second retention clip (duplicate 16, see the rejection of claim 5 above for details) formed in the base portion and configured to operably couple the extension plate to the back plate; and an extended retention orifice (13d) formed in the base portion and axially aligned with the first and second retention clips, wherein the extension plate is fixed relative to the back plate when the extension plate is operably coupled to the back plate, and wherein the first and second retention clips (16) are axially aligned along a longitudinal axis of the extension plate.
With Respect to Claim 12
The extension plate of claim 11, wherein a joint plate (4) is configured to pivotably operably couple to the harness via the extension plate.
With Respect to Claim 13
The extension plate of claim 12, wherein the extension plate is configured to operably couple to the back plate (5), wherein the back plate comprises a plate member with at least three retention orifices (13a-b) formed therein, wherein each retention orifice corresponds to a different size of the harness, and wherein each retention orifice comprises a pair of diametrically opposed guide slots (15 and duplicate 15 per obvious duplication of parts and/or to spread stopping force, see the rejection of claim 4 above for details) centered along a longitudinal axis of the back plate.
With Respect to Claim 14
The extension plate of claim 13, wherein the first and second retention clips (16) are configured to operably couple with respective ones of the retention orifices (13a-b), and wherein the first and second retention clips each comprise a pair of diametrically opposed guide protrusions (20) configured to align with the guide slots (15).
With Respect to Claim 15
The extension plate of claim 14, wherein the first and second retention clips are configured to operably couple to respective ones of the retention orifices via snap fits.
With Respect to Claim 16
The extension plate of claim 14, wherein the extension plate further comprises an extended retention orifice (13d) axially aligned with the first and second retention clips.
With Respect to Claim 17
The extension plate of claim 16, wherein the extended retention orifice (13d) is axially aligned along the longitudinal axis of the back plate when the extension plate is operably coupled to the back plate.
With Respect to Claim 18
The extension plate of claim 17, wherein the joint plate (4) is configured to pivotably operably couple to the extension plate at the extended retention orifice (13d) (capable of this use which is also the intended use, noting connection via 16).
With Respect to Claim 19
The extension plate of claim 18, wherein the joint plate (4) is configured to operably couple to the extension plate via a pivotable retention clip (16), the pivotable retention clip comprising: a pair of diametrically opposed guide members (20 and duplicate 20); and a locking member (18) disposed on a perimeter of the pivotable retention clip between the guide members.
Allowable Subject Matter
Claims 10 and 19 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: Carlsson and Riehmann do not disclose the subject matter of claims 10 or 20; U.S. Patent #5,954,250 discloses a similar pivoting connection comprising diametrically opposed guide members that align with guide slots of a retention orifice before coupling and misalign after coupling, but lacks a locking member as claimed; U.S. Patent Publication #2007/0023468 discloses a somewhat similar guide member, guide slot and locking member structure, but is designed to lock in a single orientation and requires unlocking to move between different angular orientations while , and so does not provide sufficient motivation to modify the structure of Carlsson/the combination to add a locking member as claimed, absent impermissible hindsight; additionally, none of the other prior art of record, alone or in combination, renders obvious the claimed subject matter.
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 ADAM J WAGGENSPACK whose telephone number is (571)270-7418. The examiner can normally be reached M-F 8:30-4:30.
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, Nathan Newhouse can be reached at (571)272-4544. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ADAM J WAGGENSPACK/Primary Examiner, Art Unit 3734
