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 .
Claim Rejections - 35 USC § 112(b)
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 is 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 limitations "the T-shaped element" and “the bag”. There is insufficient antecedent basis for these limitations 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.
REJECTION BASED ON ROGERS
Claim(s) 1 and 6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent 5,881,933 to Rogers.
Regarding claim 1, Rogers discloses a hip pack system comprising: a pack (12 or 40; Col. 3, lines 33-39) having a storage compartment and one or more attachment points (bolts 13); a belt (Fig. 1) configured to be worn around a waist of a user, the belt having a track system (19, 20) that extends along a length of the belt; and a connection system (22) for coupling the pack to the track system of the belt, the connection system having a braking system (29) that restricts movement of the pack relative to the track system, wherein the track system defines a predetermined path of movement for the pack (Fig. 1).
Regarding claim 6, Rogers discloses wherein the pack is removable from the track system (at least via removal of bolts 13 – Figs. 2-3).
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.
REJECTION BASED ON ELFENBEIN
Claim(s) 1, 3-4, 13 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent 11,707,128 to Elfenbein in view of US Patent 9,877,555 to Tien.
Regarding claim 1, Elfenbein discloses a hip pack system comprising: a movable object (210); a belt (Fig. 8 – waist belt) configured to be worn around a waist of a user, the belt having a track system (160) that extends along a length of the belt; and a connection system (Figs. 12-13) for coupling the object to the track system of the belt, the connection system having a braking system (330, 335) that restricts movement of the pack relative to the track system, wherein the track system defines a predetermined path of movement for the pack (Fig. 8). Elfenbein discloses a pack (250) having a storage compartment, but fails to disclose it being movable. However, Tien discloses a waistbelt with a movable pack. It would have been obvious to one of ordinary skill to have used the track system to make the pack movable in Elfenbein because it would allow for customizing the belt to accommodate various user preferences. In the combination, the pack has a storage compartment (holding area of pack) and one or more attachment points (the attachment between the pack and the frame that attaches to the track).
Regarding claim 3, the combination from claim 1 discloses wherein the braking system comprises a first braking member (330 – Elfenbein) on a first side of the pack (the pack would be secured directly to and centered on channel 305, which would position the first braking member on a first half (side) of the pack) and a second braking system (335 – Elfenbein) on a second side of the pack (the pack would be secured directly to and centered on channel 305, which would position the second braking member on a second half (side) of the pack), wherein the first braking member is a one-way braking system that, when locked, permits the pack to move freely in a first direction and the second braking member is a one-way braking system that, when locked, permits the pack to move freely in a second direction that is opposite that of the first direction (Elfenbien Col. 6, lines 3-14).
Regarding claim 4, the combination from claim 1 discloses wherein the braking system comprises a first cam unit (330 – Elfenbien) on a first side of the pack and a second cam unit (335 – Elfenbien) a second side of the pack.
Regarding claim 13, Elfenbein as modified by Tien discloses a method of using a hip pack system comprising: providing a pack with a storage compartment (Elfenbein/Tien) and one or more attachment points (attachment between the pack and the channel 305 (Elfenbein)); attaching a belt around a waist of a user (Elfenbein Col. 6, lines 26-31), the belt having a track system (160 – Elfenbein) extending along its length; coupling the pack to the track system of the belt using a connection system (Elfenbein Figs. 12-13); and moving the position of the pack by releasing a braking system and sliding the connection system along the track system (Elfenbein Col. 7, lines 40-46).
Regarding claim 15, the combination from claim 1 discloses wherein moving the position of the pack comprises releasing at least one one-way braking system to permit the pack to move freely in one direction (Elfenbein Col. 7, lines 40-46).
REJECTION BASED ON LANDANO
Claim(s) 1, 8-9 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Published Application 2022/0183449 to Landano in view of US Patent 9,392,830 to Simmons.
Regarding claim 1, Landano discloses a hip pack system comprising: a pack (Fig. 1 – either of unnumbered bags) having a storage compartment (main compartment of bag) and one or more attachment points (attachment between bag and connection system – Fig. 5); a belt (belt in Fig. 1) configured to be worn around a waist of a user, the belt having a track system (20) that extends along a length of the belt; and a connection system (60) for coupling the pack to the track system of the belt, wherein the track system defines a predetermined path of movement for the pack (Fig. 1). Landano fails to disclose a braking system. However, Simmons disclose a waistbelt system for holding objects including a track having a braking system (810, 900). It would have been obvious to one of ordinary skill to have used Simmons’ track and braking system in Landano because it would allow for locking the pack in position as desired. In the combination, the pack would hang down from the button portion 805, 810 (Simmons), the portion 805 (Simmons) would be the connection system, and the structure securing the pack to 805 (Simmons) would be the attachment point(s).
Regarding claim 8, Landano as modified by Simmons discloses a hip pack system comprising: a pack (Landano Fig. 1) having a storage compartment (main compartment of bag – Landano Fig. 1); a belt having a track system (Simmons Fig. 3) that extends along at least a portion of its length; and a connection system (805/810;600-603 – Simmons Figs. 3, 5) for movably coupling the pack to the track system of the belt; wherein the connection system comprises an element that extends into a sleeve defined by the track system (Simmons Fig. 3) so that the pack can move along a predetermined path defined by the track system (Simmons Fig. 3).
Regarding claim 9, the combination from claim 8 discloses wherein the pack is restricted from vertical movement relative to the track system (Simmons Fig. 3).
Regarding claim 13, Landano as modified by Simmons discloses a method of using a hip pack system comprising: providing a pack (Landano Fig. 1) with a storage compartment (Landano Fig. 1 – main compartment of bag) and one or more attachment points (connection between bag (Landano) and 805 (Simmons)); attaching a belt around a waist of a user (Landano para. 0073), the belt having a track system extending along its length (Landano Fig. 1/Simmons Fig. 3); coupling the pack to the track system of the belt using a connection system (805/810/601-603 – Simmons Figs. 3, 5); and moving the position of the pack by releasing a braking system (810 – Simmons) and sliding the connection system along the track system (Simmons Fig. 3).
Claim(s) 2, 6-7 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Landano and Simmons, further in view of US Patent 3,004,519 to Weissman.
Regarding claim 2, the combination from claim 1 fails to disclose a T-shaped element. However, Weissman discloses a waistbelt system for holding objects including a T-shaped element (Fig. 7) and the track system comprises a sleeve (Fig. 8) that is sized to receive at least a portion of the T-shaped element, the T-shaped element being moveable along the track system in the predetermined path of movement and being restricted from vertical movement relative to the track system. It would have been obvious to one of ordinary skill to have used Weissman’s T-shaped element and sleeve in the combination because the modification only involves a simple substitution of one known, equivalent sliding element and track shape for another to obtain predictable results. In the combination, the pack would be attached to the protruding element 58 (Weissman – similar to how the held object in Weissman is connected to 58), and the stop button (810 – Simmons) would be on portion 56 (Weissman).
Regarding claim 6, the combination from claim 2 discloses wherein the pack is removable from the track system (Weissman Fig. 4 – 56 can be slid out of the end of the belt).
Regarding claim 7, the combination from claim 2 discloses wherein the bag is removable by moving the T-shaped element to an end of the track system, so that the T-shaped element exits the track system (Weissman Fig. 4 – 56 can be slid out of the end of the belt).
Regarding claim 14, Landano as modified by Simmons and Weissman discloses wherein moving the position of the pack comprises sliding a T-shaped element (Weissman Fig. 7) of the connection system along a sleeve (Weissman Fig. 8) of the track system.
Allowable Subject Matter
Claims 5 and 10-12 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The cited references disclose configurations similar to that disclosed by applicant.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SCOTT T MCNURLEN whose telephone number is (313)446-4898. The examiner can normally be reached M-F 8am-5pm.
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/SCOTT T MCNURLEN/Primary Examiner, Art Unit 3734