Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Specification
2. The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: the specification makes no mention of the “adjusting button” as recited in claim 7.
Drawings
3. 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 adjusting button, as recited in claim 7, 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.
4. Claims 1-14 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.
Regarding claims 1 and 11, the scope of “a second adjusting member” is unclear. At face value, the term “member” seems to suggest a single adjusting member 200. This also makes sense as claim 6 later sets forth two second adjusting members. However, claim 1 also recites the first adjusting member 100 having assembly members 110 at both ends thereof, where the assembly members 110 are “matched with” assembly parts 210 of the second adjusting member 200, and also where the assembly members 110 “are assembled with” the assembly parts 210 of the second adjusting member 200. Both of these limitations seem to require two adjusting members 200 as each assembly member 110 is disclosed as respectively mating with a single adjusting member and these limitations require both assembly members 110 being assembled/used.
Regarding claim 5, the scope of the limitation “arranged in a direction far away” is unclear as the term “far” is relative and undefined.
Regarding claim 6, the scope of the limitation “arranged back to back” is unclear. “Back to back” normally means something along the lines of contacting each other and facing away from each other. The two second adjusting members 200 are clearly spaced apart and not contacting each other in typical back to back fashion.
Regarding claim 7, the scope of the limitation “as an axis of symmetry” is unclear. Perhaps this is meant to say “along an axis of symmetry”?
Regarding claim 8, the scope of the limitation “wherein one of the assembly member and the assembly member is a closed loop” is unclear. Perhaps this is meant to say “wherein one of the assembly members and assembly parts are”?
Claim Rejections - 35 USC § 102
5. 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.
6. 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.
7. Claims 1-7, 10, and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yeh (US 2005/0045686 A1).
Regarding claim 1, to the degrees the claim is understood, Yeh discloses an adjusting device for a shoulder strap of a bag (shoulder strap and bag both being claimed in combination due to the positive recitations “arranged along” and “connected with” near the end of the claim), comprising: a first adjusting member (20) arranged in a first direction (see Figures 2 and 6), wherein two ends (left and right) of the first adjusting member are provided with assembly members (21/22, see Figure 2); and a second adjusting member (one or both of left and right 11/12, see Figure 2) arranged in a second direction (see Figures 2 and 6), wherein the second adjusting member is provided with a plurality of assembly parts (see two halves/flanges that define each of 11/12) matched with the assembly members (21 is received behind these flange halves), and the assembly members are assembled with the assembly parts at different positions in the second direction to realize the assembly of the first adjusting member and the second adjusting member at different positions in the second direction (see “movably mounted” in [0022]); and wherein the second adjusting member is arranged along an adjusting direction (vertical) of the shoulder strap on the bag, and the first adjusting member is connected with the bag through the second adjusting member (see Figure 6).
Regarding claim 2, Yeh discloses the adjusting device for a shoulder strap of a bag according to claim 1, wherein the bag comprises the shoulder strap (30) and a bag body (31), the second adjusting member is fixed at a side of the bag body (see Figure 6), and the first adjusting member is connected with the shoulder strap (see Figure 6).
Regarding claim 3, Yeh discloses the adjusting device for a shoulder strap of a bag according to claim 2, wherein the shoulder strap is provided with an assembly cavity (see Figure 6 where 20 is shown embedded within a cavity of the shoulder strap body - see the dashed lines indicating the recessed perimeter of the first adjusting member within the strap body) along the first direction, the first adjusting member is partially hidden (see Figure 6) in the assembly cavity, and the assembly members are exposed at both ends of the assembly cavity (see Figure 6).
Regarding claim 4, Yeh discloses the adjusting device for a shoulder strap of a bag according to claim 2, wherein the second adjusting member (11/12) is arranged on the bag body along the direction (vertical) of the shoulder strap (see Figure 6).
Regarding claim 5, to the degree the claim is understood, Yeh discloses the adjusting device for a shoulder strap of a bag according to claim 4, wherein the assembly parts on the second adjusting member (11/12) are arranged in a direction far away from (see spacing in Figure 6) the first adjusting member (20).
Regarding claim 6, to the degree the claim is understood, Yeh discloses the adjusting device for a shoulder strap of a bag according to claim 5, wherein there are two second adjusting members (left 11/12 and right 11/12) that are symmetrically arranged on both sides (left and right) of the first adjusting member, and the assembly parts on the two second adjusting members are arranged back to back (assuming the right-most edge of the left 11/12 is it’s “back” and the left-most edge of the right 11/12 it it’s “back” - see Figure 2).
Regarding claim 7, to the degree the claim is understood, Yeh discloses the adjusting device for a shoulder strap of a bag according to claim 6, wherein the two second adjusting members (11/12) are arranged symmetrically with the first adjusting member as an axis of symmetry (see Figures where 11/12 are symmetrical with respect to 20).
Regarding claim 10, Yeh discloses the adjusting device for a shoulder strap of a bag according to claim 1, wherein the bag is a backpack (see Figures).
Regarding claim 15, Yeh discloses an adjusting device for a shoulder strap of a bag (shoulder strap and bag both being claimed in combination due to the positive recitation “connected with” near the end of the claim), comprising a first adjusting member (20) arranged in a first direction (see Figures 2 and 6) and a second adjusting member (one or both of left and right 11/12, see Figure 2) arranged in a second direction (see Figures 2 and 6), wherein the first adjusting member and the second adjusting member are engaged and connected in the second direction (see Figures); and wherein, the second adjusting member is arranged along an adjusting direction (vertical) of the shoulder strap on the bag, the first adjusting member is connected with the shoulder strap (30, see Figure 6), and the first adjusting member is connected with the bag (31) through the second adjusting member (see Figures).
8. Claims 1, 2, 4-8, 10, and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Di Stasio (EP 4260754 B1).
Regarding claim 1, to the degrees the claim is understood, Di Stasio discloses an adjusting device for a shoulder strap of a bag (shoulder strap and bag both being claimed in combination due to the positive recitations “arranged along” and “connected with” near the end of the claim), comprising: a first adjusting member (7) arranged in a first direction (see Figure 2), wherein two ends (left and right) of the first adjusting member are provided with assembly members (48, see Figure 2); and a second adjusting member (one or both of left and right 46, see Figure 2) arranged in a second direction (see Figure 2), wherein the second adjusting member is provided with a plurality of assembly parts (47) matched with the assembly members (48 being received within 47), and the assembly members are assembled with the assembly parts at different positions (different ones of 47) in the second direction to realize the assembly of the first adjusting member and the second adjusting member at different positions in the second direction (see Figures); and wherein the second adjusting member is arranged along an adjusting direction (vertical) of the shoulder strap on the bag, and the first adjusting member is connected with the bag through the second adjusting member (see Figure 1).
Regarding claim 2, Di Stasio discloses the adjusting device for a shoulder strap of a bag according to claim 1, wherein the bag comprises the shoulder strap (8) and a bag body (12), the second adjusting member is fixed at a side of the bag body (see Figure s), and the first adjusting member is connected with the shoulder strap (see Figure s).
Regarding claim 4, Di Stasio discloses the adjusting device for a shoulder strap of a bag according to claim 2, wherein the second adjusting member (46) is arranged on the bag body along the direction (vertical) of the shoulder strap (see Figure 2).
Regarding claim 5, to the degree the claim is understood, Di Stasio discloses the adjusting device for a shoulder strap of a bag according to claim 4, wherein the assembly parts (47) on the second adjusting member (46) are arranged in a direction far away from (see spacing in Figure 2) the first adjusting member (7).
Regarding claim 6, to the degree the claim is understood, Di Stasio discloses the adjusting device for a shoulder strap of a bag according to claim 5, wherein there are two second adjusting members (left 46 and right 46) that are symmetrically arranged on both sides (left and right) of the first adjusting member, and the assembly parts on the two second adjusting members are arranged back to back (assuming the right-most edge of the left 46 is it’s “back” and the left-most edge of the right 46 it it’s “back” - see Figure 2).
Regarding claim 7, to the degree the claim is understood, Di Stasio discloses the adjusting device for a shoulder strap of a bag according to claim 6, wherein the two second adjusting members (left and right 46) are arranged symmetrically with the first adjusting member as an axis of symmetry (see Figures where 46 are symmetrical with respect to 7).
Regarding claim 8, Di Stasio discloses the adjusting device for a shoulder strap of a bag according to claim 1, wherein one of the assembly member and the assembly member is a closed loop (47 is a closed loop), and the other is a groove structure (48 includes a groove opening); and the groove structure is provided with an adjusting button (outermost end of clip 48 that would be inserted into 47) for matching with the closed loop.
Regarding claim 10, Di Stasio discloses the adjusting device for a shoulder strap of a bag according to claim 1, wherein the bag is a backpack (see Figures).
Regarding claim 15, Di Stasio discloses an adjusting device for a shoulder strap of a bag (shoulder strap and bag both being claimed in combination due to the positive recitation “connected with” near the end of the claim), comprising a first adjusting member (7) arranged in a first direction (see Figure 2) and a second adjusting member (one or both of left and right 46, see Figure 2) arranged in a second direction (see Figure 2), wherein the first adjusting member and the second adjusting member are engaged and connected in the second direction (see Figures); and wherein, the second adjusting member is arranged along an adjusting direction (vertical) of the shoulder strap on the bag, the first adjusting member is connected with the shoulder strap (8), and the first adjusting member is connected with the bag (12) through the second adjusting member (see Figure 1).
Claim Rejections - 35 USC § 103
9. 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.
10. Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Di Stasio (EP 4260754 B1).
Regarding claim 11, to the degree the claim is understood, Di Stasio discloses an adjusting device for a shoulder strap of a bag (shoulder strap and bag both being claimed in combination due to the positive recitations “arranged along” and “connected with” near the end of the claim), comprising a first adjusting member (7) arranged in a first direction (see Figure 2), wherein two ends of the first adjusting member are provided with assembly members (48); and a second adjusting member (one or both of left and right 46, see Figure 2) arranged in a second direction, wherein the second adjusting member is provided with a plurality of assembly parts (47) matched with the assembly members; and wherein, the assembly members are assembled with the assembly parts at different positions in the second direction to realize the assembly of the first adjusting member and the second adjusting member at different positions in the second direction (see Figures); and the second adjusting member is arranged along an adjusting direction (vertical) of the shoulder strap (8) on the bag, and the first adjusting member is connected with the bag (12) through the second adjusting member (see Figure 1).
Di Stasio fails to disclose the assembly member (48) being a closed loop and the assembly part (47) being a groove. Di Stasio discloses the exact opposite of this, where the assembly member (48) is a groove and the assembly part (47) is a closed loop (see Figures). It would have been obvious to one having ordinary skill in the art at the time Applicant’s invention was effectively filed to have reversed the parts of Di Stasio such that the assembly member (48) included the closed loop and the assembly part (47) included the groove as it would have been readily apparent that the grooved clip and closed loops of Di Stasio would function to attach to one another in either order/arrangement. Furthermore, it has been held that a mere reversal of the essential working parts of a device involves only routine skill in the art. In re Einstein, 8 USPQ 167.
11. Claims 9, 11-14, and 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over Di Stasio (EP 4260754 B1) in view of Ross (US 2023/0270187 A1).
Regarding claim 11, to the degree the claim is understood, Di Stasio discloses an adjusting device for a shoulder strap of a bag (shoulder strap and bag both being claimed in combination due to the positive recitations “arranged along” and “connected with” near the end of the claim), comprising a first adjusting member (7) arranged in a first direction (see Figure 2), wherein two ends of the first adjusting member are provided with assembly members (48); and a second adjusting member (one or both of left and right 46, see Figure 2) arranged in a second direction, wherein the second adjusting member is provided with a plurality of assembly parts (47) matched with the assembly members; and wherein, the assembly members are assembled with the assembly parts at different positions in the second direction to realize the assembly of the first adjusting member and the second adjusting member at different positions in the second direction (see Figures); and the second adjusting member is arranged along an adjusting direction (vertical) of the shoulder strap (8) on the bag, and the first adjusting member is connected with the bag (12) through the second adjusting member (see Figure 1).
Di Stasio fails to disclose the assembly member (48) being a closed loop and the assembly part (47) being a groove. Di Stasio discloses the exact opposite of this, where the assembly member (48) is a groove and the assembly part (47) is a closed loop (see Figures). Ross teaches that it was also known for an article to be mounted on a support surface, similar to how the shoulder strap of Di Stasio is mounted to the bag, where the article includes a closed elastic loop (42) and the support surface includes a vertical series of grooves (28). It would have been obvious to one having ordinary skill in the art at the time Applicant’s invention was effectively filed to have replaced the assembly members (48) of Di Stasio with closed elastic loops like those of Ross and to have replaced the assembly parts (47) of Di Stasio with assembly parts having vertically spaced grooves like those of Ross as a mere substitution of one known mounting design for another. There is no inventive step in simply choosing between known mounting designs absent a showing of unexpected results.
Regarding claim 12, Di Stasio as modified above would include the adjusting device for a shoulder strap of a bag according to claim 11, wherein the assembly member is an elastic closed loop, as taught by Ross.
Regarding claim 13, Di Stasio as modified above would include the adjusting device for a shoulder strap of a bag according to claim 12, wherein both ends of the assembly member are respectively fixed at the ends of the first adjusting member and form the closed loop, as taught by Ross.
Regarding claim 14, Di Stasio as modified above would include the adjusting device for a shoulder strap of a bag according to claim 11, wherein the groove structure is a plurality of grooves, and the grooves are equidistantly distributed in the second direction, as taught by Ross.
Regarding claim 9, Di Stasio discloses the adjusting device for bag shoulder strap according to claim 8, but fails to disclose wherein the closed loop is composed of an elastic member, and both ends of the elastic member are fixed to the ends of the first adjusting member.
Regarding claim 16, Di Stasio discloses the adjusting device for a shoulder strap of a bag according to claim 15, but fails to disclose wherein both ends of the first adjusting member are provided with elastic members, and the elastic members are elastic ropes. Di Stasio discloses clips (48) instead of elastic loops.
Regarding claim 17, Di Stasio fails to disclose the adjusting device for a shoulder strap of a bag according to claim 16, and also fails to disclose wherein both ends of the elastic rope are respectively fixed at the ends of the first adjusting member to form a closed loop.
Regarding claim 18, Di Stasio fails to disclose the adjusting device for a shoulder strap of a bag according to claim 17, and also fails to disclose wherein the second adjusting member is provided with a plurality of grooves, and the grooves are equidistantly distributed in the second direction. Di Stasio discloses a series of vertical closed loops (47) instead of grooves.
Regarding claim 19, Di Stasio fails to disclose the adjusting device for a shoulder strap of a bag according to claim 18, and also fails to disclose wherein an adjusting buckle is arranged in the groove, and the adjusting buckle is hooked and connected with the elastic rope.
Regarding claim 20, Di Stasio fails to disclose the adjusting device for a shoulder strap of a bag according to claim 19, and also fails to disclose wherein the first adjusting member is hooked and connected to the second adjusting member through the adjusting buckle and the elastic rope, with the up-and-down position being changeable.
Ross teaches that it was also known for an article to be mounted on a support surface, similar to how the shoulder strap of Di Stasio is mounted to the bag, where the article includes a closed elastic loop (42) made of elastic rope having both ends fixed to the article and the support surface includes an adjusting member (30) with a vertical series of grooves (28) where an adjusting buckle is arranged in each grooves (an adjusting buckle is nothing more than the protruding hook part of element 28 in Ross - see adjusting buckle 230 in Applicant’s Figure 5). It would have been obvious to one having ordinary skill in the art at the time Applicant’s invention was effectively filed to have replaced the assembly members (48) of Di Stasio with closed elastic loops like those of Ross and to have replaced the assembly parts (47) of Di Stasio with assembly parts having vertically spaced grooves like those of Ross as a mere substitution of one known mounting design for another. There is no inventive step in simply choosing between known mounting designs absent a showing of unexpected results. This modification satisfies all of claims 9 and 16-20.
Conclusion
12. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUSTIN MATTHEW LARSON whose telephone number is (571)272-8649. The examiner can normally be reached Monday-Friday, 7am-3pm. 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. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JUSTIN M LARSON/Primary Examiner, Art Unit 3734 2/6/26