DETAILED ACTION
This Non-Final Office Action is in response to the above identified patent application filed on October 15, 2024. Claims 1 – 20 are pending and currently being examined.
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, (“wherein the first wing comprises a pouch” as recited in Claim 10, line 1 & Claim 19, line 1) 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.
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, (“a second wing tab member (53) removably securable to the first wing tab member (53)” as recited in Claim 12, lines 6 & 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 § 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1 – 9 & 12 – 18 are rejected under 35 U.S.C. 103 as being unpatentable over (U.S. Patent Publication Number 2006 / 0206992 A1) to Godshaw et al., in view of (U.S. Patent Publication Number 2008 / 0210729 A1) to Pittman et al.
Regarding claim 1, Godshaw et al., discloses the belt apparatus (See Figures 7 & 8), comprising:
the transfer pad (82);
the first wing (80) removably securable (i.e. via (88, 92 & 94) in Figure 7) to the transfer pad (82), wherein the first wing (80) comprises the end (See Figures 7 & 8); and
the second wing (84) removably securable to the transfer pad (82), wherein the second wing (84) comprises the end,
wherein, when the end of the first wing (80) is connected to the end (See Figures 7 & 8) of the second wing (84) and the first and second wings (80 & 84) are secured to the transfer pad (82).
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However, Godshaw et al., does not explicitly disclose the male connector end; the female connector end; and frustoconical.
Pittman et al., teaches wherein the first wing (14) comprises the male connector end (34); wherein the second wing (12) comprises the female connector end (32) (See Figure 1), wherein, when the male connector end (34) of the first wing (14) is connected to the female connector end (32) of the second wing (12); and the transfer pad (16) and the first and second wings (14 & 12) are frustoconical (i.e. Conically Shape w Smaller Diameter along the Top Surface (26) and a Larger Bottom Diameter along Lower Surface (28)) (See Paragraph 0012) (See Figure 1).
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to make the male connector end; the female connector end; and the transfer pad and the first and second wings are frustoconical as taught by Pittman et al., with the belt apparatus of Godshaw et al., in order to secure the belt around the wearer and provide a comfort fit (See Paragraph 0012).
Regarding claim 2, Godshaw et al., discloses wherein the transfer pad (82) comprises integrated top (96), middle (i.e. Central Portion of (82) in Figure 7) and bottom members (98) (See Figure 7).
Regarding claim 3, Godshaw et al., discloses wherein the transfer pad (82) is formed with the crease (i.e. Upper Folded Portion of (82) in Figures 7 & 8) between the top and middle members (i.e. (96) & Central Portion of (82) in Figure 7).
Regarding claim 4, Godshaw et al., discloses wherein the transfer pad (82) is formed with the crease (i.e. Lower Folded Portion of (82) in Figures 7 & 8) between the middle and bottom members (i.e. (Central Portion of (82) in Figure 7) & (98)) (See Figure 7).
Regarding claim 5, Godshaw et al., discloses wherein the first wing (80) comprises the first wing pad end (i.e. via End Portion of (80) in Figure 7) removably secured (i.e. via (88, 92 & 94) in Figure 7) to the middle member (i.e. Central Portion of (82) in Figure 7) of the transfer pad (82), and wherein the second wing (84) comprises the second wing pad end (i.e. End Portion of (84) in Figure 7) removably secured (i.e. via (88, 92 & 94) in Figure 7) to the middle member (i.e. Central Portion of (82) in Figure 7) of the transfer pad (16).
Regarding claim 6, Godshaw et al., discloses wherein each of the first and second tab members (i.e. Left & Right (88) in Figure 7) comprises an inner face and an outer face, wherein the inner face (i.e. Inside Face) of each of the first and second tab members (i.e. Left & Right (88) in Figure 7) is removably secured to the middle member (i.e. Middle Portion of (82) in Figure 7) of the transfer pad (16), and further wherein the bottom member (98) of the transfer pad (82) is secured to the outer face of each of the first and second tab members (i.e. Left & Right (88) in Figure 7) (See Figure 8).
Regarding claim 7, Godshaw et al., discloses wherein the top member (96) of the transfer pad (82) is secured (i.e. via Hook & Loop Fasteners (100 & 102) in Figures 7 & 8) to the bottom member (98) of the transfer pad (82) (See Figures 7 & 8).
Regarding claim 8, Godshaw et al., discloses wherein the first wing (80) comprises the first wing inner edge (i.e. Inner Edge Portion of (80) adjacent (90) in Figure 7) comprising the first width (i.e. Wide Width Portion of (80) in Figures 7 & 8), the first wing outer edge (i.e. Outer Edge Portion of (80) in Figure 7) comprising the second width (i.e. Narrow Width Portion of (80) in Figures 7 & 8) and the first wing tab member (i.e. Left (110) in Figures 7 & 8) tapering from the first wing inner edge (i.e. Inner Edge Portion adjacent (90) in Figure 7) to the first wing outer edge (i.e. Outer Edge Portion of (80) in Figure 7), wherein the first width (i.e. Wide Width Portion of (80) in Figures 7 & 8) is greater than the second width (i.e. Narrow Width Portion of (80) in Figures 7 & 8).
Regarding claim 9, Godshaw et al., discloses wherein the second wing (84) comprises a second wing inner edge (i.e. Edge Portion of (84) adjacent (90) in Figure 7) comprising the third width (i.e. Wide Width Portion of (84) in Figures 7 & 8), a second wing outer edge (i.e. Outer Edge Portion of (80) in Figure 7) comprising the fourth width (i.e. Narrow Width Portion of (84) in Figures 7 & 8) and the second wing tab member (i.e. Right (110) in Figures 7 & 8) tapering from the second wing inner edge (i.e. Edge Portion of (84) adjacent (90) in Figure 7) to the second wing outer edge (i.e. Outer Edge Portion of (80) in Figure 7), wherein the third width (i.e. Wide Width Portion of (80) in Figures 7 & 8) is greater than the fourth width (i.e. Narrow Width Portion of (84) in Figures 7 & 8).
Regarding claim 12, Godshaw et al., discloses the belt apparatus (See Figures 7 & 8), comprising:
the transfer pad (82) comprising integrated top, middle and bottom members (96, Central Portion of (82) & 98) (See Figure 7);
the first wing (80) comprising the first wing pad end (i.e. via End Portion of (80) in Figure 7) removably securable (i.e. via (88 & 92) in Figure 7) to the transfer pad (82) and the first wing tab member (i.e. Left (110) in Figures 7 & 8); and
the second wing (84) comprising the second wing pad end (i.e. via End Portion of (84) in Figure 7) removably securable (i.e. via (88 & 92) in Figure 7) to the transfer pad (82) and the second wing tab member (i.e. Right (110) in Figures 7 & 8).
However, Godshaw et al., does not explicitly disclose the second wing tab member (i.e. Right (110) in Figures 7 & 8) removably securable to the first wing tab member (i.e. Left (110) in Figures 7 & 8).
Pittman et al., teaches the second wing tab member (22) removably securable (i.e. via (18, 20 & 30) in Figure 2) to the first wing tab member (24).
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to make to make a second wing tab member removably securable to the first wing tab member as taught by Pittman et al., with the belt apparatus of Godshaw et al., in order to allow the belt to rotate / hinge to adjust for wider or narrower hips sizes of the wearer (See Paragraph 0012).
Regarding claim 13, Godshaw et al., discloses wherein the first wing end pad (i.e. via End Portion of (80) in Figure 7) and the second wing end pad (i.e. via End Portion of (84) in Figure 7) are removably securable (i.e. via (88 & 92) in Figure 7) to the middle member (i.e. Middle Portion of (82) in Figure 2) of the transfer pad (82).
Regarding claim 14, Godshaw et al., discloses wherein each of the first and second tab members (i.e. Left & Right (88) in Figure 7) comprises an inner face and an outer face, wherein the inner face of each of the first and second tab members (i.e. Left & Right (88) in Figure 7) is removably secured to the middle member (i.e. Middle Portion of (82) in Figure 7) of the transfer pad (82), and further wherein the bottom member (98) of the transfer pad (82) is secured to the outer face of each of the first and second tab members (i.e. Left & Right (88) in Figure 7) (See Figure 8).
Regarding claim 15, Godshaw et al., discloses wherein each of the first and second tab members (i.e. Left & Right (88) in Figure 7) comprises an inner face and an outer face, wherein the inner face of each of the first and second tab members (i.e. Left & Right (88) in Figure 7) is removably secured to the middle member (i.e. Middle Portion of (82) in Figure 7) of the transfer pad (82), and further wherein the top member (96) of the transfer pad (82) is secured to the outer face of each of the first and second tab members (i.e. Left & Right (88) in Figure 7) (See Figure 8).
Regarding claim 16, Godshaw et al., discloses wherein the top member (96) of the transfer pad (82) is secured (i.e. via Hook & Loop Fasteners (100 & 102) in Figure 7) to the bottom member (98) of the transfer pad (82) (See Figures 7 & 8).
Regarding claim 17, Godshaw et al., discloses wherein the first wing (80) comprises the first wing inner edge (i.e. Inner Edge Portion of (80) adjacent (90) in Figure 7) comprising the first width (i.e. Wide Width Portion of (80) in Figures 7 & 8), a first wing outer edge (i.e. Outer Edge Portion of (80) in Figure 7) comprising the second width (i.e. Narrow Width Portion of (80) in Figures 7 & 8) and wherein the first wing tab member (i.e. Left (110) in Figure 7) tapers from the first wing inner edge (i.e. Inner Edge Portion of (80) adjacent (90) in Figure 7) to the first wing outer edge (i.e. Outer Edge Portion of (80) in Figure 7), wherein the first width (i.e. Wide Width Portion of (80) in Figures 7 & 8) is greater than the second width (i.e. Narrow Width Portion of (80) in Figures 7 & 8).
Regarding claim 18, Godshaw et al., discloses wherein the second wing (84) comprises the second wing inner edge (i.e. Inner Edge Portion of (84) adjacent (90) in Figure 7) comprising the third width (i.e. Wide Width Portion of (84) in Figures 7 & 8), the second wing outer edge (i.e. Outer Edge Portion of (84) in Figure 7) comprising the fourth width (i.e. Narrow Width Portion of (84) in Figures 7 & 8) and the second wing tab member (i.e. Right (110) in Figure 7) tapering from the second wing inner edge (i.e. Inner Edge Portion of (84) adjacent (90) in Figure 7) to the second wing outer edge (i.e. Outer Edge Portion of (84) in Figure 7), wherein the third width (i.e. Wide Width Portion of (84) in Figures 7 & 8) is greater than the fourth width (i.e. Narrow Width Portion of (84) in Figures 7 & 8).
Claim(s) 10 & 19 are rejected under 35 U.S.C. 103 as being unpatentable over (U.S. Patent Publication Number 2006 / 0206992 A1) to Godshaw et al., and (U.S. Patent Publication Number 2008 / 0210729 A1) to Pittman et al., as applied to claim 1 above, and further in view of (U.S. Patent Number 9,289,051 B1) to Capps.
Regarding claim 10, Godshaw et al., as modified by above lacks and does not explicitly disclose the pouch.
Capps teaches wherein the first wing (i.e. Left Wing of (10) in Figure 1) comprises the pouch (50 or 60 or 80 or 90) (i.e. Personal Item Pouch or Stethoscope Chest Piece Holder or Pen Holder or Communication Compartment) (See Figures 1, 3A, 8A & 9A) for the purpose of storing personal items (See Column 5, lines 20 – 36).
It would have been obvious to one having ordinary skill the art at the time the invention was effectively filed to make the first wing comprises the pouch as taught by Capps with the belt apparatus of Godshaw et al., in order to store personal items.
Regarding claim 19, Godshaw et al., as modified by Cobbs discloses wherein the first wing (i.e. Left Wing of (10) in Figure 1) comprises the pouch (50 or 60 or 80 or 90) (i.e. Personal Item Pouch or Stethoscope Chest Piece Holder or Pen Holder or Communication Compartment) (See Column 5, lines 20 – 36) (See Figures 1, 3A, 8A & 9A).
Claim(s) 11 & 20 are rejected under 35 U.S.C. 103 as being unpatentable over (U.S. Patent Publication Number 2006 / 0206992 A1) to Godshaw et al., and (U.S. Patent Publication Number 2008 / 0210729 A1) to Pittman et al., as applied to claim 1 above, and further in view of (U.S. Patent Publication Number 2008 / 0264993 A1) to Schulte et al.
Regarding claim 11, Godshaw et al., discloses the first wing (80) (See Figures 7 & 8).
However, Godshaw et al., as modified by above lacks and does not explicitly disclose comprising an elasticized slot.
Schulte et al., discloses comprises an elasticized slot (67 & 69) (See Figure 14) for the purpose of providing stretchable retention to store items (See Paragraph 0047).
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to make an elasticized slot as taught by Schulte et al., with the belt apparatus of Godshaw in order to provide stretchable retention to hold and store items (See Paragraph 0047).
Regarding claim 20, Godshaw et al., discloses the first wing (80) (See Figures 7 & 8).
Furthermore, Godshaw et al., as modified by Schulte et al., discloses wherein the first wing (14) comprises an elasticized slot (67 & 69) (See Paragraph 0047) (See Figure 14).
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 LESTER L VANTERPOOL whose telephone number is (571)272-8028. The examiner can normally be reached 8:30-5:00.
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/L.L.V/Examiner, Art Unit 3734
/NATHAN J NEWHOUSE/Supervisory Patent Examiner, Art Unit 3734