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 § 102
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 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.
Claim(s) 1-4, and 9-27 is/are rejected under 35 U.S.C. 102a(1) as being anticipated by US 6892392 (Crye et al.).
Regarding claim 1, ‘392 discloses: a mounting accessory [system of closed cell 32 foam pads; shown in figs. 2 and 3 affixed to the inside of each vest section] for an armor carrier carrying a ballistic plate donned by a wearer [this recitation is a stated intended use in the preamble that has no patentable weight; for completeness it is noted that the foam pad system is used for an armor carrier carrying a ballistic plate shown explicitly in figs. 2 and 3], comprising:
one or more resilient members [pads 60, 62, 65, 66, 68, 70 of the pad system 32; resilient foam par. 7, description of the preferred embodiments] for projecting from an inside surface of the armor carrier [shown explicitly in figs. 2 and 3], the one or more resilient members each having a respective first contoured surface having a first surface topography matching a corresponding region of the wearer's body [shown explicitly in figs. 2 and 3] and a respective second surface opposite the respective first contoured surface having a second surface topography for attachment on the inside surface of the armor carrier [shown explicitly in figs. 2 and 3], the respective first contoured surface and the respective second contoured surface defining a thickness therebetween [shown explicitly in figs. 2 and 3], the thickness increasing in a direction from a center towards at least one lateral edge of each of the one or more resilient members [shown explicitly in figs. 2 and 3];
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wherein the first surface topography and the second surface topography of each of the one or more resilient members are cooperatively configured to position the ballistic plate in an aligned disposition with respect to the wearer's torso [shown explicitly in figs. 2 and 3; and this claimed functional capability is inherently shown in fig. 2 as the “aligned disposition with respect the wearer’s torso” is subjective to each user; the in use disposition in fig. 2 is “aligned” with respect to the torso].
Regarding claim 2, ‘392 discloses: wherein the one or more resilient members [system of pads 32] include one or more straps [34, 36] for attaching the resilient members to the armor carrier [par. 13, description states, “Although not shown in the drawings, the vest 22 should be provided with a size arrangement, such as belts, straps, or ties to adjust the armor 20 for a snug and comfortable fit on the wearer. For example a single cord may be laced through an array of grommets or cord holes on opposing hems of the vest sections 24, 25 at the front and the rear of the vest, in a corset-like arrangement.”; these straps would function to attach all elements of the vest sections 24 and 25 including the system of pads within the vest sections].
Regarding claims 3 and 4, ‘392 discloses: each one of the one or more resilient members include an attachment device for removably attaching the resilient member to the interior side of the armor carrier per claim 3 and the attachment device comprises a hook and loop fastener per claim 4 [in par. 8, ’392 states, “The pad system 32 for each vest section 24, 25 is comprised of multiple repositionable pads provided with fastening means for adjustable positioning on the interior surface of the vest sections. Preferably, each pad is provided with one part of a hook and loop fastener system.”].
Regarding claim 9, ‘392 discloses: the one or more resilient members substantially conform to the wearer's torso [in par. 7, ‘392 states, “Each of the pads 60, 62, 65, 66, 68, 70 of the pad system 32 is formed of an open mesh fabric which encloses a closed cell foam resilient block. ”; resilient material will inherently to at least some degree ‘substantially conform’ to the surface it contacts under the weight of the complete armor carrier and movement forces of the wearer; and since the wearer’s size is near infinite a larger wearer will cause more “conforming” of the resilient material].
Regarding claims 10, 12 and 13, ‘392 discloses: the one or more resilient members include at least one/at least two pectoral member(s) [65 on both plates 48; fig. 1] configured to rest, match and/or conform to the wearer's pectoral mass, profile and/or region when making contact under the weight of the armor carrier [in par. 7, ‘392 states, “Each of the pads 60, 62, 65, 66, 68, 70 of the pad system 32 is formed of an open mesh fabric which encloses a closed cell foam resilient block. ”; fig. 3 shows all pads matching the profile of whatever body part it rests upon; resilient material will inherently to at least some degree ‘substantially conform’ to the surface it contacts under the weight of the complete armor carrier and movement forces of the wearer; and since the wearer’s size is near infinite a larger wearer will cause more “conforming” of the resilient material].
Regarding claims 11, 14 and 15, ‘392 discloses: the one or more resilient members include at least one/at least two abdominal member(s) [66; 68; 70] configured to rest, match, and/or conform to the wearer's abdominal mass, profile and/or region when making contact under the weight of the armor carrier [in par. 7, ‘392 states, “Each of the pads 60, 62, 65, 66, 68, 70 of the pad system 32 is formed of an open mesh fabric which encloses a closed cell foam resilient block. ”; fig. 3 shows all pads matching the profile of whatever body part it rests upon; resilient material will inherently to at least some degree ‘substantially conform’ to the surface it contacts under the weight of the complete armor carrier and movement forces of the wearer; and since the wearer’s size is near infinite a larger wearer will cause more “conforming” of the resilient material].
Regarding claim 16, ‘392 discloses: the two distinct pectoral members [65; fig. 1] are mirrored image embodiments of one another [shown explicitly/inherently in fig. 1; as pads 65 are understood to be under both right and left sections, inherently in a mirror image to one another.].
Regarding claim 17, ‘392 discloses: the aligned disposition comprises the ballistic plate being substantially parallel to the wearer's torso [fig. 2 shows the device in use with ballistic plate ‘substantially parallel to the wearer’s torso].
Regarding claim 18, ‘392 discloses: a mounting accessory for an armor carrier carrying a ballistic plate donned by a wearer [system of closed cell 32 foam pads; shown in figs. 2 and 3 affixed to the inside of each vest section], the ballistic plate configured for spanning the wearer's torso over the wearer's pectoral mass and abdominal region [ballistic plates are shown in fig. 1 spanning areas that do span over a user’s pectoral and abdominal mass/regions], the mounting accessory comprising:
one or more pectoral members for projecting from an inside upper surface of the armor carrier [spacer pads 65], the one or more pectoral members including a first contoured surface substantially matching the profile of the wearer's pectoral mass [in par. 7, ‘392 states, “Each of the pads 60, 62, 65, 66, 68, 70 of the pad system 32 is formed of an open mesh fabric which encloses a closed cell foam resilient block. ”; fig. 3 shows all pads matching the profile of whatever body part it rests upon; resilient material will inherently to at least some degree ‘substantially conform’ to the surface it contacts under the weight of the complete armor carrier and movement forces of the wearer; and since the wearer’s size is near infinite a larger wearer will cause more “conforming” of the resilient material]; and
one or more abdominal members for projecting from an inside lower surface of the armor carrier [66; 68; 70; fig. 1], the one or more abdominal members including a first contoured surface substantially matching the profile of the wearer's abdominal region [in par. 7, ‘392 states, “Each of the pads 60, 62, 65, 66, 68, 70 of the pad system 32 is formed of an open mesh fabric which encloses a closed cell foam resilient block. ”; fig. 3 shows all pads matching the profile of whatever body part it rests upon; resilient material will inherently to at least some degree ‘substantially conform’ to the surface it contacts under the weight of the complete armor carrier and movement forces of the wearer; and since the wearer’s size is near infinite a larger wearer will cause more “conforming” of the resilient material];
wherein the pectoral members and the abdominal members are configured to position the ballistic plate in an aligned substantially parallel disposition with respect to the wearer's torso [shown explicitly in figs. 1, 2 and 3; and this claimed functional capability is inherently shown in fig. 2 as the pads to function to provide the vest plates in an “aligned disposition with respect the wearer’s torso”, which is subjective to each user; the in use disposition in fig. 2 is “aligned” with respect to the torso].
Regarding claim 19, ‘392 discloses: the one or more pectoral members and the one or more abdominal members are removably attachable to the armor carrier [in par. 8, ’392 states, “The pad system 32 for each vest section 24, 25 is comprised of multiple repositionable pads provided with fastening means for adjustable positioning on the interior surface of the vest sections. Preferably, each pad is provided with one part of a hook and loop fastener system.”].
Regarding claim 20, ‘392 discloses: the one or more pectoral members and the one or more abdominal members substantially conform to the wearer's upper and lower torso, respectively [in par. 7, ‘392 states, “Each of the pads 60, 62, 65, 66, 68, 70 of the pad system 32 is formed of an open mesh fabric which encloses a closed cell foam resilient block. ”; fig. 3 shows all pads matching the profile of whatever body part it rests upon including pectoral and abdominal resting on upper and lower torso, respectively; resilient material will inherently to at least some degree ‘substantially conform’ to the surface it contacts under the weight of the complete armor carrier and movement forces of the wearer; and since the wearer’s size is near infinite a larger wearer will cause even more “conforming” of the resilient material].
Regarding claim 21, ‘392 discloses: the aligned disposition comprises the ballistic plate being substantially parallel to the wearer's torso [fig. 2 shows the device in use with all ballistic plates in a “substantially parallel to the torso” configuration].
Regarding claim 22, ‘392 discloses: each one of the one or more pectoral members and the one or more abdominal members include an attachment device for attaching the resilient member to the interior side of the armor carrier [in par. 8, ’392 states, “The pad system 32 for each vest section 24, 25 is comprised of multiple repositionable pads provided with fastening means for adjustable positioning on the interior surface of the vest sections. Preferably, each pad is provided with one part of a hook and loop fastener system.”].
Regarding claim 23, ‘392 discloses: a mounting accessory for an armor carrier carrying a ballistic plate donned by a wearer [system of closed cell 32 foam pads; shown in figs. 2 and 3 affixed to the inside of each vest section], the ballistic plate configured for spanning the wearer's torso over the wearer's pectoral mass and abdominal region [ballistic plates are shown in fig. 1 spanning areas that do span over a user’s pectoral and abdominal mass/regions], the mounting accessory comprising:
one or more pectoral members projecting from an inside upper surface of the armor carrier [spacer pads 65], the one or more pectoral members including a first contoured surface substantially matching the profile of the wearer's pectoral mass,
wherein the one or more pectoral members is configured to conform to the wearer's pectoral region when making contact under the weight of the armor carrier [in par. 7, ‘392 states, “Each of the pads 60, 62, 65, 66, 68, 70 of the pad system 32 is formed of an open mesh fabric which encloses a closed cell foam resilient block. ”; fig. 3 shows all pads matching the profile of whatever body part it rests upon including the profile of the pectoral mass; resilient material will inherently to at least some degree ‘substantially conform’ to the surface it contacts under the weight of the complete armor carrier and movement forces of the wearer; and since the wearer’s size is near infinite a larger wearer will cause more “conforming” of the resilient material]; and
one or more abdominal members projecting from an inside lower surface of the armor carrier [66; 68; 70; fig. 1], the one or more abdominal members including a first contoured surface substantially matching the profile of the wearer's abdominal region,
wherein the one or more abdominal members is configured to conform to the wearer's abdominal region when making contact under the weight of the armor carrier [in par. 7, ‘392 states, “Each of the pads 60, 62, 65, 66, 68, 70 of the pad system 32 is formed of an open mesh fabric which encloses a closed cell foam resilient block. ”; fig. 3 shows all pads matching the profile of whatever body part it rests upon including the profile of the abdominal region/mass; resilient material will inherently to at least some degree ‘substantially conform’ to the surface it contacts under the weight of the complete armor carrier and movement forces of the wearer; and since the wearer’s size is near infinite a larger wearer will cause more “conforming” of the resilient material], and
wherein the pectoral members and the abdominal members are configured to position the ballistic plate substantially parallel to the wearer's torso [fig. 2 shows the device in use with all ballistic plates including those spanning the pectoral and abdominal regions which to function to position the ballistic plates in a “substantially parallel to the torso” configuration].
Regarding claims 24, 26 and 27, ‘392 discloses: the one or more resilient members include at least one pectoral member, wherein the respective first contoured surface of the pectoral member is substantially concave [fig. 3 shows all pads of the pad system 32 with a first contour that is ‘substantially concave’].
Regarding claims 25, 26 and 27, ‘392 discloses: the one or more resilient members include at least one abdominal member wherein the respective first contoured surface of the abdominal member is substantially concave [fig. 3 shows all pads of the pad system 32 with a first contour that is ‘substantially concave’].
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) 5-8, 10, 12, 13, 16, 18-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 6892392 (Crye et al.) in view of US 2023/0012612 (LeMarbe).
Regarding claims 5-8, ‘392 does explicitly fully disclose claim 3 from which claims 5-8 all intervene thereto.
‘392 explicitly states, “The pad system 32 for each vest section 24, 25 is comprised of multiple repositionable pads provided with fastening means for adjustable positioning on the interior surface of the vest sections. Preferably, each pad is provided with one part of a hook and loop fastener system. Other readily positionable fastening system may also be used.”
This recitation shows ‘392 contemplates “any conventional”/”other readily positionable fastening systems” fastening and further use of detachable fastening means such as hook and loop type fasteners.
‘392 does not explicitly teach the claimed zip, magnetic, buckle nor snaps; in claims 5-8, respectively.
However, it is the Examiner’s position that zip, magnetic, buckle and snap fastening means are widely known and conventionally used mechanically equivalent fastening means to hook and loop type fasteners used for at least the last 100 years in the garment arts to provide simple economic detachable attachment capability to garment sections in need of fastening.
As further evidence of the well known nature of the claimed detachable fastening means, ‘612 is referenced.
‘612 teaches: zippers to provide detachable attachment of pouches; magnets to provide detachable attachment of a front accessory panel; and buckles and snaps to provide detachable attachment of yoke to a throat guard. These teachings show the prior art explicitly recognizes zip, magnetic, buckle and snap fastening means are widely known and conventionally used mechanical fastening means used in the garment arts to provide simple economic detachable attachment capability to garment sections in need of fastening.
Therefore, it would have been obvious to one of ordinary skill in the art prior to filing the invention to modify the hook and loop fastening means of ‘392 to any known conventional detachable fastening means including zip, magnetic, buckle and/or snap type fastening means to provide simple economic detachable attachment capability to garment elements/sections in need of fastening.
Response to Arguments
Applicant’s arguments with respect to claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Numerous similar ballistic armor carrier systems have been attached to establish the general state of the prior art. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT H MUROMOTO JR whose telephone number is (571)272-4991. The examiner can normally be reached M-Th 730-1730.
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/ROBERT H MUROMOTO JR/Primary Examiner, Art Unit 3732
