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 .
Information Disclosure Statement
2. The information disclosure statement (IDS) submitted on 3/6/26 is noted. The submission is in compliance with the provisions of 37 CFR 1.97 and 1.98. Accordingly, the examiner is considering the information disclosure statement.
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.
4. The wearable holder device of claim 17 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. The holder of claim 17 is described in paragraph [0026] of the Specification, but is never further elaborated on and is never shown in the Drawings. For example, the holder device of claim 17 is said to include first and second adjustable members each having first and second ends each extending outwardly from the holder device. The Drawings only ever show two straps 120 and 122 and each strap can be described as being shown having a first end attached to the holder device and a second end extending away from the holder device. In order for each of the first and second ends of each of the first and second straps to each extend away from the body, it seems each end would have to somehow be a free end extending away from the holder device where the holder device was somehow attached to a middle section of each strap. None of this is shown. The Drawings also fail to show “the first end of the second adjustable member being coupled to the at least one holder at an approximate 115-degree angle from the first adjustable member, the second end is coupled to the at least one holder at approximately 180-degrees from the first end” as set forth in claim 17.
5. The positive stop of claim 15 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. This feature is described in paragraphs [0024] and [00110] but is never shown.
6. The ancillary opening of claim 19 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. This feature is described in paragraph [0028] but is never shown.
7. The wearable holder including both an elastic body with a plurality of resilient loop components for engaging the corners of an electronic device and also a bottle retention device as recited in claim 20 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. The bottle holder (302) is shown in Figure 28 but it is not shown paired with the elastic body (111) of the other embodiments.
8. The wiping element of claim 9 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
9. The first loop being directly coupled to the second strap member, as recited in claim 26, 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 Objections
10. Claim 22 is objected to because it seems line 2 should read “on a side of the bottle retention device” as the bottle retention device has already been established as part of the claimed invention and the bottle itself is only functionally recited and is not part of the claimed invention. Appropriate correction or clarification is required.
Claim Interpretation
11. Any mention of a material being “passive” will be interpreted the same as “flexible” unless otherwise specified in the claims.
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.
12. Claims 17, 26, 27, and 29 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.
In claim 17, the scope of the claim is unclear to the degree it is unclear how the second adjustable member can have two ends that each extend outwardly from the holder device (as set forth in lines 10-11 of the claim) while also being coupled to the holder (as set forth in lines 11-14 of the claim). Any end directly coupled to the holder would not seem to also extend outwardly therefrom. A first end could be coupled to the holder but it would be an end/portion opposite that first end that extends outwardly from the holder.
In claim 26, the scope of the term “directly coupled” is unclear. This coupling is never shown and the specification does not elaborate on what “directly coupled” means.
Claim Rejections - 35 USC § 102
13. 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.
14. 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.
15. Claims 1-3, 10-12, 16, 26, and 28 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Razavi (US 2020/0178654 A1) in view of Stephens et al. (US 2015/0323858 A1).
Regarding claim 1, Razavi discloses a wearable holder device, comprising: at least one holder (102) configured to hold an object (200, object not currently being claimed in combination); a first strap member (116) coupled to the at least one holder, the first strap member comprising a passive (flexible) material, the first strap member extending outwardly from the wearable holder device (see Figure 4); a second strap member (118) coupled to the at least one holder, the second strap member comprising a passive (flexible) material, the second strap member extending outwardly from the wearable holder device (see Figure 4), the second strap member being disposed at an approximate 115-degree angle relative to the first strap member (see obtuse angle between A and B in Figure 4 below); a first loop (124) coupled to the at least one holder, the first strap member being capable of passing through the first loop (see Figure 13); and a second fastener (119 at location 125, see [0042]) coupled to the at least one holder, the second fastener being disposed at an approximate 150 degree angle relative to the second strap member (see obtuse angle between B and C in Figure 4 below), and the second strap member being capable of fastening to the second fastener (see [0043]); wherein the first strap member is configured such that once it is passed through the first loop: (i) a first limb loop is formed (see Figure 1), and (ii) the first strap member is capable of being fastened back to the first strap member (via 120 and 117); and wherein the second strap member is configured such that it is capable of being fastened to another portion (119 at location 125, see [0042]) of the wearable holder device.
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Razavi fails to disclose the second fastener (119 at location 125, see [0042]) being a loop through which the second strap is passed and then fastened to itself. Stephens teaches that it was already known in the art for all fastening locations between straps (70 and 72) and a holder (60) to be loops (100,102,104,106). 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 second fastener (119 at location 125) of Razavi with a another loop, like the first loop of Razavi, as a simple substitution of one known strap-to-holder fastener for another, and further where it was already known to provide all such fasteners as loops, as shown by Stephens. The resulting modified Razavi holder device would include a second loop similar to the first loop of Razavi (124), the second loop being at the location (125) for the second strap (118) to be fed through and fastened to itself in the same manner the first strap (116) is fed through the first loop (124) and fastened to itself (via 120 and 117).
Regarding the “approximate angles” being claimed, Examiner notes that Applicant’s own A1 angle does not seem to be 115 degrees. Using a protractor, the obtuse angle between A and B above appear to be 135 degrees which could be argued as “approximately 115 degrees”, but if not, it would have been obvious to one having ordinary skill in the art at the time Applicant’s invention was effectively filed to have varied the angle of the Razavi straps, in this case to approximately 115 degrees of one another as mere design choice and also to fit a user’s hand in a slightly different manner. A change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. In re Dailey et al., 149 USPQ 47. The obtuse angle between B and C above appears to be 150 degrees as claimed.
Regarding claim 2, Razavi as modified above would include the wearable holder device according to claim 1, wherein Razavi discloses the at least one holder comprises a holder member (102) made from a stretchable elastic material (see “silicone, rubber, or elastic polymer” in [0036]) capable of holding an electronic device (via 130).
Regarding claim 3, Razavi as modified above would include the wearable holder device according to claim 1, wherein Razavi discloses the at least one holder comprises a holder member that is predominantly composed of silicone or rubber (see “silicone, rubber, or elastic polymer” in [0036]).
Regarding claim 10, Razavi as modified above would include the wearable holder device according to claim 2, Razavi further disclosing at least one additional holder (a second of 130) provided as part of the wearable holder device, the at least one additional holder configured to securely hold additional items (items not being claimed in combination).
Regarding claim 11, Razavi as modified above would include the wearable holder device according to claim 10, Razavi disclosing wherein the at least one additional holder (a second of 130) comprises a compartment (space underneath the flap 130) capable of accommodating items having an irregular shape (items not being claimed in combination and nothing is stopping a user from choosing to store an irregularly shaped item under the flap 130 of Razavi).
Regarding claim 12, Razavi as modified above would include the wearable holder device according to claim 1, but so far fails to include wherein the passive material of the first strap member and/or the second strap member comprises a breathable fabric or material that allows for the transport of air and moisture away from a surface of a limb of a user to which the wearable holder device is attached. Razavi does teach (see [0044]) that a bottom layer (102b) of the holder (102) includes breathable fabric and moisture wicking grooves (128). It would have been obvious to one having ordinary skill in the art at the time Applicant’s invention was effectively filed to have provided these same material properties on the straps of Razavi as well, the motivation being to make the entire holder more comfortable to wear. It has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Regarding claim 16, Razavi as modified above would include the wearable holder device according to claim 2, wherein the first loop (124) is proximate (close, relatively, no scale has been established) to a first end of the at least one holder and the second loop (loop at location 125) is proximate (close, relatively, no scale has been established) to a second, opposite end of the at least one holder, such that when the electronic device is held by the at least one holder, the first end of the at least one holder corresponds approximately to a bottom of the electronic device and the second end of the at least one holder corresponds approximately to a top of the electronic device. The Razavi holder (102) certainly has a top and bottom end corresponding to a top and bottom end of electronic device (200). Both loops are “proximate” both ends as no scale of relativity has been established in the claims.
Regarding claim 26, to the degree the claim is understood, Razavi as modified above would include the wearable holder device according to claim 1, wherein Razavi discloses the first loop (124, formed in 102) is directly coupled to the second strap member (because the second strap 118 is directly coupled to 102).
Regarding claim 28, Razavi as modified above would include the wearable holder device according to claim 1, wherein the first loop (124 of Razavi) couples to the at least one holder proximate (close, relatively, no scale has been established) to a location where the second strap member couples to the at least one holder.
16. Claims 4, 5, and 18-25 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Razavi (US 2020/0178654 A1) in view of Stephens et al. (US 2015/0323858 A1) as applied above, further in view of Lin (US 2021/0298463 A1).
Regarding claim 4, Razavi as modified above would include the wearable holder device according to claim 1, wherein the at least one holder (102) comprises: a stretchable, elastic body, as taught by Razavi (see “silicone, rubber, or elastic polymer” in [0036]); but so far fails to include a plurality of loop components extending from the elastic body, each of the plurality of loop components configured to resiliently engage with a respective corner of an electronic device; wherein, when the plurality of loop components are engaged with the corners of the electronic device, the elastic body does not significantly obscure the screen of the electronic device, allowing for partial or full access to the screen.
Razavi only teaches tabs (130) for engaging with an electronic device (200). Lin teaches that it was also known in the art for an electronic device holder (11) to include a plurality of loop components (1122,1123,1112,1113, see Figure 11), each of the plurality of loop components configured to resiliently engage with a respective corner of an electronic device; wherein, when the plurality of loop components are engaged with the corners of the electronic device, the elastic body does not significantly obscure the screen of the electronic device, allowing for partial or full access to the screen (see Figure 11). 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 device holder (130) of Razavi with any other known electronic device connection, in this case a device holder like that (11) of Lin which includes a plurality of loop components, as a simple substitution of one known electronic device holder design for another in order to achieve the predictable result of an electronic device being connected to the holder in the manner taught by Lin with the added benefit of being able to secure a variety of electronic devices also as taught by Lin (see [0059]). To be clear, this modified Razavi holder would include a holder like that (11) of Lin attached to the body (102) of Razavi.
Regarding claim 5, Razavi as modified above would include the wearable holder device according to claim 4, wherein the plurality of loop components of the at least one holder are dimensioned to securely fit electronic devices of varying sizes (due to their dimension and elastic properties).
Regarding claim 18, Razavi as modified above would include a wearable holder device, comprising: at least one holder (102 of Razavi combined with 11 of Lin) configured to hold an object, the at least one holder including: an elastic body, as taught by Lin (see “elastic main body 11” in [0035]), possessing stretchability and configured for securement of an electronic device, as taught by Razavi (see Figures, electronic device not currently being claimed in combination); a plurality of resilient loop components, as taught by Lin (1122,1123,1113,1112, see Figure 11), each of the plurality of resilient loop components extending from the elastic body and configured to engage with a respective corner of the electronic device, as taught by Lin (see Figure 11); and when the at least one holder is engaged with the corners of the electronic device, the elastic body remains generally clear of a screen of the electronic device, thereby allowing for partial or complete visibility and accessibility of the screen, as taught by Lin (see Figure 11); and an adjustable member, as taught by Razavi (strap 118) comprising a passive (flexible/elastic) material, the passive material forming a loop with one end coupled to the at least one holder such that the adjustable member forms a limb loop capable of inserting part or all of a hand of a user, and at least one terminus of the adjustable member is equipped with a mechanism, as taught by Razavi (122) for length modulation, thereby facilitating the alteration to fit the limb loop around different sized limbs.
Regarding claim 19, Razavi as modified above would include the wearable holder device according to claim 18, wherein the adjustable member forms an ancillary opening, as taught by Razavi (132), of sufficient dimension to accommodate the insertion of a digit of a user (see Figure 4 of Razavi), thereby facilitating enhanced grip on the wearable holder device upon insertion of a hand of the user into the limb loop of the adjustable member, allowing for the digit to be extended through the ancillary opening. There is no structure in Razavi that would prevent a user from putting a finger through the opening 132 in the manner only functionally claimed.
Regarding claim 20, Razavi as modified above would include the wearable holder device according to claim 18, further comprising a bottle retention device, as taught by Lin (HS1 or HS2 - part of 11 of Lin that has been added to Razavi), that includes a passive (flexible/elastic) material configured for the retention of a bottle (bottle not currently being claimed in combination and nothing in the structure taught by Lin would physically prevent a user from choosing to insert a retain a small bottle within either opening HS1 or HS2), the bottle retention device comprising: at least one end that remains at least partially open (both ends, top and bottom, of the openings HS1 and HS2 are open), thereby permitting accessibility to a dispensing portion of the bottle.
Regarding claim 21, Razavi as modified above would include the wearable holder device according to claim 20, wherein the passive (flexible/elastic) material of the bottle retention device is structured to partially or fully enclose the outer surface of the bottle using a sleeve configuration (a bottle having a height equal to the thickness of the holder at the openings HS1 and HS2 would be “sleeved” within the openings as only functionally claimed), the sleeve configuration being designed with at least one end remaining open, allowing the dispensing portion of the bottle to remain accessible, while the other end is either open or closed, yet possesses adjustability (elastic) features to conform to the dimensions of different bottle sizes.
Regarding claim 22, Razavi as modified above would include the wearable holder device according to claim 20, wherein the at least one holder (11 of Lin) is located on a side (in-plane side, see Figure 1 of Lin) of the bottle retention device (HS1 or HS2 of Lin) opposite to where the hand-securing adjustable member is positioned (out-of-plane side, see Figure 1 of Lin).
Regarding claim 23, Razavi as modified above would include the wearable holder device according to claim 20, wherein the passive material of the bottle retention device is structured to partially or fully enclose an outer surface of the bottle. The bottle retention device (HS1 or HS2 of Lin) would partially enclose a bottle taller than its thickness and would fully enclose a bottle having a height equal to or less than the thickness of the bottle retention device (no bottle being claimed in combination).
Regarding claim 24, Razavi as modified above would include the wearable holder device according to claim 18, further comprising a compartment (within HS1 or HS2 of Lin) capable of accommodating items having an irregular shape.
Regarding claim 25, Razavi as modified above would include the wearable holder device according to claim 18, wherein the at least one holder (102 of Razavi) is integrated (formed with and/or connected to) into the adjustable member (116 of Razavi - see Figure 4).
17. Claims 6 and 7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Razavi (US 2020/0178654 A1) in view of Stephens et al. (US 2015/0323858 A1) as applied above, further in view of Buam et al. (US 2015/0272290 A1).
Regarding claim 6, Razavi as modified above would include the wearable holder device according to claim 1, but so far fails to include a compartment configured to securely hold one or more cards. Buam teaches that it was already known in the art for a hand-mounted carrier like that of Razavi to include a card pocket (600) on a backside thereof. It would have been obvious to one having ordinary skill in the art at the time Applicant’s invention was effectively filed to have provided a card pocket like that of Buam on the back side or any physically possible or suitable location on the Razavi holder device, the motivation being to allow a user to carry cards or other items.
Regarding claim 7, Razavi as modified above would include the wearable holder device according to claim 6, further comprising at least one slit in the compartment through which an elongate member may be passed, wherein pulling the elongate member facilitates the ejection of the one or more cards from the compartment. The pocket opening as taught by Buam can be considered a slit as broadly claimed. The elongate member is not currently being claimed in combination due to the functional language “through which an elongate member may be passed”. There is no structure in the pocket taught by Buam that would physically prevent a user from using an elongate member to help eject a card as only functionally claimed.
18. Claim 8 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Razavi (US 2020/0178654 A1) in view of Stephens et al. (US 2015/0323858 A1) as applied above, further in view of Miao et al. (US 2015/0281417 A1).
Regarding claim 8, Razavi as modified above would include the wearable holder device according to claim 2, but so far fails to include an integrated chip or wireless communication module embedded in the wearable holder device, the integrated chip or wireless communication module being configured to communicate with the electronic device placed in the at least one holder, thereby triggering certain predefined actions on the electronic device. Miao teaches that it was already known to embed a wireless communication module (101) within an electronic device holder like that of Razavi for the purpose of controlling the electronic device (see [0040]). It would have been obvious to one having ordinary skill in the art at the time Applicant’s invention was effectively filed to have provided the modified Razavi holder device with a wireless communication module, the motivation being to provide an alternate means of accessing and controlling the device, as taught by Miao.
19. Claim 9 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Razavi (US 2020/0178654 A1) in view of Stephens et al. (US 2015/0323858 A1) as applied above, further in view of Chang (US 10,201,221 B1) and Eagle Fan (DE 202025101053 U1).
Regarding claim 9, Razavi as modified above would include the wearable holder device according to claim 2, but so far fails to include a stylus provided as part of the wearable holder device, the stylus including a wiping element configured to interact with a touchscreen of the electronic device and to remove moisture therefrom. Chang teaches that it was already known in the art to provide a holder like that of Razavi with a stylus holder (14). Eagle Fan teaches that it was already known for a stylus to include a wiping element (34) to remove moisture from an electronic device screen (see “apex edges 34 can be used to wipe off the water droplets on the screen”). It would have been obvious to one having ordinary skill in the art at the time Applicant’s invention was effectively filed to have provided the modified Razavi holder with a stylus holder, as taught by Chang, to hold a stylus with wiping elements, as taught by Eagle Fan, the motivation being to allow a user to conveniently carry a stylus for interacting with their device and keeping the screen moisture free.
20. Claims 13-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Razavi (US 2020/0178654 A1) in view of Stephens et al. (US 2015/0323858 A1) as applied above, further in view of Manilo (US 2025/0089882 A1).
Regarding claim 13, Razavi as modified above would include the wearable holder device according to claim 1, but so far fails to include wherein at least one of the first and second strap members includes a surface with loops of a hook-and-loop fastener material to facilitate fastening of the first strap member or second strap member back onto itself or the at least one holder.
Regarding claim 14, Razavi as modified above would so far fails to include the wearable holder device according to claim 13, and also fails to include wherein at least one of the first and second strap members includes a tip with hooks of a hook-and-loop fastener material to facilitate secure fastening.
Regarding claim 15, Razavi as modified above would include the wearable holder device according to claim 1, but so far fails to include wherein at least one of the first and second strap members is constructed with a positive stop on a tip of the first or second strap member, such that once the tip of the first or second strap member is inserted through a corresponding one of the first or second loop, it becomes difficult to be withdrawn through the corresponding one of the first or second loop by a user.
Manilo teaches that it was already known in the art for a strap like those of Razavi to utilize hook and loop fasteners, where a trip (46a) of the strap is provided with hook fasteners (46z) on a bottom thereof (see Figure 3A of Manilo) that mate with loop fasteners (46z’) on another part of the strap once it has been fed through a loop (29a,29b) and folded back onto itself. Manilo shows the hook fastener effectively forming a positive stop on the tip on the strap in that it protrudes downward from the strap and creates an internal corner or ledge (see Figure 3 of Manilo) that could catch on the loop when a user attempts to pull the strap back through the loop. 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 strap fastener means (117/120) of Razavi with any other known and suitable strap fastener means, in this case hook and loop fasteners like those shown by Manilo, as a simple substitution of one known strap fastener means for another.
21. Claims 18-25 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Razavi (US 2020/0178654 A1) in view of Lin (US 2021/0298463 A1).
Regarding claim 18, Razavi discloses a wearable holder device, comprising: the at least one holder (102) configured to hold an object (200, object not currently being claimed in combination), the at least one holder including: an elastic body (see “silicone, rubber, or elastic polymer” in [0036]) possessing stretchability; and an adjustable member (strap 118) comprising a passive (flexible/elastic) material, the passive material forming a loop with one end coupled to the at least one holder such that the adjustable member forms a limb loop capable of inserting part or all of a hand of a user, and at least one terminus of the adjustable member is equipped with a mechanism (122) for length modulation, thereby facilitating the alteration to fit the limb loop around different sized limbs.
Razavi fails to disclose the at least one holder including a plurality of loop components extending from the elastic body, each of the plurality of loop components configured to resiliently engage with a respective corner of an electronic device; wherein, when the plurality of loop components are engaged with the corners of the electronic device, the elastic body does not significantly obscure the screen of the electronic device, allowing for partial or full access to the screen. Razavi only teaches tabs (130) for engaging with an electronic device (200). Lin teaches that it was also known in the art for an electronic device holder (11) to include a plurality of loop components (1122,1123,1112,1113, see Figure 11), each of the plurality of loop components configured to resiliently engage with a respective corner of an electronic device; wherein, when the plurality of loop components are engaged with the corners of the electronic device, the elastic body does not significantly obscure the screen of the electronic device, allowing for partial or full access to the screen (see Figure 11). 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 device holder (130) of Razavi with any other known electronic device connection, in this case a device holder like that (11) of Lin which includes a plurality of loop components, as a simple substitution of one known electronic device holder design for another in order to achieve the predictable result of an electronic device being connected to the holder in the manner taught by Lin with the added benefit of being able to secure a variety of electronic devices also as taught by Lin (see [0059]). To be clear, this modified Razavi holder would include a holder like that (11) of Lin attached to the body (102) of Razavi.
Regarding claim 19, Razavi as modified above would include the wearable holder device according to claim 18, wherein the adjustable member forms an ancillary opening, as taught by Razavi (132), of sufficient dimension to accommodate the insertion of a digit of a user (see Figure 4 of Razavi), thereby facilitating enhanced grip on the wearable holder device upon insertion of a hand of the user into the limb loop of the adjustable member, allowing for the digit to be extended through the ancillary opening. There is no structure in Razavi that would prevent a user from putting a finger through the opening 132 in the manner only functionally claimed.
Regarding claim 20, Razavi as modified above would include the wearable holder device according to claim 18, further comprising a bottle retention device, as taught by Lin (HS1 or HS2 - part of 11 of Lin that has been added to Razavi), that includes a passive (flexible/elastic) material configured for the retention of a bottle (bottle not currently being claimed in combination and nothing in the structure taught by Lin would physically prevent a user from choosing to insert a retain a small bottle within either opening HS1 or HS2), the bottle retention device comprising: at least one end that remains at least partially open (both ends, top and bottom, of the openings HS1 and HS2 are open), thereby permitting accessibility to a dispensing portion of the bottle.
Regarding claim 21, Razavi as modified above would include the wearable holder device according to claim 20, wherein the passive (flexible/elastic) material of the bottle retention device is structured to partially or fully enclose the outer surface of the bottle using a sleeve configuration (a bottle having a height equal to the thickness of the holder at the openings HS1 and HS2 would be “sleeved” within the openings as only functionally claimed), the sleeve configuration being designed with at least one end remaining open, allowing the dispensing portion of the bottle to remain accessible, while the other end is either open or closed, yet possesses adjustability (elastic) features to conform to the dimensions of different bottle sizes.
Regarding claim 22, Razavi as modified above would include the wearable holder device according to claim 20, wherein the at least one holder (11 of Lin) is located on a side (in-plane side, see Figure 1 of Lin) of the bottle retention device (HS1 or HS2 of Lin) opposite to where the hand-securing adjustable member is positioned (out-of-plane side, see Figure 1 of Lin).
Regarding claim 23, Razavi as modified above would include the wearable holder device according to claim 20, wherein the passive material of the bottle retention device is structured to partially or fully enclose an outer surface of the bottle. The bottle retention device (HS1 or HS2 of Lin) would partially enclose a bottle taller than its thickness and would fully enclose a bottle having a height equal to or less than the thickness of the bottle retention device (no bottle being claimed in combination).
Regarding claim 24, Razavi as modified above would include the wearable holder device according to claim 18, further comprising a compartment (within HS1 or HS2 of Lin) capable of accommodating items having an irregular shape.
Regarding claim 25, Razavi as modified above would include the wearable holder device according to claim 18, wherein the at least one holder (102 of Razavi) is integrated (formed with and/or connected to) into the adjustable member (116 of Razavi - see Figure 4).
22. Claims 18-25 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lin (US 2021/0298463 A1).
Regarding claim 18, Lin discloses a wearable holder device, comprising: at least one holder configured to hold an object, the at least one holder including: an elastic body (see “elastic main body 11” in [0035]) possessing stretchability and configured for securement of an electronic device (see Figures, electronic device not currently being claimed in combination); a plurality of resilient loop components (1122,1123,1113,1112, see Figure 11), each of the plurality of resilient loop components extending from the elastic body and configured to engage with a respective corner of the electronic device (see Figure 11); and when the at least one holder is engaged with the corners of the electronic device, the elastic body remains generally clear of a screen of the electronic device, thereby allowing for partial or complete visibility and accessibility of the screen (see Figure 11); and an adjustable member (12/122/123/124/125) comprising a passive (flexible/elastic) material, the passive material forming a loop with one end (proximate 124) coupled (proximate 13) to the at least one holder such that the adjustable member forms a limb loop capable of inserting part or all of a hand of a user, and at least one terminus (proximate 122) of the adjustable member is equipped with a mechanism (elastic material property) for length modulation, thereby facilitating the alteration to fit the limb loop around different sized limbs.
Regarding claim 19, Lin discloses the wearable holder device according to claim 18, wherein the adjustable member forms an ancillary opening (between 122 and 123 or between 124 and 125) of sufficient dimension to accommodate the insertion of a digit of a user (see Figures), thereby facilitating enhanced grip on the wearable holder device upon insertion of a hand of the user into the limb loop of the adjustable member, allowing for the digit to be extended through the ancillary opening.
Regarding claim 20, Lin discloses the wearable holder device according to claim 18, further comprising a bottle retention device (HS1 or HS2) that includes a passive (flexible/elastic) material configured for the retention of a bottle (bottle not currently being claimed in combination and nothing in Lin would physically prevent a user from choosing to insert a retain a small bottle within either opening HS1 or HS2), the bottle retention device comprising: at least one end that remains at least partially open (both ends, top and bottom, of the openings HS1 and HS2 are open), thereby permitting accessibility to a dispensing portion of the bottle.
Regarding claim 21, Lin discloses the wearable holder device according to claim 20, wherein the passive (flexible/elastic) material of the bottle retention device is structured to partially or fully enclose the outer surface of the bottle using a sleeve configuration (a bottle having a height equal to the thickness of the holder at the openings HS1 and HS2 would be “sleeved” within the openings as only functionally claimed), the sleeve configuration being designed with at least one end remaining open, allowing the dispensing portion of the bottle to remain accessible, while the other end is either open or closed, yet possesses adjustability (elastic) features to conform to the dimensions of different bottle sizes.
Regarding claim 22, Lin discloses the wearable holder device according to claim 20, wherein the at least one holder (11) is located on a side (in-plane side, see Figure 1) of the bottle retention device (HS1 or HS2) opposite to where the hand-securing adjustable member is positioned (out-of-plane side, see Figure 1).
Regarding claim 23, Lin discloses the wearable holder device according to claim 20, wherein the passive material of the bottle retention device is structured to partially or fully enclose an outer surface of the bottle. The bottle retention device (HS1 or HS2) would partially enclose a bottle taller than its thickness and would fully enclose a bottle having a height equal to or less than the thickness of the bottle retention device (no bottle being claimed in combination).
Regarding claim 24, Lin discloses the wearable holder device according to claim 18, further comprising a compartment (within HS1 or HS2) capable of accommodating items having an irregular shape.
Regarding claim 25, Lin discloses the wearable holder device according to claim 18, wherein the at least one holder (11) is integrated (formed with and/or connected to) into the adjustable member (12).
Conclusion
23. 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 7/16/26
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