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
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, 4-6, and 9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Curran (U.S. Patent No. 5,190,512).
With respect to Claim 1, Curran, Figures 1-5, teaches a portable carrying apparatus comprising:
an elongated body portion 34 comprising a first end and a second end and a hollow interior portion;
a first arm portion 32 (left side of Figure 2) coupled to the first end of the elongated body portion, wherein the first arm portion is slidably interfaced with the hollow interior portion of the elongated body portion;
a second arm portion 32 (right side of Figure 2) coupled to the second end of the elongated body portion, wherein the second arm portion is slidably interfaced with the hollow interior portion of the elongated body portion;
a first attachment means 14 (left side of Figure 2) coupled to a distal end of the first arm portion, wherein the first attachment means is configured to receive a first cargo load; and
a second attachment means 14 (right side of Figure 2) coupled to a distal end of the second arm portion, wherein the second attachment means is configured to receive a second cargo load,
wherein the first arm portion 32 (left side of Figure 2) and the second arm portion 32 (right side of Figure 2) are configured to be selectively extended or retracted from the hollow interior portion.
With respect to Claim 4, Curran further teaches a first locking means 36 (left side of Figure 2) configured to be interfaced with the first arm portion to selectively secure the first arm portion at a fixed position.
With respect to Claim 5, Curran further teaches a second locking means 36 (right side of Figure 2) configured to be interfaced with the second arm portion to selectively secure the second arm portion at a fixed position.
With respect to Claim 6, Curran further teaches wherein the first attachment means or the second attachment means comprises a loop portion 22.
With respect to Claim 9, Curran further teaches wherein the first arm portion and the second arm portion are configured to be independently positioned to adjust a center of gravity of the elongated body portion.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 7 and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Curran as applied to Claims 1, 4-6, and 9 above, and further in view of Evans, Sr. (U.S. Patent No. 4,257,591), hereinafter “Evans”.
With respect to Claim 7, Curran is advanced above.
Curran teaches all the elements of the portable carrying apparatus except for wherein the first arm portion comprises one or more apertures disposed on a surface of the first arm portion, wherein the first locking means is configured to be interfaced with the one or more apertures to selectively secure the first arm portion at the fixed position.
However, Evans, Figures 1-4, teaches a first arm portion 12 comprising one or more apertures (See Figure 2) disposed on a surface of the first arm portion, wherein the first locking means is configured to be interfaced with the one or more apertures to selectively secure the first arm portion at the fixed position.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide Curran with spaced apertures, as taught by Evans, for the purpose of adjusting the carrying apparatus to a desired length.
With respect to Claim 8, Curran is advanced above.
Curran teaches all the elements of the portable carrying apparatus except for wherein the second arm portion comprises one or more apertures disposed on a surface of the second arm portion, wherein the second locking means is configured to be interfaced with the one or more apertures to selectively secure the second arm portion at the fixed position.
However, Evans, Figures 1-4, teaches a second arm portion 14 comprising one or more apertures (See Figure 2) disposed on a surface of the second arm portion, wherein the second locking means is configured to be interfaced with the one or more apertures to selectively secure the second arm portion at the fixed position.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide Curran with spaced apertures, as taught by Evans, for the purpose of adjusting the carrying apparatus to a desired length.
Claim(s) 10-13 and 15-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Curran (U.S. Patent No. 5,190,512) in view of Little (U.S. Patent No. 10,874,896).
With respect to Claim 10, Curran, Figures 1-5, teaches a portable carrying apparatus comprising:
a body portion 34 comprising a central portion and a first connector portion extending from a first side of the central portion and a second connector portion extending from a second side of the central portion;
a first arm portion 32 (left side of Figure 2) comprising a proximal end and a distal end, wherein the proximal end of the first arm portion is configured to be selectively interfaced with the first connector portion to securely couple the first arm portion to the body portion;
a second arm portion 32 (right side of Figure 2) comprising a proximal end and a distal end, wherein the proximal end of the second arm portion is configured to be selectively interfaced with the second connector portion to securely couple the second elongated arm portion to the body portion;
a first attachment means 14 (left side of Figure 2) coupled to the distal end of the first arm portion, wherein the first attachment means is configured to receive a first cargo load; and
a second attachment means 14 (right side of Figure 2) coupled to the distal end of the second arm portion, wherein the second attachment means is configured to receive a second cargo load,
wherein the first arm portion and the second arm portion are configured to be selectively disconnected from the body portion.
Curran teaches all the elements of the portable carrying apparatus except for a curved central portion.
However, Little, Figures 1-21, teaches a curved central portion 20.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide Curran with a curved central portion, as taught by Little, for the purpose of accommodating the curvature of a user’s neck.
With respect to Claim 11, Curran further teaches wherein the first attachment means or the second attachment means comprises a loop portion 22.
With respect to Claim 12, Curran further teaches wherein the first attachment means or the second attachment means comprises a grommet portion.
With respect to Claim 13, Curran further teaches wherein the first arm portion and the second arm portion each comprise an elongated tube.
With respect to Claim 15, Curran further teaches wherein the curved central portion of the body portion is configured to be interfaced with a user’s shoulder.
With respect to Claim 16, Curran further teaches wherein the first arm portion comprises at least one aperture (near lead line 28,30) configured to receive a cord or rope therethrough.
With respect to Claim 17, Curran further teaches wherein the second arm portion comprises at least one aperture (near lead line 28,30) configured to receive a cord or rope therethrough.
With respect to Claim 18, Curran further teaches wherein the body portion comprises a first load reinforcing portion disposed on the first side of the curved central portion.
With respect to Claim 19, Curran further teaches wherein the body portion comprises a second load reinforcing portion disposed on the second side of the curved central portion.
Allowable Subject Matter
Claims 2-3 and 14 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is an examiner’s statement of reasons for allowance:
Claims 2-3 are allowable over the prior art of record because the prior art of record does not teach or suggest the entire combination of elements of the portable carrying apparatus set forth including a first reducer housing coupled to the first end of the elongated body portion, wherein the first reducer housing is slidably interfaced with the first arm portion; and a second reducer housing coupled to the second end of the elongated body portion, wherein the second reducer housing is slidably interfaced with the second arm portion.
None of the references of the prior art teach or suggest a first reducer housing coupled to the first end of the elongated body portion, wherein the first reducer housing is slidably interfaced with the first arm portion as advanced above and such do not provide the necessary motivation, absent applicant's specification, for modifying the portable carrying apparatus in the manner required by the claims.
Claims 14 are allowable over the prior art of record because the prior art of record does not teach or suggest the entire combination of elements of the portable carrying apparatus set forth including the first connector portion and the second connector portion each comprise a threaded interface.
None of the references of the prior art teach or suggest the first connector portion and the second connector portion each comprise a threaded interface as advanced above and such do not provide the necessary motivation, absent applicant's specification, for modifying the portable carrying apparatus in the manner required by the claims.
Claim 20 is allowed.
Claims 20 is allowable over the prior art of record because the prior art of record does not teach or suggest the entire combination of elements of the portable carrying apparatus set forth including a portable carrying apparatus comprising: a body portion comprising a first end and a second end and a hollow interior portion; a first reducer housing coupled to the first end of the body portion; a second reducer housing coupled to the second end of the body portion; a first carrying arm slidably interfaced with the first reducer housing, wherein the first carrying arm is configured to be selectively extended or retracted from the hollow interior portion of the body portion; and a second carrying arm slidably interfaced with the second reducer housing, wherein the second carrying arm is configured to be selectively extended or retracted from the hollow interior portion of the body portion, wherein the first carrying arm is configured to carry a first cargo load and the second carrying arm is configured to carry a second cargo load.
None of the references of the prior art teach or suggest a first reducer housing coupled to the first end of the body portion; a second reducer housing coupled to the second end of the body portion; a first carrying arm slidably interfaced with the first reducer housing, wherein the first carrying arm is configured to be selectively extended or retracted from the hollow interior portion of the body portion; and a second carrying arm slidably interfaced with the second reducer housing, wherein the second carrying arm is configured to be selectively extended or retracted from the hollow interior portion of the body portion as advanced above and such do not provide the necessary motivation, absent applicant's specification, for modifying the portable carrying apparatus in the manner required by the claims.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
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 WILLIAM ARAUZ RIVERA whose telephone number is (571)272-6953. The examiner can normally be reached Monday to Friday 9:00 AM to 8:00 PM MDT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Victoria P. Augustine can be reached at 313-446-4858. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WILLIAM A. RIVERA/Primary Examiner, Art Unit 3654
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