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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 2/9/2026 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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) 1-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over DE 102010038699 to Bebenroth in view of US Published Application 2005/0098597 to Cottrell.
Regarding claim 1, Bebenroth discloses a system (Figs. 7A-B) for maintaining a desired spacing between a right shoulder strap and a left shoulder strap (34) of a pack worn by a user, the system comprising: (a) a first positioning arm (Figs. 7A-B) configured for extending over a right shoulder of the user and extending downwards to a distal portion for association with the right shoulder strap (Fig. 7B); (b) a second positioning arm (Figs. 7A-B) configured for extending over a left shoulder of the user and extending downwards to a distal portion for association with the left shoulder strap (Fig. 7B); and (c) a rigid bridging portion (Fig. 6a – 31b and front surface of 16) mechanically associated with both said first positioning arm and said second positioning arm so as to be located at least in part behind a neck of the user (depending on the size and shape of the user, the bridging portion is capable of this positioning; see Fig. 6A, for example), wherein each of said first and second positioning arms is formed from a plurality of rigid segments (Fig. 7A-B), and has a plurality of mutually-parallel hinges (39) interconnecting between successive of said rigid segments and/or between one of said rigid segments and said bridging portion, said bridging portion, said rigid segments and said hinges being configured such that the system assumes a body-fitting state in which said positioning arms extend over the user’s shoulders and downwards across a chest of the user so as to maintain a state of proximity between the right and left shoulder straps of the pack (the assembly is capable of this positioning, see Fig. 6A, for example). To the extent it is not clear from Bebenroth that there are two shoulder strap assemblies, Cottrell discloses a carrier that includes two shoulder assemblies (Sheet 3 of drawings). It would have been obvious to one of ordinary skill to have included two shoulder strap assemblies because it would stabilize the pack on the user. To the extent the rigid nature of the bridging portion is not clear from Bebenroth, Cottrell disclose two shoulder supports connected by a rigid bridging portion (Sheet 3 of drawings). It would have been obvious to one of ordinary skill to have rigidly connected the shoulder supports in Bebenroth to make a more stable support structure for the pack.
Regarding claim 2, the combination from claim 1 discloses wherein upward flexing of at least one of said positioning arms at said hinges facilitates putting on and taking off the pack (Fig. 7A – upward flexing of the arms would allow for donning and doffing the pack as claimed).
Regarding claim 3, the combination from claim 1 fails to disclose whether the positioning arms diverge. However, Cottrell discloses positioning the shoulder supports so that they the diverge (Sheet 3, Fig 1). It would have been obvious to one of ordinary skill to have oriented the shoulder supports so that they diverge as shown in Cottrell because the modification only involves a simple substitution of one known, equivalent pack shoulder support positioning for another to obtain predictable results.
Regarding claim 4, the combination from claim 1 fails to disclose an adjustable connection. However, Cottrell discloses an adjustable connection between shoulder supports and the bridging portion (Sheet 24, Fig. 1 – see pivotally adjustable connection for shoulder supports, which would allow for adjustment to the shoulder support angle of divergence). It would have been obvious to one of ordinary skill to have used a pivotally adjustable connection for the shoulder supports because it would allow for multiple different positions for the shoulder supports as desired.
Regarding claim 5, the combination from claim 3 discloses wherein the positioning arms diverge behind the neck of the user (Cottrell Sheet 3, Fig. 1).
Regarding claim 6, the combination from claim 3 discloses wherein the positioning arms converge as they extend downwards (Cottrell Sheet 3, Fig. 1).
Regarding claim 7, the combination from claim 4 discloses wherein the rigid bridging portion is comprised in an adjustment mechanism of the system (Cottrell Sheet 24, Fig. 1 – see pivotally adjustable connection for shoulder supports).
Regarding claim 8, the combination from claim 4 discloses wherein said adjustment mechanism defines a motion of said first positioning arm as a rotation about a first axis and a motion of said second positioning arm as a rotation about a second axis (Cottrell Sheet 24, Fig. 1 – see rotation of each shoulder support about the top fastener while the lower fastener moves in the arced slot).
Regarding claim 9, the combination from claim 4 discloses wherein said first and second axes are substantially parallel (Cottrell Sheet 24, Fig. 1).
Regarding claim 10, the combination from claim 4 discloses wherein said adjustment mechanism is integrated into the pack (the adjustment mechanism extends through and links the carrying portion and the shoulder support portions, and therefore is integrated into the pack as claimed).
Regarding claim 11, the combination from claim 4 discloses wherein said adjustment mechanism is configured for mounting externally to the pack (the adjustment mechanism mounts to external sides of the carrying portion and the shoulder support portions, and therefore is mounted externally to the pack as claimed).
Regarding claim 12, Bebenroth discloses a system (Figs. 7A-B) for maintaining a desired spacing between a right shoulder strap and a left shoulder strap (34) of a pack, the system comprising: a first positioning arm (Figs. 7A-B), a second positioning arm (Figs. 7A-B) and a rigid bridging portion (Fig. 6a – 31b and front surface of 16) mechanically associated with both said first and second positioning arms, wherein each of said first and second positioning arms comprises a plurality of rigid segments (Figs. 7A-B), and a plurality of hinges (39) interconnecting between successive of said rigid segments. To the extent it is not clear from Bebenroth that there are two shoulder strap assemblies, Cottrell discloses a carrier that includes two shoulder assemblies (Sheet 3 of drawings). It would have been obvious to one of ordinary skill to have included two shoulder strap assemblies because it would stabilize the pack on the user. To the extent the rigid nature of the bridging portion is not clear from Bebenroth, Cottrell disclose two shoulder supports connected by a rigid bridging portion (Sheet 3 of drawings). It would have been obvious to one of ordinary skill to have rigidly connected the shoulder supports in Bebenroth to make a more stable support structure for the pack.
Regarding claim 13, the combination from claim 12 discloses wherein the plurality of hinges are parallel one to the other (Bebenroth Figs. 7A-B).
Regarding claim 14, the combination from claim 12 discloses wherein at least part of the rigid segments are generally rectangular shaped (Bebenroth Fig. 7A – horizontal bars 36 are generally rectangular).
Regarding claim 15, the combination from claim 12 discloses wherein the generally rectangular shaped rigid segments comprise hinge links (39 – Bebenroth) at opposing sides of their rectangular periphery and interconnecting between successive of said rigid segments is via the hinge links (Fig. 7A – Bebenroth).
Regarding claim 16, the combination from claim 12 fails to disclose an adjustable connection. However, Cottrell discloses an adjustable connection between shoulder supports and the bridging portion (Sheet 24, Fig. 1 – see pivotally adjustable connection for shoulder supports, which would allow for adjustment to the shoulder support angle). It would have been obvious to one of ordinary skill to have used a pivotally adjustable connection for the shoulder supports because it would allow for multiple different positions for the shoulder supports as desired.
Regarding claim 17, the combination from claim 16 discloses wherein the rigid bridging portion is comprised in an adjustment mechanism of the system (adjustment mechanism (pivot fasteners – Cottrell sheet 24, Fig. 1) is secured to and can be considered part of the rigid bridging portion).
Regarding claim 18, the combination from claim 16 discloses wherein said adjustment mechanism defines a motion of said first positioning arm as a rotation about a first axis and a motion of said second positioning arm as a rotation about a second axis (Cottrell sheet 24, Fig. 1 – rotation about two upper fasteners in the shoulder supports).
Regarding claim 19, the combination from claim 16 discloses wherein said first and second axes are substantially parallel (Cottrell sheet 24, Fig. 1).
Allowable Subject Matter
Claims 20-22 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The cited references disclose configurations similar to that disclosed by applicant.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SCOTT T MCNURLEN whose telephone number is (313)446-4898. The examiner can normally be reached M-F 8am-5pm.
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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.
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/SCOTT T MCNURLEN/Primary Examiner, Art Unit 3734
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