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 .
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.
Claims 1-16 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 1 line 3, “thereby from an enclosed cavity” is vague and indefinite. It appears to be a typographical error that should read “form an enclosed cavity”.
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.
Claims 1-4, 9, 12-15, 17, 19, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Boydd (2023/0417513).
Boydd discloses a portable shield 200 comprising most claimed elements including a first cover and a second cover with lips that are coupled to each other to form a cavity (note that without further limitations, the front face of shield cover 10 and an adjacent portion of the side of the cover meets the limitations of the first cover, and the rear face of shield cover 10 and an adjacent portion of the side of the cover meets the limitations of the second cover, and the remainder of the sides comprise the coupling element); a concave (see Figure 6) panel 20 with no holes that fits entirely within the cavity and that is larger across a first end than a second end and where the panel is a ballistic protection panel; a retention system comprising a strap that wraps around the panel to hold it in place; a handle 14 on the cover; and a removable firearm support 70. Boydd fails to specify the particular penetration parameters of the panel. However, the mere choice of ballistic panels with specific protection parameters are considered to have been obvious engineering choices at the time of the application’s filing that would be chosen to provide the required protection in a particular situation for the user. This is especially considered to have been obvious since Applicant does not appear to claim or indicate that the panels per se are inventive, merely the shield apparatus in combination with a ballistic panel, so the particular protection parameters could be provided by known prior art panels. In regard to claim 9, the mere addition of a second orthogonal strap is considered to have been obvious to one having ordinary skill in the art at the time of the application’s filing. Having a second strap to secure elements is notoriously well known in many technology areas because having a second strap provides redundant protection in case of the first strap failing as well as providing additional support in a second direction. Thus, having a second orthogonal strap is considered an obvious addition to provide improved performance.
Claims 5-9, 10, 11, and 16 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Claim 18 is 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 prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Martinez et al, Boyd, Seuk, and McMurray are cited as being of interest since they disclose shields.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to J. WOODROW ELDRED whose telephone number is (571)272-6901. The examiner can normally be reached M-F 9:00-5:30.
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/J. Woodrow Eldred/Primary Examiner, Art Unit 3641
JWE