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 .
Election/Restrictions
Applicant’s election without traverse of the species directed to Figs. 1 and 3m-3n (claims 1-3, 11-12, 16, and 18-19 in the reply filed on 9/28/2026 is acknowledged.
Claims 4-10,13-15, 17 and 20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 9/28/2026.
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The abstract of the disclosure is objected to because it includes phrases that can be implied: the first sentence of the Abstract recites the phrase “Disclosed is.”
A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
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.
Claims 1 and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Coughlan et al. (US PG Pub. No 2021/0339069, Nov. 4, 2021) (herein “Coughlan”).
Regarding claim 1, Coughlan teaches a weighted vest, comprising: a first vest body 12 (see para. [0040]-[0041], and Fig. 1 below), wherein the first vest body 12 is provided with a first weight member (i.e., weight plate 124 within a pocket 122, see para. [0062] and Fig. 5); a second vest body 14, wherein the second vest body 14 is provided with a second weight member (i.e., weight plate 124 within a pocket 122, see para. [0062]); and two adjustment members (i.e., two shoulder straps 18, see paras. [0041], and Figs. 1-2 below), wherein at least a portion of each of the two adjustment members 18 is disposed on the first vest body 12 and the second vest body 14 (i.e., one end of each shoulder strap 18 are coupled to both the first and second vest body 12,14), and the two adjustment members 18 are configured to connect the first vest body 12 and the second vest body 14 and adjust a relative position between the first vest body 12 and the second vest body 14 (see para. [0050]).
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Regarding claim 16, Coughlan teaches the weighted vest of claim 1, further comprising at least one hook, wherein the at least one hook 116 (see para. [0060]-[0061], and Fig. 1) is disposed on at least one of the first vest body 12 and the second vest body 14.
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.
Claims 2-3 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Coughlan, as applied to claim 1 above, in view of Shagdar et al. (US PG Pub. No. 2017/0354530, Dec. 14, 2017) (herein “Shagdar”)
Coughlan teaches the invention as substantially claimed.
Regarding claim 2, Coughlan is silent in explicitly teaching, wherein each of the two adjustment members 18 includes an elastic strap, and two ends of the elastic strap are fixedly connected to the first vest body 12 and the second vest body 14, respectively.
Shagdar, however, in an analogous art teaches a vest having adjustment members 70 that are elasticized straps (see Shagdar, paras. [0038],[0041]-[0042] and Fig. 4 below), and two ends of the elastic strap 70 are fixedly connected to a first vest body 60 and a second vest body 50, respectively (fixedly connected when wrapped about connectors 34,36,38).
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It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Coughlan such that the each of the two adjustment members 18 includes an elastic strap as taught by Shagdar and two ends of the elastic strap are fixedly connected to the first vest body 12 and the second vest body 14 in order to facilitate size adjustment of an individual and comfort (see Shagdar, para. [0042]).
Regarding claim 3, Coughlan as modified by Shagdar teaches the weighted vest of claim 2, wherein a distance from the elastic strap to the first vest body is less than a distance from the elastic strap to the second vest body (i.e., the modified elasticized straps 18 are adjustable such that a distance of the straps to the first vest body 12 can be is less than a distance from the elastic strap to the second vest body 14).
Regarding claim 18, Coughlan teaches wherein the first weight member (i.e., weight plate 124 within a pocket 122, see para. [0062] and Fig. 5) includes a first weight bag (i.e., pocket 122, see Fig. 5) and that an outer side of the first weight bag 122 is provided with a fourth adhesive element (i.e., hook/loop fastener 112/116, see Fig. 2 and 5), but is silent in teaching that each of two sides of the first vest body 12 is provided with a third adhesive element; each of two sides of the second vest body 14 is provided with a connecting ring; and the third adhesive element passes through the connecting ring and is detachably attached to the fourth adhesive element.
Shagdar, however, in an analogous art teaches a vest where each of two sides of a first vest body 60 is provided with a third adhesive element (i.e., straps 82 having hook/loop fastener 86, see Fig. 4 above); each of two sides of the second vest body 50 is provided with a connecting ring 38 (see Fig. 4 above); and the third adhesive element 86 passes through the connecting ring 86 and is detachably attached to a fourth adhesive element (i.e., hook/loop fastener 84).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Coughlan such that each of two sides of the first vest body 12 is provided with a third adhesive element (i.e., straps 80 having hook/loop fastener 86); each of two sides of the second vest body 14 is provided with a connecting ring 38; and the third adhesive element (i.e., straps 80 having hook/loop fastener 86) passes through the connecting ring 38 and is detachably attached to the fourth adhesive element (i.e., hook/loop fastener 116) as taught by Shagdar in order to facilitate size adjustment of an individual and comfort (see Shagdar, para. [0042]).
Allowable Subject Matter
Claims 11-12 and 19 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.
Regarding claim 11, none of the prior art either alone or in combination teach or suggest the weighted vest of claim 1, wherein the first vest body is provided with two first shoulder straps, and the second vest body is provided with two second shoulder straps; each of the two adjustment members includes a second buckle, a second guide buckle, and a second connecting strap; for each of the two adjustment members, the second buckle and an end of the second connecting strap are disposed on one of the first shoulder strap and the second shoulder strap that are corresponding to the adjustment member, and the second guide buckle is disposed on the other of the first shoulder strap and the second shoulder strap that are corresponding to the adjustment member; and another end of the second connecting strap passes through the second guide buckle, and then folds back to pass through the second buckle, and is detachably connected to the second buckle.
Claim 12 depends from claim 11.
Regarding claim 18, none of the prior art either alone or in combination teach or suggest the weighted vest of claim 18, wherein each of the two sides of the first vest body is provided with a first pad, the first pad is provided with a fixing strap, and the third adhesive element is provided on the fixing strap; and each of the two sides of the second vest body is provided with a second pad, the connecting ring is provided on the second pad, and the fixing strap is detachably wound around and connected to the connecting ring.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW S LO whose telephone number is (571)270-1702. The examiner can normally be reached Mon. - Fri. (9:30 am - 5:30 pm EST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, LoAn Jimenez can be reached at (571) 272-4966. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANDREW S LO/Primary Examiner, Art Unit 3784
