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 Group 3 in the reply filed on 6/3/2026 is acknowledged. Claims 1- 8 and 15-20 are drawn to not elected species. Claims 9-14 have been examined on the merits.
Drawings
Black and white photographs are not ordinarily accepted in utility applications unless a petition filed under 37 CFR 1.84(a)(2) is granted. Photographs--
Black and white. Photographs, including photocopies of photographs, are not ordinarily permitted in utility and design patent applications. The Office will accept photographs in utility and design patent applications, however, if photographs are the only practicable medium for illustrating the claimed invention. For example, photographs or photomicrographs of: electrophoresis gels, blots (e.g. immunological, western, Southern, and northern), auto- radiographs, cell cultures (stained and unstained), histological tissue cross sections (stained and unstained), animals, plants, in vivo imaging, thin layer chromatography plates, crystalline structures, and, in a design patent application, ornamental effects, are acceptable. the subject matter of the application admits of illustration by a drawing, the examiner may require a drawing in place of the photograph. The photographs must be of sufficient quality so that all details in the photographs are reproducible in the printed patent.
In the instant case, photographs are not the only practical medium for illustrating the claimed invention. Further, the photographs are not of sufficient quality so that all the details are clear and reproduceable. New black and white line drawings are requested.
Claim Rejections - 35 USC § 102
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.
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 9-10 and 13-14 is/are rejected under 35 U.S.C. 102(a) (1) as being anticipated by Martinez (US 12,478,118). The device of Martinez teaches,
With respect to claim 9, A tactical vest fit adjustment apparatus comprising: a cummerbund (30) configured to span between a first panel (14) of a tactical vest to a second panel (16) of the tactical vest across sides of a wearer (Figure 1-2);
a first attachment panel (40,46) configured to releasably attach (46, via element 48) to an attachment panel (40)on the first panel (14) of the tactical vest, wherein the first attachment panel includes a set of channels (44) therethrough;
and a second attachment panel (10, 88, 90, 92) attached to the cummerbund (Figure 10), wherein a portion of the second attachment panel interconnects the second attachment panel (10) to the first attachment panel through the set of channels (44) and wherein a wearable length of the cummerbund is adjustable by sliding the portion of the second attachment panel through the set of channels (Figure 10).
With respect to claim 10, wherein a portion (area between the slots 44) of the first attachment panel (40) located between the set of channels passes through and is configured to travel within a slot (area between elements 92) in the portion of second attachment panel (10), and wherein a length of adjustment to the wearable length of the cummerbund is limited by a length of the slot in the portion of the second attachment panel. The prior art teaches the structure as recited, and would function in the manner recited such that the length of adjustment would be capable of being limited by the length of the slot in the portion of the second attachment panel, as functionally recited. See MPEP 2114.
With respect to claim 13, wherein a wearable length of the cummerbund(30) is releasably fixed by releasably attaching a portion (92) of the second attachment panel (10) that is overlapping the first attachment panel to the first attachment panel (Figure 10).
With respect to claim 14, wherein the second attachment panel (10) is configured to adjust the wearable length of the cummerbund independent from an adjustment of a connection of the first attachment panel to the attachment panel on the first panel of the tactical vest. The attachment at 92 is independent from the adjustment of a connection of the first attachment panel to the attachment panel of the first panel and therefore meets the functional language recited, see MPEP 2114.
Allowable Subject Matter
Claims 11-12 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. See PTO 892
Please Note, the art of recorded cited in the PTO-892 may be relevant to the features of the invention both claimed and unclaimed or are relevant to the overall inventive concept. The best art has been set forward in the office action, as determined by the examiner and the art references provided are to establish other significant and relevant art and to promote compact prosecution.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RICHALE L QUINN whose telephone number is (571)272-8689. The examiner can normally be reached Monday - Friday 9am -5pm.
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, Clinton Ostrup can be reached at 5712725559. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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RICHALE LEE. QUINN
Primary Examiner
Art Unit 3765
/RICHALE L QUINN/Primary Examiner, Art Unit 3732
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