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 05-12-2025 and 02-27-2025 are acknowledged. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Election/Restrictions
Applicant's election with traverse of Group I, Claims 1-11 in the reply filed on 04-03-2026 is acknowledged. The traversal is on the ground(s) that the group . This is not found persuasive because each of the species can function differently without the other.
The requirement is still deemed proper and is therefore made FINAL.
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.
Claim(s) 1-3 and 5-11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Crye et al. (2015/0153140).
Regarding claim 1, Crye discloses a plate carrier system (figs 5-15) having a lay flat yoke, comprising:
a yoke (member 54, left side), said yoke comprising a pair of straps (members 44, left side) extending from said yoke, said yoke comprising a substantially flat attachment portion (member 72, left side);
a plate bag, said plate bag comprising an inner panel (member 24), said inner panel having a width;
a plate bag fastener connecting said yoke to said inner panel (figs 10-11); and
wherein said attachment portion of said yoke is in substantially continuous contact with said inner panel along said width of said inner panel (figs 6-7).
Regarding claim 2, Crye discloses a second yoke, said second yoke (member 54, right side) attached to said pair of straps (member 44, right side), said second yoke comprising a second substantially flat attachment portion (member 72, right side side);
a second plate bag, said second plate bag comprising a second inner panel (member 22), said second inner panel having a second width;
a second plate bag fastener connecting said second yoke to said second inner panel (figs 10-11); and
wherein said attachment portion of said second yoke is in substantially continuous contact with said second inner panel along said second width of said second inner panel (figs 6-7).
Regarding claim 3, Crye discloses said yoke, said second yoke, and said pair of straps are operable to continuously contact a user wearing said plate carrier system to lay flat on a user (figs 13-14).
Regarding claim 5, Crye discloses a strap fastener in each strap of said pair of straps, said strap fasteners operable to selectively connect and disconnect said yoke to said second yoke, and said strap fasteners operable to selectively adjust a length of said pair of straps (para 0031-0035).
Regarding claim 6, Crye discloses at least one sleeve (member 42) operable to cover said strap fasteners (fig 7).
Regarding claim 7, Crye discloses said strap fasteners are hook and loop fasteners (para 0031-0035).
Regarding claim 8, Crye discloses a doff strap (member 44) operable to connect to and quick release said strap fasteners, said doff strap comprising:
a body, said body having a first end opposite a second end (fig 6);
a pull tab (member 44) disposed at said first end of said body;
a connector (member 46) disposed at said second end of said body, said connector having a first side opposite a second side;
a hook fastener disposed on said first side of said connector; a loop fastener disposed on said second side of said connector; wherein said connector is operable to connect to said strap fasteners, wherein said body is operable to fold over said strap fasteners, wherein said body is operable to fit within said sleeves, and wherein, upon a pull of said pull tab by a user, said doff strap is operable to disconnect said strap fasteners to release said plate carrier system (para 0030-0031 and 0037-0039).
Regarding claim 9, Crye discloses said plate bag fasteners are stitching 9para 0031).
Regarding claim 10, Crye discloses said yokes are operable extend over the shoulder cavity over a user (figs 13-14).
Regarding claim 11, Crye discloses a plurality of grooves (member 60) defined by said yoke and said second yoke.
Claim Rejections - 35 USC § 103
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 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) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Crye et al. (2015/0153140) as applied to claim 2 above, and further in view of Maier et al. (4,493,115).
Regarding claim 4, Crye teaches all limitations of the claim except said first yoke and said second yoke each comprise a single layer of fabric. However, Crye further show that the yokes making of one layer (members 54 and 56).
Maier teaches a yoke having a fabric material (claim 5).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claim invention to modify the system of Crye by using a yoke making of a fabric material, as taught by Maier, in order to reduce materially the peak shock per unit area delivered to the shoulder of the user.
Conclusion
The prior art made of record and not relied upon, is listed on the attached PTO-892.
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BAO-THIEU L. NGUYEN
Primary Examiner
Art Unit 3732
/BAO-THIEU L NGUYEN/Primary Examiner, Art Unit 3732
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