DETAILED ACTION
Claims 1-8, 12, and 13 are pending. Claims 1, 4-8, 12 and 13 are amended.
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 .
Response to Amendment
This office action is responsive to the amendment filed on July 15, 2026. As directed by the amendment: claims 1, 4-8, 12 and 13 have been amended. Thus, claims 1, 4-8, 12 and 13 are presently pending in this application with claims 2 and 3 being withdrawn from consideration.
Applicant has not overcome the drawing objections.
Applicant has not overcome the specification objections.
Applicant’s amendment to the claims has overcome the claim objections.
Applicant’s amendment of the claims has overcome the 35 USC §112(b) rejections.
Applicant’s filing of a terminal disclaimer has overcome the double patenting rejections.
Applicant’s amendments have not overcome the 35 USC §102(a)(1) and §103 rejections.
Response to Arguments
Each of the abstracts submitted on July 15, 2026 and June 25, 2026 are not entered because each does not follow the procedure for amending the abstract. There is no underlining to show changes or instruction to cancel the previous version of the abstract. See MPEP 714(II)(B) for how to make amendments to abstracts.
The drawings submitted June 25, 2026 are not entered because they do not follow the procedure for amending a drawing. The drawings do not include an identifier of “replacement sheet”. See MPEP 714(II)(D) for proper procedure in making drawing amendments.
Applicant argues that the lower part of the panel space does not extend from the left side edge to the right side edge and being free of seams at the lower part. The Examiner disagrees. As depicted in the annotated Fig. 5 below, the protectors 12 and 14 are located in the “panel space”. That there is a window, or part of the panel space that is exposed at the locations of the tabs 26 does not mean that the panel space does not exist merely due to the lack of inner layer at this location.
Further, applicant argues that Blauer does not permit the panel portions to move independently of each other. The Examiner respectfully disagrees. As detailed in the rejection, the straps 16, 18 could be disconnected as they are only attached by hook and loop patches. Furthermore, one could hold the straps 16 and 18 in place and move either of the panels 12 and 14 without impacting movement of the other panel. The claims do not provide any structure of lack of structure to permit that the portions can move independently of each other and thus Blauer’s structure reads on the claims as written.
Regarding claim 4, in response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). Applicant argues that Aquino does not permit the sides to be movable with respect to one another, however the Examiner only takes the carrier panels 925 and 836 from Aquino for the reasons stated in the rejection below, not the entire structure. Thus the ballistic panels of Blauer remain movable with respect to each other.
Regarding claim 12, in response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., tunnel or space from side to side, moving into another space with another panel) are not recited in the rejected claim(s) 12. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
The examiner submits that the panel space of Aquino could be closed on the edges, or even throughout the length of the panel space. The Examiner submits that the “panel space” is the multiple components attached together (see annotated Fig. 25 with respect to the claim 12 rejection). This “panel space” has seams that break the panel space into separate sub-spaces, but the overall “panel space” still includes two ballistic panels (this is in contrast to claim 1 which specifically recites that there can be no seams interconnecting the two carrier layers at the lower part).
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: tunnel 110. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 current abstract is greater than 150 words.
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 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, and 5-7 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Blauer (US 20220290945).
Regarding claim 1, Blauer describes a ballistic vest (carrier cover 100, carriers 12, 14), comprising:
a carrier (100) having a left side edge and a right side edge (see annotated Fig. 5);
a fastener (fastener 240) for, when the vest is being worn by a user, fastening the left side edge of the carrier to the right side edge of the carrier to close the vest on the user;
at least two ballistic panels (12, 14) supported in the carrier (100), including a front ballistic panel (12) and a back ballistic panel (14);
the carrier being made from at least two layers of material including an outer layer and an inner layer (see annotated Fig. 5) that are joined to each other at the top and bottom of the vest and that are substantially open at the left side edge and the right side edge (at 172, 176);
the carrier having portions defining a left armhole and a right armhole (122, 124);
the two carrier layers defining between them a panel space in the carrier (see annotated Fig. 5);
an upper part of the panel space being located above the bottom of the left and right armholes (see annotated Fig. 5) and a lower part of the panel space being located below the bottom of the left and right armholes (see annotated Fig. 5), the lower part of the panel space extending from the left side edge of the carrier to the right side edge of the carrier and being free of seams interconnecting the two carrier layers (lower part extends from edge to edge without seams interconnecting the carrier layers, that is, the lower part only includes openings at the edges, while the upper part includes seams, thus the lower part is free of seams);
the front panel (12) having an upper section that is positioned in the upper part of the panel space, the carrier constraining lateral movement of the front panel upper section within the panel space (panel space contains hoop and loop patches 30, which attach to carriers 12, 14, para. 0098);
the front panel having a lower section that is positioned in the lower part of the panel space, the front panel lower section being free to move laterally in the panel space (the front panel is free to move within the lower section of the space, any restriction is from outside of the space);
the back panel (14) having an upper section that is positioned in the upper part of the panel space, the carrier constraining lateral movement of the back panel upper section within the panel space (panel space contains hoop and loop patches 30, which attach to carriers 12, 14, para. 0098);
the back panel having a lower section that is positioned in the lower part of the panel space, the back panel lower section being free to move laterally in the lower part of the panel space (the rear panel is free to move within the lower section of the space, any restriction is from outside of the space);
the front panel lower section and the back panel lower section being movable independently of each other in the lower part of the panel space (waist strap 18 may not be mated, thus the panels can rotate with respect each other while being in the panel space, thus satisfying the claim language).
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Regarding claim 5, Blauer describes the vest as set forth in claim 1 wherein the carrier inner and outer layers are made from an elastic material (side panels, which house the carriers 12, 14, are composed of stretch fabric, para. 0067) and provide a snug fit on a user's torso thereby to transfer load of the ballistic panels to the user's torso while allowing the lower sections of the front and back ballistic panels to move laterally in the panel space upon movement and bending of the user (formed of stretch fabric and thus permit movement inasmuch as claimed).
Regarding claim 6, Blauer describes the vest as set forth in claim 1 wherein the lower part of the panel space is open at both the left side edge and the right side edge thereby forming a laterally extending tunnel in the carrier (includes an opening on both sides and forms two tunnels or a single tunnel with a side opening).
Regarding claim 7, Blauer describes the vest as set forth in claim 1 wherein the two carrier layers together define a bottom opening (waist attachments 150, 158 are zippers, facilitating inserting the carriers into the pockets from the bottom, para. 0064) that is configured to accept insertion of the back panel upward into the panel space, the two carrier layers having closed edge portions on either side of the bottom opening that help to support the front and back ballistic panels in the panel space (zippers have closed edges).
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 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 Blauer (US 20220290945) in view of Aquino (US 20150059042).
Regarding claim 4, Blauer describes the vest as set forth in claim 1 wherein the back panel lower section and the front panel lower section do not at least partially overlap each other (attached via waist straps 16, 18 and thus do not overlap); and
the front panel lower section and the back panel lower section being movable laterally relative to the left and right side panels (are removable and thus are movable laterally relative to side panels).
Blauer does not explicitly describe further including left and right side ballistic panels supported on the carrier at a location below the bottom of the left and right armholes and at least partially overlapping the front and back ballistic panels.
In relate art for ballistic vests Aquino describes including left and right side ballistic panels (detachable carrier panel 925, 836) supported on the carrier at a location below the bottom of the left and right armholes and at least partially overlapping the front and back ballistic panels (provide overlap between inserts, para. 0129).
It would have been obvious to a person having ordinary skill in the art prior to the time of filing the instant application to modify the vest of Blauer to include the additional attachments of Aquino in order to provide enhanced protection to vital areas such as the kidneys (Aquino, para. 0129).
Claim 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Aquino (US 20150059042).
Regarding claim 12, Aquino describes a ballistic vest (vest, para. 0068, 0107), comprising:
a carrier (support panel 700, Figs. 19, 22a, 22b as embodied in Fig. 25) made from at least two layers of material including an outer layer (backing layer 740) and an inner layer (inner layer 710) that are joined to each other at least partially at the top of the vest (seamed, para. 0115, 0110, exploded view);
the carrier having portions defining a left armhole and a right armhole (see annotated Fig. 25 below, as modified below);
the two carrier layers defining between them a panel space in the carrier (pocket, para. 0114);
at least two ballistic panels (panels 50 in each of the openings as modified below, attachment 746 for securing protective insert 50, para. 0114) suspended in the panel space at fixation points that are not below the armholes (insert 50 secured via attachment 746 which is located at the top of the insert), including a front ballistic panel and a back ballistic panel (inserts in panels 840, 850, and 845);
the carrier having portions that substantially constrain lateral movement of the front and back panels between the armholes (via attachment 746), and the carrier substantially enabling lateral movement of the front and back panels below the armholes independently of one another (there is no attachment mechanism and thus the lower panel section is free to move inasmuch as claimed, the front and back panels are unattached to one another and thus are independently movable).
The embodiment of Fig. 19 does not explicitly describe using the arrangement in other areas of a vest. However, the embodiment of Fig. 25 depicts a vest that includes multiple openings for inserts.
It would have been obvious to a person having ordinary skill in the art prior to the time of filing the instant application to modify the panel of Fig. 19 to be utilized in other areas so that a vest could be made utilizing the panel construction. That is, without the other panels, the front panel of Fig. 19 would be a floating panel and would not be useful in a situation requiring bullet-proof vests as a large portion of the torso would be unprotected. Thus, the space would extend to multiple panels.
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Allowable Subject Matter
Claims 8 and 13 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
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PATRICK J LYNCH whose telephone number is (571)272-1145. The examiner can normally be reached on M-Th, Alt F: 8:00 AM-5:00 PM ET.
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, Clint Ostrup can be reached on 571-272-5559. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PATRICK J. LYNCH/Primary Examiner, Art Unit 3732
