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 Species I (FIGS.1-6B) in the reply filed on 1/27/2026 is acknowledged. Claims 21-40 are directed to Species I and are currently pending.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 10/6/2025 and 1/20/2026 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Objections
Claims 21, 25-26, 28, 32-33, 36, and 39 are objected to because of the following informalities:
In claim 21 line 8, “first article configured” should be changed to --first article is configured--.
In claim 25 line 7, “hydration tube” should be changed to --the hydration tube--.
In claim 26 line 4, “remains” should be changed to --remain--.
In claim 28 line 8, “positioned to” should be changed to --positioned on--.
In claim 32 line 2, “comprise” should be changed to --comprises--.
In claim 33 line 4, “remains” should be changed to --remain--.
In claim 36 line 7, “panel;” should be changed to --panel; and--.
In claim 36 line 8, “articles configured” should be changed to --articles is configured--.
In claim 39 line 7, “bladder.” should be changed to --bladder;--.
In claim 39 line 10, “compartment;” should be changed to --compartment; and--.
Appropriate corrections are required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 22-23, 25-27, and 33 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 22 recites the limitation “a passageway is formed between the inner surface and the outer surface of the shoulder strap” in line 3 and “the hydration tube extends through the passageway and exits through the second opening of the shoulder strap” in lines 6-7, which are not supported by the specification and drawings. The specification in para [0045] discloses “MOLLE attachment 142 may be used as a stabilizer 124 on the outer surface of the shoulder strap 120A-B configured to receive and secure accessories such as but not limited to hydration tube 136” and FIG. 1 depicts the hydration tube 136 extending through the passageway formed by the stabilizer 124. Alternatively, the specification in para [0051] discloses “[t]he hydration tube 136 may pass through the loop 134” and “the loop 134 comprises of a layer of securing mechanism 208 such as at least one layer of fabric secured to the outer surface of the rear shoulder strap 120A-B” and FIGS. 2A, 11A, and 15 depict the hydration tube 136 extending through the passageway formed by the loop 134. However, this disclosure contrasts with the claim language requiring the hydration tube to extend through a passageway formed between the inner surface and the outer surface of the shoulder strap. There are no other embodiments in Applicant’s disclosure that describes or depicts the hydration tube extending through a passageway formed between the inner surface and the outer surface of the shoulder strap.
Claim 23 recites the limitation “a passageway is formed between the inner surface and the outer surface of the shoulder strap” in line 3 and “the hydration tube extends through the passageway and exits through the second opening of the shoulder strap” in lines 5-6, which are not supported by the specification and drawings. The specification in para [0045] discloses “MOLLE attachment 142 may be used as a stabilizer 124 on the outer surface of the shoulder strap 120A-B configured to receive and secure accessories such as but not limited to hydration tube 136” and FIG. 1 depicts the hydration tube 136 extending through the passageway formed by the stabilizer 124. Alternatively, the specification in para [0051] discloses “[t]he hydration tube 136 may pass through the loop 134” and “the loop 134 comprises of a layer of securing mechanism 208 such as at least one layer of fabric secured to the outer surface of the rear shoulder strap 120A-B” and FIGS. 2A, 11A, and 15 depict the hydration tube 136 extending through the passageway formed by the loop 134. However, this disclosure contrasts with the claim language requiring the hydration tube to extend through a passageway formed between the inner surface and the outer surface of the shoulder strap. There are no other embodiments in Applicant’s disclosure that describes or depicts the hydration tube extending through a passageway formed between the inner surface and the outer surface of the shoulder strap.
Claim 25 recites the limitation “an inner surface and an outer surface of the shoulder strap forming a passageway” in line 2 and “hydration tube extends through the passageway and exits through the third opening of the one or more openings” in lines 7-8, which are not supported by the specification and drawings. The specification in para [0045] discloses “MOLLE attachment 142 may be used as a stabilizer 124 on the outer surface of the shoulder strap 120A-B configured to receive and secure accessories such as but not limited to hydration tube 136” and FIG. 1 depicts the hydration tube 136 extending through the passageway formed by the stabilizer 124. Alternatively, the specification in para [0051] discloses “[t]he hydration tube 136 may pass through the loop 134” and “the loop 134 comprises of a layer of securing mechanism 208 such as at least one layer of fabric secured to the outer surface of the rear shoulder strap 120A-B” and FIGS. 2A, 11A, and 15 depict the hydration tube 136 extending through the passageway formed by the loop 134. However, this disclosure contrasts with the claim language requiring the hydration tube to extend through a passageway formed between the inner surface and the outer surface of the shoulder strap. There are no other embodiments in Applicant’s disclosure that describes or depicts the hydration tube extending through a passageway formed between the inner surface and the outer surface of the shoulder strap.
Claim 26 recites the limitation “the hydration tube is extended between an inner surface and an outer surface of the shoulder strap forming a passageway” in lines 4-5, which is not supported by the specification and drawings. The specification in para [0045] discloses “MOLLE attachment 142 may be used as a stabilizer 124 on the outer surface of the shoulder strap 120A-B configured to receive and secure accessories such as but not limited to hydration tube 136” and FIG. 1 depicts the hydration tube 136 extending through the passageway formed by the stabilizer 124. Alternatively, the specification in para [0051] discloses “[t]he hydration tube 136 may pass through the loop 134” and “the loop 134 comprises of a layer of securing mechanism 208 such as at least one layer of fabric secured to the outer surface of the rear shoulder strap 120A-B” and FIGS. 2A, 11A, and 15 depict the hydration tube 136 extending through the passageway formed by the loop 134. However, this disclosure contrasts with the claim language requiring the hydration tube to extend through a passageway formed between the inner surface and the outer surface of the shoulder strap. There are no other embodiments in Applicant’s disclosure that describes or depicts the hydration tube extending through a passageway formed between the inner surface and the outer surface of the shoulder strap.
Claim 27 recites the limitation “the hydration tube is extended between an inner surface and an outer surface of the shoulder strap forming a passageway” in lines 1-2, which is not supported by the specification and drawings. The specification in para [0045] discloses “MOLLE attachment 142 may be used as a stabilizer 124 on the outer surface of the shoulder strap 120A-B configured to receive and secure accessories such as but not limited to hydration tube 136” and FIG. 1 depicts the hydration tube 136 extending through the passageway formed by the stabilizer 124. Alternatively, the specification in para [0051] discloses “[t]he hydration tube 136 may pass through the loop 134” and “the loop 134 comprises of a layer of securing mechanism 208 such as at least one layer of fabric secured to the outer surface of the rear shoulder strap 120A-B” and FIGS. 2A, 11A, and 15 depict the hydration tube 136 extending through the passageway formed by the loop 134. However, this disclosure contrasts with the claim language requiring the hydration tube to extend through a passageway formed between the inner surface and the outer surface of the shoulder strap. There are no other embodiments in Applicant’s disclosure that describes or depicts the hydration tube extending through a passageway formed between the inner surface and the outer surface of the shoulder strap.
Claim 33 recites the limitation “the hydration tube is extended between an inner surface and an outer surface of the shoulder strap forming a passageway” in lines 4-5, which is not supported by the specification and drawings. The specification in para [0045] discloses “MOLLE attachment 142 may be used as a stabilizer 124 on the outer surface of the shoulder strap 120A-B configured to receive and secure accessories such as but not limited to hydration tube 136” and FIG. 1 depicts the hydration tube 136 extending through the passageway formed by the stabilizer 124. Alternatively, the specification in para [0051] discloses “[t]he hydration tube 136 may pass through the loop 134” and “the loop 134 comprises of a layer of securing mechanism 208 such as at least one layer of fabric secured to the outer surface of the rear shoulder strap 120A-B” and FIGS. 2A, 11A, and 15 depict the hydration tube 136 extending through the passageway formed by the loop 134. However, this disclosure contrasts with the claim language requiring the hydration tube to extend through a passageway formed between the inner surface and the outer surface of the shoulder strap. There are no other embodiments in Applicant’s disclosure that describes or depicts the hydration tube extending through a passageway formed between the inner surface and the outer surface of the shoulder strap.
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 21-40 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.
Claim 21 recites the limitation “one or more openings positioned to the rear panel” in line 5, which is vague and indefinite. Due to the ungrammatical nature of the limitation, it is unclear how openings can be positioned to the rear panel. Openings are typically formed within a structure or between two or more structures. Openings cannot be positioned to or on structures. The use of the terms “positioned” and “to” appear to be used incorrectly.
Claim 24 recites the limitation "the set of articles" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 25 recites “the one or more openings” in line 3, which is vague and indefinite. It is unclear if “the one or more openings” refer back to the one or more openings positioned to the rear panel as recited in parent claim 21 or if they refer to different openings.
Claim 25 recites the limitation “a second opening positioned between an inner surface of the compartment to the inner surface of the shoulder strap” in lines 4-5, which is vague and indefinite. Because the compartment and the shoulder strap are two distinct structures that have at least two degrees of separation including the outer surface of the compartment and other structures present between the two structures, it is unclear how an opening can be formed between an inner surface of the compartment and the inner surface of the shoulder strap.
Claim 25 recites the limitation “a third opening positioned to the outer surface of the shoulder strap” in line 5, which is vague and indefinite. Due to the ungrammatical nature of the limitation, it is unclear how an opening can be positioned to the outer surface of the shoulder strap. Openings are typically formed within a structure or between two or more structures. Openings cannot be positioned to or on structures. The use of the terms “positioned” and “to” appear to be used incorrectly.
Claim 26 recites the limitation "the set of compartments" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 31 recites the limitation “one or more openings positioned on the rear panel” in line 6, which is vague and indefinite. Due to the ungrammatical nature of the limitation, it is unclear how openings can be positioned on the rear panel. Openings are typically formed within a structure or between two or more structures. Openings cannot be positioned on structures. The use of the terms “positioned” and “on” appears to be used incorrectly.
Claim 32 recites the limitation "the set of articles" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 32 recites the limitation “when at least one article…is inserted to an inner surface of the at least one compartment” in lines 2-3, which is vague and indefinite. Due to the ungrammatical nature of the limitation, it is unclear how an article can be inserted to an inner surface. A structure can be inserted in or into another structure, but not “to” another structure. The use of the term “to” appears to be used incorrectly.
Claim 33 recites the limitation "the set of compartments" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 36 recites the limitation “one or more openings positioned on the rear panel” in line 6, which is vague and indefinite. Due to the ungrammatical nature of the limitation, it is unclear how openings can be positioned on the rear panel. Openings are typically formed within a structure or between two or more structures. Openings cannot be positioned on structures. The use of the terms “positioned” and “on” appears to be used incorrectly.
Claim 36 recites the limitation "the physical activities" in the last line. There is insufficient antecedent basis for this limitation in the claim.
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.
(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.
Claims 21, 24, and 28-29 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by US 2004/0096199 (Egbert et al., hereinafter “Egbert”).
Regarding claim 21, Egbert discloses a wearable apparatus (abstract, FIGS. 1-7) comprising:
a main body 10 (FIGS. 1-7), the main body comprising:
a rear panel comprising an inner surface and an outer surface (see annotated FIG. 1 below);
a shoulder strap extending from the rear panel, one or more openings positioned to the rear panel (see annotated FIG. 1 below);
one or more compartments secured to the rear panel (see annotated FIG. 1 below),
wherein at least one compartment 20 of the one or more compartments is configurable to secure one or more articles (see annotated FIG. 1 below), wherein a first article configured to hold a quantity of fluids, the first article being a hydration bladder 36, the hydration bladder includes a hydration tube 22 (FIG. 1, para 0021); and
wherein the hydration tube 22 extends from an inner surface of the at least one compartment 20 through at least one opening of the one or more openings of the rear panel (the zipper shown but not labeled in FIG. 1 of hydration pack 20, when opened, reveals an opening of the rear panel through which the hydration tube 22 can extend).
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Regarding claim 24, Egbert teaches the wearable apparatus of claim 21, and further discloses wherein when a second article of the set of articles is secured to the at least one compartment (a weight 38 can be secured to another compartment as shown in FIG. 2), the hydration bladder 36 and the hydration tube 22 remains accessible to a user during movement (the hydration bladder 36 and tube 22 remain accessible since the weight 38 is provided in another compartment - FIGS. 1-2).
Regarding claim 28, Egbert teaches the wearable apparatus of claim 21, and further discloses at least one fastener (the zipper located on hydration pack 20 as shown but not labeled in FIG. 1 can be interpreted as the at least one fastener), the at least one fastener comprising: a first component; and a second component (zippers comprise two flexible strips with interlocking projections, the two strips can be interpreted as the first and second components, respectively - FIG. 1); wherein when the first component and the second component of the at least one fastener are disengaged with each other, the at least one compartment 20 of the one or more compartments is configurable to secure the hydration bladder 36, the at least one compartment 20 positioned to the rear panel (FIG. 1).
Regarding claim 29, Egbert teaches the wearable apparatus of claim 21, and further discloses wherein the main body 10 comprises: a vest configuration (see annotated FIG. 1 below), the vest configuration comprising: a front panel, the rear panel, and side panels (see annotated FIG. 1 below); or a harness configuration, the harness configuration comprising: shoulder straps and a waist strap (see annotated FIG. 1 below); wherein the vest and the harness configurations are adapted to route the hydration tube 22 from the rear panel along the shoulder strap (the hydration tube 22 is routed from the hydration pack 20 of the rear panel and is capable of being routing along the shoulder strap by resting thereon - FIG. 1).
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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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 22-23, 25-27, 30-39 are rejected under 35 U.S.C. 103 as being unpatentable over Egbert in view of US 10,327,535 (Steele).
Regarding claim 22, Egbert teaches the wearable apparatus of claim 21, but does not disclose wherein: the shoulder strap comprises an inner surface and an outer surface; a passageway is formed between the inner surface and the outer surface of the shoulder strap; the passageway comprises a second opening of the one or more openings on the outer surface of the shoulder strap; the hydration tube extends through the passageway and exits through the second opening of the shoulder strap.
Steele teaches a shoulder strap that comprises an inner surface and an outer surface (see annotated FIG. 1 below); a passageway 127 is formed between the inner surface and the outer surface of the shoulder strap (inasmuch as Applicant has described the structure 124 in FIG. 1 of Applicant’s drawings to be the passageway formed between an inner surface and an outer surface of the shoulder strap 120A, Steele discloses the same type of structure with the strap 127 secured to the outer surface of the shoulder strap - see annotated FIG. 1 below); the passageway comprises a second opening of the one or more openings on the outer surface of the shoulder strap (see annotated FIG. 1 below); a hydration tube 129 extends through the passageway and exits through the second opening of the shoulder strap (see annotated FIG. 1 below).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Egbert’s shoulder strap with the strap attachment as taught by Steele in order to secure the hydration tube in a position that is accessible and out of the way during movement.
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Regarding claim 23, Egbert teaches the wearable apparatus of claim 21, and further discloses wherein when a second article of the set of articles is secured to the at least one compartment (a weight 38 can be secured to another compartment as shown in FIG. 2), the hydration tube 22 remains accessible to a user during movement (the tube 22 remains accessible since the weight 38 is provided in another compartment - FIGS. 1-2). However, Egbert does not disclose wherein: the shoulder strap comprises an inner surface and an outer surface; a passageway is formed between the inner surface and the outer surface of the shoulder strap; the passageway comprises an exit opening on the outer surface of the shoulder strap; the hydration tube extends through the passageway and exits through the exit opening of the shoulder strap.
Steele teaches a shoulder strap that comprises an inner surface and an outer surface (see annotated FIG. 1 below); a passageway 127 is formed between the inner surface and the outer surface of the shoulder strap (inasmuch as Applicant has described the structure 124 in FIG. 1 of Applicant’s drawings to be the passageway formed between an inner surface and an outer surface of the shoulder strap 120A, Steele discloses the same type of structure with the strap 127 secured to the outer surface of the shoulder strap - see annotated FIG. 1 below); the passageway comprises an exit opening on the outer surface of the shoulder strap (see annotated FIG. 1 below); a hydration tube 129 extends through the passageway and exits through the exit opening of the shoulder strap (see annotated FIG. 1 below).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Egbert’s shoulder strap with the strap attachment as taught by Steele in order to secure the hydration tube in a position that is accessible and out of the way during movement.
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Regarding claim 25, Egbert teaches the wearable apparatus of claim 21, but does not disclose an inner surface and an outer surface of the shoulder strap forming a passageway, the one or more openings further comprising: a second opening positioned between an inner surface of the compartment to the inner surface of the shoulder strap; a third opening positioned to the outer surface of the shoulder strap, wherein hydration tube extends through the passageway and exits through the third opening of the one or more openings.
Steele teaches a shoulder strap that comprises an inner surface and an outer surface of the shoulder strap forming a passageway 127 inasmuch as Applicant has described the structure 124 in FIG. 1 of Applicant’s drawings to be the passageway formed between an inner surface and an outer surface of the shoulder strap 120A, Steele discloses the same type of structure with the strap 127 secured to the outer surface of the shoulder strap - see annotated FIG. 1 below); a second opening 206 positioned between an inner surface of the compartment to the inner surface of the shoulder strap (FIG. 2, Col 5:52-53); a third opening 125 positioned to the outer surface of the shoulder strap 107 (FIG. 1), wherein hydration tube 129 extends through the passageway 127 and exits through the third opening of the one or more openings (see annotated FIG. 1 below).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Egbert’s shoulder strap with the strap attachment as taught by Steele in order to secure the hydration tube in a position that is accessible and out of the way during movement.
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Regarding claim 26, Egbert teaches the wearable apparatus of claim 21, and further discloses wherein a divider is positioned between the at least one compartment 20 of the set of compartments and a second compartment (see annotated FIG. 1 below), wherein when an article 38 is secured to the second compartment of the set of compartments (a weight 38 can be secured to another compartment as shown in FIG. 2), the hydration bladder 36 and the hydration tube 22 remains accessible to a user during movement (the tube 22 remains accessible since the weight 38 is provided in another compartment - FIGS. 1-2).
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However, Egbert does not disclose wherein the hydration tube is extended between an inner surface and an outer surface of the shoulder strap forming a passageway.
Steele teaches a shoulder strap that comprises an inner surface and an outer surface (see annotated FIG. 1 below); a passageway 127 is formed between the inner surface and the outer surface of the shoulder strap (inasmuch as Applicant has described the structure 124 in FIG. 1 of Applicant’s drawings to be the passageway formed between an inner surface and an outer surface of the shoulder strap 120A, Steele discloses the same type of structure with the strap 127 secured to the outer surface of the shoulder strap - see annotated FIG. 1 below); a hydration tube 129 extends through the passageway of the shoulder strap (see annotated FIG. 1 below).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Egbert’s shoulder strap with the strap attachment as taught by Steele in order to secure the hydration tube in a position that is accessible and out of the way during movement.
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Regarding claim 27, Egbert teaches the wearable apparatus of claim 21, but does not disclose wherein the hydration tube is extended between an inner surface and an outer surface of the shoulder strap forming a passageway configured to prevent excessive movement of the hydration tube.
Steele teaches a shoulder strap that comprises an inner surface and an outer surface (see annotated FIG. 1 below); a passageway 127 is formed between the inner surface and the outer surface of the shoulder strap (inasmuch as Applicant has described the structure 124 in FIG. 1 of Applicant’s drawings to be the passageway formed between an inner surface and an outer surface of the shoulder strap 120A, Steele discloses the same type of structure with the strap 127 secured to the outer surface of the shoulder strap - see annotated FIG. 1 below); wherein a hydration tube 129 extends through the passageway of the shoulder strap (see annotated FIG. 1 below) configured to prevent excessive movement of the hydration tube 129 (Col 4:63 to 5:3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Egbert’s shoulder strap with the strap attachment as taught by Steele in order to secure the hydration tube in a position that is accessible and out of the way during movement.
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Regarding claim 30, Egbert teaches the wearable apparatus of claim 21, but does not disclose wherein the outer surface of the shoulder strap comprises a securing mechanism, the securing mechanism is a stabilizer positioned on the outer surface configured of the shoulder strap to secure the hydration tube.
Steele teaches the outer surface of the shoulder strap 107 comprises a securing mechanism 127, the securing mechanism is a stabilizer 127 positioned on the outer surface configured of the shoulder strap to secure the hydration tube 129 (see annotated FIG. 1 below).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Egbert’s shoulder strap with the strap attachment as taught by Steele in order to secure the hydration tube in a position that is accessible and out of the way during movement.
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Regarding claim 31, Egbert discloses a wearable apparatus (abstract, FIGS. 1-7) comprising:
a main body 10 (FIGS. 1-7), the main body comprising:
a rear panel comprising an inner surface and an outer surface (see annotated FIG. 1 below);
a shoulder strap extending from the rear panel, one or more openings positioned to the rear panel (see annotated FIG. 1 below);
one or more openings positioned on the rear panel (openings to access each compartment (FIGS. 1-2);
one or more compartments secured to the rear panel (see annotated FIG. 1 below),
wherein at least one compartment 20 of the one or more compartments is configurable to secure one or more articles (see annotated FIG. 1 below), wherein a first article configured to hold a quantity of fluids, the first article being a hydration bladder 36, the hydration bladder includes a hydration tube 22 (FIG. 1, para 0021);
wherein a passageway is formed on the outer surface of the rear panel extending to the outer surface of the shoulder strap (the zipper shown but not labeled in FIG. 1 of hydration pack 20, when opened, reveals a passageway formed on the outer surface of the rear panel); and
wherein the hydration tube 22 extends from the at least one compartment 20, passes through a second opening of the one or more openings (the zipper shown but not labeled in FIG. 1 of hydration pack 20, when opened, reveals an opening of the rear panel through which the hydration tube 22 can extend).
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However, Egbert does not disclose wherein the passageway comprises a first opening of the one or more openings forming an exit opening positioned on the outer surface of the shoulder strap; and wherein the hydration tube exits through the exit opening.
Steele teaches a shoulder strap 107 that comprises passageway comprising a first opening of the one or more openings forming an exit opening 127 positioned on the outer surface of the shoulder strap; and wherein a hydration tube 129 exits through the exit opening 127 (see annotated FIG. 1 below).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Egbert’s shoulder strap with the strap attachment as taught by Steele in order to secure the hydration tube in a position that is accessible and out of the way during movement.
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Regarding claim 32, modified Egbert teaches the wearable apparatus of claim 31, and Egbert further discloses wherein the at least one compartment of the one or more compartments comprise flexible material configurable to increase in volume when at least one article of the set of articles is inserted to an inner surface of the at least one compartment, wherein when the at least one or more articles of the set of articles are removed, the at least one compartment decreases in volume (the pockets are constructed of belt-webbing material, which inherently is flexible enough to allow expansion if an oversized weight is placed in the pocket and to decrease in volume if said oversized weight is removed - para 0030).
Regarding claim 33, modified Egbert teaches the wearable apparatus of claim 31, and Egbert further discloses a divider is positioned between the at least one compartment 20 of the set of compartments and a second compartment (see annotated FIG. 1 below), wherein when an article 38 is secured to the second compartment of the set of compartments (a weight 38 can be secured to another compartment as shown in FIG. 2), the hydration bladder 36 and the hydration tube 22 remains accessible (the tube 22 remains accessible since the weight 38 is provided in another compartment - FIGS. 1-2).
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Steele further discloses wherein the hydration tube 129 is extended between an inner surface and an outer surface of the shoulder strap 107 forming a passageway 127 (FIG. 1).
Regarding claim 34, modified Egbert teaches the wearable apparatus of claim 31, and Steele further discloses wherein the outer surface of the shoulder strap 107 comprises a securing mechanism 127, the securing mechanism is a stabilizer 127 positioned on the outer surface configured of the shoulder strap to secure the hydration tube 129 (FIG. 1).
Regarding claim 35, modified Egbert teaches the wearable apparatus of claim 31, and Egbert further discloses at least one fastener secured to the at least one compartment 20 of the one or more compartments (the zipper located on hydration pack 20 as shown but not labeled in FIG. 1 can be interpreted as the at least one fastener), the at least one fastener comprising: a first component; and a second component (zippers comprise two flexible strips with interlocking projections, the two strips can be interpreted as the first and second components, respectively - FIG. 1); wherein when the first component and the second component of the at least one fastener are disengaged with each other, the at least one compartment 20 of the one or more compartments is configurable to secure the hydration bladder 36 (FIG. 1).
Regarding claim 36, Egbert discloses a wearable apparatus (abstract, FIGS. 1-7) comprising:
a main body 10 (FIGS. 1-7), the main body including:
a rear panel comprising:
an inner surface and an outer surface (see annotated FIG. 1 below);
a shoulder strap extending from the rear panel (see annotated FIG. 1 below);
one or more openings positioned on the rear panel (see annotated FIG. 1 below);
one or more openings positioned on the rear panel (openings to access each compartment (FIGS. 1-2);
one or more compartments secured with the rear panel (see annotated FIG. 1 below);
one or more articles wherein a first article 36 of the one or more articles configured to hold a fluid (see annotated FIG. 1 below), the first article being a hydration bladder 36 positioned in at least one compartment 20, the hydration bladder comprises a hydration tube 22 (FIG. 1, para 0021),
wherein a method of preparation comprises:
routing the hydration tube 22 from the at least one compartment 20 through at least one opening on the rear panel (the zipper shown but not labeled in FIG. 1 of hydration pack 20, when opened, reveals an opening of the rear panel through which the hydration tube 22 can be routed);
extending the hydration tube 22 along the shoulder strap (the hydration tube 22 is capable of extending along the shoulder strap by resting on it - FIG. 1); and
wherein when a second article 38 of the one or more articles is secured in the at least one compartment (a weight 38 can be secured to another compartment as shown in FIG. 2), the hydration tube 22 remains accessible during the physical activities (the hydration tube 22 remains accessible since the weight 38 is provided in another compartment - FIGS. 1-2).
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However, Egbert does not disclose securing the hydration tube to the shoulder strap such that the hydration tube remains accessible to the user.
Steele teaches a step of securing a hydration tube 129 to a shoulder strap 107 such that the hydration tube 129 remains accessible to the user (see annotated FIG. 1 below).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Egbert’s shoulder strap with the strap attachment as taught by Steele in order to secure the hydration tube in a position that is accessible and out of the way during movement.
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Regarding claim 37, modified Egbert teaches the wearable apparatus of claim 36, and Egbert further discloses a divider within the inner surface of the at least one compartment (see annotated FIG. 1 below); wherein the method of preparation further comprises: securing the article 38 in a section of the at least one compartment (a weight 38 can be secured to another compartment as shown in FIG. 2) separated from the hydration bladder by the divider (see annotated FIG. 1 below),
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Regarding claim 38, modified Egbert teaches the wearable apparatus of claim 36, and Egbert further discloses a passageway formed on the outer surface of the rear panel extending to the outer surface of the shoulder strap (the zipper shown but not labeled in FIG. 1 of hydration pack 20, when opened, reveals an opening, i.e., passageway, formed on the outer surface of the rear panel through which the hydration tube 22 can extend towards the outer surface of the shoulder strap); and wherein the hydration tube 22 extends from the at least one compartment 20, passes through a second opening of the one or more openings extending through the passageway (hydration tube 22 can extend through the zipper passageway - FIG. 1); wherein the method of preparation further comprises: inserting a hydration bladder 36 to the at least one compartment 20 (FIG. 1); extending the hydration tube 22 between an inner surface of the at least one compartment 20 to an inner surface of the shoulder strap (FIG. 1); the hydration tube 22 remaining accessible to a user during movement (FIGS. 1-7). Steele further discloses wherein the passageway 127 comprises a first opening of the one or more openings forming an exit opening positioned on the outer surface of the shoulder strap 107 (FIG. 1); and wherein the hydration tube 129 exits through the exit opening (FIG. 1).
Regarding claim 39, modified Egbert teaches the wearable apparatus of claim 36, and Egbert further discloses at least one fastener secured to the at least one compartment 20 of the one or more compartments (the zipper located on hydration pack 20 as shown but not labeled in FIG. 1 can be interpreted as the at least one fastener), the at least one fastener comprising: a first component; and a second component (zippers comprise two flexible strips with interlocking projections, the two strips can be interpreted as the first and second components, respectively - FIG. 1); wherein when the first component and the second component of the at least one fastener are disengaged with each other, the at least one compartment 20 of the one or more compartments is configurable to secure the hydration bladder 36 (FIG. 1)[;]
wherein the method of preparation further comprises:
disengaging the first component and the second component of the at least one fastener configured to insert the hydration bladder 36 to the at least one compartment 20 (user can unzip the zipper and insert the fillable bladder 36 into the hydration pack - FIG. 1, para 0021);
extending the hydration tube 22 to the outer surface of the at least one compartment 20 along the outer surface of the shoulder strap (user can extend the delivery tube 22 along the outer surface of the shoulder strap - FIG. 1).
Allowable Subject Matter
Claim 40 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.
The following is a statement of reasons for the indication of allowable subject matter: Egbert in view of Steele teaches the wearable apparatus of claim 36, and Egbert further discloses wherein the method of preparation further comprises: inserting the hydration bladder 36 to the at least one compartment 20 (FIG. 1); and extending the hydration tube 22 to the outer surface of the at least one compartment 20 along the outer surface of the shoulder strap (FIG. 1).
However, Egbert in view of Steele does not disclose a hook secured to the inner surface of the at least one compartment of the one or more compartments; wherein the method of preparation further comprises: engaging the hook to an upper portion of the hydration bladder.
There is no teaching, suggestion, or motivation in the prior art of record that would have made it obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Egbert’s invention to arrive at the claimed invention.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 form.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSHUA S LEE whose telephone number is (571)270-1661. The examiner can normally be reached Monday-Friday 11am-7pm Eastern.
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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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/Joshua Lee/Primary Examiner, Art Unit 3784