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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12/8/2025 has been entered.
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 21-26 and 28 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.
Regarding claim 21, paragraph [0026] of the specification, as originally filed, discloses holding the bag at the handling structure and further holding the bag at or adjacent the drawstring. Wherever the bag is held “at or adjacent the drawstring” is considered to be a handle. Therefore, the specification, as originally filed, lacks antecedent basis for the recitation “the open end of the bag do not include any handle, and the handle is the only handling structure for the bag”. This is a new matter rejection.
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 21-26 and 28 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. The metes and bounds of the invention are unclear with applicant’s use of the term “substantially” and “about 4 to 6 inches.”
Claims that have not been specifically mentioned are rejected since they depend from a claim that has been rejected under 35 U.S.C. 112(a) and (b) or 35 U.S.C. 112 (pre-AIA ), first and second paragraphs.
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 21-26 and 28 are rejected under 35 U.S.C. 103 as being unpatentable over Ramirez (US 2010/0260443) in view of Krieger (US 2009/0208149) and Shook (US 9,266,655).
Regarding claim 21, Ramirez discloses bag (game bag 10) sized to house harvested game (paragraph [0003]), which meets the structure implied by the functional recitation “configured to receive and hold contents at least as heavy and bulky as a portion of a large animal carcass that is moist with blood and other visceral fluid”. Ramirez discloses the bag comprises: i. a containing portion defining a closed end (closed bottom seam 22), an open end (passage 14) opposite the closed end, and a side portion (side edges 18, 20) interconnecting the closed end and the open end, wherein the containing portion has a substantially rectangular (Fig. 3) shape with a long side portion and a shorter closed end (bottom seam 22) and an open end (mouth 12), wherein the side portion defines a length between the closed end and the open end (Fig. 3), and further wherein the open end is configured for operation between a holding configuration for holding the carcass portion in the bag and a passing configuration for passing the carcass portion through the open end. Ramirez discloses nylon fabric of the game bags (10) is marketed as being breathable (paragraph [0029]), and nylon will not retain water as the water is wicked away from the meat and settles towards the direction of gravitational pull according to where the bag is placed for storage, water will run down from the upper portions of the bag, rapid drainage and drying are natural properties of nylon (paragraph [0030]), which meets the structure implied by the functional recitation “the containing portion formed substantially of a fabric that allows the moisture from the carcass to pass out of the bag”; ii. a closure mechanism (drawstring 16) adjacent the open end for selectively closing the open end to provide the holding configuration and opening the open end to provide the passing configuration, wherein the closure mechanism includes a first drawstring (16) extending through a drawstring passage on a front panel of the bag and a second drawstring (16) extending through a drawstring passage on a back panel of the bag, which meets the structure implied by the functional recitation “each selectively operable for providing the holding configuration and the passing configuration”; iii. the side portion of the bag does not include any handle, and the open end of the bag includes suspending loops (24 26), but does not include any handle. Ramirez further discloses the size of a fabric sheet is preselected according to a desired size of the finished game bag. Thus, game bags may be produced in a variety of sizes to accommodate different sizes of game to be stored (paragraph [0028]). However, Ramirez does not disclose the side portion length being at least about 48 inches. It would have been an obvious matter of design choice to person having ordinary skill in the art before the effective filing date of the claimed invention to make the side portion length at least about 48 inches in the containing portion of the Ramirez bag, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. However, Ramirez does not disclose the handling structure as claimed.
Krieger, which is drawn to a bag, discloses iii. a handling structure (30, [0011]) positioned at, and centered on, a closed end and the handling structure runs along the closed end, parallel to the closed end, and wherein the handling structure includes an opening and an adjacent handle, the opening being is accessible from beyond the closed end, the opening and the handle sized and shape to allow the person to insert the person's fingers through the opening and grasp the handle for lifting the bag with the closed end uppermost, wherein the handling structure includes a strip of fabric defining a first end and a second end, the first end is coupled to the closed end on a first side of a center of the closed end and the second end is coupled to the closed end on a second side of the center of the closed end opposite the first side, the strip of fabric extending in a direction parallel to the closed end and providing a handle between the first end and second end, and wherein the side portion and the open end of the bag do not include any handle, and the handle is the only handling structure for the bag, and wherein the side portion defines a length between the closed end and the open end. Thus, it 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 to use a handle as disclosed by Krieger on the bag of Ramirez in order to facilitate handling of the bag. Moreover, it would have been an obvious matter of design choice to a person having ordinary skill in the art before the effective filing date of the claimed invention to make the opening of the handling structure between about 4 inches to about 6 inches in length in the direction parallel to the closed end and about 0.5 inches in width, and the side portion length be at least about 48-inches in the modified Ramirez bag, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art.
Shook, which is also drawn to a bag, discloses a first drawstring (14a) that extends through a first cuff (16) adjacent an open end, the first cuff extends along a first half of the open end, a second drawstring (14b or 14c) that extends through a second cuff (16) adjacent the open end, and the second cuff extends along a second half of the open end, wherein each of the first and second drawstrings makes a substantially complete circuit through its respective cuff such that each of the first drawstring and second drawstring have an end extending from a first side of the bag and each of the first drawstring and second drawstring have an end extending from a second side of the bag opposite the first side, and wherein each drawstring is selectively operable for providing the holding configuration and the passing configuration. See Figs. 1-6. Thus, it 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 to have the drawstrings of Ramirez extend as disclosed by Shook in order to close and handle the bag from different sides of the bag.
Regarding claim 22, Ramirez discloses the claimed invention, especially the fabric of the bag being nylon fabric, as discussed above. However, it is unclear if the nylon fabric is a duplex nylon fabric. It would have been obvious to one having ordinary skill in the art at the time the invention was made to use duplex nylon fabric for the nylon fabric in the Ramirez bag, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice.
Regarding claim 23, Ramirez disclose the claimed invention, especially the fabric of the bag being nylon fabric, as discussed above. However, it is unclear if the nylon fabric is a nylon/cotton blend fabric. It would have been obvious to one having ordinary skill in the art at the time the invention was made to use a nylon/cotton blend as the nylon fabric in the Ramirez bag, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice.
Regarding claim 24, Ramirez disclose the claimed invention, especially the fabric of the bag being nylon fabric, as discussed above. However, it is unclear if the nylon fabric is a TASLAN breathable 4-ply material. It would have been obvious to one having ordinary skill in the art at the time the invention was made to use TASLAN breathable 4-ply material as the nylon fabric in the Ramirez bag, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice.
Regarding claim 25, Ramirez disclose the claimed invention, especially the fabric of the bag being nylon fabric, as discussed above. However, it is unclear if the nylon fabric is a rip-stop fabric. It would have been obvious to one having ordinary skill in the art at the time the invention was made to use rip-stop fabric as the nylon fabric in the Ramirez bag, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice.
Regarding claim 26, Ramirez disclose the claimed invention, as discussed above. Ramirez especially discloses the bag being produced in a variety of sizes to accommodate different sizes of game to be stored (paragraph [0028]). However, Ramirez does not disclose the closed end defining a width that is at least about 30 inches. It would have been an obvious matter of design choice to a person having ordinary skill in the art before the effective filing date of the claimed invention to make the closed end define a width that is at least about 30 inches in the Ramirez bag, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art.
Regarding claim 28, Ramirez discloses the bag defines an internal space and further wherein the open end provides the only access to the internal space.
Claim 29 is rejected under 35 U.S.C. 103 as being unpatentable over Ramirez (US 2010/0260443) in view of Shook (US 9,266,655) and Baumhauer (US 2009/0260203).
Regarding claim 29, Ramirez discloses a bag (10) configured to receive and hold contents at least as heavy and bulky as a portion of a large animal carcass that is moist with blood and other visceral fluid, the bag configured to be grabbed by a hand of a person and carried by the person, the bag comprising: i. a containing portion defining a closed end, an open end opposite the closed end, and a side portion interconnecting the closed end and the open end, wherein the containing portion has a substantially rectangular shape with a long side portion and shorter closed end and open end, and wherein the open end is configured for operation between a holding configuration for holding the carcass portion in the bag and a passing configuration for passing the carcass portion through the open end, and wherein the containing portion is formed substantially of a fabric that allows the moisture from the carcass to pass out of the bag; ii. a closure mechanism (16) adjacent the open end for selectively closing the open end to provide the holding configuration and opening the open end to provide the passing configuration. See Fig. 1 and Abstract. Ramirez does not disclose the closure mechanism or handling structure as claimed.
Shook, which is also drawn to a bag, discloses a closure mechanism that includes a first drawstring and a second drawstring (14a - 14c), wherein the first drawstring extends through a first cuff (16) adjacent the open end, the first cuff extending along a first half of the open end, and the second drawstring extends through a second cuff adjacent the open end, the second cuff extending along a second half of the open end, wherein each of the first and second drawstrings makes a substantially complete circuit through its respective cuff such that each of the first drawstring and second drawstring have an end extending from a first side of the bag and each of the first drawstring and second drawstring have an end extending from a second side of the bag opposite the first side, each drawstring being selectively operable for providing the holding configuration and the passing configuration. See Figs. 1-6. Thus, it 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 to have the drawstrings of Ramirez extend as disclosed by Shook in order to close and handle the bag from different sides of the bag.
Baumhauer, which is also drawn to a bag, discloses a handling structure (124) positioned at a closed end, wherein the handling structure includes a pair of handles along the closed end, wherein each handle is formed by an opening through the bag adjacent the closed end, wherein each handle is capable of being reinforced by a reinforcing fabric coupled to the bag adjacent each opening, wherein each opening sized and shaped to allow the person to insert the person's fingers through the opening and grasp the handle for lifting the bag, and wherein the side portion and the open end of the bag do not include any handle. See Fig. 1; and [0017]. Moreover, Ramirez discloses using stitching. Thus, it 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 to have handling structures with openings, as disclosed by Baumhauer, that are separated from an interior space of the bag by stitching in order to facilitate the carrying and transport of the bag.
Response to Arguments
Applicant’s arguments have been considered but are moot because of the new grounds of rejection.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEREK J BATTISTI whose telephone number is (571)270-5709. The examiner can normally be reached 9:00 am - 5:00 pm M-F.
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/DEREK J BATTISTI/Primary Examiner, Art Unit 3734