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 .
Claims 2-4, 10-11, and 13-14 are withdrawn from further consideration. Applicant made the election of Group III, directed to the luggage vacuum system with specificities to the pump structure, without traverse, in the response dated 10/30/2024 is acknowledged.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the following claimed features must be shown, without entering any new matter: the pump is directly coupled to the compression bag without an external hose extending across the interior space in claim 1.
The later-filed application must be an application for a patent for an invention which is also disclosed in the prior application (the parent or original nonprovisional application or provisional application). The disclosure of the invention in the parent application and in the later-filed application must be sufficient to comply with the requirements of 35 U.S.C. 112(a) or the first paragraph of pre-AIA 35 U.S.C. 112, except for the best mode requirement. See Transco Products, Inc. v. Performance Contracting, Inc., 38 F.3d 551, 32 USPQ2d 1077 (Fed. Cir. 1994).
The disclosure of the prior-filed application, Application No. 16/272272, fails to provide adequate support or enablement in the manner provided by 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph for one or more claims of this application.
The new amendment to claims 1, 20 and 24 the new amend to claims 1, 20 and 24 regarding the limitation “the compression bag is not configured to be removed by a user during normal packing and compression operation” in 16/272272 application (see below in 112 rejections).
Also, “the pump is directly coupled to the compression bag without an external hose” does not have support in 16/272272, note the vacuum bag is attached to portion 200 (or housing) which is identified as “vacuum assembly”. The pump is contained in this housing:
Outer box 210 preferably houses all of the components of the vacuum assembly, including, without limitation, a power source, pump, motor, hoses/conduits, etc. Outer box 210 can be constructed from one or more various types of materials, including, without limitation, metals, plastics, woods, etc.
Claims 1, 6, 12, 15, 17, and 23 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 pre-AIA the inventor(s), at the time the application was filed, had possession of the claimed invention. The original disclosure does not teach the compression bag “the compression bag is not configured to be removed by a user during normal packing and compression operation”. There is no definition of what comprises “normal backpacking and compression operation” and the limitation “the compression bag is not configured to be removed by a user during normal packing and compression operation” add specificities to the specification and constitute new matter to the application. Similarly, in claim 23, the limitation “each clip of the plurality of clips being a not user-removable fastener during normal operation.” also comprises new matter. Regarding the original specification does not teach the new limitation “the pump is directly coupled to the compression bag without an external hose”. Note the specification (fig. 32) shows a pump connected to a hose at (552) and this hose is connected to the threaded connector:
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Also, note fig. 1 does not teach the limitation “the pump is directly coupled to the compression bag without an external hose” note the vacuum bag is attached to portion 200 (or housing 210) which is identified as “vacuum assembly” which is contained inside this “vacuum assembly”.
Outer box 210 preferably houses all of the components of the vacuum assembly, including, without limitation, a power source, pump, motor, hoses/conduits, etc. Outer box 210 can be constructed from one or more various types of materials, including, without limitation, metals, plastics, woods, etc.
This is a new matter rejection.
Claims 1, 6, 12, 15 17, and 23 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.
It is unclear what comprises “normal backpacking and compression operation”
Also, the limitation “compression bag remains positioned relative to the shell during operation and is not freely movable” is confusing. The invention is a compression bag which is movable in responsive to the suction force by the vacuum. It seems at the attachment portion the bag is immovable to the connection to the mating fasteners, but the other parts of the bag is still movably responsive to the suction force by the vacuum by contracting.
Regarding claim 5, “the first area” has no antecedent basis.
Regarding the limitation “the pump is directly coupled to the compression bag without an external hose” note the vacuum bag is attached to portion 200 (or housing 210) which is identified as “vacuum assembly” which is contained inside this “vacuum assembly”. Also note the specification (fig. 32) shows a pump connected to a hose at (552) and this hose is connected to the threaded connector:
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Thus, the limitation “the pump is directly coupled to the compression bag” contradicts the specification.
Double Patenting:
This application.
US Patent 10376031
24. A piece of luggage comprising:
a shell defining an interior space;
a handle secured to the shell;
a pump and
a power source in electrical communication with the pump;
a single compression bag having
a first closable opening for receiving contents and
a second opening for securing the compression bag to the pump,
the compression bag disposed within the interior space and connected to the shell within the interior space;
wherein the connection of the compression bag to the shell is separate from the connection of the compression bag to the pump;
wherein air withdrawn from the compression bag by the pump is expelled to outside the shell.
1. A piece of luggage comprising:
a shell having a sidewall and a back wall defining an interior space, the sidewall including an upper wall portion
having an opening;
a handle having a first elongated member and a second elongated member and an externally accessible cross member secured to a first end of the first elongated member and a first end of the second elongated member, the handle movable from a fully retracted position to a fully extended portion with respect to the upper wall portion of the sidewall; a first handle guide secured to an interior surface of the back wall within the interior space; a second handle guide secured to the interior surface of the back wall within the interior space, the first handle guide and the second handle guide defining a first area therebetween within the interior space; wherein a second end of the first elongated member disposed within the first handle guide and movable within the first handle guide and a second end of the second elongated member disposed within the second handle guide and movable within the second guide;
a removable pump assembly disposed and secured within the interior space;
a power source receiving member disposed and secured within an upper portion of the first area adjacent to the upper wall portion; the power source receiving member having a receiving cavity which is aligned with and externally accessible through the opening in the upper wall portion; one or more electrical contact pins disposed within the receiving cavity;
a removable power source disposed and removably inserted within the receiving cavity through the opening in the upper wall portion, the removable power source having one or more electrical contacts that are in electrical communication with the one or more electrical contact pins when the removable power source is disposed within the receiving cavity;
the removable power source in electrical communication with the pump assembly to provide power for the pump assembly;
a compression bag secured within the interior space, the compression bag having
a first closable opening wherein clothes and items can be inserted within the compression bag and
a second opening, the compression bag is connected to the removable pump assembly at the second opening of the compression bag;
a front member or cover secured to the shell, wherein in a cover closed position the interior space is externally inaccessible and in a cover opened position the interior space is accessible to provide access to the compression bag and any contents contained therein and to remove the pump assembly;
wherein in operation, with the first opening of the compression bag closed, air is evacuated out of the air compression bag through the second opening by the removable pump assembly.
Claims 1, 5, 6, 12, 15-17, and 20-25 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims of U.S. Patent No. 10,376,031 in view of Jung. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of ‘031 are narrower than the claims of the presence application and teaches all claimed limitations. It would have been obvious to one of ordinary skill in the art to eliminate certain recitation in the claims of ‘031 to eliminate other structures or function when they are not desired. Regarding the new limitation of the “wherein the connection of the compression bag to the shell is separate from the connection of the compression bag to the pump”. Jang teaches that it is known in the art to provide the compression bag connected to the shell within the interior space via hook and loop 16/a at a plurality of locations and the connection of the compression bag to the shell being separate from the connection of the compression bag to the pump (at 34). It would have been obvious to one of ordinary skill in the art before the effective filing date to provide the compression bag connected to the shell and the being separate from the connection from the bag to the pump as taught by Jang to keep the bag secured while operating the vacuum pump. Regarding the limitation “wherein the compression bag is not configured to be removed by a user during normal packing and compression operation”, this limitation does not impart any structure over the claims in ‘031, i.e., when the bag is closed for transport or when the vacuum is turning on, the bag is not configured to be removed as claimed.
SET I:
Claims 1, 6, 15, 20, and 22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jang (KR100651236), or in the alternative under 35 U.S.C. 103 as being unpatentable over Jang in view of Milani (8251192)
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The suitcase includes a bag body(12), one or more vacuum packs(40) and a compressing device.
Therefore, the product is put into the vacuum pack 40, the zipper lock 42 is locked, and the check valve 44 is connected to the vacuum device by connecting the vacuum device to the check valve 44. ), The vacuum pack is stored. After the compression of the vacuum pack 40, the suction tube 34 is separated from the check valve 44, of course.
In addition, the Velcro tape 16a is fixed to the bottom surface of the main case 12b, and the Velcro tape 16b is also provided on the bottom surface of the cover case 12a. The Velcro tapes 16a and 16b hold the vacuum pack 40 so that the vacuum pack (the vacuum pack in the state in which the article is stored) contained in the bag body 12 does not shake in the accommodation space 14. To this end, the Velcro tapes 16a and 16b are attached to the outer surface of each vacuum pack 40 to be attached to the Velcro tapes 16a and 16b, respectively.
Regarding claim 1, Jang teaches a piece of luggage comprising: a shell (12) defining an interior space; a handle (fig. 1) secured to the shell; a pump (32); a power source (battery 38) in electrical communication with the pump; a single compression bag (40 note single can be used) disposed within the interior space and connected to the shell at a plurality of spaced locations such that the compression bag remains positioned relative to the shell during operation and is not freely movable (via hook and loops at 16a) within the interior space, the compression bag having a first closable opening (at 42) for receiving contents and a second opening (connecting hole at 44 pump) for securing the compression bag to the pump; wherein in operation, with the first opening closed, the pump is directly coupled to the compression bag without an external hose extending across the interior space and withdraws air from the compression bag through the second opening to reduce the size of the compression bag. wherein the compression bag is not configured to be removed by a user during normal packing and compression operation (i.e., during travel or during the operation of the pump).
In the alternative, Milani teaches that it is known in the art to provide a battery on the suitcase in place of AC power.
“A power source 140, such as a battery or the like, is connected to the vacuum unit via a control switch 142 mounted on the handle to control operation of the vacuum unit. The power source can be located spaced apart from the suitcase, as a wall outlet which is connected to the suitcase by means of a plug 144, or it can be a battery pack located spaced apart from the suitcase or on the suitcase.”
It would have been obvious to one of ordinary skill in the art before the effective filing date to provide battery in place of AC to provide alternative source of power.
Regarding claim 6, note the air withdrawn from the compression bag by the pump is released out of the pump via (32a).
Regarding claim 15, note pump is a self-contained vacuum having an outer box or housing at 32.
Regarding claim 20, note a piece of luggage comprising a shell (12) having a sidewall and a back wall defining an interior space, the sidewall including an upper wall portion; a handle (fig. 1)secured to the shell; a pump and a power source; the power source in electrical communication with the pump to provide power for the pump; a single compression bag (40) having a first closable opening (42) wherein clothes and items can be inserted within the compression bag and a second opening for securing the compression bag to the pump, the compression bag connected to the shell within the interior space at a plurality of locations (hook and loops 16a) such that the compression bag is not user-removable during normal operation, the compression bag is connected to the pump at the second opening (at 44) such that air is removed from the compression bag to reduce the size of the compression bag, the connection of the compression bag to the shell being separate from the connection of the compression bag to the pump; a front member or cover (12a) secured to the shell, wherein in a cover closed position the interior space is externally inaccessible and in a cover opened position the interior space is accessible to provide access to the compression bag and any contents contained therein; wherein in operation, with the first opening of the compression bag closed, air is evacuated out of the air compression bag through the second opening by the pump.
Regarding claim 21, note the cover (or lid) permanently (hingedly) secured to a portion of an edge of the sidewall and a remaining portion of the front member releasably secured to a remaining edge portion of the sidewall.
Regarding claim 22, note the compression bag, in an uncompressed state, extends over a substantial portion of the shell in fig. 1.
Claims 23-25 are rejected under 35 U.S.C. 103 as being unpatentable over Jang in view of Johnson et al. (9648932). Jang meets all claimed limitations except for the clips. Johnson teaches that it is known in the art to provide attachment of clips as equivalent to hook and loop.
“The illustrated fasteners 36 are embedded magnets but any other suitable removable fasteners can alternatively be utilized such as, for example, buckles, buttons, clips, hook and loop fasteners (such as Velcro), snaps, straps, ties, turn locks, zippers, and the like.”
it would have been obvious to one of ordinary skill in the art before the effective filing date to provide clip in place of hook and loop to provide an alternative attachment.
Regarding the limitation “each clip of the plurality of clips being a not user-removable fastener during normal operation”, note that this functional limitation does not impart any structure over the clips in the modified Jang in view of Johnson. Also, the clips are not removable during travel or during the operation of the pump, as set forth above.
Regarding claim 24, note a piece of luggage comprising: a shell (12) defining an interior space; a handle secured to the shell (fig. 1); a pump (32) and a power source (via 38) in electrical communication with the pump; a single compression bag (40) having a first closable opening (42) for receiving contents and a second opening (44) for securing the compression bag to the pump, the compression bag disposed within the interior space and connected to the shell within the interior space; wherein the connection of the compression bag to the shell is separate from the connection of the compression bag to the pump; wherein air withdrawn from the compression bag by the pump is expelled to outside the shell (at 32a).
Regarding claim 25, note the connection of the compression bag to the shell being separate from the connection of the compression bag to the pump as set forth supra.
SET II:
Claims 1, 6, 15, 20-22, and 24-25 are rejected under 35 U.S.C. 103 as being unpatentable over Carey (20150089903) in view of Jang (KR 100651236).
In one embodiment, this may include a housing 208 of the vacuum assembly 206 bolted, screwed, or bonded with adhesive to the fabric of one of the side walls 204. In other embodiments, this may include the housing 208 of the vacuum assembly 206 bolted, screwed, or bonded with adhesive to a support member, e.g., a plastic insert, used to make the side wall 204 rigid.
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The present device is a sealable vacuum bag that can be either attached or non-detached to luggage.
The vacuum bag connection port uses a one-way valve to seal the vacuum bag in the luggage or to allow the vacuum bag to be removed from the luggage.
The vacuum bag 2 is extended above the luggage in its packing position. Once packed the bag is closed by using a sealing device 15 to close the sealing mechanism 14. The luggage 1 holds the vacuum bag 2 after it has been reduced in size by the vacuum. The vacuum apparatus is installed in the bottom of the luggage and includes; a connection port 3 on the vacuum bag through which the air in the vacuum bag is expelled, 4 tubing from valve connection to the air compressor which is a vacuum mode, a small vacuum casing compartment in the luggage 7 which contains vent holes 5 form which air is passed to the outside of the luggage, an air compressor 6, an on/off switch 12, a pc board for controlling the operation 8, a usb charging port 9, a battery 10 which could be either a 12 volt single battery of six two volt batteries and a cover 11 which opens to allow access the inside of the compartment. The cover 11 is open during the vacuum operation to allow the vent to expel the air. The luggage might have wheels 13 but they wouldn't be on every embodiment of the device.
[0051] The device use is straightforward. When the luggage is ready to be packed, the vacuum bag 2 is extended upward in order to pack in as many clothes as feasible. Once packing is complete the vacuum bag seal 14 is closed, in this embodiment with a mechanism to help seal the bag 15, and the front cover 11 for the vacuum casing 7 is opened. The tubing 4 to the air compressor 6 is pushed into the connection port 3 to the vacuum bag and the on/off switch 12 is turned to the on position. The on/off switch 12 starts the air compressor 6 to draw air through the air compressor tubing 4 and the connection port 3 to withdraw air from the vacuum bag 2 so the bag will fit inside the luggage 1.
1. A vacuum bag within a piece of luggage extends beyond the luggage while being packed and that is then reduce in size so it fits inside the luggage after applying a vacuum
Regarding claim 1, Carey teaches a shell (1) defining an interior space a pump (6), a power source (10) in electrical communication with the pump; a single compression bag (2) disposed within the interior space and connected to the shell at a plurality of spaced locations such that the compression bag remains positioned relative to the shell during operation and is not freely movable within the interior space (i.e., similar to that as applicant’s the bag is removable or non-detached to the luggage, at the removable attachment or at the connection with the hose pump or at the non-detached points, the bag is not freely movable as claimed), the compression bag having a first closable opening (at 14/15) for receiving contents and a second opening (at 3 and in fig. 5, the place at the connecting hole for pump) for securing the compression bag to the pump; wherein in operation, with the first opening closed (at 14/15 fig. 4). As best understood in view of the 112 matters above, the pump is directly coupled to the compression bag (via the tubing 4 similar to applicant’s hose 552 and hose/conduits cited above) which without an external hose extending across the interior space (note the tubing 4 does not run across the interior space) and withdraws air from the compression bag through the second opening to reduce the size of the compression bag, wherein the compression bag is not configured to be removed by a user during normal packing and compression operation i.e, when the bag is closed for transport or when the vacuum is turning on, the bag is not configured to be removed as claimed. Also, this functional limitation does not impart any structure over the bag in Carey. Carey meets all claimed limitations except for the handle.
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Therefore, the product is put into the vacuum pack 40, the zipper lock 42 is locked, and the check valve 44 is connected to the vacuum device by connecting the vacuum device to the check valve 44. ), The vacuum pack is stored. After the compression of the vacuum pack 40, the suction tube 34 is separated from the check valve 44, of course.
In addition, the Velcro tape 16a is fixed to the bottom surface of the main case 12b, and the Velcro tape 16b is also provided on the bottom surface of the cover case 12a. The Velcro tapes 16a and 16b hold the vacuum pack 40 so that the vacuum pack (the vacuum pack in the state in which the article is stored) contained in the bag body 12 does not shake in the accommodation space 14. To this end, the Velcro tapes 16a and 16b are attached to the outer surface of each vacuum pack 40 to be attached to the Velcro tapes 16a and 16b, respectively.
Jang teaches that it is known in the art to provide a handle (note the two handles in fig. 1). It would have been obvious to one of ordinary skill in the art to provide a handle as taught by Efron to enable one to carry the device easily.
Regarding claim 6, note the air withdrawn from the compression bag by the pump is released out of the pump via vent holes (5).
Regarding claim 12, note the teaching that the pump (via housing) removably secured to the shell by “this may include a housing 208 of the vacuum assembly 206 bolted, screwed.. In other embodiments, this may include the housing 208 of the vacuum assembly 206 bolted, screwed, or bonded…, used to make the side wall 204 rigid”. It would have been obvious to one of ordinary skill in the art before the effective filing date to provide a plurality of screws connections to keep the pump more secured.
Regarding claim 15, note the housing 7 (casing).
Regarding claims 20 and 24-25, Carey teaches a shell (1) having a sidewall and a back wall defining an interior space, the sidewall including an upper wall portion; a pump (6) and a power source (10); the power source in electrical communication with the pump to provide power for the pump; a single compression bag (2) having a first closable opening (14/15) wherein clothes and items can be inserted within the compression bag and a second opening (at 3 and in fig. 5, the place at the connecting hole for pump ) for securing the compression bag to the pump, that the compression bag is not user-removable during normal operation i.e, when the bag is closed for transport or when the vacuum is turning on, the bag is not configured to be removed as claimed. The compression bag is connected to the pump at the second opening such that air is removed from the compression bag to reduce the size of the compression bag, a front member or cover secured to the shell, wherein in a cover closed position the interior space is externally inaccessible and in a cover opened position the interior space is accessible to provide access to the compression bag and any contents contained therein; wherein in operation, with the first opening of the compression bag closed, air is evacuated out of the air compression bag through the second opening by the pump.
Carey meets all claimed limitations except for (a) the compression bag connected to the shell within the interior space at a plurality of locations the connection of the compression bag to the shell being separate from the connection of the compression bag to the pump (b) the handle, (c) and in claim 20, a front member or cover.
Regarding claims 20 and 24 Jang teaches that it is known in the art to provide the compression bag connected to the shell within the interior space via hook and loop 16/a at a plurality of locations and the connection of the compression bag to the shell being separate from the connection of the compression bag to the pump (at 34). It would have been obvious to one of ordinary skill in the art before the effective filing date to provide the compression bag connected to the shell and the being separate from the connection from the bag to the pump as taught by Jang to keep the bag secured while operating the vacuum pump.
Regarding the handle, as set forth above, Jang teaches that it is known in the art to provide a handle (note the two handles in fig. 1). It would have been obvious to one of ordinary skill in the art to provide a handle as taught by Efron to enable one to carry the device easily.
Regarding the cover, Jang teaches that it is known in the art to provide cover (lid). It would have been obvious to one of ordinary skill in the art before the effective filing date to provide a lid as taught by Jang to secure the contents.
Regarding claim 21, note the cover (or lid) of Jang permanently (hingedly) secured to a portion of an edge of the sidewall and a remaining portion of the front member releasably secured to a remaining edge portion of the sidewall.
Regarding claim 22, note the compression bag in Carey or Jang, in an uncompressed state, extends over a substantial portion of the shell.
Claims 5, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Carey in view of Jung rejection as set forth above, in view of Selvi (9220326).
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Regarding claim 16, Carey meets all claimed limitations except for the handle details. Selvi teaches that it is known in the art to provide a first and a second elongated members (6) and an externally accessible cross member (10) secured to a first end of the first elongated member and a first end of the second elongated member, the handle movable from a fully retracted position to a fully extended portion with respect to the upper wall portion of the sidewall; a first and handle guides 6 secured to an interior surface of the back wall within the interior space; the first handle guide and the second handle guide defining a first area therebetween within the interior space; wherein a second end of the first elongated member disposed within the first handle guide and movable within the first handle guide and a second end of the second elongated member disposed within the second handle guide and movable within the second guide. It would have been obvious to one of ordinary skill in the art to provide the handle of Selvi in Efron to provide added stability when using the luggage.
Regarding claim 5, note the pump is located within a portion of the first area since the handle of Selvi is at the two edges of the luggage.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over the Carey (20150089903) rejection, as set forth above in claim 1, and further in view of Hughes (20140076679). Note the pump is removable and not as set forth above in claim 12. Carrey does not mention the battery being removable, Hughes teaches that it is known in the art to provide a removable battery (para. 41). It would have been obvious to one of ordinary skill in the art to have the battery of Carrey being removable to enable one to replace the battery when running out of power.
Claim 23 is rejected under 35 U.S.C. 103 as being unpatentable over Jang in view of Johnson et al. (9648932). Jang meets all claimed limitations except for the clips. Johnson teaches that it is known in the art to provide attachment of clips as equivalent to hook and loop.
“The illustrated fasteners 36 are embedded magnets but any other suitable removable fasteners can alternatively be utilized such as, for example, buckles, buttons, clips, hook and loop fasteners (such as Velcro), snaps, straps, ties, turn locks, zippers, and the like.”
it would have been obvious to one of ordinary skill in the art before the effective filing date to provide clip in place of hook and loop to provide an alternative attachment.
Regarding the limitation “each clip of the plurality of clips being a not user-removable fastener during normal operation”, note that this functional limitation does not impart any structure over the clips in the modified Jang in view of Johnson. Also, the clips are not removable during travel or during the operation of the pump, as set forth above.
Applicant’s arguments with respect to the claims have been considered but are moot because the new ground of rejections.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
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TRI M. MAI
Examiner
Art Unit 3733
/TRI M MAI/ Primary Examiner, Art Unit 3733
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