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 1, 2, 5-8 and 12-19 are rejected under 35 U.S.C. 103 as being unpatentable over Dike (3443671) in view of Sadow (20060226619), and further in view of Selvi (7832533).
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(147) In this instance, the collar 91, 92 might desirably be of nonuniform width, wider in the lower middle region, to allow the tote to assume a more rounded out contour.
(148) Zipper tracks 93a, 93b and 94a, 94b are secured along the edges of these expansion collars. As seen in top view at FIGURE 47 these tracks have spaced ends 95a, 95b and 96a, 96b, which have stops to prevent the sliders going off at that end. The opposite ends of the track pairs converge and terminate in permanent engaged end portions 97, 98 which have sliders on them and beyond the sliders have their ends stopped to prevent the sliders from coming -off. (171)
In fig. 10, Dike teaches a luggage case with first and second shell (10 in fig. 10 and including the adjacent zipper 13), first and second peripheral edges defining the two opening and opening zip (12 in fig. 10), a first expansion zip (40a) and a second expansion zip (40b), and a first and second reinforcing structure attached to and between the expansion zips the opening zip (see the examiner’s notation of reinforcing structure).
Note that in a published patent, the drawings are part of the teaching, and the published patent does not limit the teachings to described words, b) the structure shown in fig. 10 is a convention reinforcement piping structure used in construction of sewn products like garment, cushion, bags, and the like for the purpose of the reinforcement and to provide a clean edge.
In fig. 46, Dike teaches a luggage case with first and second shell (two sides at 90 in fig. 46), first and second peripheral edges defining the two opening and opening zip (see notation), a first expansion zip (the flexible portion between 93a+93b) and a second expansion zip (the flexible portion between 84a+94b). It would have been obvious to one of ordinary skill in the art to provide the reinforcement structure shown in fig. 10 in the embodiment in fig. 46 to provide structural reinforcement to add rigidity for added protection and/or to prevent collapse of the material about the flexible portions.
Dike meets all claimed limitations except for the extendable tow handle coupled to at least one of the first or second shell and two-wheel assemblies coupled to at least the first shell or the second shell Sadow teaches that it is known in the art to provide an extendable tow handle 132 coupled to at least one of the first or second shell and two-wheel assemblies 134 coupled to at least the first shell or the second shell. It would have been obvious to one of ordinary skill in the art to provide the handle and wheel assembly of Sadow in Dike to enable one to wheel and/or transport the luggage easily.
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The handle assembly 132 is coupled to an upper surface of the base member 134, and the wheels 136 are coupled to a bottom surface of the base 134. The rollers 136 can be any conventional rolling device, such as wheels, bearings, casters, among other rolling devices.
Dike also does not teach the limitation wherein the first and second reinforcing structures are first and second piping structures, each first and second piping structure including an elongated member and either or both the elongated members is made of wire, extruded plastic, or fiberglass, Selvi teaches that it is known in the art to provide piping reinforcements for expandable zipper at 17 of wire:
(18) These runs of piping 17 are such as to provide stiffness to the operational runs of the associated Zip fasteners 3A and 3B thus to the composite Zip fastener arrangement 3. If desired this piping 17 an be stiffened by an internally provided wire (not shown) extending lengthways of the piping.
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It would have been obvious to one of ordinary skill in the art to provide the piping with wire to provide rigidity and/or the desired stiffening.
Regarding claim 2, note the shell in Dike can be made from hard material in fig. 9. Also, Selvi teaches the material can be made of rigid material like EVA. It would have been obvious to one of ordinary skill in the art to provide the material of Dike from rigid material to provide the desired rigidity.
Regarding claim 5, note the piping of Selvi inherently has a cover for coving the internal wire, as set forth supra.
Regarding claim 6, note piping in the modified Dike of fig. 46 extend along and spaced away the respective first and second peripheral edge.
Regarding claim 7, note piping in Dike extend along the respective first and second shell opening.
Regarding claim 8, note the first and second reinforcing structures (the piping in Dike) extends along the respective first and second expansion zip.
Regarding claim 12, note the gusset member at 40a and 40b. defines an unexpanded configuration and an expanded configuration, the expanded configuration having an expanded width defined by a gusset member (40a/40b), and in the expanded configuration (40b) each of the expansion zip assemblies has a greater width than the unexpanded configuration (40a) and spaces the connected first and second shells further apart.
Regarding claim 13, note gussets 40a and 40b zip assemblies are the same.
Regarding claim 14, that each gusset has varied amount of expanded width.
Regarding claim 15, note each expansion zip 20/30 has a first and second opposing and engageable zip tapes and zip teeth (at 34a/34b), and wherein the respective gusset members 40a/40b is attached between the first and second zip tapes.
Regarding claim 16, the gusset is attached below the first and second opposing zip tapes.
Regarding claim 17, note each of the respective gusset members is attached along one edge to the reinforcement structure.
Regarding claim 18, note each of the respective gusset members is attached along one edge to the opening zip assembly.
Regarding claim 19, note an opposite edge of each of the respective gusset members is coupled to the respective expansion zip assembly and to the rim of the luggage case.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Dike rejection, as set forth in paragraph 2, in view of Lowe (1755548) or Seitz (1999424) or Meersschaert (20230062734). Lowe’548 teaches that it is known in the art to provide a reinforcing structure with piping structure including an elongated member including a connection at the zipper in figs. 5 with a cover coving a core, and Seitz teaches that it is known in the art to provide piping with metal portion at 14 fig. 2.
Meersschaert teaches a cover covering the metal portion at 528.
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It would have been obvious to one of ordinary skill in the art to provide pipings with piping structure including an cover covering the elongated wires in the combination of Dike in view of Selvi as taught by Lowe ‘548 or Seitz or Meersschaert to provide added structural support for the wire and to prevent collapse.
Claims 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over Dike rejections, as set forth above in paragraph 4, and further in view of Shiao (20080006548) or Patel (12011978). Shiao teaches that it is known in the art to provide stiffen rod can be either made of single or plural pieces in figs. 5 and 1 forming a loop. Patel teaches the same in figs. 2a and 1A. It would have been obvious to one of ordinary skill in the art to provide the rod of a plurality of pieces would have been obvious to manufacture the stiffening rod easily.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over the Dike rejection, as set forth in paragraph 3, and further in view of Roegner (6183133). Dike meets all claimed limitations except for the at least one hinge connects the first shell to the second shell to allow the shells to pivot along an opening edge with respect to each other when the opening zip assembly is open. Roegner teaches a similar luggage in Dike in fig. 17-18 with two expandable sections at 234/236 and hinge at bottom at 232.
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The half shells are secured together along edges of the side and top panels by zipper elements 232 with sliders (not shown) at each side or end of the zipper elements that surrounds the case perimeter, or alternatively, a hook and loop structure. The bottom panel flexes to serve as a hinge for the two primary half shells.
It would have been obvious to one of ordinary skill in the art to provide one hinge connects the first shell to the second shell to allow the shells to pivot along an opening edge with respect to each other when the opening zip assembly is open to enable one to provide a large opening to storing and/or retrieving contents easily.
Applicant's arguments have been fully considered but they are not persuasive.
Regarding the Dike (3443671) in view of Sadow (20060226619), and further in view of Selvi,
i) Applicant asserts that the “only reinforcing structure explicitly taught by Dyke is a cross brace in the collar”, and reinforcing structure in Dyke, fig. 10 is not identified expressively in words. The examiner submits that:
a) In a published patent, the drawings are part of the teaching, and the published patent does not limit the teachings to described words,
b) the structure shown in fig. 10 is a convention reinforcement piping structure used in construction of sewn products like garment, cushion, bags, and the like for the purpose of the reinforcement and to provide a clean edge,
c) note the use of piping in applied or cited references, see below, and
d) note the various placement of these piping at anywhere there is a seam including a placement where it is near a gusset in Selvi and in Kotkins ‘515:
Selvi (7832533)
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(18) These runs of piping 17 are such as to provide stiffness to the operational runs of the associated Zip fasteners 3A and 3B thus to the composite Zip fastener arrangement 3. If desired this piping 17 an be stiffened by an internally provided wire (not shown) extending lengthways of the piping.
Loew (1755548)
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the two linings 10 and 11 and the main piece 9 are secured to a piping strip 12 by a line of stitches 13, so that in the combined piece the raw edges will be outward, while the bead of the piping will be inward.
Seitz (1999424)
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The raw edge 29 formed by the jointure of the edges 18 and 19 to the member 13 is covered or "finished" by encompassing the same with the U-shaped piping member 16 and which is attached to the encompassed members by a line of stitching 17 or in any other manner desired.
Kotkins (4773515)
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Blanchard (0174764)
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(4) In sewing leather, clotth, etc., with this seam, where it is subject to considerable chafing or rubbing, it is desirable often to furnish protection to the parts of the threads exposed on the wearing-surface. This I do in two ways, viz: by the insertion of a piping or welt.
Therefore, to provide piping at the seam structures between the gusset and the zipper would have been obvious on the two gussets in fig. .
ii) Regarding the assertion that fig. 46 does not teach the zipper reinforcement structure. As set forth in the previous office action, it is noted that fig. 46 has generally the zipper structure as with two zipper expansions on each side of the opening zipper. As set forth, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide the reinforcement of fig. 10 into the embodiment of fig.46 since the arrangement of the zipper and expansion are similar so one to add rigidity for protection and/or to prevent collapse of the material. The reinforcement of fig. 10 is a typical convention piping structure typically used to reinforce seam as set forth above.
iii) Regarding Dyke in view of Sadow, the examiner submits in the previous response:
(a) extendable handle and wheels are ubiquitous in today’s travel. To provide a suitcase or luggage such as the luggage in Dike as taught by either Sadow or Selvi with extendable handle with wheels would have been obvious,
(b) the skill required to provide extendable handle and wheels are within a person of ordinary skill in the art as there are numerous type of suitcase and handle with extendable handle and wheels,
(c) the claim does not exclude an attachable type of extendable handle and wheels such as the one applied in Sadow,
(d) For Selvi, as applied above, note the structure of the luggage of Dyke teaches the same type of opening and expansion devices on each side of the zipper opening, the difference is merely an extendable handle and wheels. As set forth supra, extendable handle and wheels are ubiquitous in today’s travel, and to provide an extendable handle and wheels would have been obvious to enable the traveler to move the luggage easily, and this skill is a person of ordinary skill in the art.
iv) Regarding the Dyke in view of Selvi, note that Dyke and Selvi are both directed to provide reinforcement structures between expansion and opening zippers and Selvi teaches the same structure of having wired type piping. It would have been obvious to one of ordinary skill in the art before the effective filing date to provide wired type piping as taught by Selvi to provide added rigidity.
v) applicant also asserts that the Selvi only a single expansion zipper. The examiner submits one of ordinary skill would have known to use the piping reinforcement structure of Selvi in the two gussets in fig. 46 of Dyke which would provide uniform stiffness to all the seams and/or to provide protection to all the seams and preventing unbalance handling of the bag and/or to provide uniform protection.
All claims are identical to or patentably indistinct from, or have unity of invention with claims in the application prior to the entry of the submission under 37 CFR 1.114 (that is, restriction (including a lack of unity of invention) would not be proper) and all claims could have been finally rejected on the grounds and art of record in the next Office action if they had been entered in the application prior to entry under 37 CFR 1.114. Accordingly, THIS ACTION IS MADE FINAL even though it is a first action after the filing of a request for continued examination and the submission under 37 CFR 1.114. See MPEP § 706.07(b). 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TRI M MAI whose telephone number is (571)272-4541. The examiner can normally be reached 8am-5pm (Mon-Friday).
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TRI M. MAI
Examiner
Art Unit 3733
/TRI M MAI/ Primary Examiner, Art Unit 3733
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