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 .
Priority date of 05/02/2017 from 15584691 is acknowledged.
The “front side” and “rear side” have no antecedent basis in the specification.
Claim 1, 2, 4, 6, 11-12, 14, and 16 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 defined the first and second sides as opposites sides (116/118) of the golf bag.
the first member 104 is pivotable in a first direction to project from a first side 116 of the body 12 and pivotable in a second direction to project from a second, opposite side 118 of the body 12
The original disclosure does not define the “a front side, a rear side opposite the front side, a first side extending between the front side and the rear side, and a second side opposite the first side and extending between the front side and the rear side” in claims 1 and 11. Basically, by redefining the first and second sides as different delineated areas amount to new matter.
Regarding claims 4 and 14, the original disclosure does not teach the auxiliary attachment mechanism comprises a loop sized to slidably receive the towel second portion.
This is a new matter rejection.
Claims 1, 2, and 4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jung (20070215500) (with evidence from Meissner (6749062)).
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[0035] Top ends of outer walls of the main frame 11 where golf clubs 15 mostly bear against are reinforced by a cap 28 to resist wear and tear. The cap 28 may be a separate member as shown in FIG. 3. The top end cap 28 has annular outer walls 29 that gradually upwardly conform to the connected outer walls 16 of the main frame 11. End cap 28 also has similarly rounded inner walls 30 with an even space from the outer walls 29 and fourteen slits 31 at the corresponding locations to the partitions 17 of the main frame 11. Thus, the top end cap 28 may be brought into a wrapping contact with the outer walls of the main frame 11 and bonded permanently thereto for reinforcement.
[0046] Though single pole 202 is illustrated in FIG. 10, a double pole stand may be employed instead with appropriate modifications to the connector 203 and clip 205 to hold two poles for providing a four-point support for the carrier 200.
Regarding claim 1, Jung teaches a golf bag for use with a towel the golf bag comprising: a body (18) defining a housing for receiving one or more golf clubs, the body extending between a bottom portion and a top portion and defining a front side (the side with the handle in fig. 10), a rear side (the side with the stand 201) opposite the front side, a first side extending between the front side and the rear side, and a second side opposite the first side and extending between the front side and the rear side; a throat (28) to the top portion of the body; a pair of legs (202 note the citation of two legs above ) pivotally coupled to the top portion of the body at the rear side of the body; an attachment mechanism (upper strap 25) coupled to the first side of the body and adjacent to the throat, the attachment mechanism defining a first contact point for securing the first towel portion; and an auxiliary attachment mechanism (lower portion 25), provided separate from the attachment mechanism, coupled to the first side of the body at a location nearer the bottom portion and the front side of the body relative to the attachment mechanism, wherein the auxiliary attachment mechanism defines a second contact point that is spaced from the first contact point by a distance D that is less than the towel length, thereby to support the second towel portion while allowing the second towel end to remain free.
Regarding the limitation with the towels including the towel having a towel length extending from a first towel end toa second towel end, and the attachment for the first and second towel portions and the distance D that is less than the towel length, thereby to support the second towel portion while allowing the second towel end to remain free. Note that the towel is recited as an intended use “A golf bag for use with a towel”, the claimed subject matter is a golf bag and there is no structural differences between the bag in Jung and the claimed limitations directed to the golf bag. Also noted that the two attachments in Jung is capable of attachment of the two ends of a towels as claimed. Note the teaching from Meissner (US 6749062) in which note that a tower can be wedged underneath the strap at 8.
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The bungee cord holds objects such as head covers 23, towels and other items to be temporarily secured to the bag.
Regarding claim 2, note the attachment mechanism are externally located on the body.
Regarding claim 4, note the auxiliary attachment mechanism comprises a loop sized that can slidably receive the towel second portion.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Jung in view of Wu (5573211) or Rombach (4108409). Jung meets all claimed limitations except for the attachment mechanism comprises elastic band. Either Wu or Rombach teaches that it is known in the art to provide elastic bands for attachment around of a golf bag. it would have been obvious to one of ordinary skill in the art before the effective filing date to provide elastic band as taught by Wu or Rombach to provide added security provided by the elastic band.
SET II:
Claims 1, 2, 4, 6, 11-12, 14, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Nishiguchi (JP20001095967) in view of Curtin (5407723), and further in view of Cho (4798357)
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Although not shown in FIG. 1, loops 12, 13 and a cord 14 are also provided on a side surface 9 of the large bag 5 on the far side of the drawing. In addition, through rings 20 and 21 and a string 22 are provided on a side surface 17 of the pouch 6 on the far side of the drawing.
Although the volume reducing means is constituted by 8 and 31, the volume reducing means is not limited to these. For example, the volume reducing means may be constituted by a fastener, a hook-and-loop fastener (magic tape), a hook, or the like.
Regarding claim 1, Nishiguchi teaches a golf bag for use with a towel the golf bag comprising: a body (2) defining a housing for receiving one or more golf clubs, the body extending between a bottom portion and a top portion and defining a front side (the side with the handle in fig. 10), a rear side (at 5) opposite the front side, a first side extending between the front side and the rear side, and a second side opposite the first side and extending between the front side and the rear side; a throat (4) to the top portion of the body. Nishiguchi teaches an auxiliary attachment mechanism (at 30/31 and 22), provided separate from the attachment mechanism, coupled to the first side of the body at a location nearer the bottom portion and the front side of the body relative to the attachment mechanism, wherein the auxiliary attachment mechanism defines a second contact point that is spaced from the first contact point by a distance D that is less than the towel length.
Nishiguchi meets all claimed limitations except for the leg and the first attachment point for the towel adjacent the throat.
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Curtin teaches that it is known in the art to provide a tower coupled via an attachment mechanism at 16 to a side, near a throat. It would have been obvious to one of ordinary skill in the art before the effective filing date to provide the towel of Curtin in Nishiguchi to provide protection and to clean the golf equipment during play.
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Regarding the pair of legs, Cho teaches that it is known in the art to provide a pair of legs 11 pivotally coupled to the top portion of the body at the rear side of the body. It would have been obvious to one of ordinary skill in the art before the effective filing date to provide a pair of legs pivotally coupled to the top portion of the body at the rear side of the body as taught by Cho to enable one to stabilize the bag on the ground and access the clubs during play.
In claim 1, regarding the limitation with the towels including the towel having a towel length extending from a first towel end to second towel end, and the attachment for the second towel portions and the distance D that is less than the towel length, thereby to support the second towel portion while allowing the second towel end to remain free. Note that the towel is recited as an intended use “A golf bag for use with a towel”, the claimed subject matter is a golf bag and there is no structural differences between the bag in Nishiguchi and the claimed limitations directed to the golf bag of Nishiguchi in view of Curtin and Cho. Also noted that the two attachments in Nishiguchi is capable of attachment the end of the second towel portion and the distance D that is less than the towel length, i.e. the second portion of the towel can be tucked under the attachment portion at 30/31 while allow the second towel end to remain free given the length of the towel of Curtin extending the entire length of the golf bag. Also note the teaching from Meissner (US 6749062) in which note that a tower can be wedged underneath the strap at 8.
Regarding claims 2 and 12, note the attachment mechanism as modified by Curtin and the auxiliary attachment mechanism are externally located on the body.
Regarding claims 4 and 14, note auxiliary attachment mechanism 22 in Nishiguchi are loops.
Regarding claim 11, note the combination of Nishiguchi in view of Curtis teaches a towel 30 in Curtis having a towel length extending from a first towel end, defining a first towel portion (at 28), to a second towel end (at 30 fig. 2), wherein the towel further defines a second towel portion (about 37 fig. 2) located intermediate the first towel end and the second towel end and spaced from the first towel portion by a distance less than the towel length. Nishiguchi teaches a golf bag for use with a towel the golf bag comprising: a body (2) defining a housing for receiving one or more golf clubs, the body extending between a bottom portion and a top portion and defining a front side (the side with the handle in fig. 10), a rear side (at 5) opposite the front side, a first side extending between the front side and the rear side, and a second side opposite the first side and extending between the front side and the rear side; a throat (4) to the top portion of the body. Nishiguchi teaches an auxiliary attachment mechanism (at 30/31 and 22), provided separate from the attachment mechanism, coupled to the first side of the body at a location nearer the bottom portion and the front side of the body relative to the attachment mechanism, wherein the auxiliary attachment mechanism defines a second contact point that is spaced from the first contact point by a distance D that is less than the towel length. Nishiguchi in view of Curtin teaches a tower coupled via an attachment mechanism at 16 to a side, near a throat as set forth above. Nishiguchi in view of Cho teaches a pair of legs as set forth above. regarding the auxiliary attachment mechanism, Nishiguchi teaches a first a first member (31) having a first member first end coupled to the body and a first member second end opposite the first member first end and comprising a first fastener (buckle 30 or at the tie at 20); a second member (opposed strap 31) having a second member first end coupled to the body and a second member second end opposite the second member first end and comprising a second fastener (buckle 30) complementary to, and configured to removably secure with, the first fastener; and a second contact point spaced from the first contact point by a distance D that is less than the towel length thereby to support the second towel portion while allowing the second towel end to remain free. Note that claim 11 does not positively recites the auxiliary attachment mechanism attached to towel. Therefore, the limitation “to support the second towel portion while allowing the second towel end to remain free” is considered as intended use.
Regarding claim 16, note the hook and loop fastener as cited above.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over the Nishiguchi rejection, as set forth above in paragraph 7, and further in view of Schneider (20180027954). Nishiguchi meets all claimed limitations except for the auxiliary attachment mechanism comprises an elastic band, Schneider teaches that it is known in the art to provide similar structure at 154 of elastic bands.
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An elastic or flexible cord 154 may be threaded through some or all of the openings 152 to provide quick and easy storage for clothing or other irregular shaped accessories, such as for example antlers, on the outside surface of storage unit 10
It would have been obvious to one of ordinary skill in the art before the effective filing date to provide the auxiliary attachment mechanism of elastic band to keep pocket secured.
Claims 11, 12, 14, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over the Nishiguchi rejection, as set forth above in paragraphs 7 and 8, and further in view of Meissner (US 6749062). In the alternative, Meissner teaches that it is known in the art to insert or wedge a towel through a strap portion on a golf bag. It would have been obvious to one of ordinary skill in the art before the effective filing date to insert or wedge the towel of Curtis through the portion auxiliary attachment mechanism in Nishiguchi to support the second towel portion while allowing the second towel end to remain free so that the towel can be secured to multiple point allow one to carry the towel without the towel touching the ground or getting in the way.
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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