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. 1-15 in the reply filed on 7/2/25 is acknowledged.
Claim Rejections - 35 USC § 112
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 1-22 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.
With Respect to Claims 1, 12, 16, and 21
Where applicant acts as his or her own lexicographer to specifically define a term of a claim contrary to its ordinary meaning, the written description must clearly redefine the claim term and set forth the uncommon definition so as to put one reasonably skilled in the art on notice that the applicant intended to so redefine that claim term. Process Control Corp. v. HydReclaim Corp., 190 F.3d 1350, 1357, 52 USPQ2d 1029, 1033 (Fed. Cir. 1999). The term “blister pocket” in claims 1, 12, 16, and 21 is used by the claim to mean some type of pocket (the particular intended scope is unclear) while the accepted meaning is (to the best of Examiner’s understanding) “a pocket of a blister pack”, a blister pack being a cavity/pocket/bubble of rigid or semi-rigid clear plastic and a rigid/semi-rigid backing of e.g. paperboard card (https://www.visipak.com/what-is-blister-packaging/, https://en.wikipedia.org/wiki/Blister_pack). The term is indefinite because the specification does not clearly redefine the term.
The phrase “said removeable panel having a width between said opposing side edges generally equal to said width of said back side of said bag” is unclear, noting that the panel is disclosed and claimed as being attached to the front side of the bag and therefore any size relationship to the bag side of the bag would seem to be coincidental; as such, this appears to be a typo and intended to mean the front side of the bag.
The remainder of this office action is based on the invention as best understood by Examiner.
With Respect to Claims 2-11, 13-15, 17-20, and 22
These claims are rejected as they depend from a rejected claim and so incorporate its indefinite scope.
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.
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.
Claims 1-2 and 4-7 are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over U.S. Patent Publication #2007/0137959 to Zauderer (Zauderer), either alone or further in view of official notice. Zauderer discloses:
With Respect to Claim 1
A combination bag (e.g. 10, FIG. 1 or alternately backpack embodiment disclosed but not shown, [0034] or other embodiments) and removeable external panel (12, FIG. 1) covering a front side of the bag (FIG. 1), said combination comprising: a bag having at least one inner compartment enclosed on six sides by opposing top and bottom portions and opposing front and back sides and opposing left and right sides, said bag having a height defined by the distance between said top and bottom portions, said bag having a width defined by the distance between said left and right sides, said bag having a depth defined by the distance between said front and back sides (FIG. 2), at least one of said top portion and said front and back and left and right sides having a fissure (fissure opened via fastener shown in FIGS. 1-2 as a zipper to open the front of the bag) through which said inner compartment is accessed, said fissure being selectively closeable, a removable panel (12) selectively engageable with and entirely disengageable from said front side of said bag (FIGS. 1-2, [0035]), said removeable panel having a hidden side directly facing said front side of said bag, said removeable panel having a display side opposite said hidden side and facing outwardly away from said front side of said bag (FIG. 1, [0035]), said removeable panel having opposing top and bottom edges and opposing side edges, said removeable panel having a width between said opposing side edges generally equal to said width of said back side of said bag (FIG. 1, noting that as shown the bag and front side of the bags are substantially the same size/width and the panel has generally the same width as the front and back sides of the bag), said removeable panel having a height between said top and bottom edges, fastening elements (zipper teeth of zipper 36 or alternately other fasteners such as hook and loop, [0037]) selective interconnecting at least three of said top edge and bottom edge and opposing side edges of said removeable panel to said bag (see, e.g. [0037], FIGS. 1-2), wherein a blister pocket is formed between said hidden side of said removable panel and said front side of said bag, said blister pocket being bounded on at least three sides by said fastening elements (the structure forms a blister pocket to the extent claimed within Examiner’s best understanding of the unclear and indefinite meaning of this phrase, see also [0006]) and flexible in the depth direction (as the bag and the panel are both made of flexible material such as fabric, [0034], [0035]) between said hidden side of said removeable panel and said front side of said bag.
Alternately, as to the backpack embodiment which is not shown, it would have been obvious to form the backpack substantially similar to the luggage structure (i.e. with the front of the backpack having a similar opening structure and a panel substantially completely covering the front side) as a mere selection of an art appropriate structure for the backpack and panel.
Alternately, Examiner takes official notice that it is known in the art to form a backpack as a form of luggage similar to that shown in FIG. 1 by adding shoulder straps to the bag side of the luggage, and so it would have been obvious to one of ordinary skill in the art before the filing date of this application to form the backpack of Zauderer in this fashion as a mere selection of an art appropriate backpack structure to use.
With Respect to Claim 2
The combination of claim 1, wherein said bottom edge of said removeable panel is aligned with said bottom portion of said bag and said removeable panel completely covers said front side of said bag without covering any portion of said bottom, back, left or right sides of said bag (FIGS. 1-2, [0035).
With Respect to Claim 4
The combination of claim 1, wherein said bag includes a shoulder strap (it is Examiner’s position that a person of ordinary skill in the art would understand a backpack as disclosed to encompass the inclusion of shoulder straps as backpacks almost always include such; alternately in view of official notice).
With Respect to Claim 5
The combination of claim 1, wherein said removeable panel includes an access slit (opening between added panel per FIGS. 14A-F, [0007] as shown the attached panel will have an access slit at the top; openings for pockets 88 [0049] it is Examiner’s position that a person of ordinary skill in the art would understand common pocket construction to include an opening slit).
Alternately, although Examiner maintains the position that access slits are common for pockets, to the degree that Zauberer does not explicitly disclose pocket details Examiner takes official notice that access slits are a common type of openings into similar pockets/compartments and so it would have been obvious to one of ordinary skill in the art before the filing date of this application to use such for the art known benefits of that type of opening or a mere selection of an art appropriate pocket structure/opening to use.
With Respect to Claim 6
The combination of claim 5, wherein said access slit is selectively closeable by a resealable fastening element (see disclosure in [0051] to attach a pocket forming panel on all four sides which will result in the zipper that attaches the panel also forming a resealable closure element for the slit into the pocket, for clarity, it is Examiner’s position that this disclosure also applies to the other pocket panels 71/73 or alternately clearly renders doing so with them obvious); alternately per disclosure to close the pockets via flaps in e.g. 124, FIG. 19, 102, FIG. 17, or alternately it would be obvious to provide such a resealable fastening element as such are common to close pocket openings/access slits).
With Respect to Claim 7
The combination of claim 6, wherein said resealable fastening element comprises a zipper ([0052] or obvious to use a zipper as a mere selection of an art appropriate fastening element to use).
Claims 8-9, 11-16, and 18-22 are rejected under 35 U.S.C. 103 as obvious over U.S. Patent Publication #2007/0137959 to Zauderer (Zauderer), either alone or further in view of official notice.
With Respect to Claim 8
The combination of claim 1, and the use of piping to finish portions of the bag ([0034], [0037]) and to cover the zipper to hide it from sight; but does not disclose wherein said removeable panel includes a piping element extending continuously along said top and bottom and side edges thereof.
However, it would have been obvious to one of ordinary skill in the art before the filing date of this application, given the disclosure of Zauderer to use piping on its bag and also to cover the zipper, to add a pimping element extending continuously along said top and bottom and side edges of the removable panel in order to cover the zipper, improve aesthetic appeal, for the other benefits of piping (e.g. better securement between parts, protecting joint areas, improved aesthetic appeal), and/or as a mere selection of an art appropriate panel formation method (i.e. forming the panel using piping on the perimeter instead of other panel finishing methods).
With Respect to Claim 9
A combination bag and removeable external panel covering a front side of the bag, said combination comprising: a bag (14, FIG. 1 or backpack embodiment disclosed but not shown or per official notice) having at least one inner compartment enclosed on six sides by opposing top and bottom portions and opposing front and back sides and opposing left and right sides, said bag having a height defined by the distance between said top and bottom portions, said bag having a width defined by the distance between said left and right sides, said bag having a depth defined by the distance between said front and back sides (e.g. FIG. 2), at least one of said top portion and said front and back and left and right sides having a fissure (fissure opened by zipper, see, e.g. FIG. 2) through which said inner compartment is accessed, said fissure being selectively closeable (via zipper shown but unlabelled), a removable panel (12) selectively engageable with and entirely disengageable from said front side of said bag, said removeable panel having a hidden side directly facing said front side of said bag, said removeable panel having a display side opposite said hidden side and facing outwardly away from said front side of said bag, said removeable panel having opposing top and bottom edges and opposing side edges, said removeable panel having a width between said opposing side edges generally equal to said width of said back side of said bag (FIG. 2 or obvious to size the backpack embodiment the same or similar), said removeable panel having a height between said top and bottom edges, fastening elements (zipper 36 or alternatives disclosed in [0037]) selective interconnecting at least three of said top edge and bottom edge and opposing side edges of said removeable panel to said bag, said bottom edge of said removeable panel aligned with said bottom portion of said bag (FIGS. 1-2), said removeable panel completely covering said front side of said bag without covering any portion of said bottom, back, left or right sides of said bag (FIGS. 1-2 and description)), and the use of piping to finish portions of the bag ([0034], [0037]) and to cover the zipper to hide it from sight; but does not disclose wherein said removeable panel includes a piping element extending continuously along said top and bottom and side edges thereof.
However, it would have been obvious to one of ordinary skill in the art before the filing date of this application, given the disclosure of Zauderer to use piping on its bag and also to cover the zipper, to add a pimping element extending continuously along said top and bottom and side edges of the removable panel in order to cover the zipper, improve aesthetic appeal, for the other benefits of piping (e.g. better securement between parts, protecting joint areas, improved aesthetic appeal), and/or as a mere selection of an art appropriate panel formation method (i.e. forming the panel using piping on the perimeter instead of other panel finishing methods).
With Respect to Claim 11
The combination of claim 9, wherein said bag includes a shoulder strap (inherent in the disclosure of a backpack or obvious per official notice, see the rejection of claim 1 above for details).
With Respect to Claim 12
The combination of claim 9, wherein a blister pocket (the structure forms a blister pocket to the extent claimed within Examiner’s best understanding of the unclear and indefinite meaning of this phrase, see also [0006]) formed between said hidden side of said removable panel and said front side of said bag) is formed between said hidden side of said removable panel and said front side of said bag, said blister pocket being bounded on at least three sides by said fastening elements and flexible in the depth direction between said hidden side of said removeable panel and said front side of said bag.
With Respect to Claim 13
The combination of claim 9, wherein said removeable panel includes an access slit (opening between added panel per FIGS. 14A-F, [0007] as shown the attached panel will have an access slit at the top; alternately openings for pockets 88 [0049], it is Examiner’s position that a person of ordinary skill in the art would understand the disclosure of common pocket construction to include pockets having an opening slit).
Alternately, although Examiner maintains the position that access slits are common for pockets, to the degree that Zauberer does not explicitly disclose pocket details Examiner takes official notice that access slits are a common type of openings into similar pockets/compartments and so it would have been obvious to one of ordinary skill in the art before the filing date of this application to use such for the art known benefits of that type of opening or a mere selection of an art appropriate pocket structure/opening to use.
With Respect to Claim 14
The combination of claim 13, wherein said access slit is selectively closeable by a resealable fastening element (see disclosure in [0051] to attach a pocket forming panel on all four sides which will result in the zipper that attaches the panel also forming a resealable closure element for the slit into the pocket, for clarity, it is Examiner’s position that this disclosure also applies to the other pocket panels 71/73 or alternately clearly renders doing so with them obvious); alternately per disclosure to close the pockets via flaps in e.g. 124, FIG. 19, 102, FIG. 17, or alternately it would be obvious to provide such a resealable fastening element as such are common to close pocket openings/access slits).
With Respect to Claim 15
The combination of claim 14, wherein said resealable fastening element comprises a zipper ([0052] or obvious to use a zipper as a mere selection of an art appropriate fastening element to use).
With Respect to Claim 16
A combination bag and removeable external panel covering a front side of the bag, said combination comprising: a bag (e.g. 10, FIGS. 1-2 or backpack embodiment disclosed but not shown) having at least one inner compartment enclosed on six sides by opposing top and bottom portions and opposing front and back sides and opposing left and right sides, said bag having a height defined by the distance between said top and bottom portions, said bag having a width defined by the distance between said left and right sides, said bag having a depth defined by the distance between said front and back sides, at least one of said top portion and said front and back and left and right sides having a fissure (fissure closed by zipper shown but unlabeled in FIGS. 1-2) through which said inner compartment is accessed, said fissure being selectively closeable (via zipper), a removable panel (12) selectively engageable with and entirely disengageable from said front side of said bag ([0037]), said removeable panel having a hidden side directly facing said front side of said bag, said removeable panel having a display side opposite said hidden side and facing outwardly away from said front side of said bag, said removeable panel having opposing top and bottom edges and opposing side edges, said removeable panel having a width between said opposing side edges generally equal to said width of said back side of said bag, said removeable panel having a height between said top and bottom edges, fastening elements (36 or others disclosed, [0037]) selective interconnecting at least three of said top edge and bottom edge and opposing side edges of said removeable panel to said bag, a blister pocket (the structure forms a blister pocket to the extent claimed within Examiner’s best understanding of the unclear and indefinite meaning of this phrase, see also [0006]) formed between said hidden side of said removable panel and said front side of said bag), said blister pocket being bounded on at least three sides by said fastening elements and flexible in the depth direction (as the bag and the panel are both made of flexible material such as fabric, [0034], [0035]) between said hidden side of said removeable panel and said front side of said bag, said bottom edge of said removeable panel aligned with said bottom portion of said bag (FIGS. 1-2), said removeable panel completely covering said front side of said bag without covering any portion of said bottom, back, left or right sides of said bag, and the use of piping to finish portions of the bag ([0034], [0037]) and to cover the zipper to hide it from sight; but does not disclose wherein said removeable panel includes a piping element extending continuously along said top and bottom and side edges thereof.
However, it would have been obvious to one of ordinary skill in the art before the filing date of this application, given the disclosure of Zauderer to use piping on its bag and also to cover the zipper, to add a pimping element extending continuously along said top and bottom and side edges of the removable panel in order to cover the zipper, improve aesthetic appeal, for the other benefits of piping (e.g. better securement between parts, protecting joint areas, improved aesthetic appeal), and/or as a mere selection of an art appropriate panel formation method (i.e. forming the panel using piping on the perimeter instead of other panel finishing methods).
With Respect to Claim 18
The combination of claim 16, wherein said removeable panel includes an access slit (see the rejection of claim 5 above for details).
With Respect to Claim 19
The combination of claim 18, wherein said access slit is selectively closeable by a resealable fastening element (see the rejection of claim 6 above for details).
With Respect to Claim 20
The combination of claim 19, wherein said resealable fastening element comprises a zipper ([0052] or obvious to use a zipper as a mere selection of an art appropriate fastening element to use).
With Respect to Claim 21
The combination of claim 16, further including a blister pocket (the structure forms a blister pocket to the extent claimed within Examiner’s best understanding of the unclear and indefinite meaning of this phrase, see also [0006]) formed between said hidden side of said removable panel and said front side of said bag) formed between said hidden side of said removable panel and said front side of said bag, said blister pocket being bounded on at least three sides by said fastening elements and flexible (as the bag and the panel are both made of flexible material such as fabric, [0034], [0035]) in the depth direction between said hidden side of said removeable panel and said front side of said bag
With Respect to Claim 22
The combination of claim 16, wherein said fastening elements interconnecting at least three of said top edge and bottom edge and opposing side edges of said removeable panel to said bag comprise hook-and-loop strips ([0037], disclosure to use hook and loop to secure the entire perimeter inherently indicates hook-and-loop strips or alternately to the degree some other construction might be possible clearly renders such obvious).
Claims 3, 10, and 17 are rejected under 35 U.S.C. 103 as obvious over U.S. Patent Publication #2007/0137959 to Zauderer (Zauderer), either alone or further in view of official notice as applied to claim 2/9/16 above, and further in view of either or both of U.S. Patent #9,474,355 to Chadwick (Chadwick) and/or U.S. Patent #2,723,696 to Kase (Kase).
With Respect to Claim 3
The combination of claim 2, but does not disclose wherein said height of said removeable panel is greater than said vertical height of said front side of said bag forming an extension flap at least partially overlaying said top portion of said bag.
However, Chadwick discloses a similar decorative panel removably attached to a bag and covering part of the front side of the bag (see, e.g. FIG. 8) and including an extension flap (302) at least partially overlaying said top portion of said bag (see, e.g. FIG. 8).
Kase discloses forming a similar decorative panel (47, FIG. 5) removably attachable and completely disengageable from a bag and completely covering a front side of the bag (FIG. 5 and see also FIG. 7 showing a similar panel covering an entire front side of the bag) wherein said height of said removeable panel is greater than said vertical height of said front side of said bag forming an extension flap (46) at least partially overlaying said top portion of said bag (FIG. 5).
It would have been obvious to one of ordinary skill in the art before the filing date of this application, given the disclosure of Chadwick and/or Kase, to form the panel to include an extension flap at least partially overlaying the top portion of the bag, in order to improve aesthetic appeal, to provide protection to that portion of the bag, and/or as doing so constitutes at most a mere change in shape or a mere change in size/proportion which does not patentably distinguish over the prior art (MPEP 2144.04).
With Respect to Claim 10
The combination of claim 9, wherein said height of said removeable panel is greater than said vertical height of said front side of said bag forming an extension flap at least partially overlaying said top portion of said bag (see the rejection of claim 3 above for details).
With Respect to Claim 17
The combination of claim 16, wherein said height of said removeable panel is greater than said vertical height of said front side of said bag forming an extension flap at least partially overlaying said top portion of said bag (see the rejection of claim 3 above for details).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ADAM J WAGGENSPACK whose telephone number is (571)270-7418. The examiner can normally be reached M-F 8:30-4:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathan Newhouse can be reached at (571)272-4544. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ADAM J WAGGENSPACK/Primary Examiner, Art Unit 3734