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 02/11/2019 based on 16/272272 is acknowledged. At least claims 19, 34, 37-39 (directed to strap and backpack) do not have priority back to this date.
The amendment dated 10/17/2025 contain claims directed to the following patentably distinct species
Group 1: directed to a removable battery on a backpack in fig. 5A and 5D
Group 2: directed to a cartridge (22) with a removable battery (50) on a luggage in fig. 1C.
Newly submitted claims 41, along with dependent claims 20, 21, 35, and 36, along with amended claims 32 along with dependent claims 33, directed to an invention that is independent or distinct from the invention originally claimed for the following reasons: these claims introduce new invention with the combination with a cartridge (specific to the embodiment of fig. 1C.
Since applicant has received an action on the merits for the originally presented invention of Group 1, this invention has been constructively elected by original presentation for prosecution on the merits.
Accordingly, claims 20, 21, 32, 33, 35, 36, and 41 are withdrawn from consideration as being directed to a non-elected invention. See 37 CFR 1.142(b) and MPEP § 821.03.
To preserve a right to petition, the reply to this action must distinctly and specifically point out supposed errors in the restriction requirement. Otherwise, the election shall be treated as a final election without traverse. Traversal must be timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are subsequently added, applicant must indicate which of the subsequently added claims are readable upon the elected invention.
Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
Claims 24-25 are also withdrawn from further consideration. Applicant made the election of Group III, directed to the luggage vacuum system with specificities to the power supply system, without traverse, in the response dated 05/22/2025 is acknowledged.
Claims 19 and 39 are objected to: the claim introduce new terminologies that do not have antecedent basis in the specification including: perimeter, non-side surface, a front perimeter surface, a front perimeter surface, a back perimeter surface, a first perimeter side surface, a first end of the front perimeter surface, a first end of the back perimeter surface, a second perimeter side surface, a second end of the front perimeter surface and the second end of the back perimeter surface.
Claims 19, 34, and 37-40 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 perimeter, non-side surface of the travel bag. The specification does not define which wall comprises non-side and what embodiment comprises these structures. In this art, a luggage comprises a plurality of side including front side, back side, left, right, front and back side. Applicant’s introduction of the term “non-side” renders the claim indefinite since this term go against structures normally defined a luggage. Also, it seems that fig.6B does not read on the claim since the “non-side” exclude smaller sides.
Similar with claim 39, it is unclear what comprises a front perimeter surface, a back perimeter surface, a first perimeter side surface, a first end of the front perimeter surface, a first end of the back perimeter surface, a second perimeter side surface, a second end of the front perimeter surface and the second end of the back perimeter surface of the disclosed embodiments. If applicant intent to keep the recitations of all these recitations, applicant must list all of the elements readable in all readable claimed embodiments.
Double Patenting:
This application.
US Patent 10376031
19. (Currently Amended) A combination travel bag and vacuum compression system for use in withdrawing air from a sealable vacuum bag for reducing the size of the sealable vacuum bag when storing the sealable vacuum bag in a sealed configuration within an interior area of the travel bag, the combination travel bag and vacuum compression system comprising:
a travel bag (500);
a vacuum pump (30) assembly having
an air intake port;
a sealable vacuum bag having
an air outlet port; and
at least one strap (shoulder straps on shoulder bag) attached to the travel bag, the at least one strap adapted for disposal over a shoulder area of a user to allow the travel bag to be worn or removably secured to the user;
wherein the sealable vacuum bag positioned adjacent to at least one perimeter, non-side surface of the travel bag: and wherein when removing air from the sealable vacuum bag the air intake port of the vacuum pump assembly is attached to the air outlet port of the sealable vacuum bag.
20. 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, the back wall having an opening; a front member, a portion of the front member permanently 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 through a waterproof zipper assembly; 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 tube secured to an interior surface of the back wall within the interior space and extending from the upper wall portion to a bottom wall portion within the interior space; a second handle guide tube housing secured to the interior surface of the back wall within the interior space and extending from the upper wall portion to the bottom wall portion within the interior space, the first handle guide tube and the second handle guide tube defining a first area therebetween within the interior space; wherein a second end of the first elongated member disposed within the first handle guide tube and movable within the first handle guide tube and a second end of the second elongated member disposed within the second handle guide tube and movable within the second guide tube;
a removable self-contained vacuum assembly having an outer box or housing that is disposed and removably secured within the interior space and positioned within at least a majority portion of the first area defined between the first handle guide tube and the second handle guide tube, the outer box or housing having a first front opening and a second back opening, the vacuum assembly having
air entry conduit and
an air exit conduit disposed within the outer box or housing, wherein the air exit conduit aligned with the second back opening and the second back opening of the outer box or housing aligned with opening in the back wall when the vacuum assembly is properly disposed within the interior space and positioned between the first handle guide tube and the second handle guide tube to allow traveling through the air exit conduit to exit the outer box or housing through the second back opening and out of the shell and into the atmosphere through the opening in the back wall, wherein the air entry conduit aligned with first front opening in the outer box or housing;
a compression bag secured within the interior space and in an uncompressed state the compression extends beyond the interior space within the shell, the compression bag having a first opening wherein clothes and items can be inserted within the compression bag and a back portion, the back portion of the compression bag having
a second opening that is aligned with the air entry conduit of the vacuum assembly when the vacuum assembly and the compression bag are secured within the interior space;
a battery, and the outer box or housing having a receiving cavity for releasable securement of the battery during use of the self-contained vacuum assembly, wherein the receiving cavity is externally accessible through an opening in the upper wall portion of the shell such that the battery can be externally inserted within and externally taken out of the receiving cavity through the upper wall portion while the luggage is in a fully closed position; a control panel disposed within the upper wall portion of the shell, the control panel in electrical communication or contact with the battery during use, the control panel having one or more externally accessible ports in electrical communication or contact with the battery for charging electronic devices, the handle covers or hides the control panel when the handle is in a fully retracted position;
and a front lid or cover secured to the shell, wherein in a lid closed position the interior space is externally in accessible and in a lid open position the interior space is accessible to provide access to the compression and any contents contained therein and to remove the vacuum assembly.
Claims 19, 34, and 37-40 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 Gregory (10609996) and further in view of either Peters (20100282790) or Logan (10694834). The claims of ‘031 do not teach a) the at least one strap attached to the travel bag, the at least one strap adapted for disposal over a shoulder area of a user to allow the travel bag to be worn or removably secured to the user, and b) wherein the sealable vacuum bag positioned adjacent to at least one perimeter, non-side surface of the travel bag. Logan, fig. 1A2 teaches that it is known in the art to provide backpack straps to a suitcase, and Peters, fig. 5, also teaches that it is known in the art to provide backpack shoulder straps to a suitcase with a retractable handle. It would have been obvious to one of ordinary skill in the art before the effective filing date to provide the backpack shoulder straps as taught by Logan or Peters to provide alternative way to carry the device easily on the back.
Carey teaches that it is known in the art to provide wherein the sealable vacuum bag positioned adjacent to at least one perimeter, non-side surface of the travel bag(see drawing shows the bag is adjacent non-side surface, i.e., the bottoom). It would have been obvious to one of ordinary skill in the art before the effective filing date to provide the sealable vacuum bag positioned adjacent to at least one perimeter, non-side surface of the travel bag to provide the desired location the vacuum bag.
SET I:
Claims 19, 34, and 37-40 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Gregory (10609996)
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(31) The device 100 may comprise one or more vacuum pumps 51 which may be in communication with the vacuum container 31. A vacuum pump 51 may be operable to pump air out of and/or into the vacuum storage cavity 32 of a vacuum container 31. When a vacuum cavity fastener 34 governing access to the vacuum container 31 is in a closed position, a vacuum pump 51 may be operable to pump air out of the vacuum storage cavity 32 which may decrease the size of the vacuum container 31. Decreasing the size of the vacuum container 31 optionally may result in a decrease of the size of the body 11 and/or the size of one or more objects in the vacuum container 31.
(32) In some embodiments, a vacuum pump 51 and the vacuum storage cavity 32 of a vacuum container 31 may be in communication via an air conduit 24. An air conduit 24 may comprise any type of channel, conduit, opening, or the like, which may be suitable for allowing air to pass from one end of the air conduit 24 to the other end.
(33) In some embodiments, the device 100 may comprise a check valve 35 which may ensure that air only flows in only one direction through the air conduit 24. Preferably, a check valve 35 may be configured to prevent air from flowing through the air conduit 24 into the vacuum storage cavity 32. A check valve 35 may comprise any type of check valve, such as a ball check valve, diaphragm check valve, swing check valve or tilting disc check valve, stop-check valve, lift-check valve, in-line check valve, duckbill valve, pneumatic non-return valve, or the like.
A vacuum cavity fastener 34 may govern access to the vacuum storage cavity 32, and the vacuum cavity fastener 34 may form a removably air tight seal that is configured to be sealed and unsealed.
In preferred embodiments, a vacuum pump 51, power source 52, and/or other elements of the device 100 may be positioned within a second storage compartment 19, while in other embodiments, a vacuum pump 51, power supply 52, and/or other elements of the device 100 may be positioned within a vacuum compartment 17 and/or first storage compartment 18.
43) In some embodiments, the device 100 may comprise a power supply 52 which may provide electrical power to any component of the device 100 that may require electrical power. A power supply 52 may comprise a battery, such as a lithium ion battery, nickel cadmium battery, alkaline battery, or any other suitable type of battery, a fuel cell, a capacitor, a super capacitor, or any other type of energy storing and/or electricity releasing device. In further embodiments, a power supply 52 may comprise a power cord, kinetic or piezo electric battery charging device, a solar cell or photovoltaic cell, and/or inductive charging or wireless power receiver.
(44) In some embodiments, the device 100 may comprise one or more control inputs 53 that a user may interact with such as turnable control knobs, depressible button type switches, a key pad, slide type switches, rocker type switches, or any other suitable input that may be used to modulate electricity to any component of the device 100.
(45) In some embodiments, the device 100 may comprise one or more power couplings 54 which may be removably coupled to electrical devices and which may be configured to output electrical power from the power supply 52 to a coupled to electrical device. For example, a user may connect a power coupling 54 to an electrical device, such as a cell phone, tablet computer, laptop computer, music player, etc., and power from the power supply 52 may be communicated to the electrical device via the power coupling 54.
In further embodiments, a vacuum container 31 may be configured to be coupled or disposed within a compartment 17, 18, 19, such as the vacuum compartment 17. A vacuum container 31 may be bound and optionally formed by an air impermeable material 33. In some embodiments, an air impermeable material 33 may form or be coupled to one or more walls 13, 14, 15, 16, of the device 100 thereby allowing the air impermeable material 33 in or coupled to the walls 13, 14, 15, 16 of the device 100.
Gregory teaches a combination travel bag and vacuum compression system for use in withdrawing air from a sealable vacuum bag for reducing the size of the sealable vacuum bag when storing the sealable vacuum bag in a sealed configuration within an interior area of the travel bag, the combination travel bag and vacuum compression system comprising a travel bag (100), a vacuum pump assembly (51) having an air intake port (at 24), a sealable vacuum bag (32) having an air outlet port (at 35). Wherein when removing air from the sealable vacuum bag the air intake port of the vacuum pump assembly is attached to the air outlet port of the sealable vacuum bag. Note the at least one strap (shoulder straps) attached to the travel bag, the at least one strap adapted for disposal over a shoulder area of a user to allow the travel bag to be worn or removably secured to the user. Note sealable vacuum bag positioned adjacent to at least one perimeter, non-side surface of the travel bag, i.e., wall 33 of the vacuum bag 31, as cited above, can couple to any of the walls 13, 14, 15, or 16 of the device 100, with wall 16 and 15 being the non-side surface and adjacent the perimeter of these two walls.
Regarding claim 34 and 34 note the backpack with two straps.
Regarding claim 37, note the air outlet port at 35 being a valve.
Regarding claim 38, note the zip lock mechanism at 34 (air tight zipper) for sealing the sealable vacuum bag in a sealed configuration and unsealing the sealable vacuum bag in an open configuration.
Regarding claim 39, note the at least one perimeter, non-side surface of the travel bag includes both the front 16 and a back perimeter surface 15, and note wherein the travel bag in Gregory includes a first perimeter side surface disposed between a first end of the front perimeter surface and a first end of the back perimeter surface and a second perimeter side surface disposed between a second end of the front perimeter surface and the second end of the back perimeter surface due to the rectangular shape, i.e., it has 6 sides with the front 16, a back being 15 the other four walls each comprises a perimeter.
SET II:
Claims 19, 34, and 37-40 are rejected under 35 U.S.C. 103 as being unpatentable over Carey (20150089903) in view of Peters (20100282790) or Logan (10694834).
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The present device is a sealable vacuum bag that can be either attached or non-detached to luggage.
Some batteries cannot be used on airplanes and others take up too much room or need to be removed to be recharged. This is not the case of this device, which uses six smaller 2 volt non-lithium batteries that can be charged through an outside port on the luggage.
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.
[0049] FIG. 5 shows the connection port 3 from the vacuum bag with its opening for the tubing from the air compressor, the one way valve 17 and the connection port screen 16 that prevents clothes from being sucked into the vacuum.
Regarding claim 19, Carey teaches a combination travel bag and vacuum compression system for use in withdrawing air from a sealable vacuum bag for reducing the size of the sealable vacuum bag when storing the sealable vacuum bag in a sealed configuration within an interior area of the travel bag, the combination travel bag and vacuum compression system comprising a travel bag (1), a vacuum pump assembly (6) having an air intake port (at 3/4), a sealable vacuum bag (2) having an air outlet port (3). Wherein when removing air from the sealable vacuum bag the air intake port of the vacuum pump assembly is attached to the air outlet port of the sealable vacuum bag, and the sealable vacuum bag positioned adjacent to at least one perimeter, non-side surface of the travel bag:
Carey meets all claimed limitations except for the at least one strap attached to the travel bag, the at least one strap adapted for disposal over a shoulder area of a user to allow the travel bag to be worn or removably secured to the user. Logan, fig. 1A2 teaches that it is known in the art to provide backpack straps to a suitcase, and Peters, fig. 5, also teaches that it is known in the art to provide backpack shoulder straps to a suitcase with retractable handle. It would have been obvious to one of ordinary skill in the art before the effective filing date to provide the backpack shoulder straps as taught by Logan or Peters to provide alternative way to carry the device easily on the back.
Regarding claim 34, note the device of Carey as modified by Logan or Peters comprises the claimed backpack.
Regarding claim 37, note the air outlet port at 3 is a one-way valve at 17.
Regarding claim 38, note the zip lock mechanism at 15/14 for sealing the sealable vacuum bag in a sealed configuration and unsealing the sealable vacuum bag in an open configuration.
Regarding claim 39, note the at least one perimeter, non-side surface of the travel bag includes both the front (note the bag will be adjacent to the lid when it is closed) and a back perimeter surface, and note wherein the travel bag in Carey includes a first perimeter side surface disposed between a first end of the front perimeter surface and a first end of the back perimeter surface and a second perimeter side surface disposed between a second end of the front perimeter surface and the second end of the back perimeter surface due to the rectangular shape, i.e., it has 6 sides with the front being the lid when it is closed, a back being the bottom and the other four walls each comprises a perimeter.
Regarding claim 40, note Carey as modified by Logan or Peters, each has two straps.
Applicant's arguments have been fully considered but they are not persuasive. Regarding Gregory and Carey, applicant assert that Gregory and Carey, each fails to teach a removable battery. Note that the rejected claims 34, and 37-40 do not recite a removable battery. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
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.
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathan Jenness can be reached at (571) 270-5055. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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TRI M. MAI
Examiner
Art Unit 3733
/TRI M MAI/Primary Examiner, Art Unit 3733