DETAILED ACTION
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 10/25/2024 has been entered.
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 .
Response to Arguments
Applicant’s arguments, see pages 9-15, filed October 25th, 2024, with respect to the claim rejections under 35 U.S.C. §103 have been considered but are not accepted.
With regards to Schinasi, the applicant argues “The vertical portion of the “Y” fold terminates well before the bottom side of the bag. It should be readily apparent that this does not in any way suggest any joining of extremities of any side panel, as specifically recited in independent claim 1.” The examiner disagrees, as the vertical connection line still extends along substantially along the whole height of the sidewall as claimed.
The applicant further argues with regards to Gaye that “it is objectively incorrect or unsubstantiated to assert that Gaye refers to the formation of any “pinching line””. The examiner disagrees, as any of the corner seams intended for folding would be capable of being pinched by the user when expanding or collapsing the tote.
The applicant further argues with regards to Gaye, “Gaye does not objectively teach the presence of any “pinching line” that would allegedly “only extend to the lowermost seam 58.” The examiner disagrees, as it can be seen in figures 1-3 that the vertical seems extend by height between peripheral seems 56 and 58.
The applicant further argues that “Shockley specifically teaches that the relevant stitches/ seams 29 formed along the four vertical ridges extend “completely between the top and base of the bag.” Wherein the examiner agrees that Shockley teaches seams that extend the full height of a bag; the reference of Shockley is merely introduced to support that the stitching of vertical seams for a tote bag is known within the art.
Response to Amendment
This office action is in response to the amendments and / or remarks filed on October 25th, 2024. Claims 7-8 have been cancelled. Claims 1-6, and 9-25 remain pending and are currently being examined.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-6, 13, 15-16, and 24 are rejected under 35 U.S.C. 103 as being unpatentable over Schinasi (US D688449 S), in view of Gaye (US 20210112937 A1), and further in view of Shockley (US 5062717 A).
Regarding Claim 1, Schinasi teaches a tote bag (1 in Modified Figure 1 below) comprising a collapsible container body (1 in Modified Figure 1 below) made of a foldable assembly (as seen in Figure 2 below) of panels (2-5 in Modified Figure 1 below) that are joined together to form a bottom side (6 in Modified Figure 1 below) and a sidewall including four lateral sides (2-5 in Modified Figure 1 below) that jointly define an inner storage volume (as seen in Figures 1-5) when the collapsible container body (1 in Modified Figure 1 below) takes an expanded state (as seen in Figure 1), wherein the sidewall (2-5 in Modified Figure 1 below) is formed of at least one side panel (2-5 in Modified Figure 1 below), the at least one side panel (2-5 in Modified Figure 1 below) being joined at extremities along at least one vertical connection line (11 in Modified Figure 1 below), wherein the four lateral sides (2-5 in Modified Figure 1 below) are defined by pinching (as seen in Figures 1-6) the at least one side panel (2-5 in Modified Figure 1 below) to form four vertical ridges (7-10 in Modified Figure 1 below) that shape the sidewall (2-5 in Modified Figure 1 below) into the four lateral sides (2-5 in Modified Figure 1 below), wherein each vertical ridge (7-10 in Modified Figure 1 below) is formed by pinching (as seen in Figures 1-6) of the at least one side panel (2-5 in Modified Figure 1 below) along a pinching line (7-10 in Modified Figure 1 below), or wherein each vertical connection line (11 in Modified Figure 1 below) is positioned along the sidewall (2-5 in Modified Figure 1 below) at a location that does not coincide (wherein the connection line is located midpoint on the sidewalls) with any one of the vertical ridges (7-10 in Modified Figure 1 below). (Figs. 1-6)
Schinasi doesn’t teach fabric panels, or a pinching line that does not extend fully to the bottom side and stops at a first distance from the bottom side; or wherein the at least one side panel is stitched along each pinching line; or each pinching line including at least one seam that extends only along part of a whole height of the sidewall; or wherein the extremities of the at least one side panel are stitched together along each vertical connection line, each vertical connection line including at least one seam that extends along substantially a whole height of the sidewall.
Regarding the extension of the pinching line, Gaye further teaches fabric panels (wherein Gaye teaches “The compactible reusable shopping bag is contemplated to be made of a lightweight , durable , impermeable polymeric fabric”), or a pinching line (15 in Modified Figure 2 below) that does not extend fully (wherein the pinching line only extends to the lowermost seem 58) to the bottom side (20) and stops at a first distance (distance of seam 58) from the bottom side (20), wherein each pinching line (15 in Modified Figure 2 below) including at least one seam (wherein Gaye teaches reinforcing elements 66) that extends only along part of a whole height of the sidewall (wherein the pinching line only extends to the lowermost seem 58 of each sidewall 50). (Figs. 1-3, 9; [0017], [0048], [0051], [0062])
It would have been prima facie obvious for a person having ordinary skill in the art before the effective filing date of the invention to take the tote bag as taught by Schinasi, and provide for fabric panels, and a corner lines with seams that don’t extend to the bottom of the tote as taught by Gaye. Wherein through use of a known technique to a known device ready for improvement to yield predictable results; one would be motivated to provide for fabric panels for a tote bag, in addition to corner lines with seams that do not extend to the bottom of the bag, in order to provide for a flexible tote structure with enough distance to accommodate a lower bottom seam.
Wherein Gaye teaches what could be perceived as stitching (Figure 9), Gaye does not explicitly describe stitching.
Shockley further teaches wherein the at least one side panel (20) is stitched along each pinching line (29); and wherein the extremities of the at least one side panel (20) are stitched together along each vertical connection line (24), each vertical connection line (24) including at least one seam (24) that extends along substantially (as seen in Figure 1) a whole height of the sidewall (20). (Fig. 1; Col. 6, Lines 15-40)
It would have been prima facie obvious for a person having ordinary skill in the art before the effective filing date of the invention to take the tote bag as taught by Schinasi, modified above, and provide for partially extending stitched seams between side panels as taught by Shockley. Wherein through use of a known technique to a known device ready for improvement to yield predictable results; one would be motivated to provide for stitching between seams between side panels, in order to assemble the tote by utilizing a readily recognized technique for attaching luggage panels.
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Regarding Claim 2, Schinasi, modified above, teaches all of the elements of the invention described in claim 1 above;
Schinasi further teaches wherein the sidewall (2-5 in Modified Figure 1 above) includes a pair of opposite short lateral sides (3 and 5 in Modified Figure 1 above) and a pair of opposite long lateral sides (2 and 4 in Modified Figure 1 above), and wherein each vertical connection line (7-10 in Modified Figure 1 above) is positioned to coincide (as seen in Fig. 2) with a vertical midline (11 in Modified Figure 1 above) of a corresponding one of the short lateral sides (3 and 5 in Modified Figure 1 above). (Figs. 1-6)
Regarding Claim 3, Schinasi teaches a tote bag (1 in Modified Figure 1 above) comprising a collapsible container body (1 in Modified Figure 1 above) made of a foldable assembly (as seen in Figure 2 above) of panels (2-5 in Modified Figure 1 above) that are joined together to form a bottom side (6 in Modified Figure 1 above) and a sidewall including four lateral sides (2-5 in Modified Figure 1 above) that jointly define an inner storage volume (as seen in Figures 1-5) when the collapsible container body (1 in Modified Figure 1 above) takes an expanded state (as seen in Figure 1), wherein the sidewall (2-5 in Modified Figure 1 above) is formed of at least one side panel (2-5 in Modified Figure 1 above) being joined at extremities along at least one vertical connection line (11 in Modified Figure 1 above), wherein the four lateral sides (2-5 in Modified Figure 1 above) are defined by pinching (as seen in Figures 1-6) the at least one side panel (2-5 in Modified Figure 1 above) to form four vertical ridges (7-10 in Modified Figure 1 above) that shape the sidewall (2-5 in Modified Figure 1 above) into the four lateral sides (2-5 in Modified Figure 1 above), wherein each vertical ridge (7-10 in Modified Figure 1 above) is formed by pinching (as seen in Figures 1-6) of the at least one side panel (2-5 in Modified Figure 1 above) along a pinching line (7-10 in Modified Figure 1 above), or wherein each vertical connection line (11 in Modified Figure 1 above) is positioned along the sidewall (2-5 in Modified Figure 1 above) at a location that does not coincide (wherein the connection line is located midpoint on the sidewalls) with any one of the vertical ridges (7-10 in Modified Figure 1 above). (Figs. 1-6)
Schinasi doesn’t teach fabric panels, or a pinching line that does not extend fully to the bottom side and stops at a first distance from the bottom side; or wherein the at least one side panel is stitched along each pinching line; or each pinching line including at least one seam that extends only along part of a whole height of the sidewall; or wherein the extremities of the at least one side panel are stitched together along each vertical connection line, each vertical connection line including at least one seam that extends along substantially a whole height of the sidewall; wherein the sidewall includes a pair of opposite short lateral sides and a pair of opposite long lateral sides, wherein each vertical connection line is positioned to coincide with a vertical midline of a corresponding one of the short lateral sides, wherein the at least one side panel includes first and second side panels joined at extremities along a single said vertical connection line each coinciding with the vertical midline of one of the short lateral sides, wherein the first and second side panels are pinched along two said pinching lines to form the four vertical ridges, and wherein the extremities of the first and second side panels panel are stitched together along each of the two vertical connection lines, each of the two vertical connection lines including at least one seam that extends along substantially a whole height of the sidewall.
Regarding the extension of the pinching line, Gaye further teaches fabric panels (wherein Gaye teaches “The compactible reusable shopping bag is contemplated to be made of a lightweight , durable , impermeable polymeric fabric”), or a pinching line (15 in Modified Figure 2 above) that does not extend fully (wherein the pinching line only extends to the lowermost seem 58) to the bottom side (20) and stops at a first distance (distance of seam 58) from the bottom side (20), wherein each pinching (wherein the corners of the tote taught by Gaye are capable of being pinched) line (15 in Modified Figure 2 above) including at least one seam (wherein Gaye teaches reinforcing elements 66) that extends only along part of a whole height of the sidewall (wherein the pinching line only extends to the lowermost seem 58 of each sidewall 50), wherein the sidewall (26) includes a pair of opposite short lateral sides (54) and a pair of opposite long lateral sides (52), wherein each vertical connection line (15 in Modified Figure 2 above) is positioned to coincide (in the folded condition as seen in Figures 4-5) with a vertical midline (64) of a corresponding one of the short lateral sides (54), wherein the at least one side panel (54) includes first and second side panels (54) joined (64) at extremities (as seen in Figures 1-2) along a single said vertical connection line (64) that coincides with the vertical midline (64) of one of the short lateral sides (54), wherein each of the first and second side panels (54) are pinched along two said pinching lines (wherein the corners (15 in Modified Figure 2 above) as taught by Gaye would be capable of being pinched by a user) to form the four vertical ridges (15 in Modified Figure 2 above), wherein the extremities (as seen in Figures 1-2) of the first and second side panels (66) are joined together along each of the two vertical connection lines (64), each of the two vertical connection lines (64) including at least one seam (64) that extends along substantially a whole height (as seen in Figures 1-2 extending to seam 58) of the sidewall (26). (Figs. 1-3, 9; [0017], [0048], [0051], [0062])
It would have been prima facie obvious for a person having ordinary skill in the art before the effective filing date of the invention to take the tote bag as taught by Schinasi, and provide for fabric panels, and a corner lines with seams that don’t extend to the bottom of the tote as taught by Gaye. Wherein through use of a known technique to a known device ready for improvement to yield predictable results; one would be motivated to provide for fabric panels for a tote bag, in addition to corner lines with seams that do not extend to the bottom of the bag, in order to provide for a flexible tote structure with enough distance to accommodate a lower bottom seam.
Wherein Gaye teaches what could be perceived as stitching (Figure 9), Gaye does not explicitly describe stitching.
Shockley further teaches wherein the at least one side panel (20) is stitched along each pinching line (29); and wherein the extremities of the at least one side panel (20) are stitched together along each vertical connection line (24), each vertical connection line (24) including at least one seam (24) that extends along substantially (as seen in Figure 1) a whole height of the sidewall (20). (Fig. 1; Col. 6, Lines 15-40)
It would have been prima facie obvious for a person having ordinary skill in the art before the effective filing date of the invention to take the tote bag as taught by Schinasi, modified above, and provide for partially extending stitched seams between side panels as taught by Shockley. Wherein through use of a known technique to a known device ready for improvement to yield predictable results; one would be motivated to provide for stitching between seams between side panels, in order to assemble the tote by utilizing a readily recognized technique for attaching luggage panels.
Regarding Claim 4, Schinasi teaches a tote bag (1 in Modified Figure 1 above) comprising a collapsible container body (1 in Modified Figure 1 above) made of a foldable assembly (as seen in Figure 2 above) of panels (2-5 in Modified Figure 1 above) that are joined together to form a bottom side (6 in Modified Figure 1 above) and a sidewall including four lateral sides (2-5 in Modified Figure 1 above) that jointly define an inner storage volume (as seen in Figures 1-5) when the collapsible container body (1 in Modified Figure 1 above) takes an expanded state (as seen in Figure 1), wherein the sidewall (2-5 in Modified Figure 1 above) is formed of at least one side panel (2-5 in Modified Figure 1 above) being joined at extremities along at least one vertical connection line (11 in Modified Figure 1 above), wherein the four lateral sides (2-5 in Modified Figure 1 above) are defined by pinching (as seen in Figures 1-6) the at least one side panel (2-5 in Modified Figure 1 above) to form four vertical ridges (7-10 in Modified Figure 1 above) that shape the sidewall (2-5 in Modified Figure 1 above) into the four lateral sides (2-5 in Modified Figure 1 above), wherein each vertical ridge (7-10 in Modified Figure 1 above) is formed by pinching (as seen in Figures 1-6) of the at least one side panel (2-5 in Modified Figure 1 above) along a pinching line (7-10 in Modified Figure 1 above), or wherein each vertical connection line (11 in Modified Figure 1 above) is positioned along the sidewall (2-5 in Modified Figure 1 above) at a location that does not coincide (wherein the connection line is located midpoint on the sidewalls) with any one of the vertical ridges (7-10 in Modified Figure 1 above). (Figs. 1-6)
Schinasi doesn’t teach fabric panels, or a pinching line that does not extend fully to the bottom side and stops at a first distance from the bottom side; or wherein the at least one side panel is stitched along each pinching line; or each pinching line including at least one seam that extends only along part of a whole height of the sidewall; or wherein the extremities of the at least one side panel are stitched together along each vertical connection line, each vertical connection line including at least one seam that extends along substantially a whole height of the sidewall; wherein the sidewall includes a pair of opposite short lateral sides and a pair of opposite long lateral sides, wherein each vertical connection line is positioned to coincide with a vertical midline of a corresponding one of the short lateral sides, wherein the at least one side panel includes a single side panel joined at extremities along a single said vertical connection line that coincides with the vertical midline of one of the short lateral sides, wherein the single side panel is pinched along four said pinching lines to form the four vertical ridges, and wherein the extremities of the single side panel are stitched together along each the single vertical connection line, each the single vertical connection line including at least one seam that extends along substantially a whole height of the sidewall.
Regarding the extension of the pinching line, Gaye further teaches fabric panels (wherein Gaye teaches “The compactible reusable shopping bag is contemplated to be made of a lightweight , durable , impermeable polymeric fabric”), or a pinching line (15 in Modified Figure 2 above) that does not extend fully (wherein the pinching line only extends to the lowermost seem 58) to the bottom side (20) and stops at a first distance (distance of seam 58) from the bottom side (20), wherein each pinching (wherein the corners of the tote taught by Gaye are capable of being pinched) line (15 in Modified Figure 2 above) including at least one seam (wherein Gaye teaches reinforcing elements 66) that extends only along part of a whole height of the sidewall (wherein the pinching line only extends to the lowermost seem 58 of each sidewall 50), wherein the sidewall (26) includes a pair of opposite short lateral sides (54) and a pair of opposite long lateral sides (52), wherein each vertical connection line (15 in Modified Figure 2 above) is positioned to coincide (in the folded condition as seen in Figures 4-5) with a vertical midline (64) of a corresponding one of the short lateral sides (54), wherein the at least one side panel (54) includes a single side panel (66) joined at extremities (as seen in Figures 1-2) along a single said vertical connection line (64) that coincides with the vertical midline (64) of one of the short lateral sides (54), wherein the single side panel (54) is pinched along four said pinching (wherein the corners as taught by Gaye would be capable of being pinched by a user) lines (15 in Modified Figure 2 above) to form the four vertical ridges (15 in Modified Figure 2 above), wherein the extremities (as seen in Figures 1-2) of the single side panel (66) are joined together along the single vertical connection line (64), the single vertical connection line (64) including at least one seam (64) that extends along substantially a whole height (as seen in Figures 1-2 extending to seam 58) of the sidewall (26). (Figs. 1-3, 9; [0017], [0048], [0051], [0062])
It would have been prima facie obvious for a person having ordinary skill in the art before the effective filing date of the invention to take the tote bag as taught by Schinasi, and provide for fabric panels, and a corner lines with seams that don’t extend to the bottom of the tote as taught by Gaye. Wherein through use of a known technique to a known device ready for improvement to yield predictable results; one would be motivated to provide for fabric panels for a tote bag, in addition to corner lines with seams that do not extend to the bottom of the bag, in order to provide for a flexible tote structure with enough distance to accommodate a lower bottom seam.
Wherein Gaye teaches what could be perceived as stitching (Figure 9), Gaye does not explicitly describe stitching.
Shockley further teaches wherein the at least one side panel (20) is stitched along each pinching line (29); and wherein the extremities of the at least one side panel (20) are stitched together along each vertical connection line (24), each vertical connection line (24) including at least one seam (24) that extends along substantially (as seen in Figure 1) a whole height of the sidewall (20). (Fig. 1; Col. 6, Lines 15-40)
It would have been prima facie obvious for a person having ordinary skill in the art before the effective filing date of the invention to take the tote bag as taught by Schinasi, modified above, and provide for partially extending stitched seams between side panels as taught by Shockley. Wherein through use of a known technique to a known device ready for improvement to yield predictable results; one would be motivated to provide for stitching between seams between side panels, in order to assemble the tote by utilizing a readily recognized technique for attaching luggage panels.
Regarding Claim 5, Schinasi, modified above, teaches all of the elements of the invention described in claim 2 above;
Schinasi further teaches wherein the short lateral sides (3 and 5 in Modified Figure 1 above) of the collapsible container body (1 in Modified Figure 1 above) are each provided with a gusset fold (11 in Modified Figure 1 above) designed to allow outward folding (wherein a flexible bag would be capable of being folded outwardly as seen between Figs. 1-2) of the opposite short lateral sides (3 and 5 in Modified Figure 1 above) into flat-folded gusset sections (capable but not shown), each vertical connection line (7-10in Modified Figure 1 above) extending partly along a portion of the gusset fold (wherein it can be seen in Figs. 1-3 that the vertical connection lines (7-10 in Modified Figure 1 above) coincide with the branches of the gusset folds (11 in Modified Figure 1 above)). (Figs. 1-6)
Regarding Claim 6, Schinasi, modified above, teaches all of the elements of the invention described in claim 5 above;
Wherein the flexible tote (1 in Modified Figure 1 above) of Schinasi would be capable of being folded into a flattened configuration; this configuration is not explicitly taught.
Gaye further teaches wherein a collapsible container body (10) is configured to be foldable into a flattened configuration (Figure 3) where the opposite short lateral sides (50) are folded outward along the gusset fold (64) into the flat-folded gusset sections (as seen in Figure 3), wherein the flat-folded gusset sections (64) are foldable inward (as seen in Figure 3) over lateral sections (50) of a first one of the long lateral sides (50), while a second one of the long lateral sides (50) is foldable inward (as seen in Figure 3) to align the bottom side (20) with the second long lateral side (50). (Fig. 3; [0035], [0048])
It would have been prima facie obvious for a person having ordinary skill in the art before the effective filing date of the invention to take the tote bag as taught by Schinasi, modified above, and provide for a flat folded configuration for a tote as taught by Gaye. Wherein through use of a known technique to a known device ready for improvement to yield predictable results; one would be motivated to provide for a flat folded configuration for a flexible tote, in order for the user to conveniently collapse the volume of the tote for storage when not in use.
Regarding Claim 13, Schinasi, modified above, teaches all of the elements of the invention described in claim 1 above;
Schinasi further teaches a rolling support assembly (12 in Modified Figure 5 below) to provide rolling support (12 in Modified Figure 5 below) for the collapsible container body (1 in Modified Figure 1 above) in the expanded state, the rolling support (12 in Modified Figure 5 below) assembly including a support plate (13 in Modified Figure 5 below) and a plurality of caster wheels (14 in Modified Figure 5 below) provided on an underside (as seen in Figure 5) of the support plate (13 in Modified Figure 5 below).
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Regarding Claim 15, Schinasi, modified above, teaches all of the elements of the invention described in claim 1 above except; wherein the collapsible container body is structured such that the sidewall exhibits rounded corners below each of the vertical ridges.
Gaye further teaches wherein the collapsible container body (10) is structured such that the sidewall (50) exhibits rounded corners (wherein the corners of lower seams 58 can be seen as rounded) below each of the vertical ridges (15 in Modified Figure 2 below). (Figs. 1-2; [0048], [0062])
It would have been prima facie obvious for a person having ordinary skill in the art before the effective filing date of the invention to take the tote bag as taught by Schinasi, modified above, and provide for rounded lower corners as taught by Gaye. Wherein through use of a known technique to a known device ready for improvement to yield predictable results; one would be motivated to provide for rounded lower corners for a tote bag, in order to distribute force and mitigate damage to the tote bag during impact with an external object.
Regarding Claim 16, Schinasi, modified above, teaches all of the elements of the invention described in claim 15 above except; wherein the collapsible container body is further structured such that the sidewall exhibits rounded corners above each of the vertical ridges.
Gaye further teaches wherein the collapsible container body (10) is further structured such that the sidewall (50) exhibits rounded corners (wherein the corners of upper seams 56 can be seen as rounded) above each of the vertical ridges (15 in Modified Figure 2 below). (Figs. 1-2; [0048], [0050])
It would have been prima facie obvious for a person having ordinary skill in the art before the effective filing date of the invention to take the tote bag as taught by Schinasi, modified above, and provide for rounded upper corners as taught by Gaye. Wherein through use of a known technique to a known device ready for improvement to yield predictable results; one would be motivated to provide for rounded upper corners for a tote bag, in order to distribute force and mitigate damage to the tote bag during impact with an external object.
Regarding Claim 24, Schinasi, modified above, teaches all of the elements of the invention described in claim 1 above;
Schinasi further teaches a method of forming a sidewall (2-5 in Modified Figure 1 above) of a tote bag (1 in Modified Figure 1 above) comprising: providing one or two side panels (2-5 in Modified Figure 1 above); joining extremities of the one or two side panels (2-5 in Modified Figure 1 above) along one or, respectively, two vertical connection lines (7-10 in Modified Figure 1 above) to form the sidewall (2-5 in Modified Figure 1 above); and forming four vertical ridges (7-10 in Modified Figure 1 above) that shape the sidewall (2-5 in Modified Figure 1 above) into the four lateral sides (2-5 in Modified Figure 1 above) by pinching the one or two side panels (2-5 in Modified Figure 1 above) along four pinching lines (7-10 in Modified Figure 1 above), wherein joining of the extremities of the one or two side panels (2-5 in Modified Figure 1 above) includes positioning each vertical connection lines (11 in Modified Figure 1 above) at a location that does not coincide (wherein the connection line is located midpoint on the sidewalls) with any one of the vertical ridges (7-10 in Modified Figure 1 above). (Figs. 1-6)
Schinasi does not teach four pinching lines that do not extend fully to the bottom side and stop at a first distance from the bottom side.
Gaye further teaches a pinching line (15 in Modified Figure 2 above) that does not extend fully (wherein the pinching line only extends to the lowermost seem 58) to the bottom side (20) and stops at a first distance (distance of seam 58) from the bottom side (20). (Figs. 1-3; [0017], [0048], [0062])
It would have been prima facie obvious for a person having ordinary skill in the art before the effective filing date of the invention to take the tote bag as taught by Schinasi, modified above, and provide for corner lines that don’t extend to the bottom of the tote as taught by Gaye. Wherein through use of a known technique to a known device ready for improvement to yield predictable results; one would be motivated to provide for corner lines that do not extend to the bottom of the bag, in order to provide for a flexible tote structure with enough distance to accommodate a lower bottom seam.
Claims 9-12 are rejected under 35 U.S.C. 103 as being unpatentable over Schinasi (US D688449 S), in view of Gaye (US 20210112937 A1), in view of Shockley (US 5062717 A), and further in view of Blomberg (US 20090173646 A1).
Regarding Claim 9, Schinasi, modified above, teaches all of the elements of the invention described in claim 1 above except; further comprising a releasable cover panel that forms an integral part of the collapsible container body, which releasable cover panel is provided at an upper end of the sidewall to allow selective closure of the inner storage volume when the collapsible container body is in the expanded state.
Wherein Schinasi teaches a collapsible container (1 in Modified Figure 1) provided in an expanded state (Fig. 4). (Figs. 1-6)
Blomberg further teaches a tote bag (Fig. 1) with a releasable (2) cover panel (3) that forms an integral part (as seen in Figure 1) of the container body (Fig. 1), wherein the releasable cover panel (3) is provided at an upper end (as seen in Figure 1) of the sidewall (11 in Modified Figure 1A below) to allow selective closure (as a zipper) of the inner storage volume (as seen in Figure 1) when the container (Fig. 1) body is in the expanded state (as seen in Figure 1). (Figs. 1-2; [0007], [0021] - [0023]; Claim 1)
It would have been prima facie obvious for a person having ordinary skill in the art before the effective filing date of the invention to take the tote bag as taught by Schinasi, modified above, and provide for a releasable cover panel as taught by Blomberg. Wherein through use of a known technique to a known device ready for improvement to yield predictable results; one would be motivated to provide for a releasable cover panel, in order for the user to selectively close the tote in order to protect the stowed contents.
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Regarding Claim 10, Schinasi, modified above, teaches all of the elements of the invention described in claim 9 above except; wherein each pinching line further stops at a second distance from the upper end of the sidewall.
Gaye further teaches wherein each pinching line (15 in Modified Figure 2 below) further stops at a second distance (defined by the distance of the topmost seam 56) from the upper end of the sidewall (50). (Figs. 1-3; [0048], [0050])
It would have been prima facie obvious for a person having ordinary skill in the art before the effective filing date of the invention to take the tote bag as taught by Schinasi, modified above, and provide for a partially extending pinching line as taught by Gaye. Wherein through use of a known technique to a known device ready for improvement to yield predictable results; one would be motivated to provide for a partially extending pinching line from the upper end of a sidewall, in order to provide relief for a top seam.
Regarding Claim 11, Schinasi, modified above, teaches all of the elements of the invention described in claim 9 above except; wherein the releasable cover panel is permanently attached to one of the lateral sides and releasably attachable to the remaining ones of the lateral sides to close the inner storage volume.
Blomberg further teaches wherein the releasable cover panel (3) is permanently attached (as seen in Figure 1) to one of the lateral sides (11 in Modified Figure 1A above) and releasably attachable (via zipper 2) to the remaining ones of the lateral sides (12-14 in Modified Figure 1A above) to close the inner storage volume (as seen in Figs. 1-2). (Figs. 1-2; [0007], [0021] - [0023]; Claim 1)
It would have been prima facie obvious for a person having ordinary skill in the art before the effective filing date of the invention to take the tote bag as taught by Schinasi, modified above, and provide for a releasable cover panel as taught by Blomberg. Wherein through use of a known technique to a known device ready for improvement to yield predictable results; one would be motivated to provide for a releasable cover panel, in order for the user to selectively close the tote in order to protect the stowed contents.
Regarding Claim 12, Schinasi, modified above, teaches all of the elements of the invention described in claim 11 above except;
Blomberg further teaches wherein the releasable cover panel (3) is releasably attachable to the remaining ones of the lateral sides (12-14 in Modified Figure 1A above) by means of a zipper (2). (Figs. 1-2; [0007], [0021] - [0023]; Claim 1)
It would have been prima facie obvious for a person having ordinary skill in the art before the effective filing date of the invention to take the tote bag as taught by Schinasi, modified above, and provide for a releasable cover panel as taught by Blomberg. Wherein through use of a known technique to a known device ready for improvement to yield predictable results; one would be motivated to provide for a releasable cover panel, in order for the user to selectively close the tote in order to protect the stowed contents.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Schinasi (US D688449 S), in view of Gaye (US 20210112937 A1), as applied to claim 13 above, and further in view of Musi (US 7726671 B2).
Regarding Claim 14, Schinasi, modified above, teaches all of the elements of the invention described in claim 13 above except; wherein the collapsible container body further comprises a retaining structure configured to securely hold the support plate outside of the inner storage volume against an underside of the bottom side.
Musi further teaches a tote (40) wherein the collapsible (as seen in Figures 2A-2B) container body (60) further comprises a retaining structure (70) configured to securely hold the support plate (20) outside of the inner storage volume (outside of container body 60) against an underside of the bottom side (64). (Figs. 2A-2B; Col. 3, Lines 15-32)
It would have been prima facie obvious for a person having ordinary skill in the art before the effective filing date of the invention to take the tote bag as taught by Schinasi, modified above, and provide for a retaining structure for mounting the support plate as taught by Musi. Wherein through use of a known technique to a known device ready for improvement to yield predictable results; one would be motivated to provide for a retaining structure for securing a support plate to the bottom of a tote bag, in order for the support plate and wheels to be securely mounted to the underside of the tote bag.
Claims 17, and 19-23 are rejected under 35 U.S.C. 103 as being unpatentable over Schinasi (US D688449 S), in view of Gaye (US 20210112937 A1), and further in view of Dabrazzi (US 20080187252 A1).
Regarding Claim 17, Schinasi, modified above, teaches all of the elements of the invention described in claim 1 above except; wherein the at least one side panel is made of at least two outer pieces of fabric and an intermediate piece of packing material interposed between the two outer pieces of fabric.
Wherein Schinasi remains silent regarding the panel construction; Gaye further teaches fabric panels (wherein Gaye teaches “the bag 10 is made of a lightweight , impermeable polymer such as silnylon , poly ester coated with polyurethane , or polyethylene , or of a laminated woven sheet material , or other lightweight ,durable , and impermeable polymer . The purpose of the material is to render a lightweight , portable , durable fabric that is impermeable to liquids and long - lasting with repeated usage.”) (Figs. 1-3; [0048]; Claim 7). (Figs. 1-3; [0048]; Claim 7)
It would have been prima facie obvious for a person having ordinary skill in the art before the effective filing date of the invention to take the tote bag as taught by Schinasi, modified above, and provide for fabric panels as taught by Gaye. Wherein through use of a known technique to a known device ready for improvement to yield predictable results; one would be motivated to provide for fabric panels for a tote bag in order to provide a panel body constructed of fabric which is readily recognized in the art.
Regarding the plurality of layers; Dabrazzi further teaches a tote (15) wherein the at least one side panel (17) is made of at least two outer pieces of material (11, 12) and an intermediate piece of packing material (13, wherein Dabrazzi teaches “the intermediate material layer 13 is made of any material having shockproof properties, that is, shock-absorbing.”) interposed between the two outer pieces of fabric (12, 13). (Figs. 1, 3; [0019], [0022]-[0023], [0031])
It would have been prima facie obvious for a person having ordinary skill in the art before the effective filing date of the invention to take the tote bag as taught by Schinasi, modified above, and provide for three layers of material as taught by Dabrazzi. Wherein through use of a known technique to a known device ready for improvement to yield predictable results; one would be motivated to provide for a plurality of material layers, in order to implement an intermediate layer with packing material that can mitigate potential shock damage to the tote.
Regarding Claim 19, Schinasi, modified above, teaches all of the elements of the invention described in claim 17 above except; wherein the outer pieces of fabric are made of or comprise at least one sheet of woven fabric produced out of strands of synthetic or non-synthetic material.
Wherein Schinasi remains silent regarding the panel construction; Gaye further teaches wherein the outer pieces of fabric (wherein Gaye teaches “fabric”) are made of or comprise at least one sheet of woven fabric (wherein Gaye teaches “fabric”) produced out of strands (wherein fabric is comprised of strands) of synthetic or non-synthetic (wherein Gaye teaches “polymeric”) material. (Wherein Gaye teaches “the bag 10 is made of a lightweight , impermeable polymer such as nylon , poly ester coated with polyurethane , or polyethylene , or of a laminated woven sheet material , or other lightweight ,durable , and impermeable polymer . The purpose of the material is to render a lightweight , portable , durable fabric that is impermeable to liquids and long - lasting with repeated usage.”) (Figs. 1-3; [0048]; Claim 7)
It would have been prima facie obvious for a person having ordinary skill in the art before the effective filing date of the invention to take the tote bag as taught by Schinasi, modified above, and provide for outer woven fabric panels as taught by Gaye. Wherein through use of a known technique to a known device ready for improvement to yield predictable results; one would be motivated to provide for fabric panels for a tote bag in order to provide a panel body constructed of fabric which is readily recognized in the art.
Regarding Claim 20, Schinasi, modified above, teaches all of the elements of the invention described in claim 19 above except; wherein the strands of synthetic or non-synthetic material are polypropylene (PP) strands.
Wherein Schinasi remains silent regarding the panel construction; Gaye further teaches strands (wherein Gaye teaches “fabric” and fabric is comprised of strands) of synthetic or non-synthetic (wherein Gaye teaches “polymeric”) material. (Wherein Gaye teaches “the bag 10 is made of a lightweight , impermeable polymer such as nylon , poly ester coated with polyurethane , or polyethylene , or of a laminated woven sheet material , or other lightweight ,durable , and impermeable polymer . The purpose of the material is to render a lightweight , portable , durable fabric that is impermeable to liquids and long - lasting with repeated usage.”) (Figs. 1-3; [0048]; Claim 7)
It would have been prima facie obvious for a person having ordinary skill in the art before the effective filing date of the invention to take the tote bag as taught by Schinasi, modified above, and provide for outer woven fabric panels as taught by Gaye. Wherein through use of a known technique to a known device ready for improvement to yield predictable results; one would be motivated to provide for fabric panels for a tote bag in order to provide a panel body constructed of fabric which is readily recognized in the art.
Dabrazzi further teaches the use of polypropylene (Wherein Dabrazzi teaches “for example, such plastic material is selected from: polyethylene (PE), polypropylene (PPL)…”) (Fig. 1; [0019] - [0022])
It would have been prima facie obvious for a person having ordinary skill in the art before the effective filing date of the invention to take the tote bag as taught by Schinasi, modified above, and provide for polypropylene material as taught by Dabrazzi. Wherein through use of a known technique to a known device ready for improvement to yield predictable results; one would be motivated to provide for polypropylene as a material in order to provide the tote with waterproof properties.
Regarding Claim 21, Schinasi, modified above, teaches all of the elements of the invention described in claim 19 above except; wherein one or each of the outer pieces of fabric further comprises an outer layer that is applied on an outer side of the sheet of woven fabric.
Gaye further teaches wherein one or each of the outer pieces of fabric (50) further comprises an outer layer (50) that is applied (wherein Gaye teaches “polyester coated with polyurethane”) on an outer side of the sheet of woven fabric (50). (Figs. 1-3; [0048]; Claim 7)
It would have been prima facie obvious for a person having ordinary skill in the art before the effective filing date of the invention to take the tote bag as taught by Schinasi, modified above, and provide for providing an additional layer applied to the outer woven fabric panels as taught by Gaye. Wherein through use of a known technique to a known device ready for improvement to yield predictable results; one would be motivated to provide for an additional outer coating layer, in order to further enhance the protective properties (IE impermeability) of the outer fabric layer.
Regarding Claim 22, Schinasi, modified above, teaches all of the elements of the invention described in claim 21 above except; wherein the outer layer is a laminated film or an extrusion coating.
Gaye further teaches wherein the outer layer is a laminated film (wherein Gaye teaches “a laminated woven sheet material”) or an extrusion coating. (Figs. 1-3; [0048]; Claim 7)
It would have been prima facie obvious for a person having ordinary skill in the art before the effective filing date of the invention to take the tote bag as taught by Schinasi, modified above, and provide for providing an additional laminated layer applied to the outer woven fabric panels as taught by Gaye. Wherein through use of a known technique to a known device ready for improvement to yield predictable results; one would be motivated to provide for an additional outer lamination layer, in order to further enhance the protective properties (IE impermeability) of the outer fabric layer.
Regarding Claim 23, Schinasi, modified above, teaches all of the elements of the invention described in claim 21 above except; wherein the outer layer is a biaxially-oriented polypropylene (BOPP) film, a cast polypropylene (CPP) film or polypropylene (PP) coating.
Dabrazzi further teaches wherein an outer layer (11) is a biaxially-oriented polypropylene (BOPP) film, a cast polypropylene (CPP) film or polypropylene (PP) coating. (wherein Dabrazzi teaches “For example, such plastic material is selected from: polyethylene (PE), polypropylene (PPL), high-density polypropylene (HD), PVC, co-extruded polyethylene (PLT COEX), metallized polypropylene, “air film' or “polibond'.”) (Figs. 1, 3; [0019] - [0022])
It would have been prima facie obvious for a person having ordinary skill in the art before the effective filing date of the invention to take the tote bag as taught by Schinasi, modified above, and provide for an outer layer comprising polypropylene as taught by Dabrazzi. Wherein through use of a known technique to a known device ready for improvement to yield predictable results; one would be motivated to provide an outer layer comprised of polypropylene in order to provide the tote with waterproof impermeability.
Claims 18 is rejected under 35 U.S.C. 103 as being unpatentable over Schinasi (US D688449 S), in view of Gaye (US 20210112937 A1), further in view of Dabrazzi (US 20080187252 A1), as applied to claim 17 above, and further in view of Nirmal et al. (US 20220009690 A1).
Regarding Claim 18, Schinasi, modified above, teaches all of the elements of the invention described in claim 17 above except; wherein the packing material is bubble wrap.
Wherein Dabrazzi teaches an intermediate packing layer. (Figs. 1, 3; [0019], [0023]-[0024])
It would have been prima facie obvious for a person having ordinary skill in the art before the effective filing date of the invention to take the tote bag as taught by Schinasi, modified above and provide for three layers of material as taught by Dabrazzi. Wherein through use of a known technique to a known device ready for improvement to yield predictable results; one would be motivated to provide for a plurality of material layers, in order to implement an intermediate layer with packing material that can mitigate potential shock damage to the tote.
Nirmal et al. further teaches a packing layer comprising bubble wrap (where