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 .
The drawings dated 06/11/2025 has been disapproved for having new matter including: a) the use of a partition/divider, b) the specificity of the size of the two partitions, c) the particular location of the divider along the width of the opening, and along the length of the enclosure 100, d)Note that fig. 3 shows the front face being recessed from the opening while the new figure shows a different size of the liner front.
Fig. 3 original disclosure
Drawings dated 06/11/2025
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Note the specification recites: “Specifically, the waterproof bag 212 may be configured to longitudinally divide (along a length “L” of the enclosure, as shown in FIG. 2) the enclosure interior portion into the first storage area and the second storage area. The first storage area may be disposed towards the back portion 102b, and the second storage area may be disposed towards the front portion 102a.” the specification only has the bag itself dividing the interior. There is nothing in the specification about a partition/divider shown in the new drawing.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the following claimed features must be shown, without entering any new matter: the waterproof bag is configured to longitudinally divide the interior portion into the first storage area and the second storage area in claim 2 and 17.
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-6, 9-17 and 19-21 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. The original disclosure does not teach a) the limitation “wherein the waterproof bag extends from the wall of the front portion and attached to the entire wall of the bottom portion to cover the front opening from the interior portion”. Note the specification, para. 28, recites
“The luggage system 100 may further include a waterproof bag 212 (as depicted in FIG. 2). The waterproof bag 212 may be disposed in the enclosure interior portion. In some aspects, the waterproof bag 212 may be a flexible and waterproof sheet (e.g., made of plastic or any other flexible material) that may be integrated to the walls of the enclosure interior portion. For example, the waterproof bag 212 may be welded or attached via adhesive to the walls of the front portion 102a, the back portion 102b, the bottom portion 102d, the left-side portion 102e, and the right-side portion 102f. In other aspects, the waterproof bag 212 may be attached to cover an entire area of each wall described above.
Note that the original disclosure teaches the waterproof bag 212 teaches “attached via adhesive to... the bottom portion 102d” and “attached to cover an entire area of each wall described above”. The original disclosure does not teach “attached to the entire wall of the bottom portion”, and b) note that by attaching to the attached to the entire wall of the bottom portion, the liner would become immovable and would be unable to accommodate the use of the second storage area as a luggage in claims 1, and 20 and the removable bins in claim 16. This is a new matter rejection.
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 1-6, 9-17, and 19-21 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.
In claims 1, 16 and 20, “a front portion” is a double inclusion of “an enclosure front portion”.
In claims 1, 16 and 20, “a top portion” is a double inclusion of “an enclosure top portion”.
Claims 1-6, 9-12, 16, 17 and 19-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Breyburg (10556725).
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In embodiments, the storage assembly may have a hard shell or a soft shell
(30) FIGS. 1a-1c, illustrate aspects of the convertible nature of storage assembly 100, by disclosing that a first liner 115 may line the entire inner surface of outer shell 105,
In an embodiment, a liner may be fitted to line the interior of the hard-shell storage assembly in the absence of any partition.
In the embodiment, which includes liner 115 lining the inner surfaces of outer shell 105 and access hatch 120, 122, should either of access hatch 120 or 122 be opened, liner 115 would be visible. If liner 115 were flexible, contents 140 may then distort the liner without the support of the latch
(10) In an embodiment with a first compartment and a second compartment, the first compartment may include a shelving unit, a top access, an access hatch located on an end of the assembly or on a side of the assembly toward an end of the assembly, and a waterproof liner.
(33) In FIG. 2a, convertible storage assembly 200 illustrates various methods of attaching a liner. One method is to affix hook and loop sections, e.g., section 222, which may be Velcro™ sections, about the top edge of rim 130, for joining to mating hook and loop sections (e.g., mating hook and loop section 325a, FIG. 3a) on a corresponding rim section of a liner (e.g., liner 300, FIG. 3a).
Liner 300 is shown dimensioned to line the entire inner surface of outer shell 105
(51) The storage assemblies 100, 200, 800, 1500, 1600, 1700, 1800 may be configured for transportability by any suitable means, including, but not limited to, one or more top handles, shoulder straps, harness shoulder straps for being worn on the user's back, and pullout handles secured to the back of the assembly for being pulled by the user. The storage assemblies may further include one or more wheels for ease of transportation when the assembly is being pulled by the user.
Regarding claim 1, 16, and 20, Breyburg teaches a luggage system comprising a rigid enclosure having a top opening, at an enclosure top portion and a front opening (120/122) at an enclosure front portion; wherein the rigid enclosure comprises a front portion, a back portion, a top portion, a bottom portion, a left-side portion, and a right-side portion being the front, back, top, bottom, left and side walls of the container, a top openable lid (110) pivotally connected to the enclosure top portion; a front openable lid (120/122) pivotally connected to the enclosure front portion; and a waterproof bag (115) configured to divide an interior portion of the rigid enclosure into a first storage area and a second storage area, wherein the first storage area is a cooler and the second storage area is a luggage area, and wherein the waterproof bag is a flexible bag that enables the luggage system to modify a first storage area volume and a second storage area volume. Note the top opening enables a user to access the first storage area and the front opening enables the user to access the second storage area. Wherein the waterproof bag is attached to cover entire walls of the front portion, the back portion, the bottom portion, the left-side portion, and the right-side portion in the interior portion of the rigid enclosure (note citation above in which the liner 100/300 dimensioned to line the entire inner surface of the outer shell 105), wherein the waterproof bag extends from the wall of the front portion to the entire wall of the bottom portion to cover the front opening from the interior portion as best understood in view of the 112 matters above.
Regarding claims 2, and 17 note the liner forms a longitudinally divider as claimed, i.e, content can be placed longitudinally via the second opening, and the liner itself acts as a divider. Note that the claim does not impart any structure over the liner in Breyburg.
Regarding claim 3, note the rigid lid.
Regarding claim 4, note that portion 136 comprises the claimed lip.
Regarding claim 5, note the front openable lid is a rigid lid.
Regarding claims 6, and 16 note the second storage area comprises one or more removable bins 154. Note that the limitation that bins are configured to store clothes are intended use.
Regarding claims 9 and 19, note the rigid enclosure is cuboidal in shape.
Regarding claim 10, note the shoulder straps for wearing on back as cited above.
Regarding claim 11, note the hatch cover lock 138 to lock the top openable lid with the enclosure top portion.
Regarding claim 12, note that the storage areas are insulated as claimed. Note that portions 154 and liner each has some insulated properties.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Breyburg in view of Hesslein (3128905). Breyburg meets all claimed limitations except for the material of PCV Closed cell foam. Hesslein teaches that it is known in the art to provide a enclosure made from PVC foam. It would have been obvious to one of ordinary skill in the art to provide the enclosure of Breyburg from PVC closed cell foam as taught by Hesslein to provide the desired material for insulation.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Breyburg in view of Katz (4180114). Breyburg meets all claimed limitations except for the hook and loop strap. Katz teaches that it is known in the art to provide hook and loop strap at 68. It would have been obvious to one of ordinary skill in the art to provide a plurality of hook and loop straps to hold the desired contents more securely.
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Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Breyburg in view of Merzon (8123093). Breyburg meets all claimed limitations except for the bungee cord. Merzon teaches that it is known in the art to provide bungee cord at 110. It would have been obvious to one of ordinary skill in the art to provide the bungee cord as taught by Merzon to attach other contents.
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Breyburg in view of Goulette (20060113307). Breyburg teaches the attachment to the walls at the flange portion at 320a/b and 325a and 325b. Breyburg does not teach the liner attached to walls of the front portion, the back portion, the bottom portion, the left-side portion, and the right-side portion in the interior portion of the rigid enclosure, via adhesive.
The high tack side 125 of the adhesive 126a, 126b is affixed to the liner 10 which results in the adhesive 126a, 126b remaining affixed to the liner 100 following the eventual removal from the cooler 50 and disposal of the liner 100.
An adhesive 24 is attached to the liner 10 in at least one location to secure the liner 10 to the inside of the cooler 50. In a preferred embodiment, the adhesive 24 is attached to at least one of the top edges 12a, 14a, 16a, 18a. As is shown in FIG. 2, the adhesive 24 can also be attached to at least one of the lower edges 12b, 14b, 16b, 18b.
As shown in FIG. 2, the adhesive 24 can be affixed to several locations on the outer surface(s) (unnumbered) of the liner 10 to accomplish attaching the liner 10 to the inside of the cooler 50. Several locations for adhesive 24 attachment are shown in FIG. 2, however, other locations (not shown) would also be effective for further securing the liner 10 to the cooler 50 and are therefore also within the scope of the invention.
Goulette teaches that it is known in the art to provide a removable liner with adhesive to walls of the enclosure. It would have been obvious to one of ordinary skill in the art before the effective filing date to provide the front portion, the back portion, the bottom portion, the left-side portion, and the right-side portion as taught by Goulette to keep the liner securely fastened and/or to keep the contents from moving and/or to clearly delineate the area for the various portions of storage.
Applicant's arguments have been fully considered but they are not persuasive.
a) Note the drawing dated 06/11/2025 has new matter as set forth above.
b) Regarding the rejection, applicant asserts that Breyburg does not teach the limitation “wherein the waterproof bag extends from the wall of the front portion and attached to the entire wall of the bottom portion to cover the front opening from the interior portion”. As set forth above, in the original disclosure does not teach “attached to the entire wall of the bottom portion”, and b) note that by attaching to the attached to the entire wall of the bottom portion, the liner would become immovable and would be unable to accommodate the use of the second storage area as a luggage in claims 1, and 20 and the removable bins in claim 16. The specification and the claims require the second storage area to be used as luggage and/or for the removable bin, the device of Breyburg meets this limitation as set forth above.
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