DETAILED ACTION
Prior Office Action Withdrawn and Vacated
The prior office action is withdrawn and vacated because complete copies of the two Chinese references were not provided in the prior office action (see MPEP 707.05(a)).
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 .
Claim Rejections - 35 USC § 102
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.
REJECTION BASED ON WRONSKI
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Published Application 2016/0324300 to Wronski.
Regarding claim 1, Wronski discloses a backpack comprising a backpack body (10) and an integrated umbrella holder (32) located on the back of the backpack body (Figs. 1-2).
REJECTION BASED ON GAO
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN 201263479 to Gao.
Regarding claim 1, Gao discloses a backpack comprising a backpack body (1) and an integrated umbrella holder (2) located on the back of the backpack body (see figure).
Amendment Guidelines and Sample Response
The following are a guide to making amendments and a sample response (including amendments), for Applicant’s reference.
REVISED AMENDMENT PRACTICE: 37 CFR 1.121 CHANGED
COMPLIANCE IS MANDATORY - Effective Date: July 30, 2003
All amendments filed on or after the effective date noted above must comply with revised 37 CFR 1.121. See Final Rule: Changes To Implement Electronic Maintenance of Official Patent Application Records (68 Fed. Reg. 38611 (June 30, 2003), posted on the Office’s website at: http://www.uspto.gov/web/patents/ifw/ with related information. The amendment practice set forth in revised 37 CFR 1.121, and described below, replaces the voluntary revised amendment format available to applicants since February 2003. NOTE: STRICT COMPLIANCE WITH THE REVISED 37 CFR 1.121 IS REQUIRED AS OF THE EFFECTIVE DATE (July 30, 2003). The Office will notify applicants of amendments that are not accepted because they do not comply with revised 37 CFR 1.121 via a Notice of Non-Compliant Amendment. See MPEP 714.03 (Rev. 1, Feb. 2003). The noncompliant section(s) will have to be corrected and the entire corrected section(s) resubmitted within a set period.
Bold underlined italic font has been used below to highlight the major differences between the revised 37 CFR 1.121 and the voluntary revised amendment format that applicants could use since February, 2003. Note: The amendment practice for reissues and reexamination proceedings, except for drawings, has not changed.
REVISED AMENDMENT PRACTICE
I. Begin each section of an amendment document on a separate sheet:
Each section of an amendment document (e.g., Specification Amendments, Claim Amendments, Drawing Amendments, and Remarks) must begin on a separate sheet. Starting each separate section on a new page will facilitate the process of separately indexing and scanning each section of an amendment document for placement in an image file wrapper.
II. Two versions of amended part(s) no longer required:
37 CFR 1.121 has been revised to no longer require two versions (a clean version and a marked up version) of each replacement paragraph or section, or amended claim. Note, however, the requirements for a clean version and a marked up version for substitute specifications under 37 CFR 1.125 have been retained.
A) Amendments to the claims:
Each amendment document that includes a change to an existing claim, cancellation of a claim or submission of a new claim, must include a complete listing of all claims in the application. After each claim number in the listing, the status must be indicated in a parenthetical expression, and the text of each pending claim (with markings to show current changes) must be presented. The claims in the listing will replace all prior claims in the application.
(1) The current status of all of the claims in the application, including any previously canceled, not entered or withdrawn claims, must be given in a parenthetical expression following the claim number using only one of the following seven status identifiers: (original), (currently amended), (canceled), (withdrawn), (new), (previously presented) and (not entered). The text of all pending claims, including withdrawn claims, must be submitted each time any claim is amended. Canceled and not entered claims must be indicated by only the claim number and status, without presenting the text of the claims.
(2) The text of all claims being currently amended must be presented in the claim listing with markings to indicate the changes that have been made relative to the immediate prior version. The changes in any amended claim must be shown by underlining (for added matter) or strikethrough (for deleted matter) with 2 exceptions: (1) for deletion of five characters or fewer, double brackets may be used (e.g., [[eroor]]); and (2) if strikethrough cannot be easily perceived (e.g., deletion of the number “4” or certain punctuation marks), double brackets must be used (e.g., [[4]]). As an alternative to using double brackets, however, extra portions of text may be included before and after text being deleted, all in strikethrough, followed by including and underlining the extra text with the desired change (e.g., number 14 as). An accompanying clean version is not required and should not be presented. Only claims of the status “currently amended,” and “withdrawn” that are being amended, may include markings.
(3) The text of pending claims not being currently amended, including withdrawn claims, must be presented in the claim listing in clean version, i.e., without any markings. Any claim text presented in clean version will constitute an assertion that it has not been changed relative to the immediate prior version except to omit markings that may have been present in the immediate prior version of the claims.
(4) A claim being canceled must be listed in the claim listing with the status identifier “canceled”; the text of the claim must not be presented. Providing an instruction to cancel is optional.
(5) Any claims added by amendment must be presented in the claim listing with the status identifier “(new)”; the text of the claim must not be underlined.
(6) All of the claims in the claim listing must be presented in ascending numerical order. Consecutive canceled, or not entered, claims may be aggregated into one statement (e.g., Claims 1 – 5 (canceled)).
Example of listing of claims (use of the word “claim” before the claim number is optional):
Claims 1-5 (canceled)
Claim 6 (previously presented): A bucket with a handle.
Claim 7 (withdrawn): A handle comprising an elongated wire.
Claim 8 (withdrawn): The handle of claim 7 further comprising a plastic grip.
Claim 9 (currently amended): A bucket with a green
Claim 10 (original): The bucket of claim 9 wherein the handle is made of wood.
Claim 11 (canceled)
Claim 12 (not entered)
Claim 13 (new): A bucket with plastic sides and bottom.
B) Amendments to the specification:
Amendments to the specification, including the abstract, must be made by presenting a replacement paragraph or section or abstract marked up to show changes made relative to the immediate prior version. An accompanying clean version is not required and should not be presented. Newly added paragraphs or sections, including a new abstract (instead of a replacement abstract), must not be underlined. A replacement or new abstract must be submitted on a separate sheet, 37 CFR 1.72. If a substitute specification is being submitted to incorporate extensive amendments, both a clean version (which will be entered) and a marked up version must be submitted as per 37 CFR 1.125.
The changes in any replacement paragraph or section, or substitute specification must be shown by underlining (for added matter) or strikethrough (for deleted matter) with 2 exceptions: (1) for deletion of five characters or fewer, double brackets may be used (e.g., [[eroor]]); and (2) if strikethrough cannot be easily perceived (e.g., deletion of the number “4” or certain punctuation marks), double brackets must be used (e.g., [[4]]). As an alternative to using double brackets, however, extra portions of text may be included before and after text being deleted, all in strikethrough, followed by including and underlining the extra text with the desired change (e.g., number 14 as)
C) Amendments to drawing figures:
Drawing changes must be made by presenting replacement figures which incorporate the desired changes and which comply with 37 CFR 1.84. An explanation of the changes made must be presented either in the drawing amendments, or remarks, section of the amendment, and may be accompanied by a marked-up copy of one or more of the figures being amended, with annotations. Any replacement drawing sheet must be identified in the top margin as “Replacement Sheet” and include all of the figures appearing on the immediate prior version of the sheet, even though only one figure may be amended. Any marked-up (annotated) copy showing changes must be labeled “Annotated Marked-up Drawings” and accompany the replacement sheet in the amendment (e.g., as an appendix). The figure or figure number of the amended drawing(s) must not be labeled as “amended.” If the changes to the drawing figure(s) are not accepted by the examiner, applicant will be notified of any required corrective action in the next Office action. No further drawing submission will be required, unless applicant is notified.
Questions regarding the submission of amendments pursuant to the revised practice set forth in this flyer should be directed to: Elizabeth Dougherty or Gena Jones, Legal Advisors, or Joe Narcavage, Senior Special Projects Examiner, Office of Patent Legal Administration, by e-mail to patentpractice@uspto.gov or by phone at (703) 305-1616.
SAMPLE FORMAT FOR REVISED AMENDMENT PRACTICE (Rev. 6/03)
Appl. No. : XX/YYY,YYY Confirmation No. WXYZ
Applicant : James Q. Inventor
Filed : April 19, 2003
TC/A.U. : 1744
Examiner : John Doe
Docket No. : 12345/JAS/R758
Customer No. : 88888
Commissioner for Patents
P.O. Box 1450
Alexandria VA 22313-1450
AMENDMENT
Sir:
In response to the Office action of October 16, 2003, please amend the above-identified
application as follows:
Amendments to the Specification begin on page 2 of this paper.
Amendments to the Claims are reflected in the listing of claims which begins on page 3 of this paper.
Amendments to the Drawings begin on page 4 of this paper and include both an attached replacement sheet and an annotated sheet showing changes.
Remarks/Arguments begin on page 5 of this paper.
An Appendix including amended drawing figures is attached following page 5 of this paper.
Amendments to the Specification:
Please replace paragraph [0021] with the following amended paragraph:
[0021] In the construction of the bucket of this invention, various materials have been
selected [[and]] which offer a number of diverse properties [[ , ]] and allow for varied
functions of the article. For caustic solutions, the bucket can be made of a durable polymer plastic material. Where an aesthetic appeal is desired, the bucket can be any [[of]] one of many attractive colors. The following list of properties serves to define possible uses for the buckets.
Please replace paragraph [0045] with the following amended paragraph:
[0045] Figure 1 displays a bucket of the invention. As can be seen from the drawing, a handle is attached to the upper lip of the structure and connected at points diametrically opposite each other on the circumference.
Please add the following new paragraph after paragraph [0075]:
[0075.1] An optional feature of the articles of the invention is the addition of a
tetrafluoroethylene coating to the bucket to provide protection from any contents which
might be caustic. The coating can be provided to the surface during the manufacturing
process or can be added in a later step.
Please delete the paragraph beginning at page 2, line 4, which starts with “Under normal circumstances”
Amendments to the Claims:
This listing of claims will replace all prior versions, and listings, of claims in the
application:
Listing of Claims:
Claims 1-5 (canceled)
Claim 6 (previously presented): A bucket with a handle.
Claim 7 (withdrawn): A handle comprising an elongated wire.
Claim 8 (withdrawn): The handle of claim 7 further comprising a plastic grip.
Claim 9 (currently amended): A bucket with a blue handle.
Claim 10 (original): The bucket of claim 9 wherein the handle is made of wood.
Claim 11 (canceled)
Claim 12 (not entered)
Claim 13 (new): A bucket with plastic sides and bottom.
Amendments to the Drawings:
The attached sheet of drawings includes changes to Fig. 2. This sheet, which includes Fig. 1-2, replaces the original sheet including Fig. 1-2. In Figure 2, previously omitted element 13 has been added.
REMARKS/ARGUMENTS
In the specification, the paragraphs [0021] and [0045] have been amended to
correct minor editorial problems. The new paragraph [0075.1] added after paragraph
[0075] discusses in general terms the features taken from Example 4.
In amended Figure 2, the previously omitted element numeral 13 has been added.
Claims 6-10 and 12-13 remain in this application. Claims 1-5 and 11 have been
canceled. Claims 7 and 8 have been withdrawn.
The examiner has acknowledged that claims 6 and 9-10 are directed to allowable
subject matter. Claim 7-8 have been withdrawn as the result of an earlier restriction
requirement. Claim 13 adds an additional feature from Example 2 in the specification.
In view of the examiner’s earlier restriction requirement, applicant retains the
right to present claims 7-8 in a divisional application ……………………………..
………………………………………………………………………………………………
……………………………………………………………………….
Applicant respectfully requests that a timely Notice of Allowance be
issued in this case.
Respectfully submitted,
_/James Q. Inventor/_
James Q. Inventor
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The cited references disclose configurations similar to that disclosed by applicant.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SCOTT T MCNURLEN whose telephone number is (313)446-4898. The examiner can normally be reached M-F 8am-5pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/SCOTT T MCNURLEN/Primary Examiner, Art Unit 3734