DETAILED ACTION
Status of Application
Applicant’s arguments filed on December 23, 2025 have been fully considered but they are not persuasive. The previous 112 rejections have been withdrawn in light of Applicant’s amendments. Claims 1, 3, 4, 6 and 9 have been amended. Claims 2 and 7 have been cancelled. Claims 12 and 13 have been added. Claims 1, 3-6 and 8-13 remain pending in the application.
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 Objections
Claim 9 is objected to because of the following informalities:
In lines 1-2, “a fold of said opening edge which is formed in said closed position of said outlet section” should be --a fold of said opening edge folded at least one into the collection bag, which is formed in said closed position of said outlet section,--, and
In line 3, “a flat bar” should be --each of said flat bars--.
Appropriate correction is required.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1, 3-5 and 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over Aiyama et al. (US 4,299,605 A, hereinafter Aiyama) in view of Kidd (US 4,126,986 A), Nakamura (US 5,863,131 A), Murray (US 9,668,910 B2) and Heismann (US 4,344,274 A).
Regarding claim 1, Aiyama teaches a collection bag for receiving a collected material for a hand-held work apparatus, the collection bag comprising:
a cloth (4) defining a receiving space (1);
said cloth being at least partially air-permeable (column 2 lines 13-16);
said receiving space having an inlet opening (5) for an air flow supplying the collected material and a closable emptying opening (6) for removing the collected material (FIG. 2-3) (column 1 line 52-column 2 line 34 and FIG. 1-3).
Aiyama fails to teach the at least partially air-permeable cloth being woven. Kidd teaches an analogous collection bag for receiving a collected material form a work apparatus, wherein the collection bag comprises a cloth defining a receiving space, and wherein the cloth is at least partially air-permeable. Kidd further teaches that air-permeable cloths are known in the prior art to include woven fabrics (column 5 lines 36-42).
Accordingly, one having ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to modify Aiyama by forming the at least partially air-permeable cloth from a woven fabric, as taught or suggested by Kidd, as it has been shown in the prior art to be a well-known and common at least partially air-permeable cloth and as it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice.
Aiyama also fails to teach said receiving space opening into an outlet section having an open end forming said emptying opening, wherein said outlet section is configured in a closed position to close said receiving space and in an open position to connect said receiving space to surroundings, wherein said outlet section is configured such that in said open position said outlet section protrudes from the collection bag and in said closed position said outlet section is located inside the collection bag, wherein in said closed position of said outlet section, an open edge defining said emptying opening is folded at least once into the collection bag, and wherein said opening edge includes two partial sections which bear against one another in said closed position.
Nakamura teaches a bag having a receiving space and a closable emptying opening (FIG. 1) and further teaches that it is known and desirable in the prior art to configure the receiving space to open into an outlet section (14) having an open end forming said emptying opening, wherein said outlet section is configured in a closed position to close said receiving space (FIG. 3, 6, 7) and in an open position to connect said receiving space to surroundings (FIG. 1, 4), wherein said outlet section is configured such that in said open position said outlet section protrudes from the collection bag and in said closed position said outlet section is located inside the collection bag in order to reliably prevent leakage of contents, wherein in said closed position of said outlet section, an open edge defining said emptying opening is folded at least once into the collection bag (FIG. 6, 7, 10, 20, 22, 24, 26, 32), and wherein said opening edge includes two partial sections which bear against one another in said closed position (FIG. 1, 4, 6, 7, 8, 10, 20, 22, 24, 26, 32) (column 3 line 25-column 9 line 3 and FIG. 1, 3, 4, 6, 7).
Accordingly, one having ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to modify Aiyama by configuring the receiving space to open into an outlet section having an open end forming said emptying opening, wherein said outlet section is configured in a closed position to close said receiving space and in an open position to connect said receiving space to surroundings, wherein said outlet section is configured such that in said open position said outlet section protrudes from the collection bag and in said closed position said outlet section is located inside the collection bag, wherein in said closed position of said outlet section, an open edge defining said emptying opening is folded at least once into the collection bag, and wherein said opening edge includes two partial sections which bear against one another in said closed position, as taught by Nakamura, in order to reliably prevent leakage of the collected material.
Aiyama also fails to teach each of said two partial sections of said opening edge of said outlet section defining said emptying opening being reinforced by a flat bar, wherein each of said flat bars is divided in a longitudinal direction thereof into at least two segments which are mutually separate.
Murray teaches an analogous collecting bag comprising a receiving space having a closable emptying opening, wherein said receiving space opens into an outlet section (24) having an open end (26) forming said emptying opening and wherein an opening edge of said outlet section defines said emptying opening including two partial section which bear against one another in a closed position. Murray further teaches that it is known and desirable in the prior art to provide each of the two partial sections with a flat reinforcing bar (32) in order to reinforce the opening (column 3 line 13-column 5 line 46 and FIG. 2, 3).
Heismann also teaches an analogous collection bag having an emptying opening with an opening edge including two partial sections which bear against one another in a closed position, wherein each of the two partial sections is reinforced by a flat bar (74, 76). Heismann further teaches that it is known and desirable in the prior art to divide (80, 81) each of said flat bars in a longitudinal direction thereof into at least two segments which are mutually separate in order to provide structure while also allowing for flexibility (column 5 lines 4-35 and Fig. 1, 2).
Accordingly, one having ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to modify Aiyama, as modified by Nakamura, by reinforcing each of said two partial sections of said opening edge of said outlet section defining said emptying opening with a flat bar, as taught by Murray, such that each of said flat bars is divided in a longitudinal direction thereof into at least two segments which are mutually separate, as taught by Heismann, in order to provide structure and reinforcement to the emptying opening which also allowing for flexibility.
Regarding claim 3, Aiyama as modified by Kidd, Nakamura, Murray and Heismann teaches the bag of claim 1 above, wherein in said closed position said outlet section is located entirely below a flap (Aiyama: flap 8, Nakamura: FIG. 6, 7, 10, 20, 22, 24, 26, 32) of the collection bag and the collection bag is closed according to a principle of a labyrinth seal (Nakamura: FIG. 6, 7, 10, 20, 22, 24, 26, 32).
Regarding claim 4, Aiyama as modified by Kidd, Nakamura, Murray and Heismann teaches the bag of claim 1 above, wherein said opening edge folded at least once into the collection bag is secured in a folded-in closed position by said outer woven cloth (Aiyama: 8) of the collection bag (Aiyama: FIG. 2, 3).
Regarding claim 5, Aiyama as modified by Kidd, Nakamura, Murray and Heismann teaches the bag of claim 1 above, wherein said closed position of said outlet section is secured by at least one closure element (9, 10) which is held on the collection bag (Aiyama: FIG. 2, 3).
Regarding claim 9, Aiyama as modified by Kidd, Nakamura, Murray and Heismann teaches the bag of claim 5 above, wherein a fold of said opening edge folded at least one into the collection bag, which is formed in said closed position of said outlet section, has a width (B) which corresponds at least to a width (F) of each of said flat bars (FIG. 2, 3).
Regarding claim 10, Aiyama as modified by Kidd, Nakamura, Murray and Heismann teaches the bag of claim 1 above, wherein the work apparatus is capable of being a leaf blower. The claims are directed toward a collection bag, not the work apparatus or a combination of the collection bag and the work apparatus. The specific work apparatus also does not impart any additional structure to the collection bag. Additionally, it has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations and while features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function (see MPEP 2114). In this case, the work apparatus being a leaf blower does not structurally differentiate the claimed collection bag from the prior art collection bag of Aiyama, as modified by Kidd, Nakamura, Murray or Heismann. Accordingly, the work apparatus is of no patentable significance.
Regarding claim 11, Aiyama as modified by Kidd, Nakamura, Murray and Heismann teaches the bag of claim 1 above, wherein said outlet section is configured in said closed position to close said emptying opening (Nakamura: FIG. 6, 7, 10, 20, 22, 24, 26, 32).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Aiyama in view of Kidd, Nakamura, Murray and Heismann, as applied to claim 5 above, and further in view of Scarbrough et al. (US 9,174,787 B2, hereinafter Scarbrough).
Regarding claim 6, Aiyama as modified by Kidd, Nakamura, Murray and Heismann teaches the bag of claim 5 above, wherein said closure element is held on an outer face of said woven cloth (Aiyama: FIG. 2, 3) but fails to teach the closure element being a buckle.
Scarbrough teaches a bag having an opening configured to be closed by folding the opening of the bag at least once, wherein said folded closure is secured in a closed position by an analogous closure element. Scarbrough further teaches that buckles (40, 70) are a common and well-known closure element for securing a folded closure in the closed position (column 3 lines 27-30, column 4 lines 40-56 and FIG. 1, 5, 6).
Accordingly, one having ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to replace the closure element of Aiyama with a buckle, as taught by Scarbrough, as it has been shown in the prior art to be a well-known and common closure element and as the substitution of one known closure element for an alternative known closure element to achieve the equivalent result of securing the closed position would have been obvious and would have yielded predictable results to one skilled in the art.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Aiyama in view of Kidd, Nakamura, Murray and Heismann, as applied to claim 1 above, and further in view of Chambers (US 1,046,970 A).
Regarding claim 8, Aiyama as modified by Kidd and Nakamura teaches the bag of claim 1 above, wherein the bag comprises a flap (8) (Aiyama: Fig. 2, 3) but fails to teach the flap being reinforced by a flat bar, wherein the flat bar defines a longitudinal direction and wherein the flat bar in said longitudinal direction is divided into at least two segments which are mutually separate.
Chambers teaches collection bag having a flap configured to fold over and seal an opening and further teaches that it is known and desirable in the prior art to reinforce the flap with a flat bar, wherein the flat bar defines a longitudinal direction and wherein the flat bar in said longitudinal direction is divided into at least two segments which are mutually separate (page 1 lines 35-94 and Fig. 2).
Accordingly, one having ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to modify Aiyama by reinforcing the flap with a flat bar, wherein the flat bar defines a longitudinal direction and wherein the flat bar in said longitudinal direction is divided into at least two segments which are mutually separate, as taught by Chamber, in order to reinforce the closable emptying opening in the closed position.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Aiyama in view of Kidd, Nakamura and Scarbrough.
Regarding claim 12, Aiyama teaches a collection bag for receiving a collected material for a hand-held work apparatus, the collection bag comprising:
a cloth (4) defining a receiving space (1);
said cloth being at least partially air-permeable (column 2 lines 13-16);
said receiving space having an inlet opening (5) for an air flow supplying the collected material and a closable emptying opening (6) for removing the collected material (FIG. 2-3); and
wherein a closed position of the closable emptying opening is secured by at least one closure element (9, 10) which is held on the collection bag (column 1 line 52-column 2 line 34 and FIG. 1-3).
Aiyama fails to teach the at least partially air-permeable cloth being woven. Kidd teaches an analogous collection bag for receiving a collected material form a work apparatus, wherein the collection bag comprises a cloth defining a receiving space, and wherein the cloth is at least partially air-permeable. Kidd further teaches that air-permeable cloths are known in the prior art to include woven fabrics (column 5 lines 36-42).
Accordingly, one having ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to modify Aiyama by forming the at least partially air-permeable cloth from a woven fabric, as taught or suggested by Kidd, as it has been shown in the prior art to be a well-known and common at least partially air-permeable cloth and as it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice.
Aiyama also fails to teach said receiving space opening into an outlet section having an open end forming said emptying opening, wherein said outlet section is configured in the closed position to close said receiving space and in an open position to connect said receiving space to surroundings, and wherein said outlet section is configured such that in said open position said outlet section protrudes from the collection bag and in said closed position said outlet section is located inside the collection bag and entirely below a flap of the collection bag and the collection bag is closed according to a principle of a labyrinth seal.
Nakamura teaches a bag having a receiving space and a closable emptying opening (FIG. 1) and further teaches that it is known and desirable in the prior art to configure the receiving space to open into an outlet section (14) having an open end forming said emptying opening, wherein said outlet section is configured in a closed position to close said receiving space (FIG. 3, 6, 7) and in an open position to connect said receiving space to surroundings (FIG. 1, 4), wherein said outlet section is configured such that in said open position said outlet section protrudes from the collection bag and in said closed position said outlet section is located inside the collection bag and entirely below a flap of the collection bag and the collection bag is closed according to a principle of a labyrinth seal in order to reliably prevent leakage of contents (column 3 line 25-column 9 line 3 and FIG. 1, 3, 4, 6, 7).
Accordingly, one having ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to modify Aiyama by configuring the receiving space to open into an outlet section having an open end forming said emptying opening, wherein said outlet section is configured in the closed position to close said receiving space and in an open position to connect said receiving space to surroundings, wherein said outlet section is configured such that in said open position said outlet section protrudes from the collection bag and in said closed position said outlet section is located inside the collection bag and entirely below a flap of the collection bag and the collection bag is closed according to a principle of a labyrinth seal, as taught by Nakamura, in order to reliably prevent leakage of the collected material.
Aiyama also fails to teach the closure element being a buckle. Scarbrough teaches a bag having an opening configured to be closed by folding the opening of the bag at least once, wherein said folded closure is secured in a closed position by an analogous closure element. Scarbrough further teaches that buckles (40, 70) are a common and well-known closure element for securing a folded closure in the closed position (column 3 lines 27-30, column 4 lines 40-56 and FIG. 1, 5, 6).
Accordingly, one having ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to replace the closure element of Aiyama with a buckle, as taught by Scarbrough, as it has been shown in the prior art to be a well-known and common closure element and as the substitution of one known closure element for an alternative known closure element to achieve the equivalent result of securing the closed position would have been obvious and would have yielded predictable results to one skilled in the art.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Aiyama in view of Kidd, Nakamura and Murray.
Regarding claim 13, Aiyama teaches a collection bag for receiving a collected material for a hand-held work apparatus, the collection bag comprising:
a cloth (4) defining a receiving space (1);
said cloth being at least partially air-permeable (column 2 lines 13-16);
said receiving space having an inlet opening (5) for an air flow supplying the collected material and a closable emptying opening (6) for removing the collected material (FIG. 2-3); and
wherein a closed position of the closable emptying opening is secured by at least one closure element (9, 10) which is held on the collection bag (column 1 line 52-column 2 line 34 and FIG. 1-3).
Aiyama fails to teach the at least partially air-permeable cloth being woven. Kidd teaches an analogous collection bag for receiving a collected material form a work apparatus, wherein the collection bag comprises a cloth defining a receiving space, and wherein the cloth is at least partially air-permeable. Kidd further teaches that air-permeable cloths are known in the prior art to include woven fabrics (column 5 lines 36-42).
Accordingly, one having ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to modify Aiyama by forming the at least partially air-permeable cloth from a woven fabric, as taught or suggested by Kidd, as it has been shown in the prior art to be a well-known and common at least partially air-permeable cloth and as it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice.
Aiyama also fails to teach said receiving space opening into an outlet section having an open end forming said emptying opening, wherein said outlet section is configured in a closed position to close said receiving space and in an open position to connect said receiving space to surroundings, wherein said outlet section is configured such that in said open position said outlet section protrudes from the collection bag and in said closed position said outlet section is located inside the collection bag, and wherein in said closed position of said outlet section, an open edge defining said emptying opening is folded at least once into the collection bag.
Nakamura teaches a bag having a receiving space and a closable emptying opening (FIG. 1) and further teaches that it is known and desirable in the prior art to configure the receiving space to open into an outlet section (14) having an open end forming said emptying opening, wherein said outlet section is configured in a closed position to close said receiving space (FIG. 3, 6, 7) and in an open position to connect said receiving space to surroundings (FIG. 1, 4), wherein said outlet section is configured such that in said open position said outlet section protrudes from the collection bag and in said closed position said outlet section is located inside the collection bag, and wherein in said closed position of said outlet section, an open edge defining said emptying opening is folded at least once into the collection bag in order to reliably prevent leakage of contents (column 3 line 25-column 9 line 3 and FIG. 1, 3, 4, 6, 7).
Accordingly, one having ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to modify Aiyama by configuring the receiving space to open into an outlet section having an open end forming said emptying opening, wherein said outlet section is configured in the closed position to close said receiving space and in an open position to connect said receiving space to surroundings, wherein said outlet section is configured such that in said open position said outlet section protrudes from the collection bag and in said closed position said outlet section is located inside the collection bag, and wherein in said closed position of said outlet section, an open edge defining said emptying opening is folded at least once into the collection bag, as taught by Nakamura, in order to reliably prevent leakage of the collected material.
Aiyama also fails to teach said opening edge of said outlet section defining said emptying opening being reinforced by a flat bar, wherein the flat bar is divided in a longitudinal direction thereof into at least two segments which are mutually separate, and wherein a fold of said opening edge which is formed in said closed position of said outlet section has a width (B) which corresponds at least to a width (F) of said flat bar.
Murray teaches an analogous collecting bag comprising a receiving space having a closable emptying opening, wherein said receiving space opens into an outlet section (24) having an open end (26) forming said emptying opening and wherein an opening edge of said outlet section defines said emptying opening. Murray further teaches that it is known and desirable in the prior art to provide the opening edge with a flat reinforcing bar (32) in order to reinforce the opening, wherein said flat bar in a longitudinal direction thereof is divided into at least two mutually separate segments, and wherein a fold of said opening edge which is formed in said closed position of said outlet section has a width (B) which corresponds at least to a width (F) of said flat bar (column 3 line 13- column 5 line 46 and FIG. 2, 3).
Accordingly, one having ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to modify Aiyama, as modified by Nakamura, by reinforcing said opening edge of said outlet section defining said emptying opening with a flat bar, wherein the flat bar is divided in a longitudinal direction thereof into at least two segments which are mutually separate, and wherein a fold of said opening edge which is formed in said closed position of said outlet section has a width (B) which corresponds at least to a width (F) of said flat bar, as taught by Murray, in order to reinforce the emptying opening in the closed position.
Response to Arguments
Applicant's arguments filed December 23, 2025 have been fully considered but they are not persuasive.
Applicant’s argument that none of the cited references show the quoted features of claim 1, is not persuasive.
The prior art applied in the previous rejection of record was not intended to teach the argued limitations as the argued limitations are new limitations not presented in the previously examined claims.
Applicant’s argument that the configuration of claim 12 is not disclosed or otherwise rendered obvious by Aiyama, Kidd, Nakamura and Scarbrough, is not persuasive.
Applicant merely argues that the configuration is not disclosed or obvious over the prior art of Aiyama, Kidd, Nakamura and Scarbrough without further explanation as to how or why the claims and configuration define over the prior art.
Applicant’s argument the reinforcing members 32 of Murray are not divided in their longitudinal direction, is not persuasive.
Claim 13 merely requires “a flat bar…divided in a longitudinal direction thereof into at least two segments which are mutually separate”. Murray discloses two reinforcing members, one attached to each wall (column 4 lines 52-53). Two reinforcing members would mean they are not attached at their ends and therefore divided in a longitudinal direction thereof into at least two segments which are mutually separate.
Conclusion
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 NINA KAY ATTEL whose telephone number is (571)270-3972. The examiner can normally be reached Monday-Friday 7AM-4PM EST.
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/NINA K ATTEL/Examiner, Art Unit 3734
/NATHAN J NEWHOUSE/Supervisory Patent Examiner, Art Unit 3734