Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority date of 04/11/2023 based on 63/458637 is acknowledged.
Claims 7-9, 15-20 are withdrawn from further consideration. Applicant made the election of Group I, directed to the invention a bag system with anchor in Fig. 6 and flap being attached to inner bag, without traverse, in the response dated 7/22/025 is acknowledged.
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 inner bag has a first minor wall, wherein the first flap is attached to the first minor wall; and a second minor wall opposite to the first minor wall, wherein the second flap is attached to the second minor wall in claim 3
The specification is objected to: “a first minor wall”, “a second minor wall” in claim 3 have no antecedent basis in the specification.
Claim Rejections - 35 USC § 112
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 3-5, and 12-15 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.
Claim 3 recites “the inner bag has a first minor wall, wherein the first flap is attached to the first minor wall; and a second minor wall opposite to the first minor wall, wherein the second flap is attached to the second minor wall.” It is unclear where is this feature. Please point out there are the two minor wall and the where the first flap 111 and the second flap attached to these to minor walls in both the specification and the drawings. See drawing objection.
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.
Claim 1, 3, 6, and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Baxter (8251113).
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The handbag 10 may have an outer shell 12, an insert 14 and/or a purse insert 16.
..
(20) Still further, as illustrated in FIG. 1B, a front extension 39 may be attached to the inside of the front wall 18 substantially near the front edge 28, and a back extension 41 may be attached to the inside of the back wall 24 substantially near the back edge 34. The front extension 39 and the back extension 41 may extend along their respective walls from the right edge 30 to the left edge 32. A front fastener 31 may be attached to the unattached edge of the front extension 39, and a back fastener 33 may be attached to the unattached edge of the back extension 41. The front fastener 31 and the back fastener 33 may be a zipper or the like.
..The front strap 47 and the back strap 49 may be removably attached to and/or connected to the outer shell 12.
Baxter teaches a modular bag system, comprising: a primary bag (12) having a first cavity and a top opening; a first flap (39) and a second flap (41) removably coupled with the primary bag; an inner bag (14, 16) removably placed in the first cavity, wherein the first and second flaps are movable between: a first position to substantially cover the top opening and the inner bag and create a gap between the first and second flaps and the primary bag and a second position to reveal the first cavity and the inner bag via zipper 31/33, wherein the first and second flaps can be detachably coupled (via zipper 115) to remain in the first position; and at least one carrying straps 47/49 removably coupled with the primary bag (cited above).
Regarding claim 6, note the plural compartment in fig. 3.
Regarding claim 10, note the steps of: providing a primary bag having a first cavity and a top opening, removably coupling a first flap and a second flap with the primary bag; providing an inner bag configured to be removably placed in the first cavity, wherein the first and second flaps are movable between: a first position to substantially cover the top opening and the inner bag; and a second position to reveal the first cavity and the inner bag; placing the inner bag in the first cavity of the primary bag; and coupling the first and second flaps to keep the first and second flaps in the first position similar to claim 1.
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.
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 2, and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Baxter in view of Lavi (11337499). Baxter meets all claimed limitations except for the fastener disposed a first fastener disposed on the first primary wall and configured to couple with the first flap; and a second fastener disposed on the second primary wall and configured to couple with the second flap. Lavi teaches that it is known in the art to provide removable closure with fastener disposed a first fastener disposed on the first primary wall and configured to couple with the first flap; and a second fastener disposed on the second primary wall and configured to couple with the second flap in fig. 12, and removable closure in fig. 14. It would have been obvious to one of ordinary skill in the art to provide removable closure by having a first fastener disposed on the first primary wall and configured to couple with the first flap; and a second fastener disposed on the second primary wall and configured to couple with the second flap as taught by Lavi to detach the cover when not needed.
Claims 3-4, and 12-14 are rejected under 35 U.S.C. 103 as being unpatentable over Baxter in view of Natasi (6070628). As best understood in view of the 12 matter above, Baxter teaches the zipper 33/31 can be used with other fasteners (“or the like”), an inner bag with flap using magnets that can attached to another inner bag at 96/98 onto 92 . Natasi teaches that it is known in the art to provide magnetic flaps at 30/32.
The flexible frame 92 may be metal. Further, the front magnet 96 of the front panel 86 of the insert 14 and/or the back magnet 98 of the back panel 88 of the insert 14 may be attracted to and/or connected to the flexible frame 92 of the purse insert 16. Moreover, this magnetic attraction may connect the purse insert 16 to the front panel 86 and/or to the back panel 88 to removably secure the purse insert 16 into the insert 14.
It would have been obvious to one of ordinary skill in the art to provide magnetic flap onto flaps 39/41 of Baxter that can attached to the frame 58/64 of the inner bag 14 to keep the flap of bag 12 secured in the opened position.
Regarding claim 12-13, note the steps of attaching the second flap to a second minor wall of the inner bag as taught by Natasi in claims 3-4.
Claims 5, and 14 are rejected under 35 U.S.C. 103 as being unpatentable over the Baxter in view of Natasi rejections, as set forth above, and further in view of Godshaw (9854890). Baxter meets all claimed limitations except for the a flap anchor configured to couple with the flap fastener and maintain the position of the flap fastener. Godshaw teaches that it is known in the art to provide a flap anchor at 41/44a. it would have been obvious to one of ordinary skill in the art to provide a flap anchor to keep the contents secured and/or to prevent theft.
Set II:
Claims 1, 2, 6, 10, and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Martini (WO2013088459) in view of Johnson (9648932).
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Gamble teaches a modular bag system, comprising a primary bag (10) having a first cavity and a top opening a first flap (1in fig. 3) and a second flap (1 fig. 3) removably coupled with the primary bag (via 14 fig. 12); a first position (fig. 1) to substantially cover the top opening and the inner bag and create a gap between the first and second flaps and the primary bag and
a second position (fig. 12 with zipper of bag to open) to reveal the first cavity and the inner bag
wherein the first and second flaps can be detachably coupled (via zipper 115) to remain in the first position; and at least one carrying straps removably coupled with the primary bag (20 or 9). Gamble meets all claimed limitations except for the an inner bag removably placed in the first cavity. Johnson teaches that it is known in the art to provide an inner bag (22/26/90).
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It would have been obvious to one of ordinary skill in the art to provide an inner bag of Johnson to store small items and to enable one to access the small items easily.
Regarding claims 2, and 11, note first and second fasteners 7/14 attached to the flap to the primary bag.
Regarding claim 6, note Johnson teaches the inner bag includes a plurality of compartments.
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TRI M. MAI
Examiner
Art Unit 3733
/TRI M MAI/ Primary Examiner, Art Unit 3733