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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 01/22/2026 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 4-5, filed January 22nd, 2026, with respect to the claim rejections under 35 U.S.C. §103 have been considered.
Response to Amendment
This office action is in response to the amendments and / or remarks filed on January 22nd, 2026. Claims 4-5 have been cancelled. Claims 1-3 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 1-2 are rejected under 35 U.S.C. 103 as being unpatentable over Jackson (US 20070256994 A1), in view of McKelvey (US 20180289127 A1).
Regarding Claim 1, Jackson teaches a luggage system (10) comprising: a housing (12) formed from two halves (wherein luggage housing 12 is divided into halves by zipper 19) creating an opening for an interior space (wherein panel 12f exposes an interior space); a handle element (40) connected to a pair of telescoping legs (30, 34) configured to extend up and out (through zippered opening 19) of said housing (10); said handle element (40) comprising at least one clothes hanger element receiver (40d, 40e) located on an upper face (wherein endcaps 40d and 40e extend above extendable receiving arms 40b and 40c) of said handle element (40), said at least one clothes-hanger element receiver (40d, 40e) configured to prevent a clothes-hanger element (5 in Annotated Figure 3 below) from sliding off (wherein the raised endcaps can prevent the clothes-hangers from sliding off the extendable receiving arms 40b and 40c) of said handle (40); and said handle element (40) configured to hold clothing items (6 in Annotated Figure 3 below) on said clothes-hanger element (5 in Annotated Figure 3 below) above said housing (12) of the luggage system (10). (Figs. 1-3; [0008]-[0010], [0017]-[0019])
Jackson does not teach said clothes-hanger element receiver comprising a recess within said handle element such that said recess sits below a top face of said handle element, said recess comprising a pair of sides configured to retain said clothes-hanger element within said recess, or wherein each respective one of said pair of sides comprises a shape selected from the shapes comprising: a vertical wall, an upwardly-angled wall formed from a triangular-shaped ridge, and a concave wall formed from a crescent-shaped ridge.
McKelvey further teaches a clothes-hanger element receiver (4) comprising a recess (30 in Annotated Figure 4 below) within said handle element (wherein the receiver functions as a handle in Figure 4) such that said recess sits below a top face (28) of said handle element (4), said recess comprising a pair of sides (24, 28) configured to retain said clothes-hanger element (46) within said recess (30 in Annotated Figure 4 below), wherein each respective one of said pair of sides (24, 28) comprises a shape selected from the shapes comprising: a vertical wall, an upwardly-angled wall formed from a triangular-shaped ridge, and a concave wall formed from a crescent-shaped ridge (indicated at 31 in Annotated Figure 4 below). (Figs. 1-4; [0014]-[0015])
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 garment suitcase as taught by Jackson, and provide for a pair of hanger receivers positioned below the top of the handle surface in a crescent shape as taught by McKelvey. 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 pair of handle receivers recessed beneath the top of the handle in a crescent shape, in order for the handle to securely stow clothes-hangers on the luggage.
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Regarding Claim 2, Jackson, modified above, teaches all of the elements of the invention described in claim 1 above;
Jackson further teaches wherein said housing (12) comprises a rigid material (wherein Jackson teaches “. For example, one or more of the walls 12a-12f could consist of ballistic nylon, cloth, leather, or other similar material Surrounding a frame consisting of a rigid material. Such as metal.”) (Figs. 1-3; [0010])
Claim 3, is rejected under 35 U.S.C. 103 as being unpatentable over Jackson (US 20070256994 A1), in view of McKelvey (US 20180289127 A1), and further in view of Liu (CN 217658518 U).
Regarding Claim 3, Jackson, modified above, teaches all of the elements of the invention described in claim 1 above;
Jackson further teaches a second handle (18) located in proximity with a face (12c) of one of said two halves of said housing (wherein luggage housing 12 is divided into halves by zipper 19); and said second handle (18) configured for pulling said housing about casters (16) affixed to said housing (12). (Figs. 1-3; [0008])
Jackson is silent regarding said second handle comprising a second pair of telescoping legs configured to allow said second handle to be extended from within said housing.
Liu further teaches luggage (10) with a second handle (22) comprising a second pair of telescoping legs (21) configured to allow said second handle (22) to be extended from within a housing (10). (Figs. 1-2; [0030])
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 garment suitcase as taught by Jackson, modified above, and provide for a pair of telescoping legs on a second handle as taught by Liu. 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 second handle having a pair of telescoping legs, in order to provide the user with a stable pull handle for maneuvering the luggage.
Conclusion
The prior art made of record and not relied upon is considered pertinent to the applicant’s disclosure.
Yong (KR 20180122187 A), teaches luggage with a ridged handle.
McKelvey et al. (US 20220167719 A1), teaches a luggage system with a clothing rack.
Ludwig (DE 102020002553 A1), teaches a luggage with grooves for hangers.
Wieclaw (US 10905214 B1), teaches a clothing container and rack.
Graham et al. (US 10383415 B1), teaches a travel bag with a clothing rack.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUSTIN R CAUDILL whose telephone number is (303)297-4349. The examiner can normally be reached on Monday-Friday 8:30-5:30 MT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, NATHAN JENNESS can be reached on (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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/JUSTIN CAUDILL/Examiner, Art Unit 3733
/DON M ANDERSON/Primary Examiner, Art Unit 3733