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 .
Claims 1, 7, 9-12, and 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Kuta (WO2009004602) in view of Yu (20190142123) or Myerscough (11033081), and further in view of Michel (FR2622088).
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The main zip fastener 4 comprises a first half portion 67 which is secured to the first bag element 2 around the periphery of the base 10 thereof, and a second half portion 68 which is secured to the side and end walls 48 and 49 of the second bag element 3 around the periphery of the second open mouth 51.
The first bag element 2 comprises a base 10 of a flexible waterproof textile type material which is retained substantially rigidly in the form of a rectangle by a rectangular frame (not shown).
In this embodiment of the invention the second bag element 3 is retained substantially rigid by a framework 52 which may be of any suitable material, but typically would be of a relatively lightweight material, such as, for example, a lightweight plastics or aluminium material.
Kuta teaches a carrying bag assembly comprising: a top bag portion and a bottom bag portion removably attached to the top bag portion (fig. 26), the bottom bag portion and top portion operable as individual carrying bags when separated, a zipper assembly around a part of a perimeter of the top bag portion (at 67) and the bottom bag portion (at 68), allowing for opening the top bag portion relative to the bottom bag portion via a hinge on one side of the soft-sided carrying bag assembly wherein the hinge comprises a second zipper assembly (which is part of the zipper), the second zipper assembly allowing the top bag portion and bottom bag portion to be removably attached, a portion of the perimeter inherently forming a hinge zipper portion, wherein the zipper assembly allows connection about an entire perimeter of the top bag portion and bottom bag portion in a closed position, a fully open position with the slider of the zipper assembly moved to the hinge zipper portion, and a disconnected position with the zipper assembly first zipper side and second zipper sides separated as cited above. Kuta also teaches the bottom bag portion has an interior portion accessible by a closure; the bottom bag portion further comprising wheels and a telescoping handle (86) on an opposite side of the bottom bag portion from the wheels, and the bottom bag having no shoulder straps. Kuta also teaches the bottom bag has an interior portion, wheels (fig. 23) and a telescoping handle (114) on an opposite side of the bottom bag portion from the wheels. Kuta also teaches top bag portion comprises three compartments dividing an internal volume, two compartments formed by dividers extending perpendicularly to a major axis of the top bag portion and accessible by one compartment zipper at 33/94 which extends perpendicularly to the major axis of the top bag portion. Kuta also teaches straps at 41 (which can be used as shoulder straps) on the top bag portion and on a same side of the top bag portion as each compartment zipper (note the zippers at 33/91 extending on the three sides of the top portion and the strap at 41 are on the two sides as the zippers 33/94).
Kuta does not teach a) the zipper assembly has a double row on one lengthwise side of the top such that the zipper assembly has a double row portion on one lengthwise side of the top bag portion and one lengthwise side of the bottom bag portion to create a hinge, b)the bottom bag has a closure, and c) top bag portion comprises three compartments dividing into three compartments formed an approximately equal volume formed by the dividers being spaced equidistantly apart.
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[0019] In one embodiment of the present invention, the fastener 103 may be a zipper. For example, the zipper includes a third row of zipper teeth formed on the first compartment, a fourth row of zipper teeth formed on the second compartment, a first slider coupled to the third row of zipper, and a second slider coupled to the fourth row of zipper. In one aspect of the present invention, a first end portion of the third row of zipper and a second end portion of the third row of zipper overlap such that double rows are formed on the first compartment for a section that is less than 20 cm and greater than 10 cm.
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Yu teaches two peripheral zippers that formed a double row between 10 and 20cm at the hinged area in fig. 1B.
Myerscough also teaches that it is known in the art to provide attachment of two zipper forming a double row in figs. 2 and 3. It would have been obvious to one of ordinary skill in the art before the effective filing date to provide overlapped zipper end portions forming double row as taught by either Yu or Myerscough to provide added strength and/or against leakage.
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Yu teaches that it is known in the art to provide two separable bags each has a closure (note top of 152 has a closure). It would have been obvious to one of ordinary skill in the art before the effective filing date to provide the bottom bag with a closure to enanble one to use the bottom bag as a separate bag when needed.
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Michel teaches that it is known in the art to provide an internal bag with compartment each of the plurality of compartments has an approximately equal volume formed by the dividers being spaced equidistantly apart and each having its own zipper. It would have been obvious to one of ordinary skill in the art before the effective filing date to provide the three compartments with zipperz extending perpendicular to the axis as taught by Michel to enable one to store the desired contents and/or the desired size for each compartment.
Regarding claim 8, note the foot element at 37 comprises the foot element for supporting the device in the standing position as claimed.
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Regarding claim 9, note the closure is a zipper in fig. 2B in Yu.
Regarding claim 10, note portion of the top bag portion is soft-sided as claimed.
Regarding claim 11, note portion of the bottom bag portion hard-sided cited above.
Regarding claim 12, note the top bag portion comprises pocket on an outer face facing the bottom bag portion at 43/20/44/96. Note that “facing bottom” is broad and the flap on the pocket at 43 can be bent to face the bottom portion.
Regarding claim 17, note the bag in Kuti comprises a crescent shape as claimed. In the alternative, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide the bag with compartment of crescent shape to provide the desired shape for the carrying the bag easily.
Regarding claim 18, note at least a portion of the shoulder strap extending above the crescent shaped zippers.
Claims 5, 6, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Kuti rejections, as set forth in paragraph 2, in view of Williams (20210145137) or Perez (D645662).
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Kuti meets all claimed limitations except for the shoulder straps are removable and stowable. Williams teaches that it is known in the art to provide shoulder straps are removable (via removable clip). Perez also teaches that it is known in the art to provide removable shoulder strap on the top of bag in fig. 3 and removable in fig. 4 (claim 18). It would have been obvious to one of ordinary skill in the art to provide the shoulder straps on a same side as the of the top bag portion as each compartment zipper and being removable and stowable as taught by Williams or Perez to enable to put the shoulder strap away when not needed.
Regarding claim 18, note that in Williams the shoulder straps can be flexible and be extended above the zippers.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Kuti rejection, as set forth in paragraph 2, in view of Herrera (2675042) or Sheikh (CA2635328). Herrea or Sheikh teaches that it is known in the art to provide pocket on a divider.
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It would have been obvious to one of ordinary skill in the art to provide pocket on a divider to store additional contents.
Applicant’s arguments with respect to the claims have been considered but are moot because the new ground of rejections.
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.
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TRI M. MAI
Examiner
Art Unit 3733
/TRI M MAI/Primary Examiner, Art Unit 3733