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 .
The drawings are objected to under 37 CFR 1.83: a) the photographs in figs. 1-3 must be replaced by line drawings, b) fig. 3 is not the exploded view from fig. 1 as described in the specification. The structure in fig. 3 is different from fig. 1. Note the missing of the handle and the recess accommodation at the shell structure and the frame structure 20 for the handle in fig. 1., c). It seems 20 in fig. 5 is not placed in the correct structure, and d) various profiles line are missing from portion 20 in fig. 4.
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 second opening opposite to the first opening.
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 5, and 10-11 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.
Regarding claim 5, the recitation “said first body part and said second body part are structurally substantially identical with each other” is confusing. Note the body parts 16 and 12 are structurally different. Fig. 1 shows 16 is structured for a pull handle and wheels while the structure for 12 is for an opening at 15a. Please explain.
Regarding claim 10, it seems that it is impossible for the structure of the disclosed suitcase to have a second opening in claim 10. Fig. 1 shows 16 is structured for a pull handle and wheels which can not accommodate a second opening opposite to the first opening. See drawing objections above.
Regarding claim 11, similarly, the first body part and the second body part are symmetrically disposed relative to the handle member seems impossible due to the asymmetrical arrangement of the handle/wheels vs the opening on the opposite side in the disclosed embodiment.
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 1-5, 7, 8, and 11-13 are rejected under 35 U.S.C. 103 as being unpatentable over Xu (20150021133) in view of De Lathouwer (EP0790014).
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[0045] Concretely, the upper suitcase body 110' is butted up against the lower suitcase body 120', a lower edge of the upper side walls 111' and an upper edge of the lower side walls 121' are butted to form a contacting line .alpha.. The hard suitcase B00 further includes a circular enclosed strip 140', which covers the contacting line .alpha. and firmly connected with the upper side walls 111' and the lower side walls 121'. Concretely, the circular enclosed strip 140' includes an inner enclosed strip 141' covering the contacting line .alpha. at an inner side of the upper side walls 111' and the lower side walls 121', and an outer enclosed strip 142' covering the contacting line .alpha. at an outer side of the upper side walls 111' and the lower side walls 121', the inner enclosed strip 141' and the outer enclosed strip 142' cover the contacting line .alpha. together. The outer enclosed strip 142', the upper side walls 111' and the inner enclosed strip 141' are firmly connected by machine sewing thread at upper side of the contacting line .alpha.. The outer enclosed strip 142', the lower side walls 121' and the inner enclosed strip 141' are firmly connected by machine sewing thread at lower side of the contacting line .alpha.. These described above can realize firm butt connection between the upper suitcase body 110' and the lower suitcase body 120'.
These mentioned above just are several specific technical solutions about realizing permanently closed connection between the upper suitcase body and the lower suitcase body of the hard suitcase, but the technical solutions of the present invention is not limited to these, the separated upper suitcase body and lower suitcase body can also be connected in a permanently closed manner by means of machine sewing, glue, soldering, and so on.
Concretely, the circular enclosed strip 140'
Regarding claim 1, Xu teaches a suitcase body with a first body part (111’), a second body part (121’) fixedly engaged with said first body part via a first engagement member (142’), a second engagement member fixedly engaged with said first engagement member (via sewing, sewing, glue, soldering). Xu meets all claimed limitations except for the handle member fixedly engaged with and between said first body part and said second body part.
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while the support 21 of the handle 4 is fixed to the frame 10 and to the plate 16 , through the wall 11 of the suitcase
So that said handle 4 is firmly immobilized, when used, in a position parallel to the faces 12 and 12 'of the bag. This piece 41 is fixed directly to the frame 10 while the plate 35 and the shell 32 are fixed, at 38, to the above-mentioned frame 10 as well as to the faces 11 and 12 of the suitcase.
De Lathouer teaches that it is known in the art to provide a handle structure (34+35+4) in fig. 4 comprises various attachment at 38 fixedly attached to the frame structure. It would have been obvious to one of ordinary skill in the art to provide handle of De Lathouer in Xu to enable to carry the device easily.
Regarding claims 2-3, note teaching that the two loops forming 140’ comprises circular enclosed strip. (loop frames 20/22).
Regarding claim 4, note the teaching of adhesive which is the same engagement defined by applicant’s specification. Also, it would have been obvious to one of ordinary skill in the art to use fasteners such as rivet or screw or bolt through the holes 38 of De Lathouer enable the handle of De Lathouer to fixedly connected to the two frame loops and the first and second body parts.
Regarding claim 5, note the first body part and said second body part are structurally substantially identical with each other at fig. 8 in view of the 112 issues above.
Regarding claim 7, note said first engagement member 142’ in Xu includes at least one opening receiving a part of said handle member via 38 and De Lathouwer teaches the openings 38 for fasteners.
Regarding claim 11, note the first body part and the second body part are symmetrically disposed relative to the handle member in fig. 9 in so far understood in view of the 112 issue.
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.
Regarding claim 8, note first engagement member is in one piece.
Regarding claim 11, note the first body part and the second body part are symmetrically disposed relative to the handle member as best understood in view of the 112 issue above.
Regarding claim 12, Xu teaches a suitcase.
Regarding claim 13, note the first cover member 130 pivotally engaged and movable relative to said suitcase body between an opened position in which access to an interior space of said suitcase body through said first opening is allowed and a closed position in fig.8 in which access to said interior space of said suitcase body through said first opening is prevented.
Claims 6, and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Xu in view of Claim 6 are rejected under 35 U.S.C. 103 as being unpatentable over the Xu rejection, as set forth above, and further in view of Chen (CN214499672).
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Regarding claim 6, Chen teaches that it is known in the art to provide a luggage joining connection with a first engagement member (113), a second engagement member (12) fixedly engaged with said first engagement member and out of contact with the two body parts. It would have been obvious to one of ordinary skill in the art to provide the joining structure of Cheng with a second engagement member fixedly engaged with said first engagement member and out of contact with the two body parts as taught by Cheng to provide an alternative joining structure and to provide added security.
Regarding claim 9, Chen teaches that it is known in the art to provide luggage joining connection a first elongate recess (one side of 113) and a second elongate recess (the other side of 113), wherein a part of said first body part 21 is fixedly received within said first elongate recess and wherein a part of said second body part 22 is fixedly received within said second elongate recess and a second engagement at 14. It would have been obvious to one of ordinary skill in the art to provide the joining structure of Cheng with the two recesses for the first and second body parts as taught by Cheng to provide an alternative joining structure and to provide added security.
Claims 10, and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Xu rejection, as set forth above, and further in view of Pearson (782047).
Regarding claims 10 and 14, note the suitcase body in Xu is in the form of an endless loop with a plurality of wall members defining an interior space at 110+120, and having a first opening pivotally engaged and movable relative to said suitcase body between an opened position in which access to said interior space of said suitcase body through said second opening is allowed and a closed position in which access to said interior space of said suitcase body through said second opening is prevented. Xu does not teach a second opening. Pearson teaches that it is known in the art to provide a suitcase structure with second opening. It would have been obvious to one of ordinary skill in the art to provide a suitcase structure with second opening similar to the first opening of Xu as taught by Pearson to enable one to access the contents easily.
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TRI M. MAI
Examiner
Art Unit 3733
/TRI M MAI/Primary Examiner, Art Unit 3733