DETAILED ACTION
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 .
Election/Restrictions
Applicant’s election without traverse of Species 1, Figs. 1A-2F and Claims 1-15 in the reply filed on 11/19/2025 is acknowledged.
Claim Objections
Claims 1, 3, 5, 12, 13, 14 and 18 are objected to because of the following informalities:
Claim 1, line 3 “second shell” should be - - second shells - -.
Claim 1, line 9 “the common edge” should be - - the first common edge - -.
Claim 1, line 14 “the attachment” should be - - an attachment - -.
Claim 1, line 14 “the shell” should be - - the respective shell - -.
Claim 3, line 2 “the shell” should be - - the respective shell - -.
Claim 3, line 3 “the shell” should be - - the respective shell - -.
Claim 5, line 2 “the protective material” should be - - a protective material - -.
Claim 12, line 2 “the respective luggage shell” should be - - the respective shell - -.
Claim 13, line 3 “the respective luggage shell” should be - - the respective shell - -.
Claim 14, line 2 “the respective luggage shell” should be - - the respective shell - -.
Claim 14, line 3 “the luggage shell” should be - - the respective shell - -.
Claim 18, line 2 “the respective luggage shell” should be - - the respective shell - -.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
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 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.
Claims 1-3 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Allen (US Patent No. 7,451,872).
Regarding claim 1, Allen discloses a luggage case comprising:
a first shell and a second shell (see annotated Fig. 14);
a continuous closure assembly selectively joining the first and second shell (see annotated Fig. 14) and comprising:
an elongated strip member associated with each shell, each elongated strip member including a first strip portion and a second strip portion joined along a first common edge (see annotated Fig. 14);
the first strip portion including engagement features along a first edge opposite the common edge, and the first strip portion is attached near an edge of the respective shell between the first edge and the first common edge (see annotated Fig. 14); and
the second strip portion defines an inner edge, the second strip portion extending over at least a portion of a width of the first strip portion to cover the attachment of the first strip portion to the shell (see annotated Fig. 14).
Regarding claim 2, Allen discloses, wherein the first strip portion is attached to the respective shell by a line of stitching (see annotated Fig. 14).
Regarding claim 3, Allen discloses, wherein the second strip portion is free from direct attachment to the shell and can be folded back to expose the attachment of the first strip portion to the shell (see annotated Fig. 14).
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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.
Claims 4-18 are rejected under 35 U.S.C. 103 as being unpatentable over Allen (US Patent No. 7,451,872), in view of Hexels (US Patent No. 6,691,326).
Regarding claim 4, Allen discloses the claimed invention except for the second strip portion includes a protective material.
However, Hexels teaches a protective material (protective layer 7) (see Col. 2, lines 29-49).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use a protective layer from Hexels on the second strip portion from Allen for sealing against ingress of chemical or biological substances but also for gas-impermeability and waterproofness.
Regarding claim 5, the combination of Allen in view of Hexels discloses, wherein the second strip portion is made entirely of the protective material and attached to the first strip portion along the first common edge (can be applied to any surfaces, see Figs. 1-3 and Col. 2, lines 29-49 from Hexels).
Regarding claim 6, the combination of Allen in view of Hexels discloses, wherein the protective material is a thermoplastic material applied to or impregnated into at least part of the second strip portion (polyurethane, see Col. 2, lines 29-49 from Hexels).
Regarding claim 7, the combination of Allen in view of Hexels discloses, wherein a width of the protective material extends partially, or entirely, across a width of the second strip portion (can be applied to any surfaces, see Figs. 1-3 and Col. 2, lines 29-49 from Hexels).
Regarding claim 8, the combination of Allen in view of Hexels discloses, wherein the protective material may be applied to an upper side of the second strip portion (can be applied to any surfaces, see Figs. 1-3 and Col. 2, lines 29-49 from Hexels).
Regarding claim 9, the combination of Allen in view of Hexels discloses, wherein the protective material is applied to or impregnated into at least part of the first strip portion (can be applied to any surfaces, see Figs. 1-3 and Col. 2, lines 29-49 from Hexels).
Regarding claim 10, the combination of Allen in view of Hexels discloses, wherein a width of the protective material extends partially, or entirely, across a width of the first strip portion (can be applied to any surfaces, see Figs. 1-3 and Col. 2, lines 29-49 from Hexels).
Regarding claim 11, the combination of Allen in view of Hexels discloses, wherein the protective material may be applied to or impregnated in at least part of a lower side of the first strip portion (can be applied to any surfaces, see Figs. 1-3 and Col. 2, lines 29-49 from Hexels).
Regarding claim 12, the combination of Allen in view of Hexels discloses, wherein the protective material is positioned between the first strip portion and the respective luggage shell (can be applied to any surfaces, see Figs. 1-3 and Col. 2, lines 29-49 from Hexels).
Regarding claim 13, the combination of Allen in view of Hexels discloses, wherein the protective material defines an edge between the first common edge and the attachment of the first strip portion to the respective luggage shell (can be applied to any surfaces, see Figs. 1-3 and Col. 2, lines 29-49 from Hexels).
Regarding claim 14, the combination of Allen in view of Hexels discloses, wherein the protective material defines an edge between the attachment of the first strip portion to the respective luggage shell and the edge of the luggage shell (can be applied to any surfaces, see Figs. 1-3 and Col. 2, lines 29-49 from Hexels).
Regarding claim 15, the combination of Allen in view of Hexels discloses, wherein the protective material extends over the first common edge (can be applied to any surfaces, see Figs. 1-3 and Col. 2, lines 29-49 from Hexels).
Regarding claim 16, the combination of Allen in view of Hexels discloses, wherein the protective material extends partially or entirely along a length of the second strip portion (can be applied to any surfaces, see Figs. 1-3 and Col. 2, lines 29-49 from Hexels).
Regarding claim 17, the combination of Allen in view of Hexels discloses, wherein the protective material extends partially or entirely along a length of the first strip portion (can be applied to any surfaces, see Figs. 1-3 and Col. 2, lines 29-49 from Hexels).
Regarding claim 18, the combination of Allen in view of Hexels discloses, wherein the protective material defines an edge at the attachment of the first strip portion to the respective luggage shell (can be applied to any surfaces, see Figs. 1-3 and Col. 2, lines 29-49 from Hexels).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LOUIS A MERCADO whose telephone number is (571)270-5388. The examiner can normally be reached Monday - Friday 8:00 am - 5:00 pm.
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/LOUIS A. MERCADO/
Examiner
Art Unit 3677
/JASON W SAN/SPE, Art Unit 3677