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 .
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.
Claim(s) 1, 3-6, 10-12, and 16-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Stier (US 2,509,537 A) in view of Jakubowski et al. (US 11,006,609 B2)(Jakubowski) and Biedenharn (US 5,445,301 A).
Regarding claim 1, Stier discloses an apparatus comprising, a frame assembly (noting the embodiment of the frame in Figs. 6-8) comprising a first frame member (20) configured to define a first rectangular area, a second frame member (21) configured to define a second rectangular area, and a third frame member (22) configured to define a third rectangular area, wherein the second frame member is rotatably coupled to the first frame member at a first side of the second frame member (noting portions 23, when one set is detached and the other sets loosened will allow rotation between frame members joined by the loosened portions), and wherein the second frame member is rotatably coupled to the third frame member at a second side of the second frame member (Fig. 6), wherein the second side is opposite the first side (noting the sides of 22 facing generally out of the page, and the side facing into the page), wherein the frame assembly is configured to define a triangular prism shape when the frame assembly is configured in a first configuration (Fig. 6) and is configured to collapse when the frame assembly is configured in a second configuration (noting the collapsed or knockdown condition, Col. 3; Ll. 34-39); and a flexible shell constructed of a fabric material (Col. 1; Ll. 26-30), the flexible shell comprising an exterior surface and an interior area, wherein the frame assembly is configured to be housed in the interior area of the flexible shell (Figs. 1-4; and Col. 3; Ll. 54-61), wherein a first side of the first frame member and a first side of the third frame member are selectively in contact with a first surface of the interior area of the flexible shell when the frame assembly is configured in the first configuration (Fig. 4), wherein the flexible shell comprises a front panel (12) and a zippered closure configured to selectively open and close the front panel to expose the interior area (Col. 2; Ll. 36-46).
Stier discloses the frame (Figs. 6-8) is collapsable but does not specifically note that it folds flat.
Jakubowski demonstrates a similar collapsible frame i.e. three rectangular frame portions (32/34/36) that are rotatable relative to one another that collapses to a folded flat configuration (Fig. 3).
It would have been obvious to one having ordinary skill in the art before the effective filing date to take the device of Stier and configure it such that in a collapsed condition the device is folded flat because such a change would allow the device to fold into a maximally collapsed condition, thereby taking up a minim amount of space when collapsed as demonstrated by Jakubowski.
Modified Stier does not specifically disclose wherein an interior surface of the flexible shell comprises one or more straps disposed thereon, or selective coupling comprises at least one frame attachment portion disposed on the first surface of the interior area, the at least one frame attachment portion comprising a hook-and-loop closure configured to wrap around and secure a bottom portion of the frame assembly, and wherein the hook-and-loop closure is releasable to permit the frame assembly to fold flat in the second configuration.
Biedenharn demonstrates a backpack and stool combination including a flexible shell and a frame disposed inside of the flexible shell, the interior walls of the shell include frame attachment portions (27) in the form of straps comprising a hook-and-loop closure (Col. 4; Ll. 32-45) configured to wrap around and secure a bottom portion of the frame assembly (Fig. 1), and wherein the hook-and-loop closure is releasable.
It would have been obvious to one having ordinary skill in the art before the effective filing date to take the modified device of Stier and use the teaching of Biedenharn and include attachments between the frame members and inner surfaces of the flexible shell that they contact in a first configuration because such a change would help to ensure that the frame portions and the flexible shell remain in a desired position relative to one another and maintains a desired configuration.
Regarding claim 3, modified Stier discloses the flexible shell is configured to be disposed on the first frame member, the second frame member, and the third frame member when the frame assembly is configured in the first configuration (Figs. 1 and 4).
Regarding claim 4, modified Stier discloses the second side of the second frame member and a second side of the third frame member are selectively coupled to a second surface of the interior area of the flexible shell when the frame assembly is configured in the first configuration (as per the combination above).
Regarding claim 5, modified Stier discloses the first side of the first frame member and the first side of the third frame member are selectively removed from the first surface of the interior area of the flexible shell when the frame assembly is configured in the second configuration (noting the transition to a collapsed configuration).
Regarding claim 6, modified Stier discloses the flexible shell is collapsible when the frame assembly is configured in the second configuration (noting the shell is flexible fabric).
Regarding claim 10, Stier discloses an apparatus (Figs. 1-8) comprising a frame assembly (noting the embodiment of the frame of Figs. 6-8) configured to be selectively configured between a first configuration (Fig. 6) and a second configuration (Col. 3; Ll. 36-39), wherein the frame assembly is configured in a triangular prism shape when configured in the first configuration (Fig. 6), and wherein the frame assembly is configured to collapse when configured in the second configuration; and a flexible shell constructed of a fabric material (Col. 1; Ll. 26-30), wherein the flexible shell is configured to be disposed on all lateral edges of the frame assembly when the frame assembly is configured in the first configuration (Fig. 3), wherein the flexible shell comprises a front panel (12) and a zippered closure configured to selectively open and close the front panel to expose the interior area (Col. 2; Ll. 36-46).
Stier discloses the frame (Figs. 6-8) is collapsable but does not specifically note that it folds flat.
Jakubowski demonstrates a similar collapsible frame i.e. three rectangular frame portions (32/34/36) that are rotatable relative to one another that collapses to a folded flat configuration (Fig. 3).
It would have been obvious to one having ordinary skill in the art before the effective filing date to take the device of Stier and configure it such that in a collapsed condition the device is folded flat because such a change would allow the device to fold into a maximally collapsed condition, thereby taking up a minim amount of space when collapsed as demonstrated by Jakubowski.
Modified Stier does not specifically disclose wherein an interior surface of the flexible shell comprises one or more straps disposed thereon, or selective coupling comprises at least one frame attachment portion disposed on the first surface of the interior area, the at least one frame attachment portion comprising a hook-and-loop closure configured to wrap around and secure a bottom portion of the frame assembly, and wherein the hook-and-loop closure is releasable to permit the frame assembly to fold flat in the second configuration.
Biedenharn demonstrates a backpack and stool combination including a flexible shell and a frame disposed inside of the flexible shell, the interior walls of the shell include frame attachment portions (27) in the form of straps comprising a hook-and-loop closure (Col. 4; Ll. 32-45) configured to wrap around and secure a bottom portion of the frame assembly (Fig. 1), and wherein the hook-and-loop closure is releasable.
It would have been obvious to one having ordinary skill in the art before the effective filing date to take the modified device of Stier and use the teaching of Biedenharn and include attachments between the frame members and inner surfaces of the flexible shell that they contact in a first configuration because such a change would help to ensure that the frame portions and the flexible shell remain in a desired position relative to one another and maintains a desired configuration.
Regarding claim 11, modified Stier discloses the flexible shell is collapsible when the frame assembly is configured in the second configuration (noting the shell is flexible fabric).
Regarding claim 12, modified Stier discloses the flexible shell comprises a zippered portion configured to selectively expose and conceal an internal area of the flexible shell (Col. 2; Ll. 36-46).
Regarding claim 16, Stier discloses an apparatus (Figs. 1-8) comprising: a frame assembly (Figs. 6-8) configured to be selectively configured between a first configuration (Fig. 6) and a second configuration, wherein the frame assembly is configured in a triangular prism shape when configured in the first configuration, and wherein the frame assembly is configured to collapse when configured in the second configuration (Col. 3; Ll. 34-39) and a flexible shell constructed of a fabric material (Col. 1; Ll. 26-30), the flexible shell comprising an exterior surface and an internal area, wherein the frame assembly is selectively housed in the internal area of the flexible shell (Fig. 3), wherein the frame assembly is selectively contacts at least one surface of the internal area of the flexible shell when the frame assembly is configured in the first configuration (Fig. 3), and wherein the frame assembly is selectively separated from the at least one surface of the internal area of the flexible shell when the frame assembly is configured in the second configuration, wherein the flexible shell comprises a front panel (12) and a zippered closure configured to selectively open and close the front panel to expose the interior area (Col. 2; Ll. 36-46).
Stier discloses the frame (Figs. 6-8) is collapsable but does not specifically note that it folds flat.
Jakubowski demonstrates a similar collapsible frame i.e. three rectangular frame portions (32/34/36) that are rotatable relative to one another that collapses to a folded flat configuration (Fig. 3).
It would have been obvious to one having ordinary skill in the art before the effective filing date to take the device of Stier and configure it such that in a collapsed condition the device is folded flat because such a change would allow the device to fold into a maximally collapsed condition, thereby taking up a minim amount of space when collapsed as demonstrated by Jakubowski.
Modified Stier does not specifically disclose wherein an interior surface of the flexible shell comprises one or more straps disposed thereon, or selective coupling comprises at least one frame attachment portion disposed on the first surface of the interior area, the at least one frame attachment portion comprising a hook-and-loop closure configured to wrap around and secure a bottom portion of the frame assembly, and wherein the hook-and-loop closure is releasable to permit the frame assembly to fold flat in the second configuration.
Biedenharn demonstrates a backpack and stool combination including a flexible shell and a frame disposed inside of the flexible shell, the interior walls of the shell include frame attachment portions (27) in the form of straps comprising a hook-and-loop closure (Col. 4; Ll. 32-45) configured to wrap around and secure a bottom portion of the frame assembly (Fig. 1), and wherein the hook-and-loop closure is releasable.
It would have been obvious to one having ordinary skill in the art before the effective filing date to take the modified device of Stier and use the teaching of Biedenharn and include attachments between the frame members and inner surfaces of the flexible shell that they contact in a first configuration because such a change would help to ensure that the frame portions and the flexible shell remain in a desired position relative to one another and maintains a desired configuration.
Regarding claim 17, modified Stier discloses the flexible shell is collapsible when the frame assembly is configured in the second configuration (noting the shell is flexible fabric).
Claim(s) 7, 13, and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Stier (US 2,509,537 A) in view of Jakubowski et al. (US 11,006,609 B2)(Jakubowski) and Bildenharn (US 5,445,301 A) as applied to claims 1, 10 and 16 above, and further in view of Kullmann (DE 19600573 A1).
Regarding claims 7, 13, and 18, modified Stier does not specifically disclose a fabric mat coupled to a surface of the flexible shell, the flexible shell comprises at least one pocket disposed on an exterior surface of the flexible shell.
Kullmann demonstrates a similar device including a backpack shell having a fabric meet coupled to a surface of the flexible shell (6/9/10/11/12) to form a deployable seat.
It would have been obvious to one having ordinary skill in the art before the effective filing date to take the modified device of Stier and include a deployable mat on which a user can sit in order to improve the comfort and allow the user to sit thereon when a user is leaning against the bag and using is as a back rest, as demonstrated by Kullmann.
Claim(s) 8-9, 14-15 and 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Stier (US 2,509,537 A) in view of Jakubowski et al. (US 11,006,609 B2)(Jakubowski), Bildenharn (US 5,445,301 A), and Kullmann (DE 19600573 A1) as applied to claims 7, 13, and 18 above, and further in view of Sneider (US 4,154,323 A).
Regarding claims 8-9, 14-15 and 19-20 modified Stier and specifically Kullmann discloses the flexible shell comprises at least one pocket (8, formed by 9 and 9’ and closure 7) disposed on an exterior surface of the flexible shell adjacent to the front panel, and wherein a first side of the fabric mat is coupled to a surface of the at least one pocket (Fig. 2), the fabric mat is configured to be selectively stored in and removed from the at least one pocket, and wherein, when the fabric mat is coupled to the surface of the at least one pocket and a user's body weight is applied against the fabric mat on a ground surface, the secure interface between the fabric mat and the surface of the at least one pocket inhibits the apparatus from sliding on the ground surface (noting the user’s weight will press the mat against the ground).
Modified Stier does not specifically disclose the mat is coupled via a zipper.
Sneider demonstrates a bag including a deployable mat whereby the mat that may be permanently attached to the bag, or removably attached to the bag via a zipper or other known fasteners (Col. 2; Ll. 10-20).
It would have been obvious to one having ordinary skill in the art before the effective filing date to take the modified device of Stier and use the teaching of Sneider and attach the fabric mat via zipper because such a change would have required the mere choice of one known suitable attachment structure for another and would have yielded predictable results.
Response to Arguments
Applicant's arguments filed 5 February 2026 have been fully considered but they are not persuasive.
Applicant’s arguments with respect to rejections in view of the Spencer and Zion references have been considered but are moot in view of the new grounds of rejection.
Examiner notes that Stier demonstrates the flexible shell comprises a front panel (12) and a zippered closure configured to selectively open and close the front panel to expose the interior area (Col. 2; Ll. 36-46).
Conclusion
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW T THEIS whose telephone number is 571-270-5700. The examiner can normally be reached 7:00 am - 5:00 pm Monday - Thursday.
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/M.T.T./ Examiner, Art Unit 3734
/NATHAN J NEWHOUSE/ Supervisory Patent Examiner, Art Unit 3734
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