DETAILED ACTION
This is the first Office Action on the merits based on the 18/756,685 application filed on 06/27/2024. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Claims 1-23, as originally filed, are currently pending and considered below.
Claim Objections
Claim 13 is objected to because of the following informalities:
On lines 1-2, “the plurality of panels” should be corrected to ---the plurality of flexible panels---
Claim 15 is objected to because of the following informalities:
On lines 1-2, “the plurality of panels” should be corrected to ---the plurality of flexible panels---
Claim 16 is objected to because of the following informalities:
On lines 1-2, “the top panel” should be corrected to ---the circular top panel ---
Claim 21 is objected to because of the following informalities:
On line 4, “the passages” should be corrected to ---the plurality of passages---
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 12 and 17-18 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 which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 12 recites the limitation "a second opening" in line 4. There is insufficient antecedent basis for this limitation in the claim.
Claim 17 recites the limitation "the closure member" in line 5. There is insufficient antecedent basis for this limitation in the claim. Claim 18 is being rejected as being dependent off of rejected claim 17.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-2 and 10 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Allen (US Patent Pub. No. 2023/0256287; FD: 02/16/2023).
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Regarding claim 1, Allen discloses a bag (Outer housing bag 2; Figure 1) comprising: an outer shell (Planar side panels 42 and edge panel 44; Figure 1) comprising a plurality of flexible panels (Planar side panels 42 and edge panel 44; Figure 1) connected together to define an inner cavity configured to contain a particulate material (i.e., the triangular inner segment bags 4 contain particulate material inside of the bag 2), the outer shell having a first end (i.e., the top side panel 42), a second end (i.e., bottom side panel 42) opposite the first end, and an opening (Outer zipper 54; Figure 3) providing access to the inner cavity; and a tube structure (Central collar tunnel 28; Figure 1) extending through the outer shell from the first end to the second end of the outer shell, the tube structure comprising a first opening in the first end of the outer shell, a second opening in the second end of the outer shell (i.e., the central collar tunnel 28 has a top and bottom opening in the planar side panels 42), and a tube (Bar collar 6; Figure 6) extending through the inner cavity of the outer shell, from the first opening to the second opening (i.e., the collar 6 is inserted into the openings of the tunnel 28; Para. [0042] “The bar collar 6 is removed from the bag 2 and inserted into the central collar tunnel 28 formed at the center of the outer bag 2, between its two planar sides such that its tab 13 passes through the slot 32 in the central tunnel 26.”).
Regarding claim 2, Allen discloses an inner bag (One of segment bags 4; Figure 4) positioned within the inner cavity of the outer shell and having a filling cavity configured to contain the particulate material (i.e., the bags 4 are filled with filler material; Para. [0043]), wherein the inner bag has a top opening and a bottom opening, and the tube extends through the inner bag from the top opening to the bottom opening, and wherein the inner bag is accessible through the opening in the outer shell for filling (i.e., the segment bags 4 are placed within the outer shell/planar side panels 42 through the opening/outer zipper 54).
Regarding claim 10, Allen discloses an inner bag (One of segment bags 4; Figure 4) positioned within the inner cavity of the outer shell and having a filling cavity configured to contain the particulate material (i.e., the bags 4 are filled with filler material; Para. [0043]), wherein the inner bag is accessible through the opening in the outer shell for filling, and wherein the inner bag surrounds at least a portion of the tube structure (i.e., the segment bags 4 are placed within the outer shell/planar side panels 42 through the opening/outer zipper 54).
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 1 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Carrasca (US Patent Pub. No. 2015/0102028; DP: 04/16/2015) in view of Coughlan (US Patent Pub. No. 2021/0346777; DP: 11/11/2021).
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Regarding claim 1, Carrasca discloses a bag (See Figure 8a above) comprising: an outer shell (Bolster 50; Figure 8a) comprising a plurality of flexible panels (i.e., the side panel and the top and bottom panel annotated in Figure 8a above) connected together to define an inner cavity configured to contain a particulate material (i.e., the inner cavity of the bolster 50 can contain particulate material such as buckwheat hulls; Para. [0101] “The bolster may be otherwise filled with cushioning material, such as buckwheat hulls.”), the outer shell having a first end (i.e., the top panel), a second end (i.e., the second panel) opposite the first end; and a tube structure (Hollow channel 52; Figure 8a) extending through the outer shell from the first end to the second end of the outer shell, the tube structure comprising a first opening in the first end of the outer shell, a second opening in the second end of the outer shell (i.e., the hollow channel 52 has two ends that are open), and a tube (Core 1000; Figure 8a) extending through the inner cavity of the outer shell, from the first opening to the second opening (i.e., the tube/core 1000 extends through the hollow channel 52 as seen in Figure 8a; Para. [0101]).
Carrasca does not disclose an opening providing access to the inner cavity.
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Coughlan teaches an analogous bag (Shell 510; Figure 27) comprising an opening (Reclosable opening 99; Figure 27) providing access to the inner cavity (Para. [0135] “FIGS. 26 and 27 illustrate embodiments of a shell 510 configured to hold one or more weighted articles, e.g., a sandbag or other weighted bag 610 configured to be filled with a filler material, including any of the weighted bags 10, 210, 310, 410 shown and described herein.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the bag of Carrasca to have the opening of Coughlan in order to provide an easier outlet/inlet to fill with filler material.
Regarding claim 15, Carrasca in view of Coughlan teaches the outer shell has a cylindrical shape, and the plurality of panels include a circumferential body panel (i.e., refer to the annotations of Figure 8a) forming a circumferential side wall of the cylindrical shape, a circular top panel at the first end of the outer shell, and a circular bottom panel at the second end of the outer shell (i.e., the top, bottom, and circumferential side wall panels are annotated in Figure 8a above).
Allowable Subject Matter
Claims 3-9, 11, 13-14, and 16 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 12 and 17-18 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Claims 19-23 are allowed.
Regarding independent claim 19, none of the prior art of record either alone or in combination teach or suggest all the structural and functional limitations as recited in the claim, and more specifically, a handle assembly engaged with the bag, the handle assembly comprising an enlarged base having a greater width than the tube, positioned at the bottom of the bag, a sleeve connected to the enlarged base and extending at least partially through the tube, and a pin received within the sleeve and secured to the sleeve, the pin having a handle located outside the sleeve and above the top of the bag.
Regarding independent claim 22, none of the prior art of record either alone or in combination teach or suggest all the structural and functional limitations as recited in the claim, and more specifically, a second bag defining a second inner cavity configured to contain a particulate material and having a second top and a second bottom opposite the second top, with a second tube structure defining a second passage extending from the second top to the second bottom, through the second inner cavity; and a rope engaged with the first bag and the second bag, the rope extending through the first passage and the second passage, such that the first bag and the second bag are positioned sequentially along a length of the rope.
The prior art of record Allen (US Patent Pub. No. 2023/0256287; FD: 02/16/2023), Carrasca (US Patent Pub. No. 2015/0102028; DP: 04/16/2015), Coughlan (US Patent Pub. No. 2021/0346777; DP: 11/11/2021), Livingston (US Patent No. 4,802,344; FD: 04/12/1988), Graves (US Patent Ni. 5433637; FD: 06/23/1994), and Magrino (US Patent No. 10,350,474; FD: 07/16/2019) fail to teach or render obvious claims the allowable claims. The Office notes that the prior art of record used within the Office Action contain bags with openings but it would be improper to modify the references further to contain the structure of the handle assembly or the second tube.
Conclusion
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/ANDREW M KOBYLARZ/Examiner, Art Unit 3784