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 § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 7 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. It is unclear how the zippers are “non-separating” as the zippers do indeed separate.
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 7 and 17-20 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. In claim 7 it is unclear how the zippers are “non-separating” as the zippers do indeed separate.
In claim 17 it is unclear how the main body includes a “main storage compartment”, and “a storage compartment.” Claim 17 goes on to state “wherein the main body defines a portion of the storage compartment.” It appears that the main storage compartment and “a storage compartment” are the same element.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1-9 and 11-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wang (US 10,653,230).
Regarding claim 1, Wang discloses a storage compartment apparatus comprising: a storage compartment (Fig. 3) defined by a first sidewall, a second sidewall, a back wall, a front wall, a base, and an opening (at 18) opposite the base, the storage compartment including a first region (W1) and a second region (W2) defining at least a portion of an interior of the storage compartment; the first region is configured to be positioned in either an expanded configuration or a collapsed configuration; the second region is configured to be positioned in either an expanded configuration or a collapsed configuration; a first zipper (38) configured to move at least partially between an open position where the first region is movable to the expanded configuration, and a closed position where the first region is moved to the collapsed configuration; and a second zipper (52) configured to move at least partially between an open position where the first region is movable to the expanded configuration, and a closed position where the first region is moved to collapsed configuration. See Figs. 1-4.
Regarding claim 2, the first and second region define at least one compartment. See Figs. 1-4.
Regarding claim 3, the storage compartment apparatus further includes a storage body (at 78). See Fig. 1.
Regarding claim 4, the storage compartment is an expandable compartment on an exterior of the storage body. See Figs. 1-4.
Regarding claim 5, when only the first region is in in the expanded configuration the first region forms a triangular compartment (Fig. 4, top at 38), and wherein when only the second region is in the expanded configuration the second region forms a triangular compartment (Fig. 4, top of 52).
Regarding claim 6, when both the first and second region are in the expanded configuration, the first and second region form a generally rectangular storage compartment. See Figs. 1-4.
Regarding claim 7, the first and second zippers are non-separating zippers. See Figs. 1-2.
Regarding claim 8, a closing arrangement (74) is joined to the storage compartment to vary a size of the opening of the storage compartment. See Fig. 3.
Regarding claim 9, the closing arrangement includes at least one male connector and at least one female connector engageable to the at least one male connector, and wherein one of the at least one male connector or the at least one female connector includes an adjustable length strap to vary the engagement of the at least one male connector and the at least one female connector and the size of the opening. See Figs. 3-4.
Regarding claim 11, the first and second regions are formed, at least partially, of a mesh material. See col. 8, ll. 8-19.
Regarding claim 12, the first and second zippers are joined connected to an intermediate region, wherein the intermediate region is made from a different material than the first and second regions. See col. 55-67.
Regarding claim 13, Wang discloses a storage compartment apparatus comprising: a storage body (at 78); a storage compartment (12, 14) joined to the storage body, the storage compartment configured to expand to vary a holding capacity of an interior of the storage compartment; the storage compartment comprising a first zipper (38), a second zipper (52), and an opening (at 18) to the interior, wherein the first zipper is configured to move to expand a first region (W1) of the storage compartment, wherein the second zipper is configured for moving to expand a second region (W2) of the storage compartment; and wherein an end of the storage compartment defines the opening (at 18). See Figs. 1-4.
Regarding claim 14, wherein the opening is not closed by either the first zipper or the second zipper. See Figs. 1-4.
Regarding claim 15, the storage compartment defines a base (bottom), and the opening is opposite the base. See Figs. 1-4.
Regarding claim 16, the first region is at least partially made from a mesh material, and wherein the second region is at least partially made from a mesh material. See col. 8, ll. 8-19.
Regarding claim 17, Wang discloses a pack that can be carried on one’s back comprising: a main body (10) including a main storage compartment; a storage compartment (12, 14) joined to the main body, wherein the storage compartment is configured to expand to vary a holding capacity of an interior of the storage compartment; the storage compartment comprising a first zipper (38), a second zipper (52), and an opening (at 18) to the interior, wherein the first zipper is configured to move to expand a first region of the storage compartment, wherein the second zipper is configured for moving to expand a second region of the storage compartment; and wherein the main body defines a portion of the storage compartment. See Figs. 1-4.
Regarding claim 18, the storage compartment is defined by a first sidewall, a second sidewall, a back wall, a front wall, a base, and the opening opposite the base, wherein the first region defined by the first sidewall, the front wall, and a first portion of the base; the second region defined by the second sidewall, the back wall, and a second portion of the base. See Figs. 1-4.
Regarding claim 19, the main body defines the back wall of the storage compartment. See Figs. 1-4.
Regarding claim 20, a closing arrangement (74) is joined to the storage compartment to vary a size of the opening of the storage compartment, wherein the closing arrangement includes at least one female connector and at least one male connector engageable to the at least one female connector, and wherein one of the at least one male connector or the at least one female connector includes an adjustable length strap to vary the engagement of the at least one female connector and the at least one male connector and the size of the opening. See Figs. 1-4.
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) 10-12 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Wang as applied above.
Regarding claim 10, it would have been obvious to one having ordinary skill in the art at the time the invention was made to have the first and second zipper form a Z-configuration when each of the first and second region are in the expanded configuration., since there is no invention in merely changing the shape or form of an article without changing its function except in a design patent. See Eskimo Pie Corp. v. Levous et al., 3 USPQ 23.
Additionally, regarding claims 11, 12, and 16, it would have been obvious to one having ordinary skill in the art at the time the invention was made to use various materials including mesh in order to have flexible storage container, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. See In re Leshin, 125 USPQ 416.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached Notice of References Cited.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEREK J BATTISTI whose telephone number is (571)270-5709. The examiner can normally be reached 9:00 am - 5:00 pm M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathan Newhouse can be reached at 571-272-4544. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DEREK J BATTISTI/Primary Examiner, Art Unit 3734