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 .
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: the claims calls out the first and second guide rails and first and second guide rails. The specification calls out for guide rails but does not specifically define what is the first set of guide rails and what is the second set of guide rails as stated in the claims (See para 195).
The disclosure is objected to because of the following informalities:
(Para 195) “guide rails 573,575 and guide slots 569,571” may be “guide rails 569, 571 and guide slots 573, 575”.
Appropriate correction is required.
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.
(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.
Claim 1 is rejected under 35 U.S.C. 102 (a) (1) and (a) (2) as being anticipated by US Patent 5918710 issued to Sher (Here forth “Sher-710”).
Regarding claim 1, Sher-710 discloses a suitcase comprising: a base including: a shell structure that includes a first side and a second side opposite the first side (Fig A of Sher-710), a third side adjacent the first side, and a fourth side opposite the third side (Fig A of Sher-710), wherein the shell structure has a first end and a second end opposite the first end (Fig A of Sher-710); a bottom portion connected to the first end of the shell structure and configured to support the suitcase on a surface (Fig A of Sher-710); an interior void defined by the shell structure and the bottom portion (Fig A of Sher-710, interior void is inherently inside the shell); and a first wheel assembly, wherein the first wheel assembly is attached into a first wheel recess formed in the base (Fig A of Sher-710), and where the first wheel assembly includes a first wheel housing and a first wheel (Fig A of Sher-710, the assembly fits into a first wheel recess on the luggage), wherein the first wheel housing has a rounded portion and a mounting flange (Fig B of Sher-710, the wheeling assembly 40 has rounded portion and mounting flange).
PNG
media_image1.png
704
909
media_image1.png
Greyscale
Fig A- Examiner Annotated Fig 1 of Sher-710
PNG
media_image2.png
344
522
media_image2.png
Greyscale
Fig A- Examiner Annotated Fig 5 of Sher-710
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.
Claims 2-3 and 10 are rejected under 35 U.S.C. 103 as being obvious by Sher-710.
Regarding claim 2, Sher-710 further disclose wherein the first wheel housing includes a plurality of projections oriented on a surface of the first wheel housing (Fig C of Sher-710, a projection/rail 43 is oriented on the surface of the first wheel housing and other projection/rail 53 is oriented in a portion of the wheel recess) that are slid into a first of guide slots of the first wheel recess (Fig C of Sher-710, a first guide slot is in a portion of the recess and other first guide slot is on the first wheel assembly).
PNG
media_image3.png
630
884
media_image3.png
Greyscale
Fig C- Examiner Annotated Fig 2 of Sher-710
Sher-710 does not expressly disclose the following Limitations:
Limitation A: the other first projection is located on the wheel housing instead of the first wheel recess and the other first slot is located in the recess instead of the wheel housing assembly
Sher-710 discloses the claimed invention except for Limitation A, the other first projection is located on the wheel housing instead of the first wheel recess and the other first slot is located in the recess instead of the wheel housing assembly such that the plurality of projections comprise a first plurality of guide rails oriented on a top surface of the rounded portion of the first wheel housing and first plurality of guide slots are within the wheel housing recess. It would have been obvious to one having ordinary skill in the art at the application was filed to swap the locations of the slot and guide rail, since it has been held that reversal of parts of an invention involves only routine skill in the art. In reGazda, 219 F.2d 449, 104 USPQ 400. Please note that in the instant application, the Applicant has not disclosed any criticality for the claimed limitation.
Regarding claim 3, Sher-710 as modified includes all of the limitations including wherein the plurality of projections comprise a first plurality of guide rails oriented on a top surface of the rounded portion of the first wheel housing (See the detailed description of the rejection of claim 2; Fig A-C of Sher-710).
Regarding claim 10, Sher-710 as modified discloses a suitcase comprising: a base comprising: a shell structure that includes a first side and a second side opposite the first side (Fig A of Sher-710), a third side adjacent the first side (Fig A of Sher-710), and a fourth side opposite the third side (Fig A of Sher-710), wherein the shell structure has a first end and a second end opposite the first end (Fig A of Sher-710); a bottom portion connected to the first end of the shell structure and configured to support the suitcase on a surface (Fig A of Sher-710); an interior void defined by the shell structure and the bottom portion (Fig A of Sher-710, interior void is inside the shell); and a first wheel assembly, wherein the first wheel assembly is attached into a first wheel recess formed in the base (Fig A of Sher-710), and where the first wheel assembly includes a first wheel housing and a first wheel (Fig A of Sher-710, the first wheel housing can be seen to include a first wheel), wherein the first wheel housing has a rounded portion and a mounting flange (Fig B-C of Sher-710); and wherein the first wheel housing includes a first plurality of guide rails oriented on an inboard side surface of the first wheel housing (Fig C of Sher-710, a projection/rail 43 is oriented on the surface of the first wheel housing and other projection/rail 53 is oriented in a portion of the wheel recess) that are slid into a first plurality of guide slots of the first wheel recess (Fig C of Sher-710, a first guide slot is in a portion of the recess and other first guide slot is on the first wheel assembly; the first wheel housing includes a second plurality of guide rails oriented on the first wheel housing that are slid into a second plurality of guide slots of the first wheel recess; Sher-710 as modified have the first plurality of guide rails and the first plurality of guide slots along with the second plurality of guide rails and the second plurality of guide slots secure the first wheel assembly in both a lateral direction and a vertical direction).
Sher-710 does not expressly disclose the following Limitations:
Limitation B: the other first projection is located on the wheel housing instead of the first wheel recess and the other first slot is located in the recess instead of the wheel housing assembly
Sher-710 discloses the claimed invention except for Limitation B, the other first projection is located on the wheel housing instead of the first wheel recess and the other first slot is located in the recess instead of the wheel housing assembly such that the plurality of projections comprise a first plurality of guide rails oriented on a top surface of the rounded portion of the first wheel housing and first plurality of guide slots are within the wheel housing recess. It would have been obvious to one having ordinary skill in the art at the application was filed to swap the locations of the slot and guide rail, since it has been held that reversal of parts of an invention involves only routine skill in the art. In reGazda, 219 F.2d 449, 104 USPQ 400. Please note that in the instant application, the Applicant has not disclosed any criticality for the claimed limitation.
Claims 4-8 and 11-16 are rejected under 35 U.S.C. 103 as being obvious by Sher-710 in view of US Patent US Publication 2006/0207848 by Sher (Here forth “Sher-848”).
Regarding claim 4, Sher-710 as modified includes discloses wherein the first wheel housing includes a second [Not taught: plurality] of guide rail[s] oriented on an inboard side surface of the first wheel housing (Fig C of Sher-710, there is one second guide rail located within the wheel recess and one second slot located within the wheel housing assembly; Sher-710 as modified has the first plurality of guide rails and the first plurality of guide slots along with the second plurality of guide rails and the second plurality of guide slots secure the first wheel assembly in both a lateral direction and a vertical direction).
Sher-710 as modified does not expressly disclose the following Limitations:
Limitation C: another second guide rail
Limitation D: the second guide rail is located within the wheel housing assembly and the second guide slot is located within the wheel housing assembly.
Sher-848 discloses a similar suitcase that teaches Limitation C, the first wheel housing includes a other second guide rail oriented on an inboard side surface of the first wheel housing (Fig D of Sher-848).
PNG
media_image4.png
465
585
media_image4.png
Greyscale
Fig D- Examiner Annotated Fig of Sher-848
It would have been obvious to a person having ordinary skill in the art having the teachings of Sher-710 and Sher-848 before them, when the application was filed, to have modified the suitcase of Sher-710 to include another set of second guide rail and second guide slot, as taught by Sher-848, to advantageously aid in quickly aiding the user in guiding the wheel housing assembly into the wheel housing recess.
Sher-710 as modified discloses the claimed invention except for Limitation D, the second projection is located on the wheel housing instead of the second wheel recess and the second slot is located in the recess instead of the wheel housing assembly such that the second plurality of guide rails are slid into a second plurality of guide slots of the first wheel recess with the guide rails both on the housing assembly and guide slots both on the housing recess. It would have been obvious to one having ordinary skill in the art at the application was filed to swap the locations of the slot and guide rail, since it has been held that reversal of parts of an invention involves only routine skill in the art. In reGazda, 219 F.2d 449, 104 USPQ 400. Please note that in the instant application, the Applicant has not disclosed any criticality for the claimed limitation.
Regarding claim 5, Sher-710 as modified includes all of the limitations including wherein the second plurality of guide rails are slid into a second plurality of guide slots of the first wheel recess (See the detailed description of the rejection of claim 4; Fig C of Sher-710 and Fig D of Sher-848).
Regarding claim 6, Sher-710 as modified includes all of the limitations including wherein the first plurality of guide rails and the first plurality of guide slots along with the second plurality of guide rails and the second plurality of guide slots secure the first wheel assembly in both a lateral direction and a vertical direction (See the detailed description of the rejection of claim 4; Fig B and C of Sher-710 and Fig D of Sher-848).
Regarding claim 7, Sher-710 further comprising a second wheel assembly spaced away from the first wheel assembly, wherein the second wheel assembly is attached into a second wheel recess formed in the base, and wherein the second wheel assembly includes a second wheel housing and a second wheel (Fig A of Sher-710).
Regarding claim 8, Sher-710 as modified includes all of the limitations including wherein the second wheel recess includes a second plurality of guide slots that receive a second plurality of guide rails located on a top surface of a rounded portion (Top surface of rounded portion includes the whole rounded portion except for the bottom most surface of the rounded part) of the second wheel housing (See the detailed description of the rejection of claim 3, Fig A-C of Sher-710, the second projections and slots in the second wheel housing and recess are the same as the first rail/projections and slots in the first wheel housing shown).
Regarding claim 13, Sher-710 further discloses further comprising a second wheel assembly spaced away from the first wheel assembly, wherein the second wheel assembly is attached into a second wheel recess formed in the shell structure, and wherein the second wheel assembly includes a second wheel housing and a second wheel (Fig A of Sher-710).
Regarding claim 14, Sher-710 as modified includes all of the limitations including wherein the second wheel recess includes a second plurality of guide slots that receive a second plurality of guide rails located on a top surface of a rounded portion of the second wheel housing (See the detailed description of the rejection of claim 3, Fig A-C of Sher-710, the second projections and slots in the second wheel housing and recess are the same as the first rail/projections and slots in the first wheel housing shown).
Regarding claim 15, Sher-710 further discloses wherein the first wheel assembly is located at an outer edge of the shell structure such that the first wheel housing is exposed on the first side and the third side of the shell structure and the first wheel housing is also exposed on the bottom portion (Fig A of Sher-710, the first wheel housing assembly covers the first side and a small portion extends to the third side).
Regarding claim 16, Sher-710 further discloses wherein the first wheel is mounted on an axle that is aligned with a center of the rounded portion of the first wheel housing (Fig 5 of Sher-710).
Claim 9 is rejected under 35 U.S.C. 103 as being obvious by Sher-710 and Sher-848 in view of US Patent 6148971 issued to Kho (Here forth “Kho”).
Regarding claim 9, Sher-710 as modified does not expressly disclose the following Limitations:
Limitation I: tapered region between wheels; angle of tapered region is within a range of 1 degree to 30 degrees
Kho discloses a similar suitcase that teaches Limitation I, wherein the bottom portion of the base includes a tapered region located between the first wheel assembly and the second wheel assembly (Fig 1 of Kho, and is 17 degrees located between the first and second wheel).
It would have been obvious to a person having ordinary skill in the art having the teachings of Sher-710 as modified and Kho before them, when the application was filed, to have modified the suitcase of Sher-710 to include the concept a tapered base between 1 and 30 degrees, as taught by Kho, to advantageously have good ground clearance when in angled position (Column 2, Para 2).
Claims 17-18 are rejected under 35 U.S.C. 103 as being obvious by Sher-710 in view of US Patent 5813503 issued to Chang (Here forth “Chang”) and US Patent 6769701 issued to Clausen (Here forth “Clausen”).
Regarding claim 17, Sher-710 further discloses a suitcase comprising: a base including: a first shell structure that includes a first side and a second side opposite the first side (Fig A of Sher-710), wherein the first shell structure has a first end and a second end opposite the first end (Fig A of Sher-710); a bottom portion connected to the first end of the first shell structure and configured to support the suitcase on a surface (Fig A of Sher-710); a first interior void defined by the first shell structure and the bottom portion (Fig A of Sher-710, the luggage inherently has an interior void within the shell defined by the shell and bottom portion); and [Not taught: a lid rotatably connected to the base, the lid including: a second shell structure including a third side and a fourth side opposite the third side, wherein the second shell structure having a third end and a fourth end opposite the third end; a top portion connected to the third end of the second shell structure]; and a first wheel assembly, wherein the first wheel assembly is attached into a first wheel recess formed in the base (Fig A of Sher-710 the wheel assembly is attached into a recess within the suitcase), and where the first wheel assembly includes a first wheel housing and a first wheel, wherein the first wheel housing has a rounded portion and a mounting flange (Fig B-C of Sher-710, the mounting flange is the portion around the rounded portion that contains the guide rails); and wherein [Not taught: the first wheel assembly is secured to the base with a single mechanical fastener that extends through an opening in the mounting flange].
Sher-710 does not expressly disclose the following Limitations:
Limitation J: a lid rotatably connected to the base, the lid including: a second shell structure including a third side and a fourth side opposite the third side, wherein the second shell structure having a third end and a fourth end opposite the third end;
Limitation K: the first wheel assembly is secured to the base with a single mechanical fastener that extends through an opening in the mounting flange.
Chang discloses a similar suitcase that teaches Limitation J, a lid rotatably connected to the base (Fig D of Chang), the lid including: a second shell structure including a third side and a fourth side opposite the third side (Fig D of Chang), wherein the second shell structure having a third end and a fourth end opposite the third end; a top portion connected to the third end of the second shell structure (Fig D of Chang).
PNG
media_image5.png
648
658
media_image5.png
Greyscale
Fig D- Examiner Annotated Fig 1 of Chang
It would have been obvious to a person having ordinary skill in the art having the teachings of Sher-710 and Chang before them, when the application was filed, to have modified the suitcase of Sher-710 to include a lid that rotates open, as taught by Chang, to advantageously be able to insert items within the luggage shells that need to be transported.
Clausen teaches a similar suitcase that teaches Limitation K, a top portion connected to the third end of the second shell structure; the first wheel assembly is secured to the base with a single mechanical fastener that extends through an opening in the mounting flange (Fig D of Clausen).
It would have been obvious to a person having ordinary skill in the art having the teachings of Sher-710 as modified and Clausen before them, when the application was filed, to have modified the suitcase of Sher-710 as modified to include a mechanical fastener, as taught by Clausen, to advantageously prevent the wheel housing from coming undone from the suitcase when it is placed under stress/in use.
Regarding claim 18, Sher-710 further discloses wherein the first wheel housing includes a first plurality of guide rails oriented on an inboard side surface of the first wheel housing (Fig C of Sher-710, a projection 43 is oriented on the surface of the first wheel housing and other projection 53 is oriented in a portion of the wheel recess) that are slid into a first plurality of guide slots of the first wheel recess Fig C of Sher-710, a first guide slot is in a portion of the recess and other first guide slot is on the first wheel assembly; the first wheel housing includes a second plurality of guide rails oriented on the first wheel housing that are slid into a second plurality of guide slots of the first wheel recess; Sher-710 as modified have the first plurality of guide rails and the first plurality of guide slots along with the second plurality of guide rails and the second plurality of guide slots secure the first wheel assembly in both a lateral direction and a vertical direction.
Limitation L: the other first projection is located on the wheel housing instead of the first wheel recess and the other first slot is located in the recess instead of the wheel housing assembly
Sher-710 discloses the claimed invention except for Limitation L, the other first projection is located on the wheel housing instead of the first wheel recess and the other first slot is located in the recess instead of the wheel housing assembly such that the plurality of projections comprise a first plurality of guide rails oriented on a top surface of the rounded portion of the first wheel housing and first plurality of guide slots are within the wheel housing recess. It would have been obvious to one having ordinary skill in the art at the application was filed to swap the locations of the slot and guide rail, since it has been held that reversal of parts of an invention involves only routine skill in the art. In reGazda, 219 F.2d 449, 104 USPQ 400. Please note that in the instant application, the Applicant has not disclosed any criticality for the claimed limitation.
Allowable Subject Matter
Claims 11-12 and 19-20 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.
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
Regarding claim 11, US Patent 5918710 issued to Sher as modified does not expressly disclose the following Limitations:
Limitation G: wherein the first wheel housing includes a second [Not taught: plurality] of guide rail[s] oriented on a [Not taught: top surface of the rounded portion] (Top surface of rounded portion includes the whole rounded portion except for the bottom most surface of the rounded part) (See the detailed description of the rejection of claim 10, Fig C of Sher-710) of the first wheel housing that are slid into a second [Not taught: plurality] of guide slot[s] of the first wheel recess (See the detailed description of the rejection of claim 10, Fig C of Sher-710, the projections include guide rails).
Sher-710 as modified does not expressly disclose the following limitations:
Limitation G: another second guide rail and second guide slot
Limitation H: first wheel housing includes a second plurality of guide rails oriented on a top surface of the rounded portion
US Publication 2006/0207848 by Sher discloses a similar suitcase that teaches Limitation G, the first wheel housing includes a other second guide rail oriented on an inboard side surface of the first wheel housing (Fig D of Sher-848); first wheel housing that slid into another second guide slot (Fig D of Sher-848; Sher 710 as modified include the first plurality of guide rails and the first plurality of guide slots along with the second plurality of guide rails and the second plurality of guide slots secure the first wheel assembly in both a lateral direction and a vertical direction).
It would have been obvious to a person having ordinary skill in the art having the teachings of Sher-710 and Sher-848 before them, when the application was filed, to have modified the suitcase of Sher-710 to include another set of second guide rail and second guide slot, as taught by Sher-848, to advantageously aid in quickly aiding the user in guiding the wheel housing assembly into the wheel housing recess.
Sher-710 as modified does not expressly disclose Limitation H wherein the second plurality of guide rails are oriented on a top surface of the rounded portion rather than on the flange portion with slots positioned to receive them in the housing recess.
Regarding claim 19 , US Patent 5918710 issued to Sher further discloses wherein the first wheel housing includes a second [Not taught: plurality] of guide rail[s] oriented on [Not taught: a top surface of the rounded portion] (Top surface of rounded portion includes the whole rounded portion except for the bottom most surface of the rounded part) of the first wheel housing that are slid into a second [Not taught: plurality] of guide slot[s] of the first wheel recess (Fig B-C of Sher).
Sher-710 as modified does not expressly disclose the following limitations:
Limitation M: another second guide rail
Limitation N: first wheel housing includes a second plurality of guide rails oriented on a top surface of the rounded portion
US Publication 2006/0207848 by Sher discloses a similar suitcase that teaches Limitation M, the first wheel housing includes another second guide rail oriented on an inboard side surface of the first wheel housing (Fig D of Sher-848); first wheel housing that slid into another second guide slot (Fig D of Sher-848; Sher 710 as modified include the first plurality of guide rails and the first plurality of guide slots along with the second plurality of guide rails and the second plurality of guide slots secure the first wheel assembly in both a lateral direction and a vertical direction).
It would have been obvious to a person having ordinary skill in the art having the teachings of Sher-710 as modified and Sher-848 before them, when the application was filed, to have modified the suitcase of Sher-710 to include another set of second guide rail and second guide slot, as taught by Sher-848, to advantageously aid in quickly aiding the user in guiding the wheel housing assembly into the wheel housing recess.
Sher-710 as modified does not expressly disclose Limitation N, wherein the second plurality of guide rails are oriented on a top surface of the rounded portion rather than on the flange portion and fit within slots.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JESSICA KAVINI TAMIL whose telephone number is (571)272-6655. The examiner can normally be reached 7:30am-5:00pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathan Jenness can be reached at 571-270-5055. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JESSICA KAVINI TAMIL/Examiner, Art Unit 3733
/DON M ANDERSON/Primary Examiner, Art Unit 3733