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 .
Response to Amendment
The amendment filed 5/26/2026 has been entered. Claims 1, 7-17, and 21-26 remain pending in the application. New claims 21-26 has been added to the application.
Response to Arguments
Applicant's arguments filed 5/26/2026, regarding the 35 USC 103 rejections of Claims 1, 7-17, and 21-26 have been fully considered but they are not persuasive for these reasons:
Regarding Applicant’s assertion that the combination of Sher-710 and Sher-848 do not teach the first elongated guide rail on the top surface of a rounded portion (Page 13-14), the examiner disagrees, pointing out that as seen in the updated Figures of Sher-710 and Sher-848 below, the portions pointed out as guide rails are tracks that direct the positioning of the wheel housing.
Regarding Applicant’s assertion the Sher-710 as modified does not teach the first and second guide rails and guide slots secure the first wheel assembly in the lateral and vertical direction (Page 13), the examiner disagrees, pointing out that Examiner Annotated Fig 2 of Sher-210 points to guide rails and slots that directs the movement and positioning of the wheel housing.
Regarding Applicant’s assertion the in Sher-710 the castor frame 41 is not received into a recess formed in the base or shell and that this is a multicomponent arrangement that requires additional separate components (Page 13), the examiner points out that although there are multiple components that form the wheel housing and recess portions, they are collectively all part of the forming of the recess and housing that allows both to receive each other.
Applicant's arguments filed 5/26/2026, regarding the 35 USC 103 rejections of Claims 10 and 12-16 have been fully considered and are persuasive for these reasons:
Regarding Applicant’s assertion regarding amendments made to claim 10 regarding the third elongated rail located on the rounded portion (Page 14-15), the examiner agrees and these claim are now allowable as there is no prior art with a third elongated rail located on the rounded portion.
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 1, 7-8, 23, and 26 is rejected under 35 U.S.C. 103 as being obvious over US Patent 5918710 issued to Sher (Here forth “Sher-710”) in view of US Publication 2006/0207848 by Sher (Here forth “Sher-848”).
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 (Examiner Annotated Fig 1 of Sher-710), a third side adjacent the first side, and a fourth side opposite the third side (Examiner Annotated Fig 1 of Sher-710), wherein the shell structure has a first end and a second end opposite the first end (Examiner Annotated Fig 1 of Sher-710);
a bottom portion connected to the first end of the shell structure and configured to support the suitcase on a surface (Examiner Annotated Fig 1 of Sher-710);
an interior void defined by the shell structure and the bottom portion (Examiner Annotated Fig 1 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 (Examiner Annotated Fig 2 of Sher-710), and where the first wheel assembly includes a first wheel housing and a first wheel (Examiner Annotated Fig 1 of Sher-710, the assembly fits into a recess on the luggage), wherein the first wheel housing comprises a rounded portion, an inboard side surface adjacent to the rounded portion, and a mounting flange, wherein the inboard side surface extend between the rounded portion and the mounting flange: (Examiner Annotated Fig 5 of Sher-710, the wheeling assembly 40 has rounded portion and mounting flange, the inboard surface is on the side facing the wheel);
wherein the first wheel housing further comprises a first elongated guide rail located on a top surface of the rounded portion (Examiner Annotated Fig 2 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 is slidably engaged with a first guide slot of the first wheel recess (Examiner Annotated Fig 2 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) and [Not taught: a second guide rail located on the inboard side surface of the first wheel housing that is slidably engaged with a second guide slot of the first wheel recess]; and
wherein the first elongated guide rail and the first guide slot along with [Not taught: the second guide rail and the second guide slot] secure the first wheel assembly in both a lateral direction and a vertical direction when looking at a rear view of the suitcase (Examiner Annotated Fig 5 of Sher-710; Sher-710 as modified has the first plurality of guide rails and the first plurality of guide slots secure the first wheel assembly in both a lateral direction and a vertical direction).
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Examiner Annotated Fig 1 of Sher-710
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Examiner Annotated Fig 5 of Sher-710
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Examiner Annotated Fig 2 of Sher-710
Sher-710 does not expressly disclose a second guide rail on the inboard side.
Sher-848 discloses a similar suitcase that teaches a second guide rail located on the inboard side surface of the first wheel housing that is slidably engaged with a second guide slot of the first wheel recess (Examiner Annotated Fig 3 of Sher-848); the second guide rail and the second guide slot secure the first wheel assembly in both a lateral direction and a vertical direction when looking at a rear view of the suitcase (Examiner Annotated Fig 3 of Sher-848; 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).
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Examiner Annotated Fig 3 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 a 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.
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 (Examiner Annotated Fig 2 of Sher-710).
Regarding claim 8, Sher-710 further discloses wherein the second wheel recess includes a guide slot that receives an elongated guide rail 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; Examiner Annotated Fig 2 of Sher-710, first guide rail) of the second wheel housing (Examiner Annotated Fig 1 and 2 of Sher-710 the slots and rails in the first housing are the same as the ones in the second housing).
Regarding claim 23, Sher-710 further discloses wherein the first elongated guide rail includes a first portion extending upward from the top surface and a second portion extending from an upper edge of the first portion, wherein the second portion extends in a different direction than the first portion (Examiner Annotated Fig 1 of Sher-710, first portion extends upward and its lower end attached to the second portion that extends downward).
Regarding claim 26, Sher-710 further discloses wherein the first elongated guide rail connects to a rear surface of the mounting flange (Examiner Annotated Fig 1 and 5 of Sher-710 the first guide rail is attached to the mounting flange and is therefore connected to the rear surface of the mounting flange).
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 a 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 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).
Claim 17 is rejected under 35 U.S.C. 103 as being obvious by Sher-710 and Sher-848 in view of US Patent 5813503 issued to Chang (Here forth “Chang”).
Regarding claim 17, Sher-710 as modified does not expressly discloses a suitcase comprising: a lid rotatably connected to the base.
Chang discloses a similar suitcase that teaches a lid rotatably connected to the base (Examiner Annotated Fig 1 of Chang).
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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.
Claims 21-22 are rejected under 35 U.S.C. 103 as being obvious by Sher-710 and Sher-848 in view of US Patent 6769701 issued to Clausen.
Regarding claim 21, Sher-710 does not expressly disclose a single mechanical fastener extending through mouth of the flange
Clausen teaches a similar suitcase that teaches wherein the first wheel assembly is secured to the base with a single mechanical fastener that extends through an opening in the mounting flange, wherein the opening is located inboard of the first wheel (Fig 4 of Clausen, a fastener can pass through hole 96; when laying on the first side, the opening that receives the single mechanical fastener is positioned above the second guide rail).
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 22, Sher-710 as modified includes wherein the opening that receives the single mechanical fastener is positioned above the second guide rail (See the detailed description of the rejection of claim 1; Fig 4 of Clausen, a fastener can pass through hole 96; when laying on the first side, the opening that receives the single mechanical fastener is positioned above the second guide rail).
Allowable Subject Matter
Claims 10-16 are allowed.
Regarding claim 10, US Patent 5918710 issued to Sher discloses a suitcase comprising:
a base comprising:
a shell structure that includes a first side and a second side opposite the first side (Examiner Annotated Fig 1 of Sher-710), a third side adjacent the first side (Examiner Annotated Fig 1 of Sher-710), and a fourth side opposite the third side (Examiner Annotated Fig 1 of Sher-710), wherein the shell structure has a first end and a second end opposite the first end (Examiner Annotated Fig 1 of Sher-710);
a bottom portion connected to the first end of the shell structure and configured to support the suitcase on a surface (Examiner Annotated Fig 1 of Sher-710);
an interior void defined by the shell structure and the bottom portion (Examiner Annotated Fig 1 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 (Examiner Annotated Fig 1 of Sher-710), and where the first wheel assembly includes a first wheel housing and a first wheel (Examiner Annotated Fig 1 of Sher-710, the first wheel housing can be seen to include a first wheel), wherein the first wheel housing comprises a rounded portion, an inboard side surface adjacent to the rounded portion (Examiner Annotated Fig 2 of Sher-710), and a mounting flange, wherein the inboard side surface extends between the rounded portion and the mounting flange (Examiner Annotated Fig 2 of Sher-710); and
wherein the first wheel housing further includes a first elongated guide rail located on a top surface of the rounded portion (Examiner Annotated Fig 2 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), [Not taught: a second guide rail located on the inboard side surface], and a third elongated guide rail [Not taught: located on the top surface of the rounded portion], wherein the first elongated guide rail is spaced apart from the third elongated guide rail (Examiner Annotated Fig 2 of Sher-710); and
wherein the first elongated guide rail is slidably engaged with a first guide slot of the first wheel recess (Examiner Annotated Fig 2 of Sher-710) and [Not taught: the second guide rail is slidably engaged with a second guide slot of the first wheel recess].
Sher-710 does not expressly disclose a second guide rail on the inboard side.
US Publication 2006/0207848 by Sher discloses a similar suitcase that teaches a second guide rail located on the inboard side surface of the first wheel housing that is slidably engaged with a second guide slot of the first wheel recess (Examiner Annotated Fig 3 of Sher-848); the second guide rail is slidably engaged with a second guide slot of the first wheel recess (Examiner Annotated Fig 3 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 a 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 a third elongated guide rail located on the top surface of the rounded portion.
Regarding claim 11, US Patent 5918710 issued to Sher discloses a suitcase comprising:
a base comprising:
a shell structure that includes a first side and a second side opposite the first side (Examiner Annotated Fig 1 of Sher-710), a third side adjacent the first side, and a fourth side opposite the third side (Examiner Annotated Fig 1 of Sher-710), wherein the shell structure has a first end and a second end opposite the first end (Examiner Annotated Fig 1 of Sher-710);
a bottom portion connected to the first end of the shell structure and configured to support the suitcase on a surface (Examiner Annotated Fig 1 of Sher-710);
an interior void defined by the shell structure and the bottom portion (Examiner Annotated Fig 1 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, and where the first wheel assembly includes a first wheel housing and a first wheel (Examiner Annotated Fig 1 of Sher-710, the assembly fits into a recess on the luggage), wherein the first wheel housing has a rounded portion and a mounting flange (Examiner Annotated Fig 5 of Sher-710, the wheeling assembly 40 has rounded portion and mounting flange, the inboard surface is on the side facing the wheel); and
wherein the first wheel housing includes a first plurality of guide rails oriented on an inboard side surface of the first wheel housing that are slid into a first plurality of guide slots of the first wheel recess (Examiner Annotated Fig 5 of Sher-710; Sher-710 as modified has the first plurality of guide rails and the first plurality of guide slots secure the first wheel assembly); and
[Not taught: wherein the first wheel housing includes [Not taught: a second plurality of guide rails oriented on 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; Examiner Annotated Fig 2 of Sher-710) of the first wheel housing that are slid into [Not taught: a second plurality of guide slots] of the first wheel recess (Examiner Annotated Fig 2 of Sher-710, the projections include guide rails).
Sher-710 does not expressly disclose that the 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 a second plurality of guide rails oriented on a top surface of the rounded portion (Examiner Annotated Fig 3 of Sher-848); the first wheel housing that are slid into [Not taught: a second plurality of guide slots (Examiner Annotated Fig 3 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).
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 a 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 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.
Claims 24-25 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.
Regarding claim 24, Sher-710 further discloses wherein the first wheel housing further comprises a third elongated guide rail (Examiner Annotated Fig 1 of Sher-710) [Not taught: that is located on the top surface of the rounded portion] and spaced apart from the first elongated guide rail.
Sher as modified does not expressly disclose a third elongated guide rail that is located on the top surface of the rounded portion and spaced apart from the first elongated guide rail.
Conclusion
THIS ACTION IS MADE FINAL. 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 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.
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/JESSICA KAVINI TAMIL/Examiner, Art Unit 3733
/NATHAN J JENNESS/Supervisory Patent Examiner, Art Unit 3733 23 July 2026
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