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 03/09/2026 (hereafter “the amendment”) has been accepted and entered.
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.
Claim(s) 55 is/are rejected under 35 U.S.C. 103 as being unpatentable over Merrill (US5947282A) and further in view of Shaanan (US20050072695A1).
Regarding claim 55, Merrill teaches a carrier assembly which is an elongate shaped body configured to hold or store at least one elongate shaped item on an exterior thereof being in use oriented in an upright orientation the carrier assembly that is the elongate shaped body comprising: (see annotated fig.1 below for an carrier assembly which is an elongated shaped body capable of holding or storing at least one elongated shaped item being in use oriented in an upright orientation; it is noted that elongated shaped item is not positively claimed and can be any elongated item and any size i.e. small rod or small pencil) a wall support housing assembly including side walls having a thickness between an inner surface and outer surface having an upper end and lower end including a floor assembly (see annotated fig.1 below for the body having a wall support housing with sidewalls as seen in fig.5 and an outer surface and inner surface being the inside of the carrier assembly and a thickness between the two and wall having upper and lower end with floor assembly ) the side walls having a shape defining an internal side therebetween (fig.5 shows the sidewalls having internal side between and connecting to the outside of the sidewall ) at least one elongate shaped housing on an exterior of the side walls in a form of a elongate shaped space having a front wall, a rear wall, side walls and a floor, the elongated shaped space being shaped and configured of a volume to be able to house when in use the at least one elongate item therein (fig.1 below shows the elongated shaped housing in the form of a elongated shaped space and has a front, rear, side walls and a floor shape that’s capable of a housing an elongated item therein) the front wall comprising a planar member including at least one elongate slit-shaped opening extending continuously from at least part of the front wall having an enlarged aperture located at an upper end of the opening (see annotated fig.1 below for the front wall having a planer member including elongated slit shaped opening extending continuously from at least part of the front wall having an enlarged aperture located at an upper end of the opening), the elongated shaped space configured to removably receive a portion of the elongate shaped item to be able to hold the elongate item therein (annotated fig.1 below show the space is capable of removably receive a portion of the elongate shaped item to be able to hold the elongate item), in use, the at least one elongate item being horizontally and rotationally one or more of insertable and removable from the elongate shaped space through the elongate slit-shaped opening which flexibly parts temporally to allow an insertion and to allow for the elongate item to be removably held vertically therein such that in use one elongate item is locatable in space to have a portion upwardly protruding through an enlarged aperture to hold the elongate item in place (annotated fig.1 below shows that when in use an elongated item can be horizontally and rotationally insertable and removable from the elongated space though the slit and the slit will flex depending on the thickness of the item and the opening will part temporally to allow the insertion and to allow the elongate item to be removably held vertically and in use the item is locatable in space to have a portion upwardly protruding though the enlarged aperture to hold the item in place; it is noted once again that elongated item is not positively claimed so it can be any item with any dimensions and the prior art has the structure to perform that function). Merrill does not teach wherein the elongated shaped housing is on an exterior of the side walls of the carrier assembly.
Shaanan does teach wherein the elongated shaped housing is on an exterior of the side walls of the carrier assembly. (fig.1 shows the carrier assembly 22 with the elongated housing 34 on the outer surface of the assembly 22). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the carrier assembly with elongated shaped housing disclosed by Merrill by adding the teaching of having elongated shaped housing on the outer surface of the carrier assembly as disclosed by Shaanan in order to easily take out the items stored in the housing as the user would simply have to pull them out due to the slits facing the outside not the interior of the carrier assembly.
Annotated fig.1 of Merrill
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957
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Allowable Subject Matter
Claim 65 is allowed.
Claims 56,58-64, and 66-69 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.
Response to Arguments
Applicant's arguments filed 03/09/2026 have been fully considered but they are not persuasive. Applicant fixed the 112 issues and the duplicate claim issue stated in the prior rejection mailed 12/08/2026. Applicant did not add any structure to claim 55 to change the scope of the claim, hence the same rejection with the update claim language applicant added. Applicant argues that Merrill does not teach the elongate shaped housing on the exterior of the side wall as it is on the inside this is not found percussive as the secondary reference was used for the teaching of putting the elongated shaped space on the outside of the assembly. Applicant recites “In addition, in contrast to the present invention, Merrill does not disclose or suggest at least one elongate slit-shaped opening extending continuously from at least part of the front wall having an enlarged aperture located at an upper end of the opening, the elongate shaped space being configured to removably receive a portion of the elongate shaped item to be able to hold the elongate item therein, in use, the at least one elongate item being horizontally and rotationally one or more of insertable and removable from the elongate shaped space through the elongate slit-shaped opening. Merrill does not disclose or suggest elongate slits that protect the clubs when stored on the outside of the bag.” This was not found persuasive as Merrill clearly shows the elongated slit shaped opening as labeled in the annotated figure above extending continuously from part of the from wall which has the aperture locked at the upper end of the opening. All the structures of the claims are clearly labeled as required by the claim and secondary reference is used solely for teaching that housing can be on the outside. Applicant stating “Merrill does not disclose or suggest elongate slits that protect the clubs when stored on the outside of the bag” is not persuasive as that’s not even in the claim. Also, applicant has not even claimed “clubs”.
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.
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/PRINCE PAL/Examiner, Art Unit 3735
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