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 .
Priority date of 06/09/2022 based on FR2205554 is acknowledged.
The Election/Restriction dated 12/16/2025 is hereby withdrawn in view that that the withdrawn claims have been canceled.
Claim 8 is objected to: Claim 8 recites “at least one support” and then recites “the support. The second recitation should be “the at least one support” for proper agreement.
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.
Claims 2, and 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.
In claims 2 and 18, “the fibers” has no antecedent basis.
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.
Claims 1, 6, and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Marbury et al. (2154630).
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said bag being airtight when closed whether in extended or folded positions, and constituting a permanent moth and dust repellent sealed clothes container when not being used for traveling purposes, said container adapted to maintain the clothes in non- wrinkled condition, and instantly available as a travel and handbag when desired.
Regarding claim 1, Marbury teaches a cover for at least one article comprising: a flexible enclosure, the flexible enclosure being impermeable to liquids and gases (note “impermeable to the passage of air” cited above; and a closure (zipper 10) arranged to be moved between an open position in which the article can be introduced into the flexible enclosure, and a closed position in which the article is enclosed in an air and watertight manner in an internal space of the flexible enclosure. Regarding “the movement of the closure from the open position to the closed position causing a quantity of air to become trapped in the internal space of the flexible enclosure so as to form a protective pocket of air around the article”, note that a) this functional limitation does not impart any structure over the device in Jordan, and the device of Jordan is capable of such “trapping air” by the movement of the zipper as claimed.
Regarding claim 6, note the fold lines extending along a transverse axis of the cover, the fold line allowing the cover to be folded by rotation about the transverse axis in fig. 6.
Regarding claim 9, note the garment bag.
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 2 is rejected under 35 U.S.C. 103 as being unpatentable over the Marbury in view of Gendreau (5090559).
Webs 14 and 16 are preferably made of a durable dry cleanable woven fabric material which is or may be treated to be water resistant, water repellent or water proof.
Examples may include polyester, nylon, polyaramid, polyvinyl chloride, polypropylene and polyethylene fibers and fabrics. Especially preferred for their toughness, durability and resistance to dry cleaning solvents are polyesters and polyamides such as nylons and aromatic polyamides such as KEVLAR.RTM. (DuPont).
Moreover, instead of stitching woven fabrics to form the bag body and top hem, other securement methods including riveting, adhesive bonding or thermal fusion bonding or welding methods may also be used.
Marbury meets all claimed limitations except for the material is for heat bonding, i.e., polyester (claim 18). Gendreau teaches a garment bag made from polyester fiber, as cited supra. It would have been obvious to one of ordinary skill in the art before the effective filing date to provide the polyester as taught by Gendreau to provide the desired material for the garment bag.
Regarding claim 3, note the flexible enclosure includes a front wall and a back wall (20)a front wall (18) and a back wall (20), the internal space extending between the front wall and the back wall, the front and back walls being bonded by continuous heat-bonding along a periphery of the front and back walls in Marbury as modified by Gendreau via heat bonding (thermal fusion bonding or welding methods cited above).
Regarding claim 8, note the support on the inner surface of the enclosure (for ties in fig. 1). It would have been obvious to one of ordinary skill in the art before the effective filing date to provide the support of Marbury being heat-bonding to the enclosure to provide the desired attachment.
Regarding claim 18, note polyester fibers in Gendreau.
Claims 4-5 are rejected under 35 U.S.C. 103 as being unpatentable over the Marbury in view of Gendreau as set forth above, and further in view of Moore (3264755). Marbury does not teach the zipper being fastened to the flexible enclosure by continuous heat-bonding along the tapes.
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“The front section 15 is provided along its vertical center line with a vertically extending slit 17 adapted to be opened and closed by a zipper fastener 18 secured along each side of the slit at the inner side of the sheet, the zipper fastener for this purpose preferably having thermoplastic tapes which are conveniently secured by heat sealing to the sheet 10a.”
Moore teaches that it is known in the art to provide the zipper heat-bonding to the enclosure, i.e., heat sealing. It would have been obvious to one of ordinary skill in the art before the effective filing date to provide the zipper heat-bonding to the enclosure to provide the added security and/or to provide the desired manufacturing process and/or for economic reasons.
Regarding claim 5, Moore also teaches the zipper extends substantially centrally on the front wall of the flexible enclosure. It would have been obvious to one of ordinary skill in the art before the effective filing date to provide the zipper extends substantially centrally on the front wall of the flexible enclosure to provide the desired placement of the zipper for easy access.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Marbury in view of Gendreau as set forth above and further in view of McGraw (3861504) or Jordan (4572364). Marbury in view of Gendreau does not teach the bonding of the two handles by heat bonding.
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the handle 18 and loop 20 may have a tongue 25 which is received between the wall 23 of the liner and an in turned flange 26 thereof. The tongues are retained in position be means of either heat sealing or by means of adhesive or be stitching.
McGraw teaches that it is known in the art to provide two handle (loops 20) in a foldable bag and attach by heat bonding. It would have been obvious to one of ordinary skill in the art before the effective filing date to provide the two handle using heat bonding as taught by McGraw to provide the desired attachment method and allow one to handle the bag easily.
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Jordan also teaches that it is known in the art to provide two handle (loops 20) in a foldable bag. It would have been obvious to one of ordinary skill in the art before the effective filing date to provide the two handle as taught by Jordan using heat bonding as taught by Gendreau to provide the desired attachment method and allow one to handle the bag easily.
SET II:
Claims 1-5, 9, and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Carroll (7484275).
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A gas-tight, liquid-impervious, transportable contaminated remains pouch designed and configured for storage and/or movement of remains or other items such as evidence in forensic applications that have been or are suspected to have been contaminated. In this embodiment, the barrier fabric comprises a high barrier, multi-layer film incorporating EVOH (ethylene vinyl alcohol) laminated to a spunbonded polyester substrate.
Typical materials of construction include polyethylene sheeting, polyethylene laminates to woven or nonwoven support fabrics, or varying weights of supported and unsupported polyvinyl chloride (PVC) and/or polyurethane. Predominately rectangular in shape, seaming is accomplished via traditional needle and thread sewing, impulse welding, radio frequency welding, or other similar thermal seaming techniques.
The fabric of this embodiment is a five-layer construction with a layer of EVOH in the middle, bracketed by water-resistant bonding resin layers and outer layers of polyethylene or polyester. The substrate may be formed with low temperature binders and is calendered on both sides, the outer side being calendered much more extensively than the inner side. The material is joined together at pattern edges by thermal bonding under pressure or by a strip of the film thermal bonded to material segments.
(27) The barrier fabric of this embodiment may comprise an outer film of a synthetic material manufactured and sold by the British Petroleum Corporation. The film is laminated to an inner substrate of spun-bonded polyester material. A layer of adhesive is provided between the film and the substrate to enhance the bond between them. In embodiments, the film may be a five-layered product. In these embodiments, the first or inner layer of the film may be a polyethylene layer. The second layer may be a "tie layer" of water resistant adhesive resin. The third or center layer may be EVOH. The fourth layer another layer of water resistant adhesive resin. The fifth, or outer, layer of this embodiment is another layer of polyethylene. The substrate of this embodiment may be a spun-bonded polyester material incorporating low temperature binders. The binders may be ethyl vinyl acetate (EVA), or polyvinyl acetate (PVA), for example. While this substrate is formed using conventional methods, it may be calendered on both sides. The film and the substrate are laminated with the adhesive layer between them. The adhesive layer, which is an ethyl vinyl acetate (EVA) resin, is a thin layer applied to the film before lamination. The lamination process completes the fabrication of the material of this embodiment.
…a plasticized thermoplastic zipper can be heat-sealed. In this embodiment, the CPE/PVC alloy contains a sufficient amount of PVC that can readily absorb any migrating plasticizer while maintaining the heat seal to the outer surface of the zipper.
Regarding claim 1, Carroll teaches a cover for at least one article comprising a flexible enclosure, the flexible enclosure being impermeable to liquids and gases; and a closure (zipper 2) arranged to be moved between an open position in which the article can be introduced into the flexible enclosure, and a closed position in which the article is enclosed in an air and watertight manner in an internal space of the flexible enclosure. Regarding “the movement of the closure from the open position to the closed position causing a quantity of air to become trapped in the internal space of the flexible enclosure so as to form a protective pocket of air around the article”, note that a) this functional limitation does not impart any structure over the device in Carroll, and the device of Carroll is capable of such “trapping air” by the movement of the zipper as claimed.
Regarding claims 2 and 18, note the various citations using heat bonding cited above and the polyester fibers (spun-bonded).
Regarding claim 3, note the teaching of the continuous heat-bonding along a periphery of the front and back walls (for gas-tight, liquid-impervious).
Regarding claim 4, note the zipper can be heat bonded, i.e., heat sealed as cited above.
Regarding claim 5, note the zipper extends substantially centrally on the front wall of the flexible enclosure.
Regarding claim 9, note the bag in Carroll is a garment bag as claimed.
Claims 6, and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Carroll in view of McGraw (3861504). Carroll does not teach the bonding of the two handles by heat bonding.
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the handle 18 and loop 20 may have a tongue 25 which is received between the wall 23 of the liner and an inturned flange 26 thereof. The tongues are retained in position be means of either heat sealing or by means of adhesive or be stitching.
Regarding claim 6, McGraw teaches that it is known in the art to provide a fold line in fig. 5. It would have been obvious to one of ordinary skill in the art before the effective filing date to provide a fold line as taught by McGraw to fold the bag for easy carrying when there is no inside contents.
Regarding claim 7, McGraw teaches that it is known in the art to provide two handle (loops 20) in a foldable bag and attach by heat bonding. It would have been obvious to one of ordinary skill in the art before the effective filing date to provide the two handles using heat bonding as taught by McGraw to provide the desired attachment method and allow one to handle the bag easily.
SET III:
Claims 1-5, and 8-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schneider (3764433).
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In many instances, particularly in gym bag construction, it has been found desirable to provide the bags with a water-resistant or moisture proof quality
(3) A general utility bag is provided, major components of which are rotationally cast or molded, as an integral monolithic unit, with bottom and closure units being secured thereto by radio frequency heat sealing and wherein other heat sealing operations may be of the radio frequency type. Detail, trim and graining along with simulated stitching is provided as part of the integral molding or casting operation to give the general appearance of a bag constructed of multiple components. Handles are then attached to the bag.
(12) It is a further object of this invention to accomplish the above objects, wherein a closure unit may be heat- sealed to the bag preferably in a radio frequency sealing operation, and wherein the closure unit may preferably be a zipper having a moldable material secured thereto as part of a separate operation which may then be attached by heat sealing to the bag as indicated bove. (46)
The closure member 77 is constructed of a zipper 78 comprising a conventional fabric portion 80 having metal teeth X81 and a metal pull 82, the zipper 78 being heat sealed by engagement of the fabric portion 80 thereof go with a strip 83 of moldable material having an elongated slot X84 therein and an elongated tab 85, forming a part thereof.
(42) The bottom 28 of the bag 25 is provided with a plurality of feet 61 .. heat sealing closed the bag bottom 28
The plate 143 is of a material capable of absorbing radio frequency energy and when brought into contact with the bottom 28 of the bag 25, the radio frequency generator 145 is energized to heat seal between the die plate members 132 and 143 thereby sealing the board 67 to the bottom 28
Regarding claim 1, Schneider teaches a cover for at least one article comprising: a flexible enclosure, the flexible enclosure being impermeable to liquids and gases (note moisture proof comprise airtight as claimed); and a closure (zipper 78) arranged to be moved between an open position in which the article can be introduced into the flexible enclosure, and a closed position in which the article is enclosed in an air and watertight manner in an internal space of the flexible enclosure. Regarding “the movement of the closure from the open position to the closed position causing a quantity of air to become trapped in the internal space of the flexible enclosure so as to form a protective pocket of air around the article”, note that a) this functional limitation does not impart any structure over the device in Jordan, and the device of Jordan is capable of such “trapping air” by the movement of the zipper as claimed.
Regarding claim 2, note the material is heat sealable.
Regarding claim 3, note the bottom is attached on continuous for (moisture proof).
Regarding claim 4, note the zipper can be heat bonded, i.e., heat sealed as cited above.
Regarding claim 5, note the zipper extends substantially centrally on the top wall of the flexible enclosure.
Regarding claim 8, note the support is head bonded, heat sealed, to the bottom inner surface 28 as cited above.
Regarding claim 9, note the bag in Schneider is a garment bag as claimed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TRI M MAI whose telephone number is (571)272-4541. The examiner can normally be reached 8am-5pm (Mon-Friday).
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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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TRI M. MAI
Examiner
Art Unit 3733
/TRI M MAI/Primary Examiner, Art Unit 3733
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