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
This office action is in response to the amendments and / or remarks filed on December 12th, 2024. Claims 1-14 have been cancelled. Claims 15-34 remain pending and are currently being examined.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim Rejections - 35 USC § 102
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 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 15-19, and 21-22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lee et al. (US 20080236972 A1).
Regarding Claim 15, A hard-shell suitcase (wherein Lee et al. teaches “The case is suitably of contemporary plastic or other material that is tough, light-weight and strong or may, for example, use a tough canvass or other tough material with aluminium/other metal/alloy skeletal frame reinforcement) comprising: a base portion (1 in Annotated Figure 16a below) comprising a first concave shell (1 in Annotated Figure 16a below), wherein an edge of the first concave shell (1 in Annotated Figure 16a below) defines a first plane (3 in Annotated Figure 16a below); a lid portion (2 in Annotated Figure 16a below) connected to the base portion (2 in Annotated Figure 16a below) by a hinge (wherein Lee et al. teaches “The invention is equally adaptable to luggage cases which have other forms of hinges, closures, latching means and provisions for carrying the case”) such that the lid portion (2 in Annotated Figure 16a below) is configured to be movable with respect to the base potion (1 in Annotated Figure 16a below) between an open position (not shown) and a closed position (Figure 16a), wherein in the closed position (Figure 16a) an edge of the lid portion (2 in Annotated Figure 16a below) is adjacent to the edge of the first concave shell (1 in Annotated Figure 16a below) in the first plane (3 in Annotated Figure 16a below); first (106a), second (106b), third (105c) and fourth wheel (105d) assemblies attached to the exterior of the base portion (1 in Annotated Figure 16a below), wherein: first (106a), second (106b), third (105c) and fourth wheel (105d) assemblies are in a second plane (beneath the first plane at 4 in Annotated Figure 16) parallel to the first plane (3 in Annotated Figure 16a); first (106a), second (106b), third (105c) and fourth wheel (105d) wheel assemblies are configured to support the base portion (1 in Annotated Figure 16a below); and each wheel assembly (105 and 106) is configured to rotate (wherein Lee et al. teaches “has a set of four multi-directional wheels [AltContent: arrow]mounted”) about a first axis (5 in Annotated Figure 16a below) parallel to the second plane and about a second axis (6 in Annotated Figure 16a below) perpendicular to the first axis (5 in Annotated Figure 16a below); and a first retractable handle (104) parallel to the first plane (3 in Annotated Figure 16a below) configured to be movable in a first direction (forward) parallel to the first plane (3 in Annotated Figure 16a below) from a retracted position (Figure 16b) to an extended position (Figure 16a) and from the extended position (Figure 16a) to the retracted position (Figure 16b), wherein in the retracted position (Figure 16b) a portion of the first retractable handle (Figure 16a) is housed inside the lid portion (2 in annotated Figure 16b below). (Figs. 16a-16c; [0062], [0096], [0101])
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Regarding Claim 16, Lee et al. further teaches the luggage case comprising first (105c), second (105d), third (105a) and fourth feet (105b), wherein the first (105c) and second feet (105d) are attached to the exterior of the base portion (1 in Annotated Figure 16a above) and wherein the third (105a) and fourth feet (105b) are attached to the exterior of the lid portion (2 in Annotated Figure 16a above). (Figs. 16a-16c; [0096])
Regarding Claim 17, Lee et al. further teaches a second retractable handle (108’) configured to be movable in a plurality of directions between a retracted position (Figure 16b) and a plurality of extended positions (Figure 16a), wherein in the retracted position (Figure 16b) a portion of the second retractable handle (108’) is housed inside (as seen in Figure 16b) the lid portion (2 in Annotated Figure 16a above). (Figs. 16a-16b; [0096])
Regarding Claim 18, Lee et al. further teaches wherein the second retractable handle is flexible (wherein Lee et al. teaches “A further feature is a strap 107' with a clip 108' that can be used to pull the case along and which can be clipped to a belt of the user”). (Figs. 16a-16b; [0096])
Regarding Claim 19, Lee et al. further teaches wherein the plurality of extended positions (as a flexible strap) of the second retractable handle (108’) are in a third plane (7 in Annotated Figure 16a above), wherein the third plane (7 in Annotated Figure 16a above) is perpendicular (as seen in Annotated 16a above) to the first plane (7 in Annotated Figure 16a above) and parallel to the first direction (forward). (Figs. 16a-16b; [0096])
Regarding Claim 21, Lee et al. further teaches a carry handle (8 in annotated Figure 16a above) attached to the exterior of the lid portion (2 in Annotated Figure 16a above). (Figs. 16a-16b; [0096])
Regarding Claim 22, Lee et al. wherein in the closed position the lid portion (2 in annotated Figure 16a above) is attached to the base portion (1 in annotated Figure 16a above) by a zip (wherein Lee et al. teaches “The lid can be fastened to the luggage receptacle by various means known to those skilled in the art and there are various ways in which the lid can be held closed including but not limited to zips, locks, clasps or any holding means”). (Fig. 16a; [0072])
Regarding Claim 28, A hard-shell suitcase (wherein Lee et al. teaches “The case is suitably of contemporary plastic or other material that is tough, light-weight and strong or may, for example, use a tough canvass or other tough material with aluminium/other metal/alloy skeletal frame reinforcement) comprising: a base portion (1 in Annotated Figure 16a below) comprising a first concave shell (1 in Annotated Figure 16a below), wherein an edge of the first concave shell (1 in Annotated Figure 16a below) defines a first plane (3 in Annotated Figure 16a below); a lid portion (2 in Annotated Figure 16a below) connected to the base portion (2 in Annotated Figure 16a below) by a hinge (wherein Lee et al. teaches “The invention is equally adaptable to luggage cases which have other forms of hinges, closures, latching means and provisions for carrying the case”) such that the lid portion (2 in Annotated Figure 16a below) is configured to be movable with respect to the base potion (1 in Annotated Figure 16a below) between an open position (not shown) and a closed position (Figure 16a), wherein in the closed position (Figure 16a) an edge of the lid portion (2 in Annotated Figure 16a below) is adjacent to the edge of the first concave shell (1 in Annotated Figure 16a below) in the first plane (3 in Annotated Figure 16a below); first (106a), second (106b), third (105c) and fourth wheel (105d) assemblies attached to the exterior of the base portion (1 in Annotated Figure 16a below), wherein: first (106a), second (106b), third (105c) and fourth wheel (105d) assemblies are in a second plane (beneath the first plane at 4 in Annotated Figure 16) parallel to the first plane (3 in Annotated Figure 16a); first (106a), second (106b), third (105c) and fourth wheel (105d) wheel assemblies are configured to support the base portion (1 in Annotated Figure 16a below); and each wheel assembly (105 and 106) is configured to rotate (wherein Lee et al. teaches “has a set of four multi-directional wheels [AltContent: arrow]mounted”) about a first axis (5 in Annotated Figure 16a below) parallel to the second plane and about a second axis (6 in Annotated Figure 16a below) perpendicular to the first axis (5 in Annotated Figure 16a below); first (105c), second (105d), third (105a) and fourth feet (105b), wherein the first (105c) and second feet (105d) are attached to the exterior of the base portion (1 in Annotated Figure 16a above) and wherein the third (105a) and fourth feet (105b) are attached to the exterior of the lid portion (2 in Annotated Figure 16a above); and a first retractable handle (104) parallel to the first plane (3 in Annotated Figure 16a below) configured to be movable in a first direction (forward) parallel to the first plane (3 in Annotated Figure 16a below) from a retracted position (Figure 16b) to an extended position (Figure 16a) and from the extended position (Figure 16a) to the retracted position (Figure 16b), wherein in the retracted position (Figure 16b) a portion of the first retractable handle (Figure 16a) is housed inside the lid portion (2 in annotated Figure 16b below). (Figs. 16a-16c; [0062], [0096], [0101])
Regarding Claim 29, Lee et al. further teaches a carry handle (8 in annotated Figure 16a above) attached to the exterior of the lid portion (2 in Annotated Figure 16a above). (Figs. 16a-16b; [0096])
Regarding Claim 30, Lee et al. wherein in the closed position the lid portion (2 in annotated Figure 16a above) is attached to the base portion (1 in annotated Figure 16a above) by a zip (wherein Lee et al. teaches “The lid can be fastened to the luggage receptacle by various means known to those skilled in the art and there are various ways in which the lid can be held closed including but not limited to zips, locks, clasps or any holding means”). (Fig. 16a; [0072])
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 20 is rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (US 20080236972 A1), in view of O’Donnell et al. (US 20160255928 A1).
Regarding Claim 20, Lee et al. teaches all of the elements of the invention described in claim 15 above except; wherein the base portion comprises a first foot rest and a second foot rest.
O’Donnell et al. further teaches a base portion (20) comprising a first foot rest (34) and a second foot rest (34). (Fig. 1A; [0046])
It would have been prima facie obvious for a person having ordinary skill in the art before the effective filing date of the invention to take the suitcase as taught by Lee et al., modified above, and provide the base with foot rests as taught by O’Donnell. Wherein through use of a known technique to a known device ready for improvement to yield predictable results; one would be motivated to provide for foot rests for a suitcase base in order to accommodate a passenger on the suitcase.
Claims 23-27, and 31-34 are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (US 20080236972 A1), in view of De Vos et al. (US 20210120925 A1).
Regarding Claim 23, Lee et al. teaches all of the elements of the invention described in claim 15 above except; wherein the base portion and the lid portion are manufactured by blow moulding.
De Vos et al. further teaches wherein the base portion (110) and the lid portion (112) are manufactured by blow moulding (Wherein De Vos et al. teaches “The luggage article may be formed or molded in any suitable manner , such as by plug molding , blow molding , injection moulding.”) (Figs. 1-2; [0121])
It would have been prima facie obvious for a person having ordinary skill in the art before the effective filing date of the invention to take the suitcase as taught by Lee et al., modified above, and provide suitcase material constructed from blow moulding as taught by De Vos et al. Wherein through use of a known technique to a known device ready for improvement to yield predictable results; one would be motivated to for a suitcase shell constructed by blow moulding in order to produce the suitcase through means well known in the art.
Regarding Claim 24, Lee et al. teaches all of the elements of the invention described in claim 15 above except; wherein the base portion and the lid portion are made from a thermoplastic polymer.
De Vos et al. further teaches wherein the base portion (110) and the lid portion (112) are made from a thermoplastic polymer (Wherein De Vos et al. teaches “For example , the housing 102 , among others , may be formed from a thermoplastic material ( self - reinforced or fiber reinforced ) , ABS , polycarbonate , polypropylene , polystyrene , PVC , poly amide , biaxially oriented polypropylene , and / or PTFE , among others.”) (Figs. 1-2; [0121])
It would have been prima facie obvious for a person having ordinary skill in the art before the effective filing date of the invention to take the suitcase as taught by Lee et al., and substitute the suitcase shell material for a thermoplastic polymer as taught by De Vos et al. Wherein using simple substitution of one known element for another to obtain predictable results; one would be motivated to substitute shell material for a thermoplastic polymer in order to have a suitcase comprised of a lightweight durable material.
Regarding Claim 25, Lee et al., modified above, teaches all of the elements of the invention described in claim 23 above except; wherein the base portion and the lid portion are made from acrylonitrile butadiene styrene.
De Vos et al. further teaches wherein the base portion (110) and the lid portion (112) are made from acrylonitrile butadiene styrene. (Wherein De Vos et al. teaches “For example , the housing 102 , among others , may be formed from a thermo plastic material ( self - reinforced or fiber reinforced ) , ABS , polycarbonate , polypropylene , polystyrene , PVC , poly amide , biaxially oriented polypropylene , and / or PTFE , among others.”) (Figs. 1-2; [0121])
It would have been prima facie obvious for a person having ordinary skill in the art before the effective filing date of the invention to take the suitcase as taught by Lee et al., modified above, and substitute the suitcase shell material for a ABS as taught by De Vos et al. Wherein using simple substitution of one known element for another to obtain predictable results; one would be motivated to substitute shell material for a suitcase constructed by ABS in order to have a suitcase comprised of a lightweight durable material.
Regarding Claim 26, Lee et al. teaches all of the elements of the invention described in claim 15 above except; wherein each wheel assembly comprises a pair of parallel wheels.
De Vos et al. further teaches wherein each wheel assembly (220) comprises a pair of parallel wheels (as seen in Figures 1-2). (Figs. 1-2; [0076])
It would have been prima facie obvious for a person having ordinary skill in the art before the effective filing date of the invention to take the suitcase as taught by Lee et al., and substitute wheels for parallel wheels as taught by De Vos et al. Wherein using simple substitution of one known element for another to obtain predictable results; one would be motivated to substitute the wheels for parallel wheels in order to provide for a more stable wheelbase.
Regarding Claim 27, Lee et al. teaches all of the elements of the invention described in claim 15 above except; wherein each wheel in the air of parallel wheels is arranged on either side of a central portion, wherein the central portion is configured to rotate about the second axis.
De Vos et al. further teaches wherein each wheel in the air of parallel wheels (220) is arranged on either side of a central portion (9 in Annotated Figure 2 below), wherein the central portion (9 in Annotated Figure 2 below) is configured to rotate about the second axis (6 in Annotated Figure 16a above). (Figs. 1-2; [0076])
It would have been prima facie obvious for a person having ordinary skill in the art before the effective filing date of the invention to take the suitcase as taught by Lee et al., and substitute wheels for parallel wheels a central portion as taught by De Vos et al. Wherein using simple substitution of one known element for another to obtain predictable results; one would be motivated to substitute the wheels for parallel wheels with a central portion in order to provide for a more stable wheelbase.
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Regarding Claim 31, Lee et al. teaches all of the elements of the invention described in claim 15 above except; wherein the base portion and the lid portion are manufactured by blow moulding.
De Vos et al. further teaches wherein the base portion (110) and the lid portion (112) are manufactured by blow moulding (Wherein De Vos et al. teaches “The luggage article may be formed or molded in any suitable manner , such as by plug molding , blow molding , injection moulding.”) (Figs. 1-2; [0121])
It would have been prima facie obvious for a person having ordinary skill in the art before the effective filing date of the invention to take the suitcase as taught by Lee et al., modified above, and provide suitcase material constructed from blow moulding as taught by De Vos et al. Wherein through use of a known technique to a known device ready for improvement to yield predictable results; one would be motivated to for a suitcase shell constructed by blow moulding in order to produce the suitcase through means well known in the art.
Regarding Claim 32, Lee et al. teaches all of the elements of the invention described in claim 15 above except; wherein the base portion and the lid portion are made from a thermoplastic polymer.
De Vos et al. further teaches wherein the base portion (110) and the lid portion (112) are made from a thermoplastic polymer (Wherein De Vos et al. teaches “For example , the housing 102 , among others , may be formed from a thermoplastic material ( self - reinforced or fiber reinforced ) , ABS , polycarbonate , polypropylene , polystyrene , PVC , poly amide , biaxially oriented polypropylene , and / or PTFE , among others.”) (Figs. 1-2; [0121])
It would have been prima facie obvious for a person having ordinary skill in the art before the effective filing date of the invention to take the suitcase as taught by Lee et al., and substitute the suitcase shell material for a thermoplastic polymer as taught by De Vos et al. Wherein using simple substitution of one known element for another to obtain predictable results; one would be motivated to substitute shell material for a thermoplastic polymer in order to have a suitcase comprised of a lightweight durable material.
Regarding Claim 33, Lee et al., modified above, teaches all of the elements of the invention described in claim 23 above except; wherein the base portion and the lid portion are made from acrylonitrile butadiene styrene.
De Vos et al. further teaches wherein the base portion (110) and the lid portion (112) are made from acrylonitrile butadiene styrene. (Wherein De Vos et al. teaches “For example , the housing 102 , among others , may be formed from a thermo plastic material ( self - reinforced or fiber reinforced ) , ABS , polycarbonate , polypropylene , polystyrene , PVC , poly amide , biaxially oriented polypropylene , and / or PTFE , among others.”) (Figs. 1-2; [0121])
It would have been prima facie obvious for a person having ordinary skill in the art before the effective filing date of the invention to take the suitcase as taught by Lee et al., modified above, and substitute the suitcase shell material for a ABS as taught by De Vos et al. Wherein using simple substitution of one known element for another to obtain predictable results; one would be motivated to substitute shell material for a suitcase constructed by ABS in order to have a suitcase comprised of a lightweight durable material.
Regarding Claim 34, Lee et al. teaches all of the elements of the invention described in claim 15 above except; wherein each wheel in the air of parallel wheels is arranged on either side of a central portion, wherein the central portion is configured to rotate about the second axis.
De Vos et al. further teaches wherein each wheel in the air of parallel wheels (220) is arranged on either side of a central portion (9 in Annotated Figure 2 below), wherein the central portion (9 in Annotated Figure 2 below) is configured to rotate about the second axis (6 in Annotated Figure 16a above). (Figs. 1-2; [0076])
It would have been prima facie obvious for a person having ordinary skill in the art before the effective filing date of the invention to take the suitcase as taught by Lee et al., and substitute wheels for parallel wheels a central portion as taught by De Vos et al. Wherein using simple substitution of one known element for another to obtain predictable results; one would be motivated to substitute the wheels for parallel wheels with a central portion in order to provide for a more stable wheelbase.
Conclusion
The prior art made of record and not relied upon is considered pertinent to the applicant’s disclosure.
Scicluna et al. (US 5323887 A), teaches luggage with a retractable handle parallel to a plane.
Norlin (US 2510754 A), teaches luggage with a retractable handle parallel to a plane.
Weitzner (US 3316993 A), teaches a luggage with footrests.
Wood (US 3982613 A), teaches a luggage case with a leash handle.
Zhang (US 20210177113 A1), teaches a luggage case with a leash handle.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUSTIN R CAUDILL whose telephone number is (303)297-4349. The examiner can normally be reached on Monday-Friday 8:30-5:30 MT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, NATHAN JENNESS can be reached on (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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/JUSTIN CAUDILL/Examiner, Art Unit 3733
/NATHAN J JENNESS/Supervisory Patent Examiner, Art Unit 373315 June 2026
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