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 .
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)(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.
Claims 1-4 and 7 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by U.S. Patent #4,630,717 to Tong (Tong). Tong discloses:
With Respect to Claim 1
A case for vehicles (inasmuch as it is usable with a vehicle, e.g. it can be placed in a trunk or tied to a vehicle roof rack), comprising: a first casing part (19); and a second casing part (18), the first casing part being movable relative to the second casing part between an extended and a reduced position (see, e.g. FIGS. 1-4 and description)); wherein the case also comprises traction cables (44-45), which, when the first casing part is moved, cause the first casing part to move in a straight line relative to the second casing part (see, e.g. FIGS. 1-4 and description).
With Respect to Claim 2
The case for vehicles according to claim 1, wherein the first and second casing parts are connected to each other by means of a movable element (22-24).
With Respect to Claim 3
The case for vehicles according to claim 2, wherein the movable element comprises guides (bores 23 are guides to the extent broadly claimed).
With Respect to Claim 4
The case for vehicles according to claim 2, wherein the traction cables are mounted on the movable element or on the second casing part (one end of the cables is mounted on the movable element and the other is mounted on the second casing part, so this limitation is clearly met).
With Respect to Claim 7
The case for vehicles according to claim 1, wherein each traction cable comprises a first section, an inclined section and a second section (see FIG. 4 showing a first horizontal second, curved/inclined section at the corner, and second vertical section).
Allowable Subject Matter
Claims 5-6 and 8-10 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.
The following is a statement of reasons for the indication of allowable subject matter: Tong does not disclose the subject matter of claims 5-6, and 8-10, and there is insufficient motivation based on the current prior art of record to modify Tong to arrive at the subject matter of these claims, and additionally none of the other prior art of record discloses or renders obvious the claimed subject matter. It is noted that U.S. Patent #9,560,902 discloses a similar locking lever and slider as part of a ratcheting mechanism for a similar expandable luggage, but as Tong already has a locking mechanism there is insufficient motivation to add this structure to Tong or to add the cable structure of Tong to the ‘902 structure.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ADAM J WAGGENSPACK whose telephone number is (571)270-7418. The examiner can normally be reached M-F 8:30-4:30.
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 Newhouse can be reached at (571)272-4544. 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.
/ADAM J WAGGENSPACK/Primary Examiner, Art Unit 3734