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 .
Applicant elected group 13, Fig. 19A-19E with traverse is acknowledged. Applicant assertion that “the species that are represented in Groups 11, Group 12 and Group 13 are not patentably distinct but rather are directed towards the same genre of embodiments and are all covered by claims 1-7.” is noted. In view of this admission, claims 1-7 will be examined.
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-5 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for pre-AIA the inventor(s), at the time the application was filed, had possession of the claimed invention.
The original specification does not teach “an interior of the slipcover, defines a top edge, defines a first opening, which is proximate to a bottom edge”. This is a new matter rejection.
Claims 1-5, and 7 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 claim 1, the recitation “an interior of the slipcover, defines a top edge, defines a first opening, which is proximate to a bottom edge” is confusing. The top edge of the slip cover is not “proximate” to a bottom edge. It seems the top edge is at opposite end of the bottom edge. Also, “the bottom opening” has no antecedent basis.
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Regarding claim 7, “crating” is misspelled.
Claims 1-5 are rejected under 35 U.S.C. 103 as being unpatentable over Mittelsaedt (7628187) in view of Allen (2432365), and further in view of Orce (6231233) or Scheller (20160105049).
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while the overskirt 12 is made from a textured fabric that has a pattern containing the brown color on one face, and a contrasting bright lime green on the opposite face. This enables the appearance of the carrying bag 10 to be completely changed. False or natural lizard skin, crocodile, pony, fur, etc. may be employed for the base bag 11 or the overskirt 12. Different overskirts 12 may be interchanged for use on a single handbag 13, allowing the user even more choices.
The base bag 11 can alternatively be used by itself, if desired, with no disadvantages.
(21) The base bag 11 may be made from leather, fabric, vinyl (e.g., polyvinyl chloride), or any other suitable material. The overskirt 12 may be made from any of these materials.
The side edges of the generally rectangular shaped base bag front panel 24 are attached to corresponding side edges of the generally rectangular shaped end panels 26, as seen in FIGS. 1-3. The base bag may assume any suitable shape, though. The side edges of the generally rectangular shaped base bag rear panel 25 are attached to opposite, corresponding side edges of the base bag end panels 26. Top edges of the front 24, rear 25, and end panels 26 are attached to the four edges of the top panel 27. Bottom edges of the front 24, rear 25, and end panels 26 are attached to the four edges of the generally rectangular shaped bottom panel (not shown).
Conversely, a protective overskirt of a water absorbent material such as terry cloth can be used in a pool, lake, or beach area, for example.
Regarding claim 1, Mittelsaedt teaches a container (11, figs. 11 and 14) comprising one or more panels adjoined together to define a first void on an interior of the one or more panels, the one or more panels defining a top perimeter edge that provides an opening (note zipper 23) into the void, wherein the void can be accessed; one or more straps (41) that extend above the perimeter edge; and a slipcover (12 fig. 1) comprising a foldable material that defines a second void within an interior of the slipcover, defines a top edge, defines a bottom, and that is dimensioned such that the container can be slid into the second void; a top edge defines a first opening which is opposite the bottom edge. Mittelsaedt teaches second and thirds openings in the two sides of the slipcover proximate to the top edge. Mittelsaedt does not teach the second and thirds openings for the accommodation of the two handles on the two sides.
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Allen teaches that it is known in the art to provide the second and thirds openings 6a/7a for the two handle straps 12a/12b to go through. It would have been obvious to one of ordinary skill in the art before the effective filing date to provide the cover of fig. 1 for the handbag of figs. 11 and 14 to provide the handle slots as taught by Allen to accommodate the desired handbag with the two side handles.
Regarding the material, Mittelsaedt teaches the cover made from opaque material, i.e., solid cover, leather, cited above. Mittelsaedt teaches the container can be used by itself, does not teach the container at least one of the one or more panels being constructed of a transparent material Regarding the transparent, Orce teaches that it is known in the art to provide a bag with transparent material, and Scheller also teaches that it is known in the art to provide a handbag of either transparent or opaque material:
(23) In fact, the safe-keeping bag of the invention has a zip fastener the sliding tab of which includes an inviolable locking means. Further, the bag walls have transparent portions allowing visualization of the contents of the bag from outside at any time.
[0030] The storage device 100 may generally have any size and/or shape, subject to limitations specifically described herein. In some embodiments, the storage device 100 may be any color, including a combination of different colors. In some embodiments, at least one portion of the storage device 100 may be transparent or translucent such that a user is able to discern at least a portion of the storage device. In other embodiments, the storage device 100 may be opaque. In some embodiments, one or more portions of the storage device 100 may be opaque, while other portions are transparent.
It would have been obvious to one of ordinary skill in the art to provide the inside bag of transparent material as taught by Scheller or Orce to enable one to see the inside contents.
Regarding claim 2 note the container is substantially rectangularly shaped as claimed and cited above.
Regarding claim 3 note the two straps handle.
Regarding claim 4, note that the recitation “disposable plastic shopping bag and the first opening is a cut along the bottom edge of the disposable plastic shopping bag” does not impart any structure over the sleeve in Mittelsaedt.
Regarding claim 5, note Mittelsaedt teaches cloth material cited above.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Zhang (217101442) in view of Levy (20070280568), or in the alternative under 35 U.S.C. 103 as being unpatentable over Zhang (217101442) in view of Levy (20070280568), and further in view of Knight (0570174).
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wherein the containing bag 1 is used as the main body for containing garbage, the daily garbage can be supported, the stable belt 3 is good for reinforcing the stability of the connection of the handle 4 and the containing bag 1, the symmetrical handle 4 is convenient for lifting the containing bag 1, it is convenient to take the garbage bag when pouring the garbage, the opening end 5 is used for pouring the garbage, when using, lifting the handle 4, tearing the tearing belt 7, opening the bottom of the bag 1, so that the garbage is poured out from the bottom of the garbage bag, on the one hand, it is convenient to dump garbage, on the other hand, it is convenient for fast collecting garbage bag.
Regarding claim 6, Zhang teaches a method of creating a device that defines an interior void, defines a top edge at 9, defines a bottom edge, and that is dimensioned such that a container can be slid into the interior void, a second opening at 4/3 in a first side of the slipcover proximate to the top edge; and a third opening 4/3 in a second side of the slipcover proximate to the top edge in fig. 1. Zhang teaches the step of cutting a first opening along the bottom to completely remove the bottom of the bag via tear line at 8. Note that cutting is broad, e.g., removing material. Zhang does not teach the material being opaque. Levy teaches that it is known in the art to provide a gabbage bag or opaque material.
Further, these packaging unit embodiments can be made of materials that are transparent for seeing the goods and/or products dispensed, or from opaque (non-transparent) materials for use in gift bags, collection bags, trash bags, or where the goods and products dispensed are not viewed.
It would have been obvious to one of ordinary skill in the art before the effective filing date to provide the bag of Zhang from opaque material as taught by Levy to provide the desired aesthetic look or blocking dirty looking material.
Note that method claim is distinguished by the recited steps and the only step recited in this claim merely the cutting off the bottom and Zhang meets the recited method step. The recitation “for obstructing” or “can be placed” with a container does not impart any other steps over Zhang.
In the alternative, Knight teaches tearing and cutting are equivalent actions.
The bags are then separated by tearing or cutting them apart on lines x x, Fig. 1,
It would have been obvious to one of ordinary skill in the art before the effective filing date to cutting off the bottom as taught by Knight to provide an alternative method for making the bottom opening.
Claim 7 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
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TRI M. MAI
Examiner
Art Unit 3733
/TRI M MAI/Primary Examiner, Art Unit 3733