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 .
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: there is no antecedent basis for the claim term “waist recess”. Element 110 is described in the specification only as “a waist” (paragraph [0026]) and the term “recess” does not appear in the specification. Applicant is required to amend the specification to provide antecedent basis for the terms used in claims 1, 3-9, and 11-21, without introducing new matter.
Claim Objections
Claim 12 is objected to because of the following informalities: the new claim has been presented with markings (strikethrough and underlining) even though the claim has been added for the first time and should have been presented in clean form. Appropriate correction is required.
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.
Claim(s) 1-3, 5-12, 20, and 21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fuentes Domingo, WO 2020/123064.
Regarding claim 1, Fuentes Domingo discloses a luggage ring assembly, [suitable for attachment to a vehicle chassis], comprising: a luggage ring (11); and an engagement member (10) connected to the luggage ring (11); wherein the engagement member (10) comprises a nose (1) [configured for insertion through, but not rotation within, a non-circular aperture]; and a plurality of waist recesses (7, 8) [configured for rotation within the non-circular aperture]; [wherein, once the nose (1) passes through the non-circular aperture, rotation of the luggage ring assembly about the plurality of waist recesses (7, 8) within the non-circular aperture arranges the nose (1) in an orientation that prevents return of the nose (1) through the non-circular aperture].
Claim language set in brackets [] set forth above and below in this office action are considered by the examiner to be intended use that fails to further limit the structure of the claimed invention. Since the claimed invention is directed solely to that of the ring assembly, the prior art must only be capable of performing the functional recitations in order to be applicable, and in the instant case, the examiner maintains that the securing device disclosed by Fuentes Domingo (WO 2020/123064), is indeed capable of the intended use statements. Note that it has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. The examiner further notes that in the mounted configuration of figure 5, securing lugs 2 bear against the flat interior face of panel 12 and support lugs 4 against the exterior face, such that no structure of body 10 obstructs rotation of the body about the insertion axis.
Regarding claim 2, Fuentes Domingo discloses the luggage ring assembly of claim 1, wherein the nose (1) comprises a cross section (the nose 1 is bounded by four lateral faces of the body 10; see figures 2-5) [that substantially describes the shape of the non-circular aperture].
Regarding claim 3, Fuentes Domingo discloses the luggage ring assembly of claim 1, wherein the nose (1) comprises an abutment surface (see curled portions separated by the slit 14) [configured to resist return of the nose through the non-circular aperture].
Regarding claim 5, Fuentes Domingo discloses the luggage ring assembly of claim 1, wherein the engagement member (10) further comprises an arresting surface (on an upper edge of 7) [configured to allow location of the plurality of waist recesses (7, 8) within, but resist passage through, the non-circular aperture].
Regarding claim 6, Fuentes Domingo discloses the luggage ring assembly of claim 1, wherein the engagement member (10) further comprises at least one tensioning arm (4) arranged to apply tension to the luggage ring assembly (figure 5).
Regarding claim 7, Fuentes Domingo discloses the luggage ring assembly of claim 1, wherein the engagement member (10) further comprises a rotation lock (2) between the plurality of waist recesses (7, 8) [to lock the position of the plurality of waist recesses (7, 8) within the non-circular aperture].
Regarding claim 8, Fuentes Domingo discloses the luggage ring assembly of claim 7, wherein the rotation lock (3) is a resilient member adjacent the plurality of waist recesses (7, 8).
Regarding claim 9, Fuentes Domingo discloses the luggage ring assembly of claim 7, [wherein the rotation lock (2) is arranged to interfere with a vertex of the non-circular aperture].
Regarding claim 11, Fuentes Domingo discloses the luggage ring assembly of claim 7, wherein the luggage ring (11) is rotatable relative to the engagement member (10).
Regarding claim 12, Fuentes Domingo discloses the luggage ring assembly of claim 7, wherein the plurality of waist recesses (7, 8) are unoccupied (each recess has a perimeter substantially larger than the lug projecting therethrough, therefore the remainder of each of the apertures is unoccupied; see figure 2).
Regarding claim 20, Fuentes Domingo discloses a luggage ring assembly, [suitable for attachment to a vehicle chassis], comprising: a luggage ring (11); and an engagement member (10) connected to the luggage ring (11); wherein the engagement member (10) comprises: a nose (1) [suitable for insertion through, but not rotation within, a non- circular aperture]; and a waist recess (7) comprising an abutment surface (lower edge of 7) at a lower end of the waist recess (7) and an arresting surface (upper edge of 7) at an upper end of the waist recess (7) opposite the abutment surface, wherein the abutment surface and arresting surface define a height of the waist recess (7) [configured to match a width of the non-circular aperture; wherein once the nose (1) passes through the non-circular aperture, rotation of the luggage ring assembly about the waist recess (7) within the non-circular aperture arranges the nose (1) in an orientation that prevents return of the nose (1) through the non-circular aperture].
Regarding claim 21, Fuentes Domingo discloses the luggage ring assembly of claim 20, wherein the engagement member (10) further comprises a rotation lock (3) [configured to reside in the non-circular aperture and engage a vertex of the non-circular aperture upon rotation of the luggage ring assembly of 30° or greater].
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(s) 4, and 13-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fuentes Domingo, WO 2020/123064 in view of Haage, US 6,186,379.
Regarding claim 4, Fuentes Domingo discloses the luggage ring assembly of claim 1. Fuentes Domingo does not explicitly disclose wherein a rotation of 30° or greater of the luggage ring assembly about the plurality of waist recesses (7, 8) within the non-circular aperture (of the panel 12) is required to arrange the nose (1) in an orientation that prevents return of the nose through the non-circular aperture.
Haage teaches a device for securing pieces of luggage in a luggage component of a car, comprising a securing element (38) having a foot (42) passing through a non-circular aperture (34), wherein rotation of the securing element through 90° causes the foot to clear the overhangs (40) so that the securing element may be removed, insertion being carried out in the reverse order.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the retention of Fuentes Domingo’s engagement member (10) within the aperture of panel (12) such that the body is inserted and rotated as taught by Haage in order to positively lock the engagement member against withdrawal without requiring separate fixing elements, and to permit removal by simply reversing the rotation.
Regarding claim 13, Fuentes Domingo discloses a luggage ring system comprising: an aperture (of 12) formed in an attachment surface (12), the aperture (of 12) comprising an edge (perimeter of the aperture) extending about the aperture (of 12); a luggage ring assembly comprising: a luggage ring (11); and an engagement member (10) connected to the luggage ring (11); wherein the engagement member comprises: a nose (1) shaped for insertion through, but not rotation within, the aperture (of 12); and a plurality of waist recesses (7) configured to receive the edge of the aperture (34).
Fuentes Domingo does not explicitly disclose a non-circular aperture.
Haage teaches a securing element (38) having a nose (42) shaped for insertion through, but not rotation within, a non-circular aperture (34) formed in an attachment surface (18), and a waist recess (space between 42 and 38) receiving an edge (40) of the non-circular aperture, whereby the securing element is attached to a positively locking manner at any point on the attachment surface. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to form the aperture in the attachment surface (12) of Fuentes Domingo as a non-circular aperture conforming to the non-circular body (10) and to shape the nose for insertion through as taught by Haage in order to attach the device in a positively locking manner at any desired point on the attachment surface without separate fixing elements.
Regarding claim 14, the combination of Fuentes Domingo and Haage teaches the luggage ring system of claim 13. Fuentes Domingo further discloses wherein the plurality of waist recesses each comprise an abutment surface (lower edge of 7) and an arresting surface (upper edge of 7), the abutment surface (of 7) and arresting surface (of 7) being positioned above and below, respectively, the non-circular aperture (of Haage) when the luggage ring assembly is installed (see figure 5).
Regarding claim 15, the combination of Fuentes Domingo and Haage teaches the luggage ring system of claim 14. Fuentes Domingo further discloses wherein the abutment surface (of 7) and the arresting surface (of 7) create an interfering fit with the edge of the non-circular aperture (see figure 5; also see figure 3 of Haage).
Regarding claim 16, the combination of Fuentes Domingo and Haage teaches the luggage ring system of claim 13. The combination further teaches wherein a rotation of 30° or greater of the luggage ring assembly (as modified) about the plurality of waist recesses (7, 8 of Fuentes Domingo) within the non-circular aperture (34 of Haage) is required to arrange the nose (42 of Haage) in an orientation that prevents return of the nose (42 of Haage) through the non-circular aperture (34 of Haage).
Regarding claim 17, the combination of Fuentes Domingo and Haage teaches the luggage ring system of claim 13. Fuentes Domingo further discloses wherein the engagement member (10) further comprises a rotation lock (3) between the plurality of waist recesses (7) to lock the position of the plurality of waist recesses (7) within the non-circular aperture.
Regarding claim 18, the combination of Fuentes Domingo and Haage teaches the luggage ring system of claim 17. Fuentes Doming further discloses wherein the rotation lock (3) is arranged to interfere with a vertex of the non-circular aperture (the aperture as modified conforms to the body 10 and presents corners at its perimeter).
Regarding claim 19, the combination of Fuentes Domingo and Haage teaches the luggage ring system of claim 13. Fuentes Domingo further discloses wherein the engagement member (10) further comprises at least one tensioning arm (4) arranged to apply tension to the luggage ring assembly.
Response to Arguments
Applicant's arguments filed June 29, 2026 have been fully considered but they are not persuasive.
Applicant’s arguments with respect to the rejection of claims 1-9, and 11 have been considered but are moot in view of the new grounds of the rejection necessitated by the amendment. Claim 1 has been amended to recite “a plurality of waist recesses” in place of “a waist”. The amendment has necessitated a new interpretation of Fuentes Domingo as set forth above, in which the plurality of waist recesses is identified as orifices 7, 8 arrange on faces of the body 10 and the rotation lock is identified as release lugs 3, which is arranged between the recesses.
Applicant has argued that lugs 2 function to prevent rotation and resist removal, therefore the orifices 7 are not recesses configured for rotation. This argument is found not persuasive. The function performed by a structure occupying a recess does not negate the existence of the recess; first orifices 7 are voids formed in two opposite lateral faces of the body 10 and constitute recesses under the broadest reasonable interpretation of that term.
Applicant has further argued that no rotation of Fuentes Domingo’s device within any aperture is disclosed. This argument is directed to what the reference does rather than to what its structure is capable of. The non-circular aperture is not a positively recited element of claim 1, and it has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 for similar art cited.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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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/R.D./ Examiner, Art Unit 3677
/JASON W SAN/ SPE, Art Unit 3677
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