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 .
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 1-4, 6-8, 12, and 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Hsieh (US 20070045370 A1), in view of Chi (US 5971119 A).
Regarding Claim 1, Hsieh teaches a luggage case (3) comprising: at least one shell (31) defining an aperture or a recess (11), and having an edge portion (51) extending around at least a portion of the aperture or the recess (10 in Annotated Figure 3 below); a pocket assembly (4) coupleable to the edge portion (51); and wherein: a rim coupling structure (53) is defined along at least a portion of one of the edge portion (51) or the pocket assembly (4), a frame coupling structure (52) is defined along at least a corresponding portion (52) of the other of the edge portion (51) or the pocket assembly (4), and the frame coupling structure (4) couples to the rim coupling structure (53). (Figs. 1-3; [0015]-[0018])
Hsieh does not teach a snap-fit engagement to attach the pocket assembly to the at least one shell.
Chi further teaches a snap-fit engagement (30, 40) for attaching a pocket assembly to at least one shell (10). (Figs. 1-6; Col. 2, Lines 17-30)
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 Hsieh, and substitute a zipper engagement for a snap-fit engagement as taught by Chi. Wherein using simple substitution of one known element for another to obtain predictable results; one would be motivated to substitute the zipper engagement for the snap-fit engagement in order to provide the user with a sturdy and convenient method of attaching the pocket assembly to the shell.
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Regarding Claim 2, Hsieh, modified above, teaches all of the elements of the invention described in claim 1 above except: wherein the rim coupling structure includes at least two discrete rim coupling structures positioned at different locations along at least a portion of one of the edge portion or the pocket assembly; and the frame coupling structure includes at least two discrete frame coupling structures positioned at different locations along at least a corresponding portion of the other of the edge portion or the pocket assembly.
Chi further teaches wherein the rim coupling structure (30) includes at least two discrete rim coupling structures (30) positioned at different locations (as seen in Figure 1) along at least a portion of one of the edge portion (wherein 30 is disposed about an edge) or the pocket assembly (20); and the frame coupling structure (40) includes at least two discrete frame coupling structures (40) positioned at different locations (as seen in Figure 1) along at least a corresponding portion (30 and 40) of the other of the edge portion (wherein 40 is disposed about the rim of the pocket assembly 20) or the pocket assembly (20). (Fig. 1; Col. 2, Lines 17-30)
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 Hsieh, modified above, and substitute a zipper engagement multiple snap-fit engagements as taught by Chi. Wherein using simple substitution of one known element for another to obtain predictable results; one would be motivated to substitute the zipper engagement for multiple snap-fit engagements in order to provide the user with a sturdy and convenient method of attaching the pocket assembly to the shell.
Regarding Claim 3, Hsieh, modified above, teaches all of the elements of the invention described in claim 2 above except: wherein: the aperture or recess defines at least 4 sides and the pocket assembly defines at least 4 sides; a discrete rim coupling structure is positioned on each of the at least 4 sides of one of the aperture or the recess or each of the at least 4 sides of the pocket assembly; and a discrete frame coupling structure is correspondingly positioned on each of the at least 4 sides of the other of the aperture or recess or each of the at least 4 sides of the pocket assembly.
Chi further teaches the aperture or recess (5 in Annotated Figure 1 below) defines at least 4 sides (6, 7, 8, 9 in Annotated Figure 1 below) and the pocket assembly (20) defines at least 4 sides (6, 7, 8, 9 in Annotated Figure 1 below); a discrete rim coupling structure (30) is positioned on each (as seen in Figure 1) of the at least 4 sides of one of the aperture or the recess (5 in Annotated Figure 1 below) or each of the at least 4 sides (6, 7, 8, 9 in Annotated Figure 1 below) of the pocket assembly (20); and a discrete frame coupling structure (40) is correspondingly positioned on each of the at least 4 sides (6, 7, 8, 9 in Annotated Figure 1 below) of the other of the aperture or recess (5 in Annotated Figure 1 below) or each of the at least 4 sides (6, 7, 8, 9 in Annotated Figure 1 below) of the pocket assembly (20). (Figs. 1-6; Col. 2, Lines 17-30)
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 Hsieh, modified above, and substitute a zipper engagement multiple snap-fit engagements as taught by Chi. Wherein using simple substitution of one known element for another to obtain predictable results; one would be motivated to substitute the zipper engagement for multiple snap-fit engagements in order to provide the user with a sturdy and convenient method of attaching the pocket assembly to the shell.
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Regarding Claim 4, Hsieh, modified above, teaches all of the elements of the invention described in claim 1 above:
Hsieh further teaches wherein the at least one shell (31) includes the rim coupling structure (53) formed along the portion of the edge portion (51); and the pocket assembly (4) includes the frame coupling structure (52). (Figs. 1-3; [0015]-[0018])
Regarding Claim 5, Hsieh, modified above, teaches all of the elements of the invention described in claim 1 above except: wherein: the frame coupling structure defines a U-shaped clamp or clip feature defining a slot, and the rim coupling structure defines a hook shaped feature, and the hook shaped feature is received in the slot and retained by the frame coupling structure in a snap-fit engagement.
Chi further teaches wherein: the frame coupling structure (40) defines a U-shaped clamp (41) or clip feature defining a slot (4110), and the rim coupling (30) structure defines a hook shaped feature (3231), and the hook shaped feature (3231) is received in the slot (4110) and retained by the frame coupling structure (40) in a snap-fit engagement (as a fastener). (Figs. 2A-2B; Col. 3, Lines 1-36)
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 Hsieh, modified above, and substitute a zipper engagement multiple snap-fit engagements as taught by Chi. Wherein using simple substitution of one known element for another to obtain predictable results; one would be motivated to substitute the zipper engagement for multiple snap-fit engagements in order to provide the user with a sturdy and convenient method of attaching the pocket assembly to the shell.
Regarding Claim 6, Hsieh, modified above, teaches all of the elements of the invention described in claim 1 above:
Hsieh further teaches wherein: the rim coupling structure (53) is integral with (as a zipper) and extends from the edge portion (51); and the frame coupling structure (52) is defined by a frame (periphery of 4) coupled to the pocket assembly (4). (Figs. 1-3; [0015]-[0018])
Regarding Claim 7, Hsieh, modified above, teaches all of the elements of the invention described in claim 6 above:
Hsieh further teaches wherein: the frame coupling structure (52) is an elongated feature (as zipper tape) extending along a side of the pocket assembly (4). (Figs. 1-3; [0015]-[0018])
Regarding Claim 8, Hsieh, modified above, teaches all of the elements of the invention described in claim 6 above except: wherein the frame comprises: a plurality of sides, and a plurality of frame coupling structures including at least one frame coupling structure positioned on and extending at least partially along each of the plurality of sides.
Chi further teaches wherein a frame (20) comprises: a plurality of sides (6, 7, 8, 9 in Annotated Figure 1 above), and a plurality of frame coupling structures (40) including at least one frame coupling structure (40) positioned on and extending (wherein 40 occupies a length of the frame 20) at least partially along each of the plurality of sides (6, 7, 8, 9 in Annotated Figure 1 above). (Figs. 1-6; Col. 2, Lines 17-30)
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 Hsieh, modified above, and substitute a zipper engagement multiple snap-fit engagements as taught by Chi. Wherein using simple substitution of one known element for another to obtain predictable results; one would be motivated to substitute the zipper engagement for multiple snap-fit engagements in order to provide the user with a sturdy and convenient method of attaching the pocket assembly to the shell.
Regarding Claim 12, Hsieh, modified above, teaches all of the elements of the invention described in claim 4 above:
Hsieh further teaches wherein: the edge portion (51) includes at least one corner region, the corner region includes a corner rim coupling structure (53), the pocket assembly (4) includes: a corner portion (11, 12, 13, 14 in Annotated Figure 3 above) including a corner frame coupling structure (53), and the corner rim coupling structure (53) supports the corner frame coupling structure (52). (Figs. 1-3; [0015]-[0018])
Regarding Claim 13, Hsieh, modified above, teaches all of the elements of the invention described in claim 4 above except: wherein: a rim coupling structure defines a rib; and the frame coupling structure contacts the rib to limit movement of the frame coupling structure relative to the rim coupling structure.
Chi further teaches wherein: the rim coupling structure (30) defines a rib (3231); and the frame coupling structure (40) contacts the rib (3231) to limit movement of the frame coupling structure (40) relative to the rim coupling structure (30). (Figs. 2A-2B; Col. 3, Lines 1-36)
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 Hsieh, modified above, and substitute a zipper engagement multiple snap-fit engagements as taught by Chi. Wherein using simple substitution of one known element for another to obtain predictable results; one would be motivated to substitute the zipper engagement for multiple snap-fit engagements in order to provide the user with a sturdy and convenient method of attaching the pocket assembly to the shell.
Regarding Claim 14, Hsieh, modified above, teaches all of the elements of the invention described in claim 1 above:
Hsieh further teaches wherein: the pocket assembly (4) includes at least four sides (6, 7, 8, 9 in Annotated Figure 3 above) and at least four corner portions (11, 12, 13, 14 in Annotated Figure 3 above), and the aperture or the recess (10 in Annotated Figure 3 above) is defined by at least four sides (6, 7, 8, 9 in Annotated Figure 3 above) and at least four corner regions (11, 12, 13, 14 in Annotated Figure 3 above) of the edge portion (51). (Figs. 1-3; [0015]-[0018])
Regarding Claim 15, Hsieh, modified above, teaches all of the elements of the invention described in claim 1 above:
Hsieh further teaches wherein the aperture or the recess (10 in Annotated Figure 3 above) is a recess (10 in Annotated Figure 3 above) having a bottom wall (15 in Annotated Figure 3 above), or an opening extending into an interior region of the at least one shell, or an opening formed in a bottom wall of a recess defined in the at least one shell. (Figs. 1-3; [0015]-[0018])
Allowable Subject Matter
Claims 9-11 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:
Regarding Claim 9, Hsieh (US 20070045370 A1), in view of Chi (US 5971119 A), is considered the most relevant prior art of record. The prior art of record does not teach:
Wherein: the rim coupling structure includes: a head portion the frame coupling structure includes a base flange defining the slot, the frame coupling structure corresponds to the rim coupling structure, and the head portion is received in the slot to selectively couple the frame coupling structure and the rim coupling structure.
Since the prior art of record does not a a base flange defining a slot, the prior art does not anticipate the claimed subject matter. Furthermore, it would not have been obvious to a skilled artisan to have modified the prior art in order to arrive at the claimed invention without resorting to impermissible hindsight.
Conclusion
The prior art made of record and not relied upon is considered pertinent to the applicant’s disclosure.
Wu (US 20180206605 A1), teaches luggage with a front pocket assembly.
Weisner (US 20130186792 A1), teaches a tab bag.
Tong (US 20070125815 A1), teaches a combination suitcase.
Renn (US 7059371 B2), teaches a security handbag system.
Daley (US 20060113203 A1), teaches a computer bag.
Vasudeva (US 5887715 A), teaches a tool case with snap-in modules.
Schultheiss (US 4122925 A), teaches a combined suitcase and briefcase.
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
/DON M ANDERSON/Primary Examiner, Art Unit 3733