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 .
Claims 25-30 are withdrawn from further consideration. Applicant made the election of Group 1, directed to the embodiment in figures 1-4, without traverse, in the response dated 01/23/2026 is acknowledged.
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.
Claims 16-19 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Meggitt et al. (US 12507773).
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Regarding claim 16, Meggitt teaches a luggage item, comprising: a first luggage section; a second luggage section; a tab (the trapezoidal portion about 18 in figs. 1 and 2); and a tensioning mechanism (29), wherein the first or second luggage section is configured to be tensioned relative to the other luggage section via the tab and the tensioning mechanism (300), and wherein the tab comprises a gripping device for carrying the luggage item (50).
Regarding claim 17, note the luggage section is a front side (at wall having 42b) and the other of the luggage sections is a top side of the luggage item (having portion 18) in fig. 8 similar to that of applicants.
Regarding claim 18, note the tab comprises a gripping state in which the tensioning mechanism is released and the gripping device is configured to be gripped by a user (for hanging e.g. fig. 4E), and wherein the tab comprises a tensioned state (fig. 8) in which the tensioning mechanism is engaged and the gripping device is configured to be released by the user.
Regarding claim 19, note the gripping device 70 is formed on a side of the tab (back side opposite the zipper side in fig. 2), and wherein the tab faces towards the other luggage section in the tensioned state in fig. 8.
SET II:
Claim 16 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Thibadeau (D860639 or Thule Subterra Backpack 34L).
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Regarding claim 16, Thibadeau teaches a first luggage section, a second luggage section, a tab; and a tensioning mechanism, wherein the first or second luggage section is configured to be tensioned relative to the other luggage section via the tab and the tensioning mechanism, and wherein the tab comprises a gripping device for carrying the luggage item.
Regarding claim 21, note the tensioning mechanism comprises a releasable fastener (buckle) configured to releasably connect the tab with the other luggage section.
Regarding claim 22, note the two carrying straps configured to carry the luggage item on a back of a user in a vertical orientation in fig. 3.
Regarding claim 23, note carrying straps are configured to be simultaneously gripped by the user with one hand to carry the luggage item in a horizontal orientation. Note that one can grab the carrying straps either both or at the connecting pieces in fig. 3 to carry the device in a horizontal orientation as claimed.
Regarding claim 24, note the carrying straps each comprise a wide section, wherein the wide section is configured to form a shoulder support to carry the luggage item on the back of the user, and wherein the carrying straps each comprise a narrow section, wherein the narrow sections are configured to be brought into contact with each other to form a handle to carry the luggage item in the horizontal orientation.
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SET III:
Claim 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shamas (20030234269).
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Regarding claim 16, Shamas teaches a first luggage section, a second luggage section, a tab (flap 8); and a tensioning mechanism (note the buckle on front flap 8), wherein the first or second luggage section is configured to be tensioned relative to the other luggage section via the tab and the tensioning mechanism, and wherein the tab comprises a gripping device for carrying the luggage item. Note the gripping device being the handle 14 attached to an edge of the tab (flap 8). Also note that the “gripping device” is broad, therefore the pocket opening formed by the zipper, each side of the opening can be used to grip the device or the zipper is also is gripped in order to open the opening. Regarding the tensioning mechanism, note that “tensioning mechanism” is broad and does not read over the buckle device on the flap, i.e., depending on the contents inside the device the tab (flap 8) is tensioned over the contents since the buckle keep the device from opening.
Regarding claim 17, note the tab connect a front side to a top side of the luggage item.
Regarding claim 18, note the grip handle can be gripped and released when the tensioning mechanism (buckle) is released or engaged.
Regarding claim 19, gripping device (handle 14) is formed on a side of the tab, and the tab (flap 8) faces towards the other luggage section (the front) in the tensioned state.
Regarding claim 21, note the tensioning mechanism comprises a releasable fastener (buckle) configured to releasably connect the tab with the other luggage section.
Regarding claim 22, note the two carrying straps configured to carry the luggage item on a back of a user in a vertical orientation at 12.
Regarding claim 23, note carrying straps are configured to be simultaneously gripped by the user with one hand to carry the luggage item in a horizontal orientation. Note that one can grab the carrying straps either both or at the connecting pieces to carry the device in a horizontal orientation as claimed.
Regarding claim 24, note the carrying straps each comprise a wide section at the shoulder pad section and comprise a narrow section where it attached to a narrow strap, wherein the narrow sections are configured to be brought into contact with each other to form a handle as claimed. Note that the claim does not impart any structure of the two shoulder devices in Shamas.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Shamas ‘269 in view of Lee (US 20180295960). Shamas teaches a pocket, with respect to the pocket being configured to be gripped with fingers of a user, note that the pocket openings can be gripped with two hands to open widely the opening as claimed and each side can be gripped. The claimed gripping device does not impart any structure over the edge at the openings of the pocket. Shamas does not teach the tab (flap 8) being trapezoidal shape. Lee teaches that it is known in the art to provide a flap of trapezoidal shape.
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a front flap 13 that has an approximately trapezoidal shape.
It would have been obvious to one of ordinary skill in the art before the effective filing date to provide the flap of Shamas of a trapezoidal shape as taught by Lee to provide the desired shape for the flap. Note the pocket of Shamas in the trapezoidal flap shape as taught by Lee inherently has a trapezoidal shape and a trapezoidal base and the trapezoidal base is disposed at the opening.
SET IV:
NPL: Thule Subterra 2 Duffel Bag 35L
On sale: 04/07/2022 at https://www.paradisebaggage.com/shop/thule-subterra-2-duffel-35l/
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Claims 16-23 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by (Thule Subterra 2 Duffel Bag 35L, hereinafter Subterra2)
Regarding claim 16, Subterra2 teaches a first luggage section, a second luggage section, a tab; and a tensioning mechanism (snap fastener for the tab), wherein the first or second luggage section is configured to be tensioned relative to the other luggage section via the tab and the tensioning mechanism, and wherein the tab comprises a gripping device (Opening or Strap or Zipper) for carrying the luggage item. Note that the “gripping device” is broad, therefore the pocket opening formed by the zipper, each side of the opening can be used to grip the device or the zipper is also is gripped in order to open the opening. Regarding the tensioning mechanism, note that “tensioning mechanism” is broad and does not read over the fastening device (snap) on the tab, i.e., depending on the contents inside the bag the snap is tensioned over the contents since the snap keep the device from opening.
Regarding claim 17, note the tab connect a front side to a top side of the luggage item.
Regarding claim 18, note the grip handle can be gripped and released as claimed.
Regarding claim 19, gripping device (Opening or Strap or Zipper) is formed on a side of the tab, and the tab faces towards the other luggage section (the front) in the tensioned state.
Regarding claim 20, note gripping device is a pocket configured to be gripped with fingers of a user, wherein there is pocket above the zipper comprises a trapezoidal shape and a trapezoidal base, and wherein the trapezoidal base is disposed at an opening of the pocket. Note the pocket is substantially the same construction as applicant.
Regarding claim 21, note the tensioning mechanism comprises a releasable fastener (snap) configured to releasably connect the tab with the other luggage section.
Regarding claim 22, note the two carrying straps can to carry the luggage item on a back of a user in a vertical orientation as claimed.
Regarding claim 23, note carrying straps are configured to be simultaneously gripped by the user with one hand to carry the luggage item in a horizontal orientation.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over the Subterra2. In the alternative, note that the tab is a trapezoidal shape similar to that of applicants, to the degree is argued that there is no pocket of a trapezoidal shape, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide a cavity above the zipper opening where the strap is attached forming the claimed pocket of a trapezoidal shape to store additional small contents.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TRI M MAI whose telephone number is (571)272-4541. The examiner can normally be reached 8am-5pm (Mon-Friday).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathan Jenness can be reached at (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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TRI M. MAI
Examiner
Art Unit 3733
/TRI M MAI/Primary Examiner, Art Unit 3733