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 .
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the following claimed features must be shown, without entering any new matter:
Claims 16-18,20-24 and 31-32 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.
Regarding claim 16, it is unclear what comprises first or second sections, the specification fails to define what comprises first or second sections. Note: a) The specification defines front side 3, and top wall 6, the tab formed on the front section 3, b) With the recitation “a tab disposed on the first luggage section”, the specification seems to define the first section as “the front section” which is portion 3. From the disclosure figs. 4b and 3 figs. 3 and shows the pocket 23 on the outside of surface of portion 23 and the outer surface of the top wall 6 in fig. 3.
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c) Claim 31 further recites the pocket comprises an interior volume bounded by an interior surface of the tab and the first luggage section. The tab shown in fig. 4b at 23 is formed by the portion 23 which recited as “the interior surface of the tab” and the outer first luggage section which is portion 6. It seems that the pocket is formed only on the top wall which contradicts the teaching in the specification that the tab formed on the front section 3.
SET I:
Claims 16-18, 20-21, and 31-32 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Siegel (3117607) or in the alternative under 35 U.S.C. 103 as being unpatentable over Siegel in view of Sabbah (7971764).
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(20) The inner side of flap 32 is lined with an opaque sheet plastic liner 44. A transparent plastic band 45 is secured to the narrower end of the liner 44. This band is generally trapezoidal in form. It defines a pocket P1 with liner 44. The pocket is open at its wider end. This open end of the pocket is located below the upper, narrower closed end of the pocket when the flap is closed by the slide fasteners SI, S2, as shown in FIGS. 1 and 3.
Regarding claim 16, Siegel teaches a first luggage section, a second luggage section, a tab (flap 32) disposed on the first luggage section and comprising a folded state (fig. 3) and
an unfolded state (fig. 4) and a tensioning mechanism (the zipper and/or portion 38, note that at “tensioning zipper” is broad in which dependent claim 21 reciting merely a “release fastener” and either the zipper or portion 38 comprises the claimed “release fastener” as claimed) coupled to the tab and configured to compress the luggage item when the tab is disposed in the folded state, and wherein the tab and the first luggage section form a pocket (45) configured for carrying the luggage item when the tab is disposed in the unfolded state, and wherein an exterior surface of the tab covers the pocket when the tab is disposed in the folded state in fig. 1.
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In the alternative, Sabbah teaches that it is known in the art to provide tensioning mechanisms `being the strap and bucklet at 57+56). It would have been obvious to one of ordinary skill in the art before the effective filing date to provide the tensioning mechanism as taught by Sabbah to access the flap easily and/or to accommodate different contents.
Regarding claim 17, the first section is the front section and the second section comprises the top side of the luggage item as claimed.
Regarding claim 18, note that the term “gripping state” does not impart any structure over the device in Siegel. Also, note that a user can grip the edge of the pocket 45 can be gripped to access the contents inside.
Regarding claim 20, note the pocket comprises a trapezoidal shape and
a trapezoidal base (24), and wherein the trapezoidal base at (P1) is disposed at an opening of the pocket.
Regarding claim 21, either the zipper or the fastener at 38/39 comprises the claimed releasable fastener.
Regarding claim 31, the pocket comprises an interior volume bounded by
an interior surface of the tab and the first luggage section as claimed.
Regarding claim 32, the pocket faces downward when the tab is disposed in the unfolded state.
SET II:
Claims 16-18, 22-24, and 31-32 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Greenstein et al. (20030024960), or in the alternative under 35 U.S.C. 103 as being unpatentable over Greenstein in view of Sabbah’764.
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Front flap 80 has a full width pouch receptacle identified as pocket 98. Each of these pockets is of a similar construction. Pocket 92 covers the left half of rear pocket wall 80 while pocket 94 covers the top right quarter of rear pocket wall 82 and pocket 96 covers the right bottom corner of rear pocket wall 82. Pocket 98 covers most of front flap 80. Pockets 92, 94, 96 and 98 are defined by the rear pocket wall 82 (or in the case of pocket 98 by the inner surface of front flap 80) and liner panels 100.
Regarding claim 16, Greenstein teaches a luggage item comprising a first section (flap 80), a second luggage section (the front backpack portion in fig. 3) a tab disposed on the first luggage section and comprising a folded state (closed by zipper) and an unfolded state (fig. 3; and a tensioning mechanism coupled to the tab and configured to compress the luggage item when the tab is disposed in the folded state, i.e., note that “tensioning zipper” is broad in which dependent claim 21 reciting merely a “release fastener” and zipper 90 comprises the claimed “release fastener” as claimed. Also, the zipper 90 can hold contents inside pocket and inside the front compartment in tension. The tab and the first luggage section form a pocket (98) configured for carrying the luggage item when the tab is disposed in the unfolded state, and wherein an exterior surface of the tab covers the pocket when the tab is disposed in the folded state.
In the alternative, Sabbah teaches that it is known in the art to provide tensioning mechanisms `being the strap and bucklet at 57+56). It would have been obvious to one of ordinary skill in the art before the effective filing date to provide the tensioning mechanism as taught by Sabbah to access the flap easily and/or to accommodate different contents.
Regarding claim 17, the first section is the front section and the second section comprises the top side of the luggage item as claimed.
Regarding claim 18, the pocket 90 can be gripped in the unfolded state as claimed.
Regarding claim 22, note the two carrying straps configured to carry the luggage item on a back of a user in a vertical orientation.
Regarding claim 23, note the carrying straps are configured to be simultaneously gripped by the user with one hand to carry the luggage item in a horizontal orientation due to the connecting zipper in the same manner.
Regarding claim 24, note the each carrying strap has a wide section and a narrow section as claimed. 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, i.e., the two straps, without the zipper can be placed into contact and to be carried in the horizontal manner as applicant’s
Regarding claim 31, the pocket comprises an interior volume bounded by
an interior surface of the tab and the first luggage section as claimed.
Regarding claim 32, the pocket faces downward when the tab is disposed in the unfolded state.
SET III:
Claims 16-18, 20-24, and 31-32 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Vigny (EP1275323).
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Regarding claim 16, Vigny teaches a luggage item, comprising: a first luggage section;
a second luggage section; a tab (34) disposed on the first luggage section and comprising a folded state (figs. 3 and 4) and an unfolded state (figs. 2, 8); and a tensioning mechanism (42/) coupled to the tab and configured to compress the luggage item when the tab is disposed in the folded state, and wherein the tab and the first luggage section form a pocket (26) configured for carrying the luggage item when the tab is disposed in the unfolded state, and wherein an exterior surface of the tab covers the pocket when the tab is disposed in the folded state.
Regarding claim 17, note a front side and the other of the luggage sections is a top side of the luggage item.
Regarding claim 18, note the pocket can be gripped in the opening at 40.
Regarding claim 20, note the flap at 34 fig. 1 having a trapezoidal shape and a trapezoidal base (at connection with 36), and wherein the trapezoidal base is disposed at an opening (at 40) of the pocket.
Regarding claim 21, the tensioning mechanism comprises a releasable fastener being the buckle.
Regarding claim 22-24, note the two shoulder straps at 14 and has a wide section and a narrower section in fig. 1, and the two straps can be placed together to be carried like a duffle bag as claimed.
Regarding claim 31, the pocket comprises an interior volume bounded by an interior surface of the tab (at 34) and the first luggage section (at 30).
Regarding claim 32, note the opening at 40 fig. 8 faced downward.
SET IV:
Claims 16-18, 20-24, and 31-32 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Albritton (7604102).
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Regarding claim 16, Albritton teaches a luggage item, comprising: a first luggage section;
a second luggage section; a tab (the trapezoidal in figs. 1, fig. 4, or the wall formed by portion 780 ) disposed on the first luggage section and comprising a folded state (figs. 3 and 4) and an unfolded state (figs. 1, 4, and 8); and a tensioning mechanism (at 120/142 and hook in fig. 2) coupled to the tab and configured to compress the luggage item when the tab is disposed in the folded state, and wherein the tab and the first luggage section form a pocket (at 20/24) configured for carrying the luggage item when the tab is disposed in the unfolded state, and wherein an exterior surface of the tab covers the pocket when the tab is disposed in the folded state.
Regarding claim 17, note front side and the other of the luggage sections is a top side of the luggage item.
Regarding claim 18, note the pocket can be gripped in the opening at the pocket or the zipper tab.
Regarding claim 20, note the flap having a trapezoidal shape and a trapezoidal base (at 36 fig. 1), and wherein the trapezoidal base is disposed at an opening (at 22) of the pocket.
Regarding claim 21, the tensioning mechanism comprises a releasable fastener being the hook 12 and loop 120.
Regarding claims 22-24, note the two shoulder straps in fig. 15 and has a wide section and a narrower section, and the two straps can be placed together to be carried like a duffle bag as claimed.
Regarding claim 32, note the opening of pockets faced downward.
Applicant’s arguments with respect to the claims have been considered but are moot because the new ground of rejections.
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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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
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