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 .
Applicant’s election of Group I claims 1-16 in the reply filed on 5/20/2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claims 17-29 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected group, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 5/20/2026.
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 5-8 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 which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 5 recites the limitation “the plurality of textile panels further comprises a first side panel and a second side panel, wherein: the first side panel is spaced apart longitudinally from the second side panel, and each of the plurality of pockets is disposed between the first side panel and the second side panel”. It is unclear how to interpret this limitation. It is unclear if the “first side panel” is the same as the “first front panel” recited in claim 1 or another panel, since the instant specification recites in para. 0037, “the side panel 210 could be considered a front panel of the carrying bag and the side panel 220 could be considered a back panel of the carrying bag 110”. For examination purposes, it will be assumed the “first side panel” is the same structure as the “first front panel”. Claims 6-8 are rejected for their dependency on claim 5.
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 and 5-10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lown et al. US 2007/0175787 A1.
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With regards to claim 1, Lown (embodiment shown in Fig. 35AB) discloses a carrying bag for transporting articles, the carrying bag comprising: a plurality of panels 280A-F joined to define a plurality of pockets including a first pocket and a second pocket, each of the plurality of pockets configured to receive an article for carrying, the first pocket having a first front panel 280A and first back panel 280C from the plurality of panels, the second pocket having a second front panel 280D and a second back panel 280E from the plurality of panels, the first back panel 280C joined to the second front panel 280D to form two or more joints (shown in Fig. 35B), the first back panel 280C and the second front panel 280D defining an interstitial void (shown above and described at the end of para. 0031 and 0128) of flexible dimension therebetween.
Lown discloses carrying bag that is capable of transporting articles in cool thermally insulated pockets, therefore it is capable of transporting biomaterials, since such a limitation is considered intended use.
With regards to claim 2, Lown (embodiment shown in Fig. 35AB) discloses the interstitial void (shown above) of flexible dimension is configured to facilitate separation of the first pocket (shown above) and the second pocket (shown above) for access thereto.
With regards to claim 3, Lown (embodiment shown in Fig. 35AB) discloses each of the plurality of panels 280A-F is a textile panel. (para. 0035)
With regards to claim 5, Lown (embodiment shown in Fig. 35AB) discloses the plurality of textile panels 280A-F further comprises a first side panel 280A and a second side panel 280B, wherein: the first side panel 280A is spaced apart longitudinally from the second side panel 280B, and each of the plurality of pockets (shown above) is disposed between the first side panel and the second side panel.
With regards to claim 6, Lown (embodiment shown in Fig. 35AB) discloses a first handle (at 281A) coupled to a first top portion of the first side panel 280A and a second handle (at 281B) coupled to a second top portion of the second side panel 280B.
With regards to claim 7, Lown (embodiment shown in Fig. 35AB) discloses responsive to separating the first handle (at 281A) from the second handle (at 281B) the carrying bag 400M is transitioned to an open configuration.
With regards to claim 8, Lown (embodiment shown in Fig. 35AB) discloses in the open configuration, each of the plurality of pockets (shown above) comprises a mouth (shown above), the mouth of the first pocket includes an opening defined between a top portion of the first front panel 280A and a top portion of the first back panel 280C, the top portion of the first front panel defines a first obtuse angle with a bottom portion of the first front panel, the top portion of the first back panel defines a second obtuse angle with a bottom portion of the first back panel, and the opening of the mouth of the first pocket includes an opening angle between the top portion of the first front panel and the top portion of the first back panel that is between 10 degrees and 180 degrees (depending on the positioning of the panels).
With regards to claim 9, Lown (embodiment shown in Fig. 35AB) discloses the two or more joints (285/286; shown in Fig. 35B and described in para. 0140-0141 and 235-236) further comprises: a first seam coupling the first back panel to the second front panel, the first seam extending in a lateral direction and defining a bottom joint for each the first back panel and the second front panel, and a second seam coupling the first back panel to the second front panel, the second seam extending in the lateral direction, the first seam disposed vertically opposite the first seam.
With regards to claim 10, Lown (embodiment shown in Fig. 35AB) discloses the first pocket (shown above) comprises a first pocket seam and a second pocket seam, the first pocket seam 285 and the second pocket seam 285 each couple the first front panel to the first back panel, the first pocket seam extends in a vertical direction and defines a first side joint for the first pocket, the second pocket seam 285 extends in the vertical direction and defines a second side joint for the first pocket, and the first side joint is disposed on an opposite side in the lateral direction from the second side joint.
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 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lown et al. US 2007/0175787 A1.
With regards to claim 4, Lown (para. 0035) discloses the panels may be made of a textile but it does not specifically disclose the textile panel for each of the plurality of panels comprises cellulosic fibers.
It would have been obvious to one having ordinary skill in the art at the time the invention was made to have the textile panel for each of the plurality of panels comprise cellulosic fibers, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. MPEP 2144.07
Claim(s) 11-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lown et al. US 2007/0175787 A1.
With regards to claim 11, Lown (embodiment shown in Fig. 35AB) discloses a carrying bag for transporting articles, the carrying bag comprising: a first side panel 280A comprising a first handle (at 281A); a second side panel 280B comprising a second handle (at 281B); and a plurality of pockets (shown above comprising a first side pocket, a second side pocket, and a middle pocket disposed between the first side pocket and the second side pocket, each of the plurality of pockets configured to form an opening that converges into a cavity of the respective pocket from a first cross-sectional area to a second cross-sectional area in response to separating the first handle from the second handle.
Lown discloses a middle pocket but it does not specifically disclose a plurality of middle pockets disposed between the first side pocket and the second side pocket. Lown recites in para. 0237, the container region may be adjusted to modify the number of pockets. Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the container to have a plurality of middle pockets, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. MPEP 2144.07
Lown discloses carrying bag that is capable of transporting articles in cool thermally insulated pockets, therefore it is capable of transporting biomaterials, since such a limitation is considered intended use.
With regards to claim 12, Lown (embodiment shown in Fig. 35AB) discloses the first handle (at 281A) extends vertically from the first side panel 280A above the opening defined by the first side pocket (shown above), and the second handle (at 281B) extends vertically from the second side panel 280B above the opening defined by the second side pocket (shown above).
With regards to claim 13, Lown (embodiment shown in Fig. 35AB) in combination with the duplication of parts teaching, discloses each of the plurality of middle pockets (shown above) comprises: a front panel 280D; and a back panel 280E, the front panel coupled to the back panel of a first adjacent pocket in the plurality of pockets, the back panel coupled to a second adjacent pocket in the plurality of pockets.
With regards to claim 14, Lown (embodiment shown in Fig. 35AB) in combination with the duplication of parts teaching, discloses the front panel 280D of each of the plurality of middle pockets (shown above) is coupled to the back panel 280E of the first adjacent pocket in the plurality of pockets along a bottom seam 285 extending laterally across the front panel, and the front panel of each of the plurality of middle pockets is coupled to the back panel of the first adjacent pocket in the plurality of pockets along a top seam 284/286 extending laterally across the front panel.
With regards to claim 15, Lown (embodiment shown in Fig. 35AB) in combination with the duplication of parts teaching, discloses each of the plurality of middle pockets (shown above) includes: a first pocket seam 285 that couples the front panel 280D to the back panel 280E, a second pocket seam 285 that couples the front panel to the back panel, the first pocket seam extends in a vertical direction and defines a first side joint for the respective middle pocket, the second pocket seam extends in the vertical direction and defines a second side joint for the respective middle pocket, and the first side joint is disposed on an opposite side in a lateral direction from the second side joint. (285/286; shown in Fig. 35B and described in para. 0140-0141 and 235-236)
With regards to claim 16, Lown (embodiment shown in Fig. 35AB) discloses the first side pocket (shown above) is formed from a first sheet 280A configured in a flat pattern, and the second side pocket (shown above) is formed from second sheet 280B configured in the flat pattern.
In accordance to MPEP 2113, the method of forming the device is not germane to the issue of patentability of the device itself. Therefore, this limitation has not been given patentable weight. Please note that even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product, i.e. first and second side pocket of the carrying bag, does not depend on its method of production, i.e. a sheet configured in a flat pattern. In re Thorpe, 227 USPQ 964, 966 (Federal Circuit 1985).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENINE SPICER whose telephone number is (313)446-4924. The examiner can normally be reached 9:00am-5:00pm, Monday-Thursday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Orlando E. Avilés can be reached at (571) 270-5531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JENINE SPICER/Examiner, Art Unit 3736
/ORLANDO E AVILES/Supervisory Patent Examiner, Art Unit 3736
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