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 shoulder strap, the pull rod frame and the back pad are all on a same plane in claims 1, 10, and 17, the plane,
Claims 1-5, 8-13, and 17-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for pre-AIA the inventor(s), at the time the application was filed, had possession of the claimed invention. The specification fails to teach how one of ordinary skill in the art to make “the shoulder strap, the pull rod frame and the back pad are all on a same plane” in claims 1, 10, and 17. Fig. 3 shows the back pad 301 and the shoulder strap 3011 are overlapped and they are NOT in the same plane. Note that the term plane is defined as “a flat surface on which a straight line joining any two points on it would wholly lie” or “a flat level surface of a material object”. Basically, this limitation requires the shoulder strap, the pull rod frame and the back pad are all in the same flat plane.
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Claims 1-5, 8-13, and 17-20 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.
It is unclear what comprises the plane in claims 1, 10 and 17. Please identify the recited plane in the drawing. Note that “a plane” is defined as “a flat surface on which a straight line joining any two points on it would wholly lie” or “a flat level surface of a material object”.
Claim Rejections - 35 USC § 103
Claims 1-3, 8, and 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Scicluna (5984154) in view of Kao (10130161).
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A container of a flexible material is attached to the bottom chassis and the towing handle support tubes, the container having a bottom wall, side walls, a top wall, a front wall, a main rear wall and a secondary rear wall.
Regarding claim 1, Scicluna teaches comprising a bag body, wherein the bag body is provided with an accommodating cavity, and the accommodating cavity is provided with a pull rod frame 32 and a shoulder strap 50 assembly positioned inside the pull rod frame (fig. 2); and the shoulder strap assembly comprises an opening configured for allowing the shoulder strap to extend out of the accommodating cavity at (fig. 3). Scicluna meets all claimed limitations except for the shoulder strap mounted on a back pad and a detachable mechanism is disposed between the back pad and the accommodating cavity, and the shoulder strap assembly is detachably connected with the accommodating cavity through the detachable mechanism.
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(34) The pack body 10 further comprises a receiving pocket 12D formed at the back side 11 of the pack body 10 to receive the back supporting member 36D. As shown in FIG. 7, the receiving pocket 12D is formed at the top edge of the pack body 10. In particular, the receiving pocket 12D comprises a pocket leaf 121D having one affixing edge firmly affixed to the pack body 10 and an opposed detachable edge detachably coupling at the back side 11 of the pack body 10 to overlap the pocket leaf 121D thereon so as to form a pocket cavity between the pocket leaf 121D and the back side 11 of the pack body 10. The width of the pocket leaf 121D is slightly smaller than a length of the attachment member 361D, such that the attachment member 361D can be tightly wrapped within the pocket cavity of the pocket leaf 121D. It is appreciated that the detachable edge of the pocket leaf 121D can be detachably coupled at the back side 11 of the pack body 10 via snap buttons, button and button hole attachment, hook and loop fasteners, zippers, or the like. Therefore, the wearer is able to change the resilient unit 31D by detaching the resilient unit 31D from the receiving pocket 12D and by re-attaching the desired resilient unit 31D with proper tension thereof to the receiving pocket 12D.
Note the claim requires only a shoulder strap “a shoulder strap mounted on the back pad”. Kao, in fig. 4, teaches that it is known in the art to provide shoulder strap assembly mounted on a back pad 311A and a shoulder strap 21 mounted on the back pad 311A and a detachable mechanism at 351A/352A is disposed between the back pad and the accommodating cavity, and the shoulder strap assembly is detachably connected with the accommodating cavity through the detachable mechanism. It would have been obvious to one of ordinary skill in the art before the effective filing date to provide the shoulder straps mounted on a back pad using a detachable mechanism as taught by Kao to distribute force allowing the user to carry the backpack comfortably. Kao also teaches that it is known in the art to provide shoulder straps 21 mounted on a back pad 361D and a detachable mechanism at 121D is disposed between the back pad and the accommodating cavity, and the shoulder strap assembly is detachably connected with the accommodating cavity through the detachable mechanism. It would have been obvious to one of ordinary skill in the art before the effective filing date to provide the shoulder straps mounted on a back pad using a detachable mechanism at taught by Kao to distribute force allowing the user to carry the backpack comfortably.
Regarding the new limitation “the shoulder strap, the pull rod frame and the back pad are all on a same plane” in claims 1, 10 and 17, note that applicant’s disclosure of figs. 1, and 4 do not show the shoulder strap, the pull rod frame and the back pad are all on a same plane as cited above in 112(a) rejection. Rather, the shoulder strap 3011 overlaps the back pad 301 and both the shoulder strap 3011 overlaps the back pad 301 are put inside the space defined by the pull rod frame. This is the same structure as the Scicluna in view of Kao, i.e., the connection connections at the backpad 361A or 361D and shoulder straps 21 in Kao are placed inside the space defined by the pull rod frame at 32 shown in fig. 2.
Regarding claim 2, note the modified device of Scicluna in view of Kao with the mounting plates (32A/121D) of Kao, as set forth supra, would be located at an inner side of the pull rod frame and the mounting plate is between an inner wall of the accommodating cavity and the back pad.
Regarding claim 3, note the detachable mechanism comprises a first connector and a second connector respectively disposed on the mounting plate (at 352A) and the back pad (at 351A).
Regarding claim 8, note the hard mounting part at 13 in Scicluna.
Regarding claim 17, note the accommodating cavity is provided with an opening configured for allowing the shoulder strap to extend out of the accommodating cavity; and the opening is detachably connected with a cover (30) configured for closing the opening (fig. 1).
Regarding claim 18, note the cover 30 is flexible and rollable in to fig. 6.
Regarding claim 19, note the zipper at 64.
Regarding claim 20, note the groove is defined as a space within the cover and the inner wall, portion 20 and the two handle frames 32 comprise a similar groove or cavity in fig.2 to accommodate the insertion of shoulder straps 50 as claimed.
Claims 4-5 are rejected under 35 U.S.C. 103 as being unpatentable over the Scicluna rejection, as set forth above, and further in view of Gaudillere (8914951). Scicluna does not teach first connector is provided with a first barb and a first hook groove, and the second connector is provided with a second barb and a second hook groove.
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. (12) The two permanent magnets 17, 23 are formed for example by cylindrical studs out of magnetized magnetic material, said studs being aligned according to the longitudinal axis XY. The permanent magnets 17, 23 can be made out of a ferrous material (iron, steel, nickel, cobalt, etc.) or out of ferrite. Each permanent magnet 17, 23 includes a pole N and a pole S, respectively located at each end of the studs. The poles of the two permanent magnets 17, 23 opposite each other have opposite magnetic polarities so as to create a magnetic attraction effect between them.
Gaudillere teaches that it is known in the art to provide two connectors for a buckle with one is provided with a first barbs (at 26) and a first hook groove (between 26 and 16), and the second connector is provided with a second barbs (protrusions on portion 20) and a second hook groove (about 21, fig. 1) for mating. It would have been obvious to one of ordinary skill in the art before the effective filing date to provide the connectors, each with barbs and grooves as taught by Gaudillere to provide an alternative fastening buckle to enable one to connect/disconnect easily.
Regarding claim 5, note the first barb is engaged with the second hook groove, and the second barb is engaged with the first hook groove in figs. 1 and 2 of Gaudillere.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Scicluna rejection, as set forth in paragraph 4, and further in view O’shea (5782325). Scicluna meets all claimed limitations except for the mounting part is provided with mounting holes, the rollers are provided with studs, and the studs are inserted into and screwed with the mounting holes.
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O’shea teaches that it is known in the art to a mounting part is provided with mounting holes (where screws 51), the rollers are provided with studs 52, and the studs are inserted into and screwed (at 51) with the mounting holes. It would have been obvious to one of ordinary skill in the art before the effective filing date to mounting part is provided with mounting holes, the rollers are provided with studs, and the studs are inserted into and screwed with the mounting holes as taught by O’shea to provide the desired construction for attaching the wheels to the luggage.
SET II:
Claims 1-3, 8-13, and 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Hafif (20040238303) in view of Crimaldi (9949557).
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The backpack 10 includes a handle 11, a main compartment 12, a front compartment 13, shoulder straps 14 with clips 15, and a flap 16 with snaps 17 or other closures, such as a zipper, Velcro, clips, buttons, and the like.
Regarding claims 1, Hafif teaches a bag body, wherein the bag body is provided with an accommodating cavity, and the accommodating cavity is provided with a pull rod frame (23) and a shoulder strap (14) assembly positioned inside the pull rod frame (note the strap can be placed inside in fig. 4). Note the term “cavity” is broad encompassing storage outside of the main compartment as applicant’s device is located on the back outside compartment. Hafif’s cavity similarly comprises the outside compartment formed by cover 16 for storage of at least a portion of the handle frame. Hafif meets all claimed limitations except for the and the shoulder strap assembly comprises a back pad and the shoulder strap mounted on the back pad, and the accommodating cavity is provided with an opening configured for allowing the shoulder strap to extend out of the accommodating cavity; and the back pad is provided with an extension end extending towards the opening for increasing a thickness of the back pad and preventing the back of a human body from contacting the pull rod frame.
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The mounting system includes one or more, two or more, or even three or more, mounting points that create a detachable connection between the bag and harness system and permits the wearer to remove the bag from their back whenever they need a less encumbered access to the bag component and/or to remove the backpack bag from the user's back while still wearing the harness.
In another embodiment, bag component 102 and harness component 104 can be designed to totally release from one another and become two separate components when desired to be taken apart by a wearer. Further, since in one embodiment the bag component and harness component of the present invention are completely separable, the bag component could be made to be interchangeable to permit the user/wearer to choose between different sizes, colors and/or designs so as to permit such user/wearer to change the bag component of their backpack system as required by an activity and/or as desired based on any number of factors including, but not limited to, weather, fashion choice, size requirements, water-resistance, etc.
(10) In one embodiment, as can be seen in FIGS. 1A, 1B and 2, harness component 104 comprises two shoulder straps 112, a waist strap 114 and a back plate 116. In another embodiment, shoulder straps 114 could be replaced by a single bifurcated shoulder strap having, for example, an X-shaped member slightly above the top end of back plate 116. In still another embodiment, shoulder straps 112 and waist strap 114 can be replaced by any system and/or arrangement of straps that allow the backpack system 100 to be comfortably worn by a user. As such, the present invention is not limited to any one particular arrangement of straps to permit a user to wear same.
Crimaldi teaches that it is known in the art to provide assembly comprises a back pad 116 (fig. 5) and the shoulder strap (112) mounted on the back pad, and the accommodating cavity of
and the back pad, and a detachable mechanism at 210/218 being disposed between the back pad and the accommodating cavity, and the shoulder strap assembly is detachably connected with the accommodating cavity through the detachable mechanism. It would have been obvious to one of ordinary skill in the art before the effective filing date to provide a detachable back pad and the shoulder strap mounted on the back pad, and the accommodating cavity of and the back pad, and a detachable mechanism of Crimaldi in Hafif to remove the backpack when not needed.
Regarding the new limitation “the shoulder strap, the pull rod frame and the back pad are all on a same plane” in claim 1, 10, and 17, the modification of using the detachable backing of Crimaldi in Hafif meet this limitation, i.e., a) as set forth above, Crimaldi teaches the harness component which includes the backing member 116 to be of different sizes and the strap can have different design, one of ordinary skill in the art would find that it is obvious to provide the back pad to be attached between the handle frame 23 of Hafif so that the two shoulder strap and be easily placed on the shoulders of the wearer without interference from the handle frame structure, b) even it is argued that the placement of shoulder strap of Crimaldi in Hafif would result in the overlapping of the handle frame 23 of Hafif overlapping the back member 116 of Crimaldi. As set forth above, note that applicant’s disclosure of figs. 1, and 4 do not show the shoulder strap, the pull rod frame and the back pad are all on a same plane as cited above in 112(a) rejection. Rather, the shoulder strap 3011 overlaps the back pad 301. Basically, the limitation “on the same plane” would including the overlapping of handle frame 23 of Hafif overlapping the back member 116 of Crimaldi.
Regarding claim 2, note accommodating cavity is further fixedly provided with
a mounting plate 124 located at an inner side of the pull rod frame, and the mounting plate is located between an inner wall of the accommodating cavity and the back pad 116.
Regarding claims 3 and 12-13, note the detachable mechanism comprises a first connector and a second connector respectively disposed on the mounting plate and the back pad at 210/128.
Regarding claim 8, note the bag body is provided with a hard mounting part at 27, on which rollers 26 are detachably mounted in Hafif.
Regarding claim 9, note the wherein the mounting part is provided with mounting holes (through 31 fig. 1) and the rollers 26 are mounted by the mounting holes via the axle 25.
Regarding claim 10, note that Crimaldi teaches an extension end (similar to applicant’s extension end, the back pad 116 comprises extending end towards the opening (either the upper or lower portions of the back compartment of Hafif) in the cavity formed by the cover 16 of Hafif. The back pad in Hafif also increases thickness of the back pad as claimed and preventing the back of a human body from contacting the pull rod frame (due to the cover 16 of Hafif).
Regarding claim 11, note the extension end extends from the inner side of the pull rod frame in the modified device of Hafif in view of Crimaldi, i.e., the rod frame 23 will be on the outside of 113 when placed on the device of Hafif.
Regarding claim 17, note the cover at 16.
Regarding claim 18, note the cover 16 is flexible and capable of being rolled as claimed.
Regarding claim 19, note the cover 16 can be closed by a zipper as cited above.
Regarding claim 20, note that when the device of Crimaldi being placed on the device of Hafif, there is a groove formed between the two handle frames 23 and the back 116 of Crimaldi and an inner surface of the cover 16, and the portions handles 112 of Crimaldi can be placed in this groove.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over the Hafif rejection in view of Stearns et al. (11825918). Hafif does not teach the connector with the first barb is engaged with the second hook groove, and the second barb is engaged with the first hook groove (claim 5),
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The magnetic portions 16, 18 maintain their magnetic holding force to keep the portions together during the sliding movement between the locked, unlocked and intermediate positions, with the interlock portions 20, 22 providing a supplemental mechanical holding force when they interact with each other. The sliding movement of the coupling members 12, 14 in the plane P facilitates the coupling and uncoupling of the members 12, 14 as well as the ability of the device 10 to carry a load as will be described below.
Stearns teaches that it is known in the art to provide two connectors one is provided with a first barbs (22) and a first hook groove (between 22), and the second connector is provided with a second barbs (20) and a second hook groove (between 20) for mating. It would have been obvious to one of ordinary skill in the art before the effective filing date to provide the connectors, each with barbs and grooves as taught by Stearns to provide an alternative fastening connector to enable one to connect/disconnect easily. Regarding claim 5, note Stearns teaches the first barb is engaged with the second hook groove, and the second barb is engaged with the first hook groove in fig. 2 and 3 of Stearns.
Applicant's arguments have been fully considered but they are not persuasive. Applicant asserts that a) Sciluna does not disclose that the shoulder strap, the pull rod frame and the back pad are all on a same plane. b) applicant also asserts that the Kao reference focus on the detachable functionality of the backpack carrying system or the bag body, and Kao does not disclose or provide any technical inspiration to arrange the pull rod frame, back pad, and shoulder strap in a single plane-a specific spatial configuration.
As set forth above, new limitation “the shoulder strap, the pull rod frame and the back pad are all on a same plane”, note that applicant’s disclosure of figs. 1, and 4 do not show the shoulder strap, the pull rod frame and the back pad are all on a same plane as cited above in 112(a) rejection. Rather, the shoulder strap 3011 overlaps the back pad 301 and both the shoulder strap 3011 overlaps the back pad 301 are put inside the space defined by the pull rod frame. This is the same structure as the Scicluna in view of Kao, i.e., the connection connections at the back pad 361A or 361D and shoulder straps 21 in Kao are placed inside the space defined by the pull rod frame at 32 shown in fig. 2.
Regarding the assertion that the combination does not show or suggest, the accommodating cavity is provided with a pull rod frame and a shoulder strap assembly positioned inside the pull rod frame; and the shoulder strap assembly comprises a back pad and a shoulder strap mounted on the back pad, and the accommodating cavity is provided with an opening configured for allowing the shoulder strap to extend out of the accommodating cavity. Regarding the accommodating cavity is provided with a pull rod frame and a shoulder strap assembly positioned inside the pull rod frame, note that this limitation is clearly taught in Scicluna in which the handle straps are within the pull rod frame 32 similar to that of applicant’s. The modification with Kao would also resulted in the back panel 361D and 311A also resulted in the back panel of Kao to be within the pull rod frame 32 of Scicluna.
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Regarding the combination of Scicluna and Kao, using the attachment of Kao for the attachment of the two straps of Scicluna does not go beyond one or ordinary skill in the art. Since one of ordinary skill would recognize using the detachable system of Kao in Scicluna
note that both Scicluna and Kao are directed to same art of providing shoulder straps in a luggage container. Also, Kao provide explicit motivation for using such attachment system including the absorbing a bouncing force and also for evenly distributing a loading force of the pack body to each of the shoulder straps:
A backpack includes a pack body, two length-adjustable shoulder straps extended from the pack body for allowing the wearer to wear the pack body at the wearer's back, and a suspension arrangement which includes a resilient unit provided between the pack body and the shoulder straps for absorbing a bounding force of the pack body. Therefore, the resilient unit allows a relative movement of the pack body with respect to each of the shoulder straps but minimizes the relative movement of the pack body by absorbing the bounding force of the pack body. The resilient unit is also arranged for evenly distributing a loading force of the pack body to each of the shoulder straps, such that the resilient unit absorbs the bounding force of the pack body at different directions so as to balance the uneven loading force at the pack body.
Regarding the combination of Hafif in view of Crimaldi, applicant asserts that the combination does not disclose a shoulder strap, a pull rod frame and a back pad are all on a same plane. As set forth above, the modification of using the detachable backing of Crimaldi in Hafif meet this limitation, i.e., a) as set forth above, Crimaldi teaches the harness component which includes the backing member 116 to be of different sizes and the strap can have different design, one of ordinary skill in the art would find that it is obvious to provide the back pad to be attached between the handle frame 23 of Hafif so that the two shoulder strap and be easily placed on the shoulders of the wearer without interference from the handle frame structure, b) even it is argued that the placement of shoulder strap of Crimaldi in Hafif would result in the overlapping of the handle frame 23 of Hafif overlapping the back member 116 of Crimaldi. As set forth above, note that applicant’s disclosure of figs. 1, and 4 do not show the shoulder strap, the pull rod frame and the back pad are all on a same plane as cited above in 112(a) rejection. Rather, the shoulder strap 3011 overlaps the back pad 301. Basically, the limitation “on the same plane” would including the overlapping of handle frame 23 of Hafif overlapping the back member 116 of Crimaldi.
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.
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
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