Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Priority date of 10/29/2010 based on 61/408346 is acknowledged (note fig. 8).
Claim 9 is 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 original disclosure does not teach “the zipper track is recessed relative to an outermost surface of the left side along the entire length of the left side”. The left side comprises the hinge portion (shown in 61/408346) connecting the two shells maintaining the opened and closed positions, a) the hinge are not in the recessed area nor aligned with the outer most surfaces, b) from fig. 23, the zipper is not recessed relative to an outermost surface of the left side along the entire length of the left side recessed relative to an outermost surface of the left side along the entire length of the left side.
Claims 1-12 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.
The recitation “the assembly is aligned with the outermost surfaces” is confusing. The term “align” is defined as “place or arrange (things) in a straight line”. In this case, a) the specification does not provide any definition of how the assembly (the zipper) is aligned with the outermost surfaces, b) Fig. 8 shows no part of the zipper align (in a straight line) with the outer surface, and
PNG
media_image1.png
392
1303
media_image1.png
Greyscale
c)the issue is further confused by the recitation “the zipper is entirely aligned relative to the outermost portions” in claim 9. The claim recites “the zipper track is recessed relative to an outermost surface of the left side along the entire length of the left side”. The left side comprises the hinge portion (shown in 61/408346) connecting the two shells maintaining the opened and closed positions, d) the hinge does not seem to be in the recessed area nor aligned with the outer most surfaces, e) from fig. 23, the zipper is not recessed relative to an outermost surface of the left side along the entire length of the left side recessed relative to an outermost surface of the left side along the entire length of the left side. Please explain.
PNG
media_image2.png
797
459
media_image2.png
Greyscale
PNG
media_image3.png
962
429
media_image3.png
Greyscale
Double Patenting:
This instant application: 19/021,609
Patent US12,514,349
1. A luggage piece, comprising:
a base;
a lid pivotally joined to the base to pivot between at least
a first position where the base and the lid define
a substantially enclosed space and
a second position to allow access to the substantially enclosed space; the lid and the base together defining
an area recessed relative to outermost surfaces of the lid and the base when the lid and base are configured in the first position; and
an assembly
for maintaining the lid and the base in the first position, the assembly joined to the lid and the base at least within the recessed area.
2. The luggage piece of claim 1, wherein the assembly comprises a zipper.
such that the assembly is aligned with the outermost surfaces.
1. A luggage piece comprising:
a base;
a lid pivotally joined to the base to pivot between at least
a first position where the base and the lid define
a substantially enclosed space and
a second position to allow access to the substantially enclosed space; the lid and the base together defining
an area recessed relative to outermost surfaces of the lid and the base when the lid and base are configured in the first position; and
a zipper
for maintaining the lid and the base in the first position, the zipper joined to the lid and the base at least within the recessed area
such that the zipper is recessed relative to the outermost surfaces of the lid and the base within the recessed area; wherein: the zipper includes a zipper track and a zipper slider and a zipper tab; the luggage piece further comprises a front side, a rear side, a left side, a right side, a top side and a bottom side, the lid being defined by the front side and portions of the right, left, top and bottom sides, the base being defined by the rear side and remaining portions of the right, left, top and bottom sides, and the right side being formed to define a pair of recessed area sidewalls that extend from the outermost surfaces of the right side toward the enclosed space; a recessed area flange extends from each of the recessed area sidewalls proximate an inner recessed area sidewall end portion of its respective recessed area sidewall generally transversely from its respective recessed area sidewall towards the other recessed area sidewall, wherein each recessed area flange ends proximate the recessed area flange extending from the other recessed area sidewall; and the zipper track is joined to the recessed area flanges
such that the zipper is aligned with the outermost surfaces.
Claims 1-12 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims of U.S. Patent No. 12,514,349. Although the claims at issue are not identical, they are not patentably distinct from each other because: at least the claim 1 of the U.S. Patent No. 12,514,349 encompasses all claimed limitations in claim 1, as set forth supra. Also, it would have been obvious to one of ordinary skill in the art to eliminate limitations to broaden the claim and/or when they are not needed.
Applicant requests the double patenting rejection to be held in abeyance in the response dated 06/03/2026 is noted. The rejections stand in view that no Terminal Disclaimer being filed.
Claims 1-12 are rejected under 35 U.S.C. 102(b) as being anticipated by Tamoschat (2218666).
PNG
media_image4.png
261
948
media_image4.png
Greyscale
PNG
media_image5.png
818
945
media_image5.png
Greyscale
Regarding claim 1, Tamoschat teaches a luggage piece comprising: a base (16 fig. 2), a lid (12 fig.2) pivotally joined to the base to pivot between at least a first position where the base and the lid define a substantially enclosed space and a second position (open position fig. 4) to allow access to the substantially enclosed space; the lid and the base together defining an area recessed (see examiner’s picture ) relative to outermost surfaces (note that outermost surfaces comprises all outer surfaces of the device as defined by applicant’s specification) of the lid and the base when the lid and base are configured in the first position; and an assembly being the zipper (20) for maintaining the lid and the base in the first position, the zipper joined to the lid and the base (at 46 and 50) at least within the recessed area (see examiner’s picture).
Regarding the new limitation “such that the assembly is aligned with the outermost surfaces”, note the outer most surfaces comprise the outside surfaces of all the sides of the wall, and note that the zipper in Tamoschat is align to at least two lines along the length of the zipper to the outside surface as noted above.
Regarding claim 3, note the zipper track is recessed relative to the outermost surfaces of the sides of the luggage piece along the length of the zipper track in fig 1.
Regarding claim 4, note the piano-type hinge at 18.
Regarding claim 5, note the base (16 fig. 2) includes a first shell that defines at least a first outer portion of the base and the lid includes a second shell (11 fig. 2) that defines at least a first outer portion of the lid; wherein a first segment of the zipper is joined to the first and second shells on inner facing surfaces of the first and second shells (note portion 19 of the zipper is joined to the inner surface at about 16 in fig. 3 and 23 in fig. 5); and the thicknesses of the first and second shells is sufficiently large so that along at least the first segment of the zipper, at least a portion of the zipper track (at 19 or 20) is recessed relative to the outermost portions of the first and second shells that are proximate the zipper.
Regarding claim 6, note the first and second shells are sufficiently large such that along the first segment of the zipper, the zipper is entirely aligned relative to the outermost portions of the first and second shells that are proximate to the zipper similar to that of Applicant’s.
Regarding claim 7, the lid and the base are further defined by a front side, a rear side, a right side, a left side, a top side, and a bottom side, wherein the assembly is a zipper positioned along at least portions of the right, left, top, and bottom sides, and the zipper includes a zipper track at 20; and wherein a first segment of the zipper track is recessed relative to an outermost surface of at least the top side such that the zipper is aligned with the outermost surface of the top side.
Regarding claim 8, note the slider, and the recess defined in the front side, the rear side, the right side, the left side, the top side, and the bottom side for the zipper track is sufficiently deep such that no portion of the slider extends beyond the outermost surface of the respective side.
Regarding claims 9-12, note the zipper track is recessed relative to an outermost surface of the left side along the entire length of the left side, the right side and the top side and the bottom side depending on the position carrying the device since claims 9-12 are separately dependent on claim 7.
Claims 1-3, and 5-12 are rejected under 35 U.S.C. 102(b) as being anticipated by Kish, Jr (3158238).
PNG
media_image6.png
354
956
media_image6.png
Greyscale
PNG
media_image7.png
547
508
media_image7.png
Greyscale
Regarding claims 1 and 2, Kish teaches a luggage piece comprising: a base (20/21), a lid (21/20) pivotally joined to the base to pivot between at least a first position where the base and the lid define a substantially enclosed space and a second position to allow access to the substantially enclosed space; the lid and the base together defining an area recessed (see examiner’s picture ) relative to outermost surfaces (at top surface at 45, fig. 9) of the lid and the base when the lid and base are configured in the first position; and an assembly being the zipper (40) for maintaining the lid and the base in the first position, the zipper joined to the lid and the base (at 46 and 50) at least within the recessed area.
Regarding the new limitation “such that the assembly is aligned with the outermost surfaces”, note the outer most surfaces comprise the outside surfaces of all the sides of the wall, and note that the zipper in Kish, Jr. is align to at least two lines along the length of the zipper to the outside surface as noted above.
Regarding claim 3, note the zipper track is recessed relative to the outermost surfaces of the sides of the luggage piece along the length of the zipper track in figs 2 and 4.
Regarding claim 5, note the base (21 fig. 4) includes a first shell that defines at least a first outer portion of the base and the lid includes a second shell (20 fig. 4) that defines at least a first outer portion of the lid; wherein a first segment of the zipper is joined to the first and second shells on inner facing surfaces of the first and second shells (; and the thicknesses of the first and second shells is sufficiently large so that along at least the first segment of the zipper, at least a portion of the zipper track is recessed relative to the outermost portions of the first and second shells that are proximate the zipper.
Regarding claim 5, note the base (21 fig. 4) includes a first shell that defines at least a first outer portion of the base and the lid includes a second shell (20 fig. 4) that defines at least a first outer portion of the lid; wherein a first segment of the zipper is joined to the first and second shells on inner facing surfaces of the first and second shells (note portion the zipper is joined to the inner surface at 50); and the thicknesses of the first and second shells is sufficiently large so that along at least the first segment of the zipper, at least a portion of the zipper track is recessed relative to the outermost portions of the first and second shells that are proximate the zipper.
Regarding claim 6, note the first and second shells are sufficiently large such that along the first segment of the zipper, the zipper is entirely aligned relative to the outermost portions of the first and second shells that are proximate the zipper similar to that of Applicant’s.
Regarding claim 7, the lid and the base are further defined by a front side, a rear side, a right side, a left side, a top side, and a bottom side, wherein the assembly is a zipper positioned along at least portions of the right, left, top, and bottom sides, and the zipper includes a zipper track at 20; and wherein a first segment of the zipper track is recessed relative to an outermost surface of at least the top side such that the zipper is aligned with the outermost surface of the top side.
Regarding claim 8, note the slider, and the recess defined in the front side, the rear side, the right side, the left side, the top side, and the bottom side for the zipper track is sufficiently deep such that no portion of the slider extends beyond the outermost surface of the respective side.
Regarding claims 9-12, note the zipper track is recessed relative to an outermost surface of the left side along the entire length of the left side, the right side and the top side and the bottom side depending on the position carrying the device since claims 9-12 are separately dependent on claim 7.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Kish Jr. in view of Younessian (5755311). Kish teaches the material:
For example, the luggage piece100 shown in Figs. 1-15 depicts a hybrid construction that includes components of a relatively rigid, semi-rigid, hard, or semi-hard material (collectively "harder material") and a relatively soft or non-rigid material (collectively "softer material").
Kish meets all claimed limitations except for the piano-type hinge. Younessian teaches that it is known in the art to provide a piano-hinge type.
The pivotable connection preferably is by a pair or more of hinges 71,71', or a single length of piano hinge, or the like. Accordingly, the lid shell 40 may by swung upward from base shell 80 to expose the interior storage space of the case, or may be lowered to completely enclose and define the interior space.
It would have been obvious to one of ordinary skill in the art to provide piano-type hinge as taught by Younessian to provide added rigidity and security.
Applicant's arguments have been fully considered but they are not persuasive. Regarding the new limitation that the assembly is aligned with the outermost surfaces. As set forth above, this limitation is confusing, i.e., a) the specification does not provide any definition of how the assembly (the zipper) is aligned with the outermost surfaces, b) Fig. 8 shows no part of the zipper align (in a straight line) with the outer surface, and
PNG
media_image1.png
392
1303
media_image1.png
Greyscale
c)the issue is further confused by the recitation “the zipper is entirely aligned relative to the outermost portions” in claim 9. The claim recites “the zipper track is recessed relative to an outermost surface of the left side along the entire length of the left side”. The left side comprises the hinge portion (shown in 61/408346) connecting the two shells maintaining the opened and closed positions, d) the hinge does not seem to be in the recessed area nor aligned with the outer most surfaces, e) from fig. 23, the zipper is not recessed relative to an outermost surface of the left side along the entire length of the left side recessed relative to an outermost surface of the left side along the entire length of the left side. Also, note that “outer surfaces” as defined is broad comprising all outer areas, and Kish, Jr. teaches this limitation as the zipper in Kish, Jr. is aligned, or in a straight line, with the outer surfaces as shown in the examiner’s drawing below:
PNG
media_image6.png
354
956
media_image6.png
Greyscale
Regarding the argument that the Kish’s shell halves are not molded to include recess area, the Examiner submits: a) note that the claims do not require to shells to be molded nor the recessed area to be of integrally molded with the shell at all, b) a recess is broadly claimed. Note that “recess” is defined as a hollow space inside something. In this case the recessed area comprises empty spaces and the zipper of Kish teaches empty spaces bounded by the inner surfaces of the luggage and the walls of trims of portion 45.
PNG
media_image8.png
338
692
media_image8.png
Greyscale
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).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
TRI M. MAI
Examiner
Art Unit 3733
/TRI M MAI/Primary Examiner, Art Unit 3733
Prosecution Insights