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 .
Priority date of 06/13/2018 based on PCT/EP2018/ 0657132 is acknowledged.
Applicant made the election of Group 1, directed to the embodiment in figures1-4, without traverse, in the response dated 05/18/2026 is acknowledged.
The specification is objected to: the first to fourth recesses in claim 17 have no antecedent basis in the specification.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4). The disclosure discloses show different embodiments, e.g., fig. 2 and 9 while using the same numerals for different embodiments including the handle. The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because applicant uses the same reference character to designate different parts, e.g., 252, 232. Note that these parts are constructed differently.
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Claim 18 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.
Regarding claim 18, the specification fails to teach how one of ordinary skill in the art to make “each top carry handle and each side carry handle is biased to retract into its respective recess when not in use”. There is no discussion of any biasing mechanism being used in the two types of disclosed handles.
Claim 7 is 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.
In claim 7, it is unclear what structure comprises the “first to fourth respective recesses”. The specification does not provide antecedent basis for these numbered recesses.
Double patenting:
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
This application 19/023724
US 11712094
13. A luggage article comprising:
a housing comprising
first and second shell portions,
the housing defined by opposing front and rear panels, opposing top and bottom panels, and
opposing left and right panels;
a first upper corner region (at 510/536) defined by the intersection of at least the top panel and the right panel, and
a first top carry handle (538/510) positioned at or near the first upper corner region; and
a first side carry handle (522) positioned on the right panel.
1. A luggage article comprising:
a housing defined by first and second shell portions pivotably connected together at a split line;
the housing defining a front major face, a rear major face, and
a plurality of minor faces extending between the front and rear major faces, wherein the front and rear major faces have a width dimension greater than each of the plurality of minor faces; the split line extending along the front and rear major faces of the housing;
the housing defining
opposing front and rear panels, opposing top and bottom panels and
opposing right and left panels; a plurality of spinner wheel assemblies connected to the bottom panel; a first upper corner region defined by the intersection of at least the top panel and the right panel;
a first top carry handle positioned at or near the first upper corner region;
a first side carry handle positioned on the right panel of the housing; and
a retractable tow handle connected to the rear major face of the housing, the tow handle comprising a grip portion received in a recess in the housing.
Claims 2, 4, 5, and 13-23 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims of U.S. Patent No. 1,1712,094. Although the claims at issue are not identical, they are not patentably distinct from each other because: the claim of ‘094 encompasses all claimed limitation at least 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.
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 2, 4, 5, 13-16, and 20-23 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Yu (20190142123).
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Further, the inner shell 151 or 152 is concealed when the luggage container 100 is closed in a single container configuration in which the first compartment 101 and the second compartment 102 are coupled via a fastener 103. Furthermore, the inner shell 151 or 152 is exposed in a dual container configuration in which the first compartment 101 and the second compartment 102 are completely detached from each other when the fastener 103 is open, the inner shell serving as another outer shell for the first or second compartment in the dual container configuration.
each of the first compartment 101 and the second compartment 102 includes an outer shell 141 or 142, a pair of wheels 121 or 122, a telescopic pull handle 111 or 112 that is retractable and extendable, at least one carrying handle 131 or 132, at least one foot stand, and an inner shell 151 or 152.
Regarding claim 13, Yu teaches a luggage article comprising: a housing comprising first and second shell portions (101 and 102), the housing defined by opposing front and rear panels, opposing top and bottom panels, and opposing left (at panel where handle 131) and right (oppososite of panel where handle 131 at) panels, a first upper corner region (at 112) defined by the intersection of at least the top panel and the right panel, and a first top carry handle (112) positioned at or near the first upper corner region; and a first side carry handle (note the shell 102 is the same as the shell 101 and have the same handle 131) positioned on the right panel as cited above.
Regarding claim 2, the first and second shell portions are pivotably connected together by a hinge positioned along a portion of a split line (zipper 103), the hinge defining a pivot axis in fig. 1B.
Regarding claim 4, note the open configuration the first and second shell portions define peripheral rims (formed between each portion of zipper 103) and the top opening zipper (at 152-2 fig. 2B) defining respective openings into a storage space, each opening having a length greater than its width.
Regarding claim 5, note the storage space in each shell portion is deeper than it is wide as show above in fig. 1A.
Regarding claim 14, note a second upper corner region defined by the intersection of at least the top panel and the left panel (at 111); a second top carry handle (111) positioned at or near the second upper corner region; and a second side carry handle (131) positioned on the left panel.
Regarding claim 15, note each top carry handle (111, 112) and each side carry handle (131) is positioned along a centerline of the luggage between the front and rear panels of the housing.
Regarding claim 16, note each side carry handle (131) extends parallel to a height dimension between the top and bottom panels of the housing.
Regarding claim 19, note each top carry handle (at 111/112) with opposing ends connected to the housing (via the two tubes structure at the two ends) and the side handle 131, each has a grip and includes a grip with opposing ends connected to the housing.
Regarding claim 20, each top carry handle (111/112) extends perpendicular to each side carry handle.
Regarding claim 21, note a plurality of spinner wheel (122) assemblies connected to the bottom panel.
Regarding claim 22, note in an open configuration, the first and second shell portions define peripheral rims defining respective openings into a storage space (similar to claim 4), and wherein, when said spinner wheel assemblies engage with the ground, each opening has a height (length) greater than its width.
Regarding claim 23, note the storage space in each of the first and second shell portions is deeper than it is wide (similar to claim 4).
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Yu (20190142123) in view of Mark et al. (3572870). Yu teaches each top carry handle (111, 112) being positioned within the recesses defined in the housing. Yu does not teach the side carry handle (131) being positioned within recesses defined in the housing.
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Mark teaches that it is known in the art to provide recess (at 1 and in fig. 1 and 8) for a similar carry handle. It would have been obvious to one of ordinary skill in the art before the effective filing date to provide the recesses for the side handle as taught by Mark to provide a smooth surface prevent snagging on luggage.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Yu rejection, as set forth above with claim 17, and further in view of Chen (5530990). The Yu rejection with Mark teaches the biasing of the carry handle. Yu does not teach the biasing top handle 111/112. Chen teaches that it is known in the art to provide biasing elements at 27 for the top handles. It would have been obvious to one of ordinary skill in the art before the effective filing date to provide each top carry handle and each side carry handle to be biased to retract into its respective recess when not in use as taught by Mark or Chen to allow one to access the handle quickly.
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 on (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
Prosecution Insights