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 the claimed subject matter (sheath defines a pocket configured to receive an alignment stick) date back to 07/10/2024 based on figs. 37a-37b of 63/667258 is acknowledged.
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.
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This instant application 19050011
US 1,230,3007
A collapsible rolling luggage bag comprising:
a cover fixedly coupled to a base, wherein the cover comprises a front portion, a back portion, a first side portion, a second side portion opposite the first side portion,
and
a plurality of panels
defining a plurality of folds between each of the plurality of panels, wherein; the front portion is formed integrally with the base and is removably connected to the first side portion, the second side portion, and the base via a connection member; the first side portion and the second side portions are formed integrally with back portion and are removably connected to the base via the connection member; the first side portion and the second side portion pivot away from each other about respective folds between the respective side portion and the back portion when the front portion is at least partially removed;
the back portion comprises a first sheath and a second sheath wherein each sheath defines a pocket configured to receive an alignment stick;
the plurality of panels comprises a first panel zone proximate the base, a second panel zone adjacent the first panel zone in a direction away from the base, a third panel zone adjacent the second panel zone in a direction away from the base, a fourth panel zone adjacent the third panel zone in a direction away from the base, and a fifth panel zone adjacent the fourth panel zone in a direction away from the base; and the plurality of panels defines an interior chamber.
A rolling luggage bag comprising:
a cover fixedly coupled to a base, wherein the cover comprises a front portion, a back portion, a first side portion, and a second side portion opposite the first side portion,
wherein the front portion, the back portion, the first side portion, and the second side portion are each formed from a plurality of panels, arranged in a direction away from the base and
defining a plurality of folds between each of the plurality of panels, wherein; the front portion is formed integrally with the base and is removably connected to the first side portion, the second side portion, and the base via a connection member; the first side portion and the second side portions are formed integrally with back portion and are removably connected to the base via the connection member; the first side portion and the second side portion pivot away from each other about respective folds between the respective side portion and the back portion when the front portion is at least partially removed;
the plurality of panels comprises a first panel zone proximate the base, a second panel zone adjacent the first panel zone in a direction away from the base, a third panel zone adjacent the second panel zone in a direction away from the base, a fourth panel zone adjacent the third panel zone in a direction away from the base, and a fifth panel zone adjacent the fourth panel zone in a direction away from the base; the plurality of panels defines an interior chamber;
the base comprises a first side opposite a second side and a bottom face extending there between; a first wheel and a second wheel coupled to the base, the first and second wheels configured to rotate about an axis of rotation and separated by a first distance along the axis of rotation, at least a portion of each of the first and second wheels projecting from the first side and from the bottom face; and a third wheel and a fourth wheel coupled to the bottom face, the third and fourth wheels configured to independently swivel about a respective swivel axis and separated by a second distance extending between the respective swivel axes of the third and fourth wheels.
3. The collapsible rolling luggage bag of claim 1, wherein
the base comprises a first side opposite a second side and a bottom face extending there between; a first wheel and a second wheel coupled to the base, the first and second wheels configured to rotate about an axis of rotation and separated by a first distance along the axis of rotation, at least a portion of each of the first and second wheels projecting from the first side and from the bottom face; and a third wheel and a fourth wheel coupled to the bottom face, the third and fourth wheels configured to independently swivel about a respective swivel axis and separated by a second distance extending between the swivel axes.
the base comprises a first side opposite a second side and a bottom face extending there between; a first wheel and a second wheel coupled to the base, the first and second wheels configured to rotate about an axis of rotation and separated by a first distance along the axis of rotation, at least a portion of each of the first and second wheels projecting from the first side and from the bottom face; and a third wheel and a fourth wheel coupled to the bottom face, the third and fourth wheels configured to independently swivel about a respective swivel axis and separated by a second distance extending between the respective swivel axes
of the third and fourth wheels.
13. A collapsible rolling luggage bag comprising:
a cover fixedly coupled to a base, wherein the cover comprises a front portion, a back portion, a first side portion, a second side portion opposite the first side portion, and
a plurality of panels
defining a plurality of folds between each of the plurality of panels, wherein;
the front portion is formed integrally with the base and is removably connected to the first side portion, the second side portion, and the base via a connection member; the first side portion and the second side portions are formed integrally with back portion and are removably connected to the base via the connection member; the first side portion and the second side portion pivot away from each other about respective folds between the respective side portion and the back portion when the front portion is at least partially removed;
the back portion comprises
a first sheath and
a second sheath wherein each sheath defines a pocket configured to receive an alignment stick;
the plurality of panels comprises a first panel zone proximate the base, a second panel zone adjacent the first panel zone in a direction away from the base, a third panel zone adjacent the second panel zone in a direction away from the base, a fourth panel zone adjacent the third panel zone in a direction away from the base, and a fifth panel zone adjacent the fourth panel zone in a direction away from the base; and
the plurality of panels defines an interior chamber configured to receive a support.
13. A collapsible luggage bag comprising:
a cover fixedly coupled to a base, wherein the cover comprises a front portion, a back portion, a first side portion, and a second side portion opposite the first side portion,
wherein the front portion, the back portion, the first side portion, and the second side portion are each formed from
a plurality of panels,
arranged in a direction away from the base and
defining a plurality of folds between each of the plurality of panels, wherein;
the front portion is formed integrally with the base and is removably connected to the first side portion, the second side portion, and the base via a connection member; the first side portion and the second side portions are formed integrally with back portion and are removably connected to the base via the connection member; the first side portion and the second side portion pivot away from each other about respective folds between the respective side portion and the back portion when the front portion is at least partially removed;
the plurality of panels comprises a first panel zone proximate the base, a second panel zone adjacent the first panel zone in a direction away from the base, a third panel zone adjacent the second panel zone in a direction away from the base, a fourth panel zone adjacent the third panel zone in a direction away from the base, and a fifth panel zone adjacent the fourth panel zone in a direction away from the base;
the plurality of panels defines an interior chamber;
wherein the front portion of the second panel zone comprises a main front panel and a sub panel; wherein a height of the sub panel is similar to a height of the base near the front portion; the base comprises a first side opposite a second side and a bottom face extending there between; a first wheel and a second wheel coupled to the base, the first and second wheels configured to rotate about an axis of rotation and separated by a first distance along the axis of rotation, at least a portion of each of the first and second wheels projecting from the first side and from the bottom face; and a third wheel and a fourth wheel coupled to the bottom face, the third and fourth wheels configured to independently swivel about a respective swivel axis and separated by a second distance extending between respective the swivel axes of the third and fourth wheels.
wherein the base comprises a first side opposite a second side and a bottom face extending there between; a first wheel and a second wheel coupled to the base, the first and second wheels configured to rotate about an axis of rotation and separated by a first distance along the axis of rotation, at least a portion of each of the first and second wheels projecting from the first side and from the bottom face; Anda third wheel and a fourth wheel coupled to the bottom face, the third and fourth wheels configured to independently swivel about a respective swivel axis and separated by a second distance extending between the swivel axes.
wherein the base comprises a first side opposite a second side and a bottom face extending there between; a first wheel and a second wheel coupled to the base, the first and second wheels configured to rotate about an axis of rotation and separated by a first distance along the axis of rotation, at least a portion of each of the first and second wheels projecting from the first side and from the bottom face; and a third wheel and a fourth wheel coupled to the bottom face, the third and fourth wheels configured to independently swivel about a respective swivel axis and separated by a second distance extending between respective the swivel axes
of the third and fourth wheels.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims of US 1,230,007 in view of Brataas (US 12434797) teach all claimed limitation at least in claims 1 and 13, as set forth supra, except for the limitation of the back portion comprises a first sheath and a second sheath wherein each sheath defines a pocket configured to receive an alignment stick. 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.
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(19) The ribcage structure is formed of a number of strengthening rib sections in the form of panels, which can be inserted within pockets sewn into the material of the bag. Together, a number of rib sections form a rib which extends laterally all of the way around the bag. The regions between the rib sections comprise seams and the bag can be folded along these seams, but the rib sections themselves are not foldable. The rib sections abut each other at the seams, meaning that although the reinforcing panels forming the rib sections may not physically touch each other, they each contact the same seam on either side. In the case of the upper wall a zip or another fastening apparatus for opening and closing the lid of the bag may be present between the rib sections rather than a normal seam.
(21) The panels forming the rib sections may be removable or may be permanently sewn into the layered fabric of the bag. In some cases, the pockets configured to contain the ribs may be opened and closed using a Velcro® tab or similar in order to remove and/or replace them. In some cases, only the reinforcing rib sections on the sides of the bag may be removable, whilst the rib sections on the upper and bottom walls of the bag are permanently sewn in such that they cannot be removed without cutting through the exterior layers of the fabric of the bag. All of the reinforcing rib sections may be removable in some embodiments, but this will result in a more complex overall structure with many Velcro® seals, buttons, zips, or similar to keep the various pockets closed.
Regarding claims 1, and 13, Brataas teaches that it is known in the art to provide a first sheath and a second sheath (pockets for ribs) wherein each sheath defines a pocket configured to receive an alignment stick (ribs). It would have been obvious to one of ordinary skill in the art before the effective filing date to provide sheaths in the back portion to provide added protection during transit.
Regarding claim 13, regarding the limitation “and the plurality of panels defines an interior chamber configured to receive a support”, note that this limitation does not impart any structure on claim 13 since claim 13 recites “and the plurality of panels defines an interior chamber”, and the claimed support is recited only as an intended use.
Regarding claim 2, and 4-11, note the same limitation in claims 2, 4-11 of US’007.
Regarding claims 3 and 15, note the same limitation in claim 1 of US’007.
Regarding claim 16, note that the support and the alignment sticks are recited as intended use and do not read over the structure of ‘007 in view of Brataas.
Regarding claims 14, and 17-20, note the same limitation in claim 1 of US’007.
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 1-20 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.
Regarding claims 1 and 13, the claim recites a front portion, a back portion, a first side portion, a second side portion opposite the first side portion then recites “a plurality of panels” and “the plurality of panels comprises …a fifth panel zone adjacent the fourth panel zone in a direction away from the base; and the plurality of panels defines an interior chamber”. This plurality of panels seems to a double inclusion of a front portion, a back portion, a first side portion, a second side portion previously recited.
Regarding claims 1 and 13, the recitation “the front portion …is removably connected to the first side portion, the second side portion, and the base”. Note that this is incorrect since the front portion as disclosed is not removably connected to the base.
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 1, 4, 6, 7, 11-13, and 16-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Slater (20090255770).
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Regarding claims 1 and 13, Slater teaches a collapsible rolling luggage bag comprising a cover fixedly coupled to a base (28), wherein the cover comprises a front portion (34), a back portion (16), a first side portion (24), a second side portion (12) opposite the first side portion, and a plurality of panels defining a plurality of folds between each of the plurality of panels, wherein the front portion (34) is formed integrally with the base (28) and is removably connected to the first side portion, the second side portion via a connection member (zipper at 52 fig. 3) the first side portion and the second side portions are formed integrally with back portion (16) and are removably connected to the base via the connection member; the first side portion and the second side portion pivot away from each other (fig. 3) about respective folds between the respective side portion and the back portion when the front portion is at least partially removed
With respect to the back portion comprises a first sheath and a second sheath wherein each sheath defines a pocket configured to receive an alignment stick, note that sheath comprises the tube structure attached in fig. 8b having pocket for holding the sticks, which comprises the two telescoping handles.
With respect to first panel zone proximate the base, a second panel zone adjacent the first panel zone in a direction away from the base, a third panel zone adjacent the second panel zone in a direction away from the base, a fourth panel zone adjacent the third panel zone in a direction away from the base, and a fifth panel zone adjacent the fourth panel zone in a direction away from the base, note that the zones as recited broadly as portions from the recited a front portion, a back portion, a first side portion, and a second side portion. Each or the combinations of the front portion, a back portion, a first side portion, and a second side portion inherently have portions and these portions can be divided into first panel zone proximate the base, a second panel zone adjacent the first panel zone in a direction away from the base, a third panel zone adjacent the second panel zone in a direction away from the base, a fourth panel zone adjacent the third panel zone in a direction away from the base, and a fifth panel zone adjacent the fourth panel zone in a direction away from the base.
Regarding claims 4, and 17, note the first and second side portions pivot away from each other, the first side portion, the second side portion, and the back portion define a flat surface in fig. 3.
Regarding claim 6, note first and second side portions, each defines a bottom edge, and each define a portion of a perimeter of the first and second side portions, respectively.
Regarding claim 7, note the first portion of the connection member (zipper) defines a portion of a perimeter of the front portion, and a second portion of the connection member defines a portion of a perimeter of the first and second side portions and extends along the first and second bottom edges.
Regarding claim 11, as set forth above, the claimed zones including the second panel zone are merely portions in each the panels as set forth in claim 1 and there are portions that can be in trapezoidal in shape as claimed.
Regarding claim 12, as set forth above, the claimed zones including the second panel zone are merely portions in each the panels as set forth in claim 1, and note that the each of the first and second panel zones have variable stiffness in each of the panels due to the difference of material (note the mesh and solid panels) and/or the present of the pockets. Regarding the limitation the panels of the first panel zone have a greater stiffness than the panels of the second panel zone. There are portions in the first panel zone have a greater stiffness than the panels of the second panel zone, e.g. the at the pocket or solid portion being stiffer than the mesh portion.
Regarding claim 13, regarding the limitation “the plurality of panels defines an interior chamber configured to receive a support”, note that this limitation does not impart any structure over the device in Slater since “support” is an intended use.
Regarding claim 16, note the that the support and the alignment sticks are recited as intended use and do not read over the structures of Slater.
Claims 2, and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Slater in view of Bond-Madsen (US 5641199). Slater meets all claimed limitations except for the two sliders.
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Bond-Madsen teaches that it is known in the art to provide two sliders for a zipper in fig. 1B. it would have been obvious to one of ordinary skill in the art before the effective filing date to provide two sliders as taught by Bond-Madsen to enable easy opening/closing.
Claims 3, 9-10, 15, and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Slater in view of Waddell (US 6533086).
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Slater teaches a first side opposite a second side and a bottom face extending there between; a first wheel 62 and a second wheel coupled to the base, the first and second wheels configured to rotate about an axis of rotation and separated by a first distance along the axis of rotation, at least a portion of each of the first and second wheels projecting from the first side and from the bottom face. Slater does not teach a third wheel and a fourth wheel coupled to the bottom face, the third and fourth wheels configured to independently swivel (swivel type) about a respective swivel axis and separated by a second distance extending between the swivel axes.
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Waddell teaches that it is known in the art to provide a first wheel and a second wheel 50/50’ coupled to the base, the first and second wheels configured to rotate about an axis of rotation and separated by a first distance along the axis of rotation, at least a portion of each of the first and second wheels projecting from the first side and from the bottom face; and a third wheel 52’ and a fourth wheel 52 coupled to the bottom face, the third and fourth wheels configured to independently swivel about a respective swivel axis and separated by a second distance extending between the swivel axes. It would have been obvious to one of ordinary skill in the art before the effective filing date to provide a third wheel and a fourth wheel coupled to the bottom face, the third and fourth wheels as taught by Waddell to enable one to push the luggage easily.
Regarding claims 9 and 19, note the bag of Slater in view of Waddell is pivotable about the axis of rotation into a titled position such that the first and second wheels are in rolling contact with a surface, and the third and fourth wheels are removed from rolling contact with the surface, and wherein the rolling luggage bag is movable along the surface in a tilted position. In other words, the device of Slater in view of Waddell can be tilted and moved along the back wheels.
Regarding claim 10 and 20, note the bag of Slater in view of Waddell have all wheels all contact a surface as claimed.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Slater in view of Greiner (US 20060207697). Slater meets all claimed limitations except a first inner pocket near the first side portion, and a second inner pocket near the second side portion.
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Greiner teaches that it is known in the art to provide pockets at 30 on the first side and second side portions (20) (each pocket is near to its surrounding). It would have been obvious to one of ordinary skill in the art before the effective filing date to provide pockets at 30 on the first side and second side portions as taught by Greiner to hold the desired contents.
Claims 8 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Slater in view of Be (US 6679358). Slater meets all claimed limitations except for a plurality of rail members positioned in the second panel zone, and a plurality of rail extensions positioned on the base, wherein when the rolling luggage bag is in an upright position each rail member engages one of the pluralities of rail extensions to form a bumper that extends from the base along a portion of the cover.
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Be teaches that it is known in the art to provide rail members at 76c and 76d and a plurality of rail member extensions on the base and wherein when the collapsible luggage bag is in an upright position, each rail member engages one of the pluralities of rail extensions (note the sleeves on the wheel base 3 where the distal end of the sheath 72 inserted and the rail members at 76c and 76d must engage the rail extensions in order for the luggage 1 to seat onto the wheel base) to form a bumper that extends from the base along a portion of the cover. It would have been obvious to one of ordinary skill in the art before the effective filing date to provide the rail members and the rail member extensions as taught by Be to provide structural support for the sheath.
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TRI M. MAI
Examiner
Art Unit 3733
/TRI M MAI/Primary Examiner, Art Unit 3733
Prosecution Insights