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 .
This Office Action acknowledges the applicant’s preliminary amendment filed on 6/24/2026. Claims 1-3 and 5-20 are pending in the application. Claim 4 is cancelled.
Applicant’s election of Species II claims 1-3 and 5-17 in the reply filed on 6/24/2026 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)).
However, upon further review of the application, it appears the elected species Figures 13-17, does not disclose “a stretchable closure strap attached to at least two of the panels from the plurality of panels and stretchably pulling the at least two of the panels to change the flexible dimension of the interstitial void”. The specification does recite the elected embodiment can include a closeable stretchable member 1420/1430 similar to closeable stretchable member 10, however, it is simply used to couple the first side panel to the second side panel, to prevent them from being separated, not to close and change the dimensions of the voids. The closure strap from the elected embodiment could change the size of the larger pocket positioned atop, and not necessarily change the flexible dimensions of the interstitial void formed in the plurality of pockets, as recited in the claims of the non-elected embodiment. Therefore, Species II includes claims 12-20 and are hereby elected.
Claims 1-3 and 5-11 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 6/24/2026.
Drawings
The drawings are objected to under 37 CFR 1.83(a) because they fail to show how at least a portion of the plurality of panels defines a larger pocket positioned atop a combination of the first pocket and the second pocket to receive a larger article for carrying as described in the specification and the claims. Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. MPEP § 608.02(d). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities: Throughout the specification it includes the limitation “further defies”. It is assumed it should be “further “defines”.
Appropriate correction is required.
Claim Objections
Claim 12 are objected to because of the following informalities: Claim 12 recite the limitation “further defies”. It is assumed it should be “further “defines”. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 18 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 18 does not further limit the claim from which it depend. Claim 18 appears to repeat the same limitations recited in lines 2 and 3 of claim 17. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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) 12-13 and 17-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bale US 5,409,282.
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With regards to claim 12, Bale discloses a carrying bag 10, the carrying bag comprising: a first side panel 12/30 (on first side; shown above) comprising a first handle 14; a second side panel 12/30 (on second side; shown above) comprising a second handle 14; and a plurality of pockets 60 comprising a first side pocket (shown above), a second side pocket (shown above), and a plurality of middle pockets (shown above) 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, and wherein the first side panel and the second side panel further defines a larger pocket (shown above) positioned atop the plurality of pockets to receive a larger article for carrying therein.
Bale recites in Col 2:48-51, 4:25-30 and 4:41-49, the container is constructed of material durable and reliable enough to hold varying sizes of files and also a variety of objects such as an umbrella. Therefore, it is capable of carrying and transporting biomaterials depending on the biomaterial to be carried. Since such a limitation is considered an intended use.
With regards to claim 13, Bale discloses the first handle 14 extends vertically from the first side panel 12/30 (on first side; shown above) above the opening defined by the first side pocket (shown above), and the second handle 14 extends vertically from the second side panel 12/30 (on second side; shown above) above the opening defined by the second side pocket (shown above), wherein a stretchable closure strap (elastic 50; Col 4:14-24) extends between the first side panel and the second side panel and stretchably resists separation of the first side panel away from the second side panel.
With regards to claim 17, Bale discloses a carrying bag comprising: a first side panel 12/30 (on first side; shown above) comprising a first handle 14; a second side panel 12/30 (on second side; shown above) comprising a second handle 14; and wherein the first side panel and the second side panel further defines a first pocket 60 (shown above) for receiving an article for carrying therein; and a stretchable closure strap (elastic 50; Col 4:14-24) extending between the first side panel and the second side panel and stretchably resisting separation of the first side panel away from the second side panel.
Bale recites in Col 2:48-51, 4:25-30 and 4:41-49, the container is constructed of material durable and reliable enough to hold varying sizes of files and also a variety of objects such as an umbrella. Therefore, it is capable of carrying and transporting biomaterials depending on the biomaterial to be carried. Since such a limitation is considered an intended use.
With regards to claim 18, Bale discloses the first side panel 12/30 (on first side; shown above) comprises a first handle 14 and wherein the second side panel 12/30 (on second side; shown above) comprises a second handle 14.
With regards to claim 19, Bale discloses a second stretchable closure strap 50 (opposite side) extending between the first side panel 12/30 (on first side; shown above) and the second side panel 12/30 (on second side; shown above) and parallel to the stretchable closure strap.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 14-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bale US 5,409,282 in view of ANDREWS 0,508,394.
With regards to claim 14, it appears Bale discloses each of the plurality of middle pockets 60 comprises: a front panel; and a back panel, 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.
However, if this is found to not be so, ANDREWS (shown in Fig. 2) teaches that it was known in the art to have a plurality of middle pockets (B) comprises: a front panel; and a back panel, 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. (Pg. 1:49-55 and 66-78)
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the middle pockets in Bale by providing the front panel coupled to the back panel of the first and second adjacent pockets as taught by ANDREWS for the purposes of having all of the compartments firmly united together.
With regards to claim 15, ANDREWS (Fig. 4) further teaches the front panel of each of the plurality of middle pockets (B) is coupled to the back panel of the first adjacent pocket in the plurality of pockets along a bottom seam (C) 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 (J) extending laterally across the front panel.
With regards to claim 16, ANDREWS (Fig. 4) further teaches each of the plurality of middle pockets (B) includes: a first pocket seam (at C) that couples the front panel to the back panel, a second pocket seam (at C) 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.
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bale US 5,409,282 in view of BEELEN US 2022/0324617 A1.
With regards to claim 20, Bale discloses the claimed invention as stated above but it does not specifically disclose the carrying bag is made of a flexible textile comprising cellulosic fibers.
However, BEELEN teaches that it was known in the art to have a carrying bag 10 is made of a flexible textile comprising cellulosic fibers. (Para. 0049)
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the carrying bag in Bale by providing cellulosic fibers as taught by BEELEN for the purposes of providing a material of the bag that is recyclable.
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.
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, 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
/RAFAEL A ORTIZ/Primary Examiner, Art Unit 3736
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