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 following claimed features must be shown, without entering any new matter:
Claims 8-10, and 18-20 are withdrawn from further consideration. Applicant made the election of Group I, directed to the embodiment in figures 1-8, without traverse, in the response dated 05/26/2026 is acknowledged.
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 3, 5, and 13 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.
Claims 3 and 13 recites range within a range rendering the claim indefinite since it is unclear what embodiment encompassing which range being positively recited.
Regarding claim 5, it is unclear how a deformable elastic material that conforms to and/or takes on a shape and/or size of the items. It seems the claimed material can only deform to a small region of the item since it is taut on top of the items while connected to the four sides. Also, it is unclear what is meant by “take on” a shape and/or size.
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 1-3, 6, 11-13 and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tang (20180360176).
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A main compartment zipper 24 is provided between the front suitcase shell 16 and the rear suitcase shell 18 to allow the front suitcase shell 16 and the rear suitcase shell 18 to be movable relative to each other.
The divider 32 divides the interior space of the suitcase 10 into two spaces: (i) a main compartment between the rear suitcase shall 18 and a first major surface of the divider 32 facing the rear suitcase shell 18 and (ii) the front pocket space 28 between the front cover 20 and a second major surface of the divider 32 (which is opposite to the first major surface) facing the front cover 20. Because of the possible movement of the belt 34, it is possible to move the divider 32 within the interior space of the suitcase 10 to vary the size of the main compartment and the size of the front pocket space 28.
Regarding claim 1, Tang teaches a luggage system comprising a first compartment (18);a second compartment (24) pivotably attached to the first compartment to define a first opening; a cover panel (20) pivotably attached to the second compartment to define a second opening (28); and an internal partition (32) attached within and to the second compartment to define, on opposite sides of the internal partition from each other, a first volume (main compartment on 18) and a second volume (at 28) wherein items can be inserted within the first volume through the first opening; wherein items can be inserted within the second volume through the second opening; wherein the internal partition is configured as a substantially impermeable barrier to the items, such that items cannot move between the first and second volumes through or past the internal partition; and wherein the internal partition is configured to automatically adjust a size of the first volume and a size of the second volume based on a volume occupied by the items within the first and second volumes, respectively.
Regarding claim 2, note the first volume and the second volume together define a total internal volume of the luggage system.
Regarding claim 3, note the first second volume (main compartment) is at least 80% or more of the total internal volume in fig. 4B.
Regarding claim 6, note the internal partition is made of
a flexible material that has a surface area that is greater than a cross- sectional area of the second compartment in a plane where the internal partition is attached to internal surfaces of the second compartment.
Regarding claim 11, Tang teaches a method of adjusting an internal partition within luggage, the method comprising: pivotably attaching a first compartment to a second compartment to define a first opening (at 24 cited above), pivotably attaching a cover (20) panel to the second compartment to define a second opening (at 28), attaching an internal partition (32) within the second compartment to define, on opposite sides of the internal partition from each other, a first volume (main compartment) and a second volume (cited above); and automatically adjusting a size of the first volume and a size of the second volume based on a volume occupied by items within the first and second volumes, respectively, wherein the internal partition is a substantially impermeable barrier to the items, such that items cannot move between the first and second volumes through or past the internal partition.
Regarding claim 12. Note the first volume and the second volume together define a total internal volume of the luggage system.
Regarding claim 13, note the first second volume (main compartment) is at least 80% or more of the total internal volume in fig. 4B.
Regarding claim 16, note the internal partition is made of a flexible material that has a surface area that is greater than a cross-sectional area of the second compartment in a plane where the internal partition is attached to internal surfaces of the second compartment in fig. 4A-4B.
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.
Claims 4, and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Tang in view of Martine (FR2716092). Tang meets all claimed limitations except for the internal partition is made of a deformable elastic material that conform or take one the items.
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The bag has two compartments (7, 8) which are separated by a partition. This is a deformable membrane that forms a pocket (6) and its surface is bigger than the height of the bag. It is fixed to the centre of the bag (5a) and it can be elastic or folded in accordion folds. Each compartment has a separate opening, at each end of the bag, which is closed by a slide clasp fastener (3). For a brief case the two compartments are separated by a supple membrane which allow their volume to be varied.
When the wall 16 is elastic, it automatically returns to the central position, after the contents of one and / or the other of the compartments have been emptied. When the membrane 16 is elastic, it can exert a certain compression for the objects of irregular shapes.
Martine teaches that it is known in the art to provide a similar partition made from elastic material. It would have been obvious to one of ordinary skill in the art before the effective filing date to provide the internal partition of elastic material as taught by Martine to have the material
automatically returns to the original position and/or to exert compression.
Claims 5, 7, 15 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over the Tang rejections, as set forth above in claim 4 and 1, and further in view of Bomes et al. (5054589). The luggage of Tang in view of Martine meets all claimed limitations except for the internal partition is attached within the second compartment by a partition zipper (510).
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(5) A flexible partition 40 is located generally centrally in luggage case 10. The partition 40 is a flexible plastic material, such as nylon. The partition 40 is attached by stitching 42 to bottom wall 14 and a zipper fastening means 44 which extend around the inner periphery of the end walls 16 and 18 and top wall 12. Zipper 44 renders partition 40 partially removable at the option of the traveler. Thus when the zipper is in the closed position as shown in FIGS. 3 and 6, partition 40 provides for two separate compartments which are separately accessible through side walls 20 and 22. When zipper 44 is open (not shown), the partition 40 may be laid flat on either of the inside of side walls 20 and 22 and one compartment will be obtained which is accessible through either of side wall openings 20 or 22. It is understood that partition 40 may be fully removable by extending the zipper means 44 also along bottom wall 14.
Bomes teaches that it is known in the art to provide a partition connected by a partition zipper. It would have been obvious to one of ordinary skill in the art before the effective filing date to provide the internal partition is attached within the second compartment by a partition zipper as taught by Bomes to enable one to remove the partition when desired and/or for cleaning and/or to reduce weight for travel.
SET II:
Claims 1-4, 6, 11-14, and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Martine. Martine teaches a luggage system comprising: a first compartment (12a fig. 4) a second compartment (middle portion with 16) pivotably attached to the first compartment to define a first opening (at 12a); a cover panel (12b) pivotably attached to the second compartment to define a second opening; and an internal partition (16) attached within and to the second compartment to define, on opposite sides of the internal partition from each other, a first volume (at 17) and a second volume (18); wherein items can be inserted within the first volume through the first opening; wherein items can be inserted within the second volume through the second opening; wherein the internal partition is configured as a substantially impermeable barrier to the items, such that items cannot move between the first and second volumes through or past the internal partition; and wherein the internal partition is configured to automatically adjust a size of the first volume and a size of the second volume based on a volume occupied by the items within the first and second volumes, respectively.
Regarding claim 2, note the first volume and the second volume together define a total internal volume of the luggage system.
Regarding claims 3-4, note the material of Martine is made from the same material, elastic material, the internal partition is capable of automatically adjustment for the claimed value of first and second volumes.
Regarding claim 6, note the internal partition is made of material “folded in accordion folds” cited above which is the claimed flexible material that has a surface area that is greater than a cross- sectional area of the second compartment in a plane where the internal partition is attached to internal surfaces of the second compartment.
Regarding claim 11, Martine teaches a method of adjusting an internal partition within luggage, the method comprising: pivotably attaching a first compartment to a second compartment to define a first opening (in fig. 4);pivotably attaching a cover panel (12b) to the second compartment to define a second opening, attaching an internal partition (16) within the second compartment to define, on opposite sides of the internal partition from each other, a first volume (formed by 17) and a second volume (18); and automatically adjusting a size of the first volume and a size of the second volume based on a volume occupied by items within the first and second volumes, respectively; wherein the internal partition is a substantially impermeable barrier to the items, such that items cannot move between the first and second volumes through or past the internal partition.
Regarding claim 12, note the first volume and the second volume together define a total internal volume of the luggage system.
Regarding claims 13-14, note the material of Martine is made from the same material, elastic material, the internal partition is capable of automatically adjustment for the claimed value of first and second volumes.
Regarding claim 16, note the internal partition is made of material “folded in accordion folds” cited above which is the claimed flexible material that has a surface area that is greater than a cross- sectional area of the second compartment in a plane where the internal partition is attached to internal surfaces of the second compartment. Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Martine. In the alternative, it would have been obvious to one of ordinary skill in the art before the effective filing date to provide the divider of Martine of the claimed functionality of automatically adjusting of 80 percent or 90 percent of each of the first and second volume to provide the desired material adjustable to the desired volume.
Claims 5, 7, 15, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Martine in view of Bomes. Martine meets all claimed limitations except for the internal partition being attached within the second compartment by a partition zipper. Bomes teaches that it is known in the art to attach an internal partition via zipper. It would have been obvious to one of ordinary skill in the art before the effective filing date to provide the internal partition of Martine via a zipper as taught by Bomes to enable one to remove the partition when desired and/or for cleaning and/or to reduce weight for travel.
Pertinent references; note of Davis (4106598) and Cloessner (5427453), each teaches similar luggage system with similar flexible dividers and can be applied under 35USC 102/103. However, it would have been redundant.
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TRI M. MAI
Examiner
Art Unit 3733
/TRI M MAI/Primary Examiner, Art Unit 3733
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