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 application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “a lock mechanism” in claim 1 and “a coupling module configured to releasably couple the base of the handle to the body of the frame” in claim 15.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-16, and 19-22 are 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.
Claims 1 and 7 recites “a lock mechanism releasably securable to at least one of the receiver and the pivot shaft such that the pivot shaft is secured in the first mouth of the collar, the lock mechanism comprising a latch is manually operable to lock and unlock the lock mechanism.”
Claim 15 recites “a latch is manually operable to lock and unlock the lock mechanism”
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Note of applicant’s specification:
With additional reference to FIG. 5, the lock mechanism 254 of the clasp 250 includes a release lever 256 and a latch 257. The release lever 256 is manually operable, more specifically, manually pivotable relative to the body portion 252 of the clasp 250, to cause the latch 257 to engage and disengage the pivot shaft 230 and/or the receiver 234. The lock mechanism 254 thereby retains and releases, respectively, the body portion 252 of the clasp 250 over the pivot shaft 230, the first collar 238, and the second collar 240, and the coupling module 232 thereby couples and uncouples, respectively, the handle 218 to the body 202 of the frame 200.
The specification fails to describe how the latch and the lock mechanism operates. The specification describes a lever to cause the latch 257 to engage and disengage the pivot shaft 230. From the drawings, it is unclear how a) the lever 257 connected to cause the latch 257 to engage and disengage the pivot shaft 230, b) lock mechanism 254 releasably securable to at least one of the receivers 234. Fig. 4 shows lock mechanism 254 is a door on a window of housing 232 does not have any locking structures.
Claim Rejections - 35 USC § 102/103
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
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.
SET 1:
Claims 15-16 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Rizzi (20250017341), or in the alternative under 35 U.S.C. 103 as being unpatentable over Rizzi in view of Lin (5560459).
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a central body 7 fixed to said wall and to which two rotatable side ends 8 are connected, able to rotate about an axis parallel to the side wall.
[0037] In the preferred embodiment of FIG. 7, a suitcase 1 of the invention has an adjustment bar 12 that connects the two central bodies 7 that are detachably fixed to the side wall.
[0039] In this embodiment the central bodies 7 can be fixed to the side wall by reversible coupling means, such as, for example, a snap-in element, Velcro, snap buttons and the like.
Rizzi teaches pack system comprises a frame (where the wheels mounted to) comprising a body (the body of the suitcase), a handle assembly 4, comprising a hand grip 11, a base 7, a shank 10 extending between the handgrip and the base, a coupling module (cited above para. 39) configured to releasably couple the base of the handle to the body of the frame such that the handle can be pivoted between a first angular position and a second angular position offset by at least 90 degrees (figs. 2, 3, or 7), the coupling module being manually releasable to uncouple the handle assembly from the body of the frame. In the alternative, Lin teaches that it is known in the art to provide a frame and body. It would have been obvious to one of ordinary skill in the art before the effective filing date to provide a frame and body as taught by Lin to provide common structures for a luggage.
Regarding claim 16, note body 1 comprises a top, a bottom, a back side, and a front side, the handle assembly being coupled to the body by the coupling module such that the handle is pivotable toward the bottom of the body against the back side of the body.
Set 2:
Claims 15-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lin (4813520).
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Regarding claim 15, Lin teaches pack system comprises a frame comprising a body (2), and a handle assembly 28, comprising a hand grip, a base 181, and a shank 18 extending between the handgrip and the base, a coupling module (152) configured to releasably couple the base of the handle to the body of the frame such that the handle can be pivoted between a first angular position and a second angular position offset by at least 90 degrees (note that nothing obstruct the handle 181/152 connection until the handle meets body which is more than 90 degrees as claimed), the coupling module being manually releasable to uncouple the handle assembly from the body of the frame.
Regarding claim 16, note body comprises a top, a bottom, a back side, and a front side, the handle assembly being coupled to the body by the coupling module such that the handle is pivotable toward the bottom of the body against the back side of the body. Note that the luggage of Lin can positioned relatively in different manner. In this case the luggage can be positioned such that the portion with the zipper to be the top wall (for the placement of contents), the opposite is the bottom. Thus, the movement of the handle to rest on portion 2 (fig. 1) comprising this movement toward the bottom (at least one of the legs 18) and against the back side 2 of the body.
SET 3:
Claims 1-3, 6, and 15-16 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Krutikova (12334577).
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such that the clamp assembly 110 can capture the cross-member 120 with the handle 112 in multiple rotational positions.
Regarding claim 1, Krutikova teaches a handle comprising a hand grip 122 a base 120 comprising a pivot shaft 120 and shanks (112) extending between the hand grip and the base; and a coupling module (110) configured to releasably couple the handle base to a frame of a luggage system (note that the claimed is only directed to a handle and the luggage is an intended use) such that the handle can be pivoted, the coupling module comprising a receiver 124 comprising a first collar 110 with a first mouth 126, the pivot shaft receivable in the first mouth of the first collar, and a lock mechanism 134 releasably securable to at least one of the receiver and the pivot shaft such that the pivot shaft is secured in the first mouth of the collar, the lock mechanism comprising a latch 138 is manually operable to lock and unlock the lock mechanism.
Regarding claim 2, note the two legs 112 of the handle.
Regarding claim 3, note the pivot shaft 120 is cylindrical in shape.
Regarding claim 6, note coupling module 110 is receivable over the pivot shaft and the first collar, and the latch 138 is operable to engage with and disengage from the pivot shaft to retain and release, respectively, the coupling module over the pivot shaft and the first collar upon actuating the latch.
Regarding claim 15, Krutikova teaches pack system comprises a frame (102) comprising a body 104, and a handle assembly 118, comprising a hand grip, a base 120, and a shank 112 extending between the handgrip and the base, a coupling module (110) configured to releasably couple the base of the handle to the body of the frame such that the handle can be pivoted between a first angular position and a second angular position offset by at least 90 degrees (note the handle in fig. 6-7 can rotate more than 90 degree about 110. Also, note that the handle can rotate prior to the locking of the lamp 110 also in more than 90 degree), the coupling module being manually releasable to uncouple the handle assembly from the body of the frame.
Regarding claim 16, note body comprises a top, a bottom, a back side, and a front side, the handle assembly being coupled to the body by the coupling module such that the handle is pivotable toward the bottom of the body against the back side of the body. Handle in fig. 7 can be rotated until the handle 122 against the back side of the body as claimed.
Claims 4-5 are rejected under 35 U.S.C. 103 as being unpatentable over Krutikova in view of Mizuguchi (8695167). Krutikova meets all claimed limitations except for the second collar with a second mouth and, the pivot shaft receivable in the second mouth of the second collar.
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Mizuguchi teaches that it is known in the art to provide a two coupling at 91 for a handle. It would have been obvious to one of ordinary skill in the art before the effective filing date to provide another coupling 110 of Krutikova to provide added security.
Regarding claim 5, note the elongate portion where the collar 110 is mounted in fig. 3. It would have been obvious to one of ordinary skill in the art before the effective filing date to use this elongate portion as the bridge for the two collars 110 in the modified Krutikova in view of Mizuguchi to provide the placement to enable the operation of the two collars.
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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 at (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