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 .
Claim Objections
Claim 2 is objected to because of the following informalities:
(Claim 2 line 2) “comprise living hinges” may be “comprise of living hinges”.
Appropriate correction is required.
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.
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 which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 8, the claim recites “wherein the first sidewall, second sidewall, front wall, and rear wall are made of an outer layer and an inner layer to form the cavity for housing a portion of the internal frame structure therein” It is unclear how the sidewalls that are a part of the internal frame structure would house a portion of the internal frame structure within an internal cavity. For purposes of examination the examiner is interpreting “wherein the first wall, second wall, front wall, and rear wall are made of an outer layer and an inner layer to form the cavity for housing a portion of the internal frame structure therein”.
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.
(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.
Claims 11-12 and 14-15 are rejected under 35 U.S.C. 102 (a) (1) and (a) (2) as being anticipated by US Publication 2017/0320650 by Castellanos (Here forth “Castellanos”).
Regarding claim 11, Castellanos discloses a collapsible bag that has a use orientation and a collapsed orientation, comprising:
an internal frame structure supported by an outer shell, wherein the internal frame structure comprises a first folding sidewall, a second folding sidewall, a front frame, a rear frame and a bottom member, wherein the rear frame has clips to secure the collapsible bag to another structure, wherein the outer shell is made of fabric and comprises a first sidewall, a second sidewall, a front wall, a rear wall and a bottom wall, which define a cavity, and a bottom retainer member in the cavity and adjacent the bottom wall in the use orientation of the collapsible bag, wherein the first folding sidewall is retained within the first sidewall of the outer shell, wherein the second folding sidewall is retained within the second sidewall of the outer shell, wherein the front frame is retained within the front wall of the outer shell, wherein the rear frame is retained within the rear wall of the outer shell, and wherein the bottom member of the internal frame structure is retained within the bottom retainer member of the outer shell, wherein the bottom retaining member pivots from a use position to a collapsed position, and wherein the bottom retaining member holds the outer shell in the use orientation when the bottom retaining member is in the use position (Examiner Annotated Fig 8 of Castellanos below, Para 22 of Castellanos, Velcro/hoop and loop attaching bottom member to bottom wall is the bottom retainer member within the cavity, When a portion bottom retainer/Velcro is attached, the bottom member can be hingidly connected to the bottom wall when a side is lifted).
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Examiner Annotated Fig 8 of Castellanos
Regarding claim 12, Castellanos further discloses wherein the first folding sidewall comprises a first sidewall member and a second sidewall member connected at a hinge, and wherein the second folding sidewall comprises a third sidewall member and a fourth sidewall member connected at a hinge(Examiner Annotated Fig 8 of Castellanos above, figure (4) shown).
Regarding claim 14, Castellanos further discloses wherein the first folding sidewall, second folding sidewall, and the bottom member are all generally rigid components that are all generally planar (Examiner Annotated Fig 8 of Castellanos above, figure (4) shown, the sidewall members have a degree of rigidity to hold the walls up).
Regarding claim 15, Castellanos further discloses wherein the bottom retainer member is provided within the cavity of the outer shell (Examiner Annotated Fig 8 of Castellanos above, figure (3) shown; Para 22 of Castellanos, Velcro/hoop and loop attaching bottom member to bottom wall is the bottom retainer member within the cavity), and wherein the bottom retainer member is hingedly connected to one of the front wall, rear wall and bottom wall (When a portion bottom retainer/Velcro is attached, the bottom member can be hingidly connected to the bottom wall when a side is lifted).
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 1-4, 6, 9, 13, 17 and 19 are rejected under 35 U.S.C. 103 as being obvious over US Publication 2017/0320650 by Castellanos (Here forth “Castellanos”) in view of US Publication 2006/0138006 by Godshaw (Here forth “Godshaw”).
Regarding claim 1, Castello discloses a collapsible bag that has a use orientation and a collapsed orientation, comprising (Examiner Annotated Fig 8 of Castellanos above, Figs (3) and (6)shown):
an internal frame structure supported by an outer shell, wherein the internal frame structure comprises (Examiner Annotated Fig 8 of Castellanos above, figure (4) shown):
a first folding sidewall, a second folding sidewall, a front frame, a rear frame and a bottom member (Examiner Annotated Fig 8 of Castellanos above, figure (4) shown);
wherein the first folding sidewall comprises a first sidewall member and a second sidewall member connected at a hinge, and the second folding sidewall comprises a third sidewall member and a fourth sidewall member connected at a hinge (Examiner Annotated Fig 8 of Castellanos above, figure (4) shown);
[Not taught: wherein the front frame comprises a frame having a top member, a bottom bar, a first side bar and a second side bar, and wherein the top member, bottom bar, first side bar and second side bar of the front frame member are connected together; and,
wherein the rear frame comprises a frame having a top member, a bottom bar, a first side bar and a second side bar, and wherein the top member, bottom bar, first side bar and second side bar of the rear frame member are connected together;] and, wherein the outer shell is made of fabric (Para 3 of Castellanos above, can be made of a woven material, fabric is a cloth or other material produced by weaving or knitting) and comprises:
a first sidewall, a second sidewall, a front wall, a rear wall and a bottom wall, which define a cavity, and a bottom retainer member in the cavity and adjacent the bottom wall in the use orientation of the collapsible bag (Examiner Annotated Fig 8 of Castellanos above, figure (3) shown; Para 22 of Castellanos, Velcro/hoop and loop attaching bottom member to bottom wall is the bottom retainer member), wherein the first folding sidewall is retained within the first sidewall of the outer shell , wherein the second folding sidewall is retained within the second sidewall of the outer shell, wherein the front frame is retained within the front wall of the outer shell, wherein the rear frame is retained within the rear wall of the outer shell, and wherein the bottom member of the internal frame structure is retained within the bottom retainer member of the outer shell (Examiner Annotated Fig 8 of Castellanos above, figure (2) shown), wherein the bottom retaining member pivots from a use position to a collapsed position, and wherein the bottom retaining member holds the outer shell in the use orientation when the bottom retaining member is in the use position (Examiner Annotated Fig 8 of Castellanos above, figure (2, 4 and 6) shown).
Castellanos does not expressly disclose a top member and bars attached to the front and back frames.
Godshaw discloses a similar container that teaches wherein the front frame comprises a frame having a top member, a bottom bar, a first side bar and a second side bar, and wherein the top member, bottom bar, first side bar and second side bar of the front frame member are connected together; and wherein the rear frame comprises a frame having a top member, a bottom bar, a first side bar and a second side bar, and wherein the top member, bottom bar, first side bar and second side bar of the rear frame member are connected together (Claim 8 of Godshaw).
It would have been obvious to a person having ordinary skill in the art having the teachings of Godshaw and Castellanos before them, when the application was filed, to have modified the bag front and back frames of Castellanos, as taught by Godshaw, to advantageously protect the shape of the frames by adding s degree of support and rigidity.
Regarding claim 2, Castellanos further discloses wherein the hinges of the first folding sidewall and the second folding sidewall comprise living hinges (Examiner Annotated Fig 8 of Castellanos above, figure (4) shown).
Regarding claim 3, Castellanos further discloses wherein the first sidewall member, second sidewall member, third sidewall member, fourth sidewall member and the bottom member are all generally rigid components that are all generally planar (Examiner Annotated Fig 8 of Castellanos above, figure (4) shown, the sidewall members have a degree of rigidity to hold the walls up).
Regarding claim 4, Castellanos further discloses wherein the front frame and rear frame are each made of a rigid material (Examiner Annotated Fig 8 of Castellanos above, figure (4) shown, the sidewall members have a degree of rigidity to hold the walls up).
Regarding claim 6, Castellanos further discloses wherein the bottom retainer member is provided within the cavity of the outer shell (Examiner Annotated Fig 8 of Castellanos above, figure (3) shown; Para 22 of Castellanos, Velcro/hoop and loop attaching bottom member to bottom wall is the bottom retainer member within the cavity), and wherein the bottom retainer member is hingedly connected to one of the front wall, rear wall and bottom wall (When a portion bottom retainer/Velcro is attached, the bottom member can be hingidly connected to the bottom wall when a side is lifted).
Regarding claim 9, Castellanos further discloses wherein the outer shell has handles to allow a user to carry the collapsible bag (Examiner Annotated Fig 8 of Castellanos above, figure (3) shown .
Regarding claim 13, Castellanos does not expressly disclose a top member and bars attached to the front and back frames.
Godshaw discloses a similar container that teaches wherein the front frame comprises a frame having a top member, a bottom bar, a first side bar and a second side bar, and wherein the top member, bottom bar, first side bar and second side bar of the front frame member are connected together; and wherein the rear frame comprises a frame having a top member, a bottom bar, a first side bar and a second side bar, and wherein the top member, bottom bar, first side bar and second side bar of the rear frame member are connected together (Claim 8 of Godshaw).
It would have been obvious to a person having ordinary skill in the art having the teachings of Godshaw and Castellanos before them, when the application was filed, to have modified the bag front and back frames of Castellanos, as taught by Godshaw, to advantageously protect the shape of the frames by adding s degree of support and rigidity.
Regarding claim 17, Castellanos discloses a collapsible bag that has a use orientation and a collapsed orientation (Examiner Annotated Fig 8 of Castellanos above, Figs (3) and (6)shown), comprising:
an internal frame structure supported by an outer shell, wherein the internal frame structure comprises a first folding sidewall, a second folding sidewall, a front frame, a rear frame and a bottom member, wherein the first folding sidewall comprises a first sidewall member and a second sidewall member connected at a hinge, wherein the second folding sidewall comprises a third sidewall member and a fourth sidewall member connected at a hinge (Examiner Annotated Fig 8 of Castellanos above, figure (4) shown), wherein the outer shell is made of fabric (Para 3 of Castellanos, can be made of a woven material, fabric is a cloth or other material produced by weaving or knitting) and comprises a first sidewall, a second sidewall, a front wall, a rear wall and a bottom wall, which define a cavity (Examiner Annotated Fig 8 of Castellanos above, figure (3) shown), and a bottom retainer member in the cavity and adjacent the bottom wall in the use orientation of the collapsible bag, wherein the first folding sidewall is retained within the first sidewall of the outer shell, wherein the second folding sidewall is retained within the second sidewall of the outer shell, wherein the front frame is retained within the front wall of the outer shell, wherein the rear frame is retained within the rear wall of the outer shell, and wherein the bottom member of the internal frame structure is retained within the bottom retainer member of the outer shell, wherein the bottom retaining member pivots from a use position to a collapsed position, and wherein the bottom retaining member holds the outer shell in the use orientation when the bottom retaining member is in the use position (Examiner Annotated Fig 8 of Castellanos above, Para 22 of Castellanos, Velcro/hoop and loop attaching bottom member to bottom wall is the bottom retainer member within the cavity, When a portion bottom retainer/Velcro is attached, the bottom member can be hingidly connected to the bottom wall when a side is lifted).
Regarding claim 19, Castellanos further discloses wherein the bottom retainer member is provided within the cavity of the outer shell (Examiner Annotated Fig 8 of Castellanos above, figure (3) shown; Para 22 of Castellanos, Velcro/hoop and loop attaching bottom member to bottom wall is the bottom retainer member within the cavity), and wherein the bottom retainer member is hingedly connected to one of the front wall, rear wall and bottom wall(When a portion bottom retainer/Velcro is attached, the bottom member can be hingidly connected to the bottom wall when a side is lifted).
Claims 5 and 10 are rejected under 35 U.S.C. 103 as being obvious over Castellanos and Godshaw in view of Foreign Publication WO2017/150057 by Katsuaki (Here forth “Katsuaki”).
Regarding claim 5, Castellano does not expressly disclose wherein the rear frame has clips to secure the collapsible bag to another structure.
Katsuaki discloses a similar bag that teaches wherein the rear frame has clips to secure the collapsible bag to another structure (Fig 4 of Katsuaki, when taught to Castellano, wide rubber 9 is a fastener attaching the bag of the modified Castellano to the rear frame as a rear frame is part of the bag).
It would have been obvious to a person having ordinary skill in the art having the teachings of Castellanos as modified and Katsuaki before them, when the application was filed, to have modified the bag outer shell to include a fastener to attach another structure, as taught by Katsuaki, to advantageously include a protective cover to prevent the bag from opening when not in use thereby being able to neatly store it in a small space.
Castellanos as modified does not expressly disclose that the fastener is a clip.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the fastener of Castellanos to be a clip. Such a modification only changes the fastener type which provides no change in function (see MPEP 2144.04 III). Further Applicant has not disclosed criticality for the claimed fastener.
Regarding claim 10, Castellano does not expressly discloses a retaining member to maintain the bag in the collapsed position.
Katsuaki discloses a similar bag that teaches wherein the outer shell has at least one retaining member to secure the collapsible bag in the collapsed orientation such that the front wall and the rear wall of the outer shell are adjacent one another (Fig 4 of Katsuaki, cover 20).
It would have been obvious to a person having ordinary skill in the art having the teachings of Castellanos as modified and Katsuaki before them, when the application was filed, to have modified the bag outer shell to include a retaining member to maintain the bag in the collapsed position, as taught by Katsuaki, to advantageously prevent the bag from opening when not in use thereby being able to neatly store it in a small space.
Claims 7-8 are rejected under 35 U.S.C. 103 as being obvious over Castellanos and Godshaw in view of US Publication 2009/0145711 by Panosian (Here forth “Panosian”).
Regarding claims 7, Castellanos as modified does not expressly disclose the walls having an internal cavity for housing the internal frame.
Panosian discloses a similar bag that teaches wherein the first sidewall, second sidewall, front wall, and rear wall of the outer shell each have an internal cavity for housing a portion of the internal frame structure therein (Examiner Annotated Fig 2 of Panosian).
It would have been obvious to a person having ordinary skill in the art having the teachings of Castellanos as modified and Panosian before them, when the application was filed, to have modified the bag outer shell to include an internal cavity for housing the internal frame structure, as taught by Panosian, to advantageously protect the internal frame from items placed within the cavity to prevent damage to the frame.
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Examiner Annotated Fig 2 of Panosian
Regarding claim 8, Castellanos as modified does not expressly disclose the walls having an internal cavity formed in the outer shell that includes an inner and outer layer for housing the internal frame.
Panosian discloses a similar bag that teaches wherein the first sidewall, second sidewall, front wall, and rear wall are made of an outer layer and an inner layer to form the cavity for housing a portion of the internal frame structure therein(Examiner Annotated Fig 2 of Panosian).
It would have been obvious to a person having ordinary skill in the art having the teachings of Castellanos as modified and Panosian before them, when the application was filed, to have modified the bag outer shell to include an inner and outer layer that forms an internal cavity for housing the internal frame structure, as taught by Panosian, to advantageously protect the internal frame from items placed within the cavity to prevent damage to the frame.
Claim 16 is rejected under 35 U.S.C. 103 as being obvious over Castellanos in view of US Publication 2009/0145711 by Panosian (Here forth “Panosian”).
Regarding claim 16, Castellanos as modified does not expressly disclose the walls having an internal cavity for housing the internal frame.
Panosian discloses a similar bag that teaches wherein the first sidewall, second sidewall, front wall, and rear wall of the outer shell each have an internal cavity for housing a portion of the internal frame structure therein (Examiner Annotated Fig 2 of Panosian).
It would have been obvious to a person having ordinary skill in the art having the teachings of Castellanos and Panosian before them, when the application was filed, to have modified the bag outer shell to include an internal cavity for housing the internal frame structure, as taught by Panosian, to advantageously protect the internal frame from items placed within the cavity to prevent damage to the frame.
Claims 18 and 20 is rejected under 35 U.S.C. 103 as being obvious over Castellanos in view of Katsuaki.
Regarding 18, Castellano does not expressly disclose wherein the rear frame has clips to secure the collapsible bag to another structure.
Katsuaki discloses a similar bag that teaches wherein the rear frame has clips to secure the collapsible bag to another structure (Fig 4 of Katsuaki, when taught to Castellano, wide rubber 9 is a fastener attaching the bag of the modified Castellano to the rear frame as a rear frame is part of the bag).
It would have been obvious to a person having ordinary skill in the art having the teachings of Castellanos and Katsuaki before them, when the application was filed, to have modified the bag outer shell to include a fastener to attach another structure, as taught by Katsuaki, to advantageously include a protective cover to prevent the bag from opening when not in use thereby being able to neatly store it in a small space.
Regarding 20, Castellano does not expressly discloses a retaining member to maintain the bag in the collapsed position.
Katsuaki discloses a similar bag that teaches wherein the outer shell has at least one retaining member to secure the collapsible bag in the collapsed orientation such that the front wall and the rear wall of the outer shell are adjacent one another (Fig 4 of Katsuaki, cover 20).
It would have been obvious to a person having ordinary skill in the art having the teachings of Castellanos and Katsuaki before them, when the application was filed, to have modified the bag outer shell to include a retaining member to maintain the bag in the collapsed position, as taught by Katsuaki, to advantageously prevent the bag from opening when not in use thereby being able to neatly store it in a small space.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JESSICA KAVINI TAMIL whose telephone number is (571)272-6655. The examiner can normally be reached 7:30am-5:00pm.
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/JESSICA KAVINI TAMIL/Examiner, Art Unit 3733
/ANDREW T KIRSCH/Primary Examiner, Art Unit 3733
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