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 dated 12/14/2022 based on 18/066098 (figs. 27-33) 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 application: 19/213665
US Patent 12,303,007
1. 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; and
the plurality of panels within each of the front portion, the back portion, the first side portion, and the second side portion vary in height such that the plurality of panes are offset relative to an adjacent panel zone.
1. 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.
Claims 1-12 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims of U.S. Patent No. 12,303,007 (007 Patent) in view of Hadlum (5244219) or Ohm (DE3400956). Claim 1 of ‘007 Patent teaches all claimed limitations except for the “the plurality of panels within each of the front portion, the back portion, the first side portion, and the second side portion vary in height such that the plurality of panes are offset relative to an adjacent panel zone”
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Ohm or Hadlum, each teaches a bag with a base with different height along the four sides. it would have been obvious to one of ordinary skill in the art before the effective filing date to provide the base of ‘007 Patent with different with different height along the four sides as taught by Ohm or Hadlum to provide the desired base shape and/or to save material and to allow to access the front panel easily.
Regarding claims 2 and 3, note claims 2-3 in the ‘007 Patent.
Regarding claims 4-12, note claim 4-12 in the ‘007 Patent.
Claims 13-20 are allowable.
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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TRI M. MAI
Examiner
Art Unit 3733
/TRI M MAI/Primary Examiner, Art Unit 3733
