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 .
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 .
Drawings
The drawings are objected to because pocket portion 332 is pointed to twice and one leader is pointing to the edge not attached to a pocket. 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.
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.
Claims 1-20 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 claims 1 and 11, the claim recites “the first pocket portion extends from the first side of the expansion member to form a second opening on a second side of the expansion member so that the user is able to put a second article from the second opening to a second cavity surrounded by a second surface of the pocket portion”. The drawing shows the second opening on the second pocket portion and on the first side not the second side or it is unclear how the second opening would be in the first pocket portion. Additionally, the drawing shows the second pocket portion being located within the first cavity. For purposes of examination the limitation is being interpreted to say “in the second use state, a second pocket portion extends from the first side of the expansion member to form a second opening on the first side of the expansion member so that the user is able to put a second article from the second opening tothe first cavity surrounded by a second surface of the pocket portion”.
Regarding claim 1, the claim recites “the first pocket portion is located in the first storage cavity in the first use state, and the first pocket portion is located outside the first storage cavity in the second use state and communicates with the first storage cavity by using the second opening”. the first pocket portion is located outside the first storage cavity in the second use state and communicates with the first storage cavity by using the second opening. It is unclear how the first pocket portion is located in the first storage cavity in the first use state as it is part of the outer formation of the first storage cavity. The drawings do not show the second opening communicating with the first pocket portion. For purposes of examination the limitation is being interpreted to say “the first pocket portion is located in the first storage cavity in the first use state, and thesecond pocket portion is located in the first storage cavity in the second use state and communicates with the first storage cavity by using the second opening”.
Regarding claim 2, “the first pocket portion is folded and overlapped and connected to a first side of the first connection structure, a fourth edge of the first pocket portion is folded and overlapped and connected to a second side of the first connection structure”. It is unclear how the first pocket portion and fourth edge are folded and overlapped and connected to a first side of the connection structure as it is not show in the drawings. For purposes of examination, the examiner is interpreting the limitation to say ““the first pocket portion is .
Regarding claim 3, the claim recites “a third edge of the second pocket portion is folded and overlapped and connected to the first side of the first connection structure, and a fourth edge of the second pocket portion is folded and overlapped and connected to the second side of the first connection structure” It is unclear how the third and fourth edges are folded and overlapped and connected to a first side of the connection structure as it is not show in the drawings. For purposes of examination, the examiner is interpreting the limitation to say “a third edge of the second pocket portion is ”.
Regarding claim 11, the claim recites “the first pocket portion is located outside the first storage cavity in the second use state and communicates with the first storage cavity by using the second opening”. It is unclear how the first pocket portion is located in the first storage cavity in the first use state as it is part of the outer formation of the first storage cavity. The drawings do not show the second opening communicating with the first pocket portion. For purposes of examination the limitation is being interpreted to say “the second pocket portion is located in the first storage cavity in the second use state and communicates with the first storage cavity by using the second opening”.
Regarding claim 13, the claim recites “a third edge of the first pocket portion is folded and overlapped and connected to a first side of the first connection structure, a fourth edge of the first pocket portion is folded and overlapped and connected to a second side of the first connection structure” It is unclear how the third and fourth edges are folded and overlapped and connected to a first side of the connection structure as it is not show in the drawings. For purposes of examination, the examiner is interpreting the limitation to say “a third edge of the first pocket portion is connected to a first side of the first connection structure, a fourth edge of the first pocket portion is connected to a second side of the first connection structure”.
Claims 4-10, 12,14-20 are rejected due to their dependencies.
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 1-4, 7-8, 10-11, 13-15, and 18-19 are rejected under 35 U.S.C. 102 (a) (1) and (a) (2) as being anticipated by Foreign Publication BR102015018632 by Kabbani (Here forth “Kabbani”).
Regarding claim 1, Kabbani discloses a luggage accessory, configured to expand a luggage body, comprising: an expansion member (Examiner Annotated Fig 4 of Kabbai), having a main body portion and at least one pocket portion that is connected to the main body portion and configured to accommodate articles (Examiner Annotated Fig 7 of Kabbani), wherein the at least one pocket portion comprises a first pocket portion (Examiner Annotated Fig 7 of Kabbani), the first pocket portion has a first use state and a second use state, in the first use state, the first pocket portion has a first opening located on a first side of the expansion member so that a user is able to put a first article from the first opening to a first cavity surrounded by a first surface of the first pocket portion (Examiner Annotated Fig 4 and 7 of Kabbani), and in the second use state, the first pocket portion extends from the first side of the expansion member to form a second opening on a second side of the expansion member so that the user is able to put a second article from the second opening to a second cavity surrounded by a second surface of the pocket portion (Examiner Annotated Fig 4 and 7 of Kabbani; due to the 112 above the claim is being interpreted to say in the second use state, the second pocket portion extends from the first side of the expansion member to form a second opening on the first side of the expansion member); and a first connection structure, connected to the expansion member, and configured to be detachably connected to the luggage body so that the luggage accessory is capable of being detachably connected to the luggage body (Examiner Annotated Fig 4 of Kabbani), wherein when the luggage accessory is connected to the luggage body (Examiner Annotated Fig 4 of Kabbani), a first storage cavity is formed between the main body portion and the luggage body (Examiner Annotated Fig 4 and 7 of Kabbani), the first pocket portion is located in the first storage cavity in the first use state (Examiner Annotated Fig 4 and 7 of Kabbani), and the first pocket portion is located outside the first storage cavity in the second use state and communicates with the first storage cavity by using the second opening (Examiner Annotated Fig 4 and 7 of Kabbani, due to the 112 above the limitation is being interpreted to say the first pocket portion is located in the first storage cavity in the first use state, and the second pocket portion is located in the first storage cavity in the second use state and communicates with the first storage cavity by using the second opening).
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Examiner Annotated Fig 4 of Kabbani
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Examiner Annotated Fig 7 of Kabbani
Regarding claim 2, Kabbani further discloses wherein the first pocket portion and the main body portion are formed by sewing (Para 16 of Kabbani, made of a fabric whose edges are attached by sewing) a piece of fabric of an integral structure, the main body portion comprises a first part and a second part, a first edge of the first pocket portion and the first part are an integral structure, a second edge of the first pocket portion and the second part are an integral structure, a third edge of the first pocket portion is folded and overlapped and connected to a first side of the first connection structure, a fourth edge of the first pocket portion is folded and overlapped and connected to a second side of the first connection structure, and the first side and the second side are disposed back to back (Examiner Annotated Fig 4 and 7 of Kabbani, Claim is interpreted as seen above in the 112 rejection).
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Examiner Annotated Fig 6 of Kabbani
Regarding claim 3, Kabbani further discloses wherein the at least one pocket portion further comprises a second pocket portion, the second pocket portion, the main body portion, and the first pocket portion are formed by sewing a same piece of fabric of an integral structure (Para 16 of Kabbani, made of a fabric whose edges are attached by sewing), the main body portion further comprises a third part (Examiner Annotated Fig 4 of Kabbani), a first edge of the second pocket portion and the second part are an integral structure, a second edge of the second pocket portion and the third part are an integral structure (Examiner Annotated Fig 6 of Kabbani), a third edge of the second pocket portion is folded and overlapped and connected to the first side of the first connection structure, and a fourth edge of the second pocket portion is folded and overlapped and connected to the second side of the first connection structure (Examiner Annotated Fig 6 of Kabbani, the third and fourth edges of the second pocket portion is indirectly attached to the first connection structure as they are all attached; Claim limitation is interpreted as discussed above in the 112 rejection); and the second pocket portion is adjacent to the first pocket portion (Examiner Annotated Fig 4 of Kabbani).
Regarding claim 4, Kabbani further discloses wherein the main body portion further comprises a bottom plate part (Examiner Annotated Fig 6 of Kabbani), a first edge of the bottom plate part and the third part or the second part are an integral structure (Examiner Annotated Fig 4 of Kabbani), a second edge of the bottom plate part is connected to a third side of the first connection structure (Examiner Annotated Fig 4 of Kabbani), the third side of the first connection structure is a bottom side and connected between the first side of the first connection structure and the second side of the first connection structure, a third edge of the bottom plate part is connected to one end of the third part, and a fourth edge of the bottom plate part is connected to the other end of the third part (Examiner Annotated Fig 4 of Kabbani).
Regarding claim 7, Kabbani further discloses wherein a first connector is disposed between the first pocket portion and the first part, a second connector is disposed between the first pocket portion and the second part, and the first connector and the second connector are detachably connected to close or open the first opening; and the first connector is a fifth zipper part, the second connector is a sixth zipper part, and the fifth zipper part and the sixth zipper part are detachably connected by using a third zipper head (Examiner Annotated Fig 7 of Kabbani).
Regarding claim 8, Kabbani further discloses wherein a third connector is disposed between the second pocket portion and the second part, a fourth connector is disposed between the second pocket portion and the third part, and the third connector and the fourth connector are detachably connected to close or open the second pocket portion; and the third connector is a seventh zipper part, the fourth connector is an eighth zipper part, and the seventh zipper part and the eighth zipper part are detachably connected by using a fourth zipper head (Examiner Annotated Fig 7 of Kabbani).
Regarding claim 10, Kabbani further discloses wherein the main body portion and/or the pocket portion are provided with a printed layer, and the printed layer has character, animal or cartoon facial feature patterns (Para 22 of Kabbani).
Regarding claim 11, Kabbani disclose a luggage assembly, comprising a luggage body and a luggage accessory detachably connected to the luggage body, the luggage accessory being configured to expand the luggage body (Examiner Annotated Fig 4 and 7 of Kabbani), wherein the luggage accessory comprises: an expansion member, having a main body portion and at least one pocket portion that is connected to the main body portion and configured to accommodate articles, wherein the at least one pocket portion comprises a first pocket portion (Examiner Annotated Fig 4 and 7 of Kabbani), the first pocket portion has a first use state and a second use state, in the first use state, the first pocket portion has a first opening located on a first side of the expansion member so that a user is able to put a first article from the first opening to a first cavity surrounded by a first surface of the first pocket portion (Examiner Annotated Fig 4 and 7 of Kabbani), and in the second use state, the first pocket portion extends from the first side of the expansion member to form a second opening on a second side of the expansion member so that the user is able to put a second article from the second opening to a second cavity surrounded by a second surface of the pocket portion (Examiner Annotated Fig 4 and 7 of Kabbani; due to the 112 above the claim is being interpreted to say in the second use state, the second pocket portion extends from the first side of the expansion member to form a second opening on the first side of the expansion member); and a first connection structure, connected to the expansion member, and configured to be detachably connected to the luggage body so that the luggage accessory is capable of being detachably connected to the luggage body, wherein when the luggage accessory is connected to the luggage body (Examiner Annotated Fig 4 and 7 of Kabbani), a first storage cavity is formed between the main body portion and the luggage body, the first pocket portion is located in the first storage cavity in the first use state (Examiner Annotated Fig 4 and 7 of Kabbani), and the first pocket portion is located outside the first storage cavity in the second use state and communicates with the first storage cavity by using the second opening (Examiner Annotated Fig 4 and 7 of Kabbani, due to the 112 above the limitation is being interpreted to say the second pocket portion is located in the first storage cavity in the second use state and communicates with the first storage cavity by using the second opening).
Regarding claim 13, Kabbani further discloses wherein the first pocket portion and the main body portion are formed by sewing a piece of fabric of an integral structure (Para 16 of Kabbani, made of a fabric whose edges are attached by sewing), the main body portion comprises a first part and a second part, a first edge of the first pocket portion and the first part are an integral structure, a second edge of the first pocket portion and the second part are an integral structure, a third edge of the first pocket portion is folded and overlapped and connected to a first side of the first connection structure, a fourth edge of the first pocket portion is folded and overlapped and connected to a second side of the first connection structure, and the first side and the second side are disposed back to back (Examiner Annotated Fig 4, 6, and 7 of Kabbani, Claim is interpreted as seen above in the 112 rejection).
Regarding claim 14, Kabbani further discloses wherein the at least one pocket portion further comprises a second pocket portion (Examiner Annotated Fig 4 and 7 of Kabbani), the second pocket portion, the main body portion, and the first pocket portion are formed by sewing a same piece of fabric of an integral structure (Para 16 of Kabbani, made of a fabric whose edges are attached by sewing), the main body portion further comprises a third part, a first edge of the second pocket portion and the second part are an integral structure, a second edge of the second pocket portion and the third part are an integral structure, a third edge of the second pocket portion is folded and overlapped and connected to the first side of the first connection structure, and a fourth edge of the second pocket portion is folded overlapped and connected to the second side of the first connection structure; and the second pocket portion is adjacent to the first pocket portion (Examiner Annotated Fig 4, 6, and 7 of Kabbani, Claim is interpreted as seen above in the 112 rejection).
Regarding claim 15, Kabbani further disclose wherein the main body portion further comprises a bottom plate part (Examiner Annotated Fig 6 of Kabbani), a first edge of the bottom plate part and the third part or the second part are an integral structure (Examiner Annotated Fig 4 of Kabbani), a second edge of the bottom plate part is connected to a third side of the first connection structure, the third side of the first connection structure is a bottom side and connected between the first side of the first connection structure and the second side of the first connection structure, a third edge of the bottom plate part is connected to one end of the third part, and a fourth edge of the bottom plate part is connected to the other end of the third part (Examiner Annotated Fig 4 of Kabbani).
Regarding claim 18, Kabbani further discloses wherein a first connector is disposed between the first pocket portion and the first part, a second connector is disposed between the first pocket portion and the second part, and the first connector and the second connector are detachably connected to close or open the first opening; and the first connector is a fifth zipper part, the second connector is a sixth zipper part, and the fifth zipper part and the sixth zipper part are detachably connected by using a third zipper head (Examiner Annotated Fig 7 of Kabbani).
Regarding claim 19, Kabbani further discloses wherein a third connector is disposed between the second pocket portion and the second part, a fourth connector is disposed between the second pocket portion and the third part, and the third connector and the fourth connector are detachably connected to close or open the second pocket portion; and the third connectoris a seventh zipper part, the fourth connectoris an eighth zipper part, and the seventh zipper part and the eighth zipper part are detachably connected by using a fourth zipper head (Examiner Annotated Fig 7 of Kabbani).
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 5-6 and 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Kabbani in view of Foreign Publication KR20120007043 by Tae-gyu (Here forth “Gyu”).
Regarding claim 5, Kabbani further discloses wherein the first connection structure further comprises a fourth side connected between the first side of the first connection structure and the second side of the first connection structure, the third side of the first connection structure and the fourth side of the first connection structure are disposed back to back (Examiner Annotated Fig 1 of Kabbani), and the fourth side of the first connection structure comprises a first subpart and a second subpart (Examiner Annotated Fig 1 of Kabbani); the first part comprises a first edge that connects an upper portion of the first side of the first connection structure to the first subpart and a second edge that connects an upper portion of the second side of the first connection structure to the second subpart, a top of the first edge is connected to a top of the second edge (Examiner Annotated Fig 1 of Kabbani), [Not taught: the first part further comprises a first inner edge and a second inner edge, a first end of the first inner edge is connected to a first end of the second inner edge, a second end of the first inner edge is connected to a second end of the second inner edge, the second end of the first inner edge is further connected to a joint between the first edge and the second edge, a second end of the second inner edge is also connected to the joint between the first edge and the second edge, the luggage accessory further comprises a second connection structure, the second connection structure is configured to detachably connect the first inner edge to the second inner edge, when the first inner edge is separated from the second inner edge, a third opening is formed between the first inner edge and the second inner edge, and the third opening is configured to communicate with the first storage cavity for a user to take and put articles from the third opening].
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Examiner Annotated Fig 1 of Kabbani
Kabbani does not expressly disclose a third opening created by a first and second inner edge that communicates with the first storage cavity.
Gyu discloses a similar luggage accessory that teaches the first part further comprises a first inner edge and a second inner edge, a first end of the first inner edge is connected to a first end of the second inner edge, a second end of the first inner edge is connected to a second end of the second inner edge (Examiner Annotated Fig 4 of Gyu), the second end of the first inner edge is further connected to a joint between the first edge and the second edge, a second end of the second inner edge is also connected to the joint between the first edge and the second edge (Examiner Annotated Fig 4 of Gyu, there is a joint where the two edges meet at the ends; When modifying Kabbani, the joint can be located between the first and second edges of the pocket portions), the luggage accessory further comprises a second connection structure, the second connection structure is configured to detachably connect the first inner edge to the second inner edge, when the first inner edge is separated from the second inner edge (Examiner Annotated Fig 4 of Gyu, a third opening is formed between the first inner edge and the second inner edge, and the third opening is configured to communicate with the first storage cavity for a user to take and put articles from the third opening (Examiner Annotated Fig 4 of Gyu; the second connection structure comprises a third zipper part connected to the first inner edge and a fourth zipper part connected to the second inner edge, and the fourth zipper part and the third zipper part are detachably connected by using a second zipper head).
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Examiner Annotated Fig 4 of Gyu
It would have been obvious to a person having ordinary skill in the art having the teachings of Kabbani and Gyu before them, when the application was filed, to have modified the luggage accessory of Kabbani to modify the luggage accessory to include a first and second inner edge that communicates with the first storage cavity, as taught by Gyu, to advantageously allow the user to have an additional opening into the first cavity to store items within.
Regarding claim 6, Kabbani as modified includes all of the limitations including wherein the first connection structure comprises a first zipper part, the luggage body comprises a second zipper part, the first zipper part and the second zipper part are detachably connected by using a first zipper head (Examiner annotated Fig 4 of Kabbani); and the second connection structure comprises a third zipper part connected to the first inner edge and a fourth zipper part connected to the second inner edge, and the fourth zipper part and the third zipper part are detachably connected by using a second zipper head (See the detailed description of the rejection of claim 5, Examiner Annotated Fig 4 of Gyu).
Regarding claim 16, Kabbani further discloses wherein the first connection structure further comprises a fourth side connected between the first side of the first connection structure and the second side of the first connection structure, the third side of the first connection structure and the fourth side of the first connection structure are disposed back to back (Examiner Annotated Fig 1 of Kabbani), and the fourth side of the first connection structure comprises a first subpart and a second subpart (Examiner Annotated Fig 1 of Kabbani); the first part comprises a first edge that connects an upper portion of the first side of the first connection structure to the first subpart and a second edge that connects an upper portion of the second side of the first connection structure to the second subpart, a top of the first edge is connected to a top of the second edge (Examiner Annotated Fig 1 of Kabbani), [Not taught: the first part further comprises a first inner edge and a second inner edge, a first end of the first inner edge is connected to a first end of the second inner edge, a second end of the first inner edge is connected to a second end of the second inner edge, the second end of the first inner edge is further connected to a joint between the first edge and the second edge, a second end of the second inner edge is also connected to the joint between the first edge and the second edge, the luggage accessory farther comprises a second connection structure, the second connection structure is configured to detachably connect the first inner edge to the second inner edge, when the first inner edge is separated from the second inner edge, a third opening is formed between the first inner edge and the second inner edge, and the third opening is configured to communicate with the first storage cavity for a user to take and put articles from the third opening].
Kabbani does not expressly disclose a third opening created by a first and second inner edge that communicates with the first storage cavity.
Gyu discloses a similar luggage accessory that teaches the first part further comprises a first inner edge and a second inner edge, a first end of the first inner edge is connected to a first end of the second inner edge, a second end of the first inner edge is connected to a second end of the second inner edge (Examiner Annotated Fig 4 of Gyu), the second end of the first inner edge is further connected to a joint between the first edge and the second edge, a second end of the second inner edge is also connected to the joint between the first edge and the second edge (Examiner Annotated Fig 4 of Gyu, there is a joint where the two edges meet at the ends; When modifying Kabbani, the joint can be located between the first and second edges of the pocket portions), the luggage accessory further comprises a second connection structure, the second connection structure is configured to detachably connect the first inner edge to the second inner edge, when the first inner edge is separated from the second inner edge (Examiner Annotated Fig 4 of Gyu, a third opening is formed between the first inner edge and the second inner edge, and the third opening is configured to communicate with the first storage cavity for a user to take and put articles from the third opening (Examiner Annotated Fig 4 of Gyu; the second connection structure comprises a third zipper part connected to the first inner edge and a fourth zipper part connected to the second inner edge, and the fourth zipper part and the third zipper part are detachably connected by using a second zipper head).
It would have been obvious to a person having ordinary skill in the art having the teachings of Kabbani and Gyu before them, when the application was filed, to have modified the luggage accessory of Kabbani to modify the luggage accessory to include a first and second inner edge that communicates with the first storage cavity, as taught by Gyu, to advantageously allow the user to have an additional opening into the first cavity to store items within.
Regarding claim 17, Kabbani as modified includes all of the limitations including wherein the first connection structure comprises a first zipper part, the luggage body comprises a second zipper part, the first zipper part and the second zipper part are detachably connected by using a first zipper head (Examiner annotated Fig 4 of Kabbani); and the second connection structure comprises a third zipper part connected to the first inner edge and a fourth zipper part connected to the second inner edge, and the fourth zipper part and the third zipper part are detachably connected by using a second zipper head (See the detailed description of the rejection of claim 16, Examiner Annotated Fig 4 of Gyu).
Claims 9 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Kabbani in view of US Publication 2014/0001191 by Ream (Here forth “Ream”).
Regarding claim 9, Kabbani does not expressly disclose that the expansion member is made of an elastic fabric with stretchable ratio of 1:1.3.
Ream disclose a similar wherein the expansion member is made of an elastic fabric, and the expansion member is configured to be deformed under the action of an external force; and the elastic fabric has a stretchable ratio of 1: 1.3 in horizontal and longitudinal directions (Para 6 of Ream, stretchable nylon is one of the material mentioned in the specification of the instant application of fitting the stretchable ration 1:1.3).
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 accessory expansion member to be an elastic fabric with a stretchable ratio of 1:13. Such a modification involves only a difference in recitation of relative material of the claimed device, and a device having the claimed relative material would not perform differently than the prior art device. Such modification would involve no change in function (see MPEP 2144.07). Further Applicant has not disclosed criticality for the claimed material.
Regarding claim 20, Kabbani further discloses wherein [Not taught: the expansion member is made of an elastic fabric, and the expansion member is configured to be deformed under the action of an external force; the elastic fabric has a stretchable ratio of 1: 1.3 in horizontal and longitudinal directions]; and the main body portion and/or the pocket portion are provided with a printed layer, and the printed layer has character, animal or cartoon facial feature patterns (Para 22 of Kabbani).
Kabbani does not expressly disclose that the expansion member is made of an elastic fabric with stretchable ratio of 1:1.3.
Ream disclose a similar wherein the expansion member is made of an elastic fabric, and the expansion member is configured to be deformed under the action of an external force; and the elastic fabric has a stretchable ratio of 1: 1.3 in horizontal and longitudinal directions (Para 6 of Ream, stretchable nylon is one of the material mentioned in the specification of the instant application of fitting the stretchable ration 1:1.3).
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 accessory expansion member to be an elastic fabric with a stretchable ratio of 1:13. Such a modification involves only a difference in recitation of relative material of the claimed device, and a device having the claimed relative material would not perform differently than the prior art device. Such modification would involve no change in function (see MPEP 2144.07). Further Applicant has not disclosed criticality for the claimed material.
Claim 12 are rejected under 35 U.S.C. 103 as being unpatentable over Kabbani in view of US Publication 2008/0229778 by Shelton (Here forth “Shelton”).
Regarding claim 12, Kabbani further discloses wherein the luggage body comprises a back plate assembly, and the luggage accessory is configured to be detachably connected to the back plate assembly (Examiner annotated Fig 4 of Kabbani, the accessory is attached to the backplate as it can attach to the luggage body); [Not taught: a waterproof] inter layer and/or a waterproof bag are disposed on one side, close to the luggage accessory, of the back plate assembly; the back plate assembly has a second storage cavity (2nd Examiner Annotated Fig 1 of Kabbani below); at least one of the first storage cavity and the second storage cavity is filled with a filler to form a pillow (2nd Examiner Annotated Fig 1 of Kabbani below, the storage cavity is capable of being filled with filler); and the back plate assembly comprises a back plate body (2nd Examiner Annotated Fig 1 of Kabbani below) and the [Not taught: waterproof] inter layer detachably connected to at least a part of the back plate body by using a second connection structure (2nd Examiner Annotated Fig 1 of Kabbani and Examiner Annotated Fig 4 of Kabbani), and the back plate body and the waterproof inter layer are surrounded to form the second storage cavity (2nd Examiner Annotated Fig 1 of Kabbani below).
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2nd Examiner Annotated Fig 1 of Kabbani
Kabbani does not expressly disclose that the material of the inter layer is waterproof.
Shelton discloses a similar bag that teaches the inter layer being waterproof (Para 36 of Shelton).
It would have been obvious to a person having ordinary skill in the art having the teachings of Kabbani and Shelton before them, when the application was filed, to have modified the luggage of Kabbani to modify the luggage to have the inter layer be waterproof, as taught by Shelton, to advantageously protect the contents within from water damage.
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
