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 .
Election/Restrictions
Applicant's election with traverse of Species I(a)(I), directed to Figs. 2A-5E, manual valve and woven fiber coated with a sealing material in the reply filed on 10/27/2025 is acknowledged. The traversal is on the ground(s) that the Species restriction is improper. This is not found persuasive. Applicant argues that there is unity between the flexible and woven fiber materials and the restriction requirement fails to address this subject relationship. It is addressed in the description of each species i.e.; one is directed to a woven fiber that is coated and the other is a flexible material. While there is overlap in the subject matter, art that could be used to reject a flexible material might not necessarily be used to reject flexible woven fabric and as such contains divergent subject matter i.e., species. Although examiner agrees that art that could be used to reject flexible woven fabric could also be used to reject flexible fabric. Applicant argues that “pillow type single layer apparatus” is a mischaracterization and is improper. The specification portions as cited refer to a lining or sealing materials or can be coated with, thusly the layer has a lining/seal/coating is it not referred to as an additional layer. Further the claim recites that multi-layered is made up of a woven fiber with a coating, thusly it uses conflicting language as well. It recites a coating not an additional layer and not a separate layer as shown in Figs. 6A-9B.Further the specification does not recite “multi-layer”, as such the description is line with the specification as presented. Claims 6, 12-13, 20-21 are withdrawn as being directed to an unelected Group and Species.
The requirement is still deemed proper and is therefore made FINAL.
Claim Rejections - 35 USC § 112(b)
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.
Claim 1-5, 7-11, 14-19 and 23 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 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.
Claim 1 recites the limitation "multi-layered flexible material, where in the flexible material of the body includes a woven fiber coated with a sealing material”, this is unclear. Does the applicant consider the sealing material an additional layer? Or just a sealant on the one layer of woven material? What is the additional layer? For purposes of compact prosecution, the examiner will treat the coating as an additional layer.
Claim 23 recites the limitation "composite layers" in line 4. There is insufficient antecedent basis for this limitation in the claim.
Claim 23 recites “the flexible material includes a sealing material” and “composite layers”, this is unclear. Is the flexible material made from a material that is used for seals/sealing? Is the sealing material a sealing layer on top a different flexible material? Is a sealing material mixed with a different material so as to make a composite layer? Are there then multiple of this to make composite layers as recited in the claim? It is unclear what is required as the specification does not recite “composite layers” to provide any clarity.
Claims not specifically mentioned are included due to their dependencies.
Claim Rejections - 35 USC § 112(d)
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 11 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. .
Claim 11 does not further limit the subject matter of claim 1 as it requires the body to be made from material configured to provide UV light protection.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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.
Claim(s) 22 and 25 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Growden US 2016/0264338 A1, herein after referred to as Growden.
Regarding claim 22 Growden discloses an apparatus (Figs. 1-9) for preservation of at least one article, comprising:
at least one container (12 package, Fig. 5) comprising:
a body (14 plurality of walls) including an interior cavity (16 interior space) in communication with an opening (20 opening) configured to receive an article;
an access door (22 closure) that provides access to the interior cavity along the opening of the at least one container (Fig. 5),
an inlet valve (60 entrance port) positioned along the body that provides one-way fluid flow of a one or more gases into the interior cavity (paragraph [0042]); and
a manually adjustable outlet valve (50 exit port) positioned along the body that provides one-way fluid flow communication from the interior cavity to the external environment (paragraph [0041], lines 6-13),
wherein the body comprises a flexible material that provides a moveable structure and shape (resealable bag, Fig. 5).
Regarding claim 25 Growden discloses the apparatus of claim 22 and further discloses wherein the outlet valve (50) is configured for manual control to modulate a flow of rate of air being expelled through the outlet valve such that the outlet valve accommodates constricting or dilating a venting path through the outlet valve until a desired flow rate is reached (paragraph [0041], the valve can go between and open and closed and will go through an intermediary state between open and closed and as such the flow rate can be controlled by either opening or closing the valve to the desired amount).
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.
Claim(s) 1-5, 7-9, 11 and 14-19 are rejected under 35 U.S.C. 103 as being unpatentable over Growden in view of Gipson et al. US 2003/0031388 A1 and Secchi et al. US 2018/0141737 A1, herein after referred to as Gipson and Secchi, respectively.
Regarding claim 1 Growden discloses an apparatus (Figs. 1-9) for preservation of at least one article capable of being footwear, comprising:
at least one container (12 package, Fig. 5) configured to maintain an internal atmospheric composition (abstract), to preserve an article, the at least one container including:
a body (14 plurality of walls) comprising an interior cavity (16) in communication with an opening (20) configured to receive an article (footwear),
the body defining at least a first panel and a second panel (front and back wall, Fig. 5) that collectively encapsulate the interior cavity (Fig. 5), both of the first panel and the second panel of the body being formed of a flexible material that provides a moveable structure and shape to accommodate varying shapes and sizes for the article (panels form a reusable bag, which is flexible and can hold footwear, Fig. 5), the material further configured to provide air and moisture protection (bag is sealed so it protects from air and moisture);
an access door (22 closure) that provides access to the interior cavity (16) along the opening (20) of the at least one container, the access door including a sealing mechanism (26 zipper lock) that couples the access door along the opening such that the sealing mechanism prevents permeation of air from an external environment into the interior cavity (paragraph [0039]);
an inlet valve (60) coupled to the interior cavity (Fig. 5) configured to provide one-way fluid flow of a selected gas from an inflator device into the interior cavity to reach and maintain the internal atmospheric composition and preserve the article (paragraph [0060], Fig.1), the selected gas configured to preserve a color configuration of the article and structural integrity of the article (paragraph [0045], lines5-6, 100% nitrogen); and
an outlet valve (50) coupled to the interior that establishes one-way fluid flow communication from the interior cavity to the external environment, the outlet valve configured to modulate a predetermined flow of air being expelled through the outlet valve (paragraph [0041]).
Growden is silent to both of the first panel and the second panel of the body being formed of a multi-layered flexible material the includes a woven fiber coated with a sealing material that provides a moveable structure and shape to accommodate varying shapes and sizes for the article, the multi-layered flexible material further configured to provide airtight resistance to chemicals, temperature, ozone, moisture (mold and mildew), ultraviolet (UV) light and abrasion protection; and wherein the first panel comprises an opaque material, and wherein at least some of the second panel comprises a transparent material that defines a transparent portion, the transparent portion including an ultraviolet (UV) blocking property, the transparent portion defined opposite the first panel to accommodate viewing of the article along a discrete portion of the second panel.
Gipson teaches a container (Figs. 1-11D) made from a first panel and second panel (either side of the container, Fig. 4) that are formed of a multi-layered flexible material (abstract, paragraph [0019]) that includes a woven fiber coated with a sealing material (paragraph [0020], lines 1-4, paragraph [0025]) that provides a moveable structure and shape to accommodate vary shape and sizes (the material is flexible) and configured to provide resistance to chemicals, temperature, ozone (air), moistures, UV light and abrasion protection (paragraph [0025], lines 1-8, paragraph [0019], lines 16-18).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include the multi-layered woven fiber coated with a sealant flexible material as taught by Gipson as doing so is well known in the art and would yield predictable results. The material as taught by Gipson would also allow for a container with increased strength and puncture resistance. Additionally, it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice.
Secchi teaches a container (Figs. 1-32) made from a first panel (120 chamber film) and a second panel (18 chamber film) that are formed of multi-layered flexible material (paragraph [0091] including polyolefins, polyester and polyvinyl as taught in Gipson as well) and paragraph [0107] lines 15-paragraph [0108] line 2), that provide moveable structure and shape to accommodate varying shapes and sizes (paragraph [0120], lines 1-2) and is configured to provide air, moisture and ultraviolet light protection (paragraph [0110], lines 1-11) and teaches the first panel (120) is opaque (paragraph [0193], lines 10-14) and wherein at least some of the second panel is transparent (paragraph [0193], lines 1-5) and the transparent portion including ultraviolet blocking properties (the films have ultraviolet blocking layers), the transparent portion opposite the first panel to accommodate viewing of the article along a discrete portion of the second panel (paragraph [0193], lines 1-14, allows the user to see in one side of the container).
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 material of Growden and Gipson to include the opacity and transparent qualities as taught by Secchi as doing so is well known and would yield predictable results. Also, it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. Additionally, it is obvious to have the orientation of the transparent portion and opaque portions in any configuration since it has been held that the rearranging of parts of an invention involves on routine skill in the art and will allow the user to see the contents without disturbing articles (footwear) the protected environment.
Regarding claim 2 Growden as modified discloses the apparatus of claim 1 and further discloses wherein the first panel comprises an opaque material, and wherein at least some of the second panel comprises a transparent material that defines a transparent portion, the transparent portion including an ultraviolet (UV) blocking property, the transparent portion defined opposite the first panel to accommodate viewing of the article along a discrete portion of the second panel (as taught by Secchi above).
Regarding claim 3 Growden as modified discloses the apparatus of claim 1 and further discloses wherein the outlet valve (50) is configured for manual control to modulate a flow of rate of air being expelled through the outlet valve such that the outlet valve accommodates constricting or dilating a venting path through the outlet valve until a desired flow rate is reached (paragraph [0041], the valve can go between and open and closed and will go through an intermediary state between open and closed and as such the flow rate can be controlled by either opening or closing the valve to the desired amount).
Regarding claim 4 Growden as modified discloses the apparatus of claim 1 and further discloses wherein the selected gas includes at least one noble or inert gas (paragraph [0045], lines 5-6, 100% nitrogen).
Regarding claim 5 Growden as modified discloses the apparatus of claim 1 and further discloses wherein the selected gas is devoid of moisture or oils (it is pure nitrogen).
Regarding claim 7 Growden as modified discloses the apparatus of claim 1 and further discloses wherein the inlet valve (60) is a one- way pressure release valve (paragraph [0042], line 5).
Regarding claim 8 Growden as modified discloses the apparatus of claim 1 and further discloses wherein the inlet valve (60) engages with an external canister that provides the selected gas to accommodate one-way fluid flow communication of the selected gas from the external canister into the interior cavity of the at least one container (paragraph (0042], Fig. 1).
Regarding claim 9 Growden as modified discloses the apparatus of claim 1 and further discloses wherein the outlet valve (50) configured for manual operation (paragraph [0041], lines 8-13).
Regarding claim 11 Growden as modified discloses the apparatus of claim 1 and further discloses wherein the at least one container is configured to limit or prevent ultraviolet radiation from entering the interior cavity (Secchi paragraph [0110], lines 1-11, and Gipson paragraph [0025], line 6).
Regarding claim 14 Growden as modified discloses the apparatus of claim 1 and is further capable of housing a shoe including a color configuration (any shoe will have a color configuration), such that the at least one container encloses the shoe within the interior cavity and protects the shoe from the external environment (the container is flexible, stretchable and extendable Secchi paragraph [0120]) and the article placed within is protected from the outside environment). Additionally, it has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed (holding a particular type of shoe) does not limitations.
Regarding claim 15 Growden as modified discloses the apparatus of claim 14 and further discloses wherein the internal atmospheric composition associated with the selected gas reduces a change in the color configuration of the shoe over time (the selected gas is an inert gas and thus non-reactive so the article within will resist changes associated with time in ambient environments).
Regarding claim 16 Growden as modified discloses the apparatus of claim 1 and is further capable of housing a shoe including a sole including a plastic or rubber material (any shoe will have a plastic or rubber sole), such that the at least one container encloses the shoe within the interior cavity and protects the shoe from the external environment (the container is flexible, stretchable and extendable Secchi paragraph [0120]) and the article placed within is protected from the outside environment). Additionally, it has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed (holding a particular type of shoe) does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations.
Regarding claim 17 Growden as modified discloses the apparatus of claim 16 and further discloses wherein the internal atmospheric composition associated with the selected gas reduces a change in integrity of the sole over time (the selected gas is an inert gas and thus non-reactive so the article within will resist changes associated with time in ambient environments).
Regarding claim 18 Growden as modified discloses the apparatus of claim 1 and is further capable of housing a shoe having an adhesive (shoes are made with adhesives), such that the at least one container encloses the shoe within the interior cavity and protects the shoe from the external environment (the container is flexible, stretchable and extendable Secchi paragraph [0120]) and the article placed within is protected from the outside environment). Additionally, it has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed (holding a particular type of shoe) does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations.
Regarding claim 19 Growden as modified discloses the apparatus of claim 18 and further discloses wherein the internal atmospheric composition associated with the selected gas reduces a change in the adhesive of the shoe over time (the selected gas is an inert gas and thus non-reactive so the article within will resist changes associated with time in ambient environments).
Claim(s) 10 is rejected under 35 U.S.C. 103 as being unpatentable over Growden in view of Gipson and Secchi as applied to claim 1 and in further view of Fairbanks US 2015/0307217 A1, herein after referred to as Fairbanks.
Regarding claim 10 Growden as modified discloses the apparatus of claim 1. Growden as modified is silent to wherein the outlet valve is configured to release pressurized air within the interior cavity when an air pressure within the interior cavity reaches a predetermined threshold value.
Fairbanks teaches and outlet valve (3 outlet valve) that is configured to release pressurized air within the interior cavity when an air pressure within the interior cavity reaches a predetermined threshold value (paragraph [0026]).
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 outlet valve of Growden to include the pressure release as a predetermined threshold as doing so is well known and would yield predictable results. Additionally, this will prevent the container from being over pressured and causing undue strain and fatigue on the container.
Claim(s) 24 is rejected under 35 U.S.C. 103 as being unpatentable over Growden in view of Secchi.
Regarding claim 24 Growden as modified discloses the apparatus of claim 1. Growden is silent to the material providing UV protection from the external environment (Secchi paragraph [0110], lines 1-11).
Secchi teaches a container (Figs. 1-32) made from a first panel (120 chamber film) and a second panel (18 chamber film) that are made from a flexible material (paragraph [0091]) and are configured to provide ultraviolet light protection (paragraph [0110], lines 1-11).
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 material of Growden to include the UV protection qualities as taught by Secchi as doing so is well known and would yield predictable results to protect the footwear within the container from UV damage. Also, it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Lauren Kmet whose telephone number is (313)446-4834. The examiner can normally be reached M-F 9am-6pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anthony Stashick can be reached at (571) 272-4561. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/L KMET/ Examiner, Art Unit 3735
/Anthony D Stashick/ Supervisory Patent Examiner, Art Unit 3735