DETAILED ACTION
Claim Objections
Claim 24 is objected to because of the following informalities: the phrase “the at least one fastener are disengaged with each other” does not have proper number agreement. Appropriate correction is required.
Claim 25 is objected to because of the following informalities: the phrase “of the at least one fastener is disengaged” should be “of the at least one fastener are disengaged”. Appropriate correction is required.
Claim 28 is objected to because of the following informalities: the phrase “the at least one fastener of the rear panel are engaged with each other” does not have proper number agreement. Appropriate correction is required.
Claim 34 is objected to because of the following informalities: the phrase “the at least one fastener of the rear panel are engaged with each other” does not have proper number agreement. Appropriate correction is required.
Claim 35 is objected to because of the following informalities: lines 11 and 12 are repeated phrases – one of the lines should be deleted.
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.
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 24 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.
Claim 24 recites the limitation "the second surface" in line 3/4. There is insufficient antecedent basis for this limitation in the claim.
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) 21-24, 26-31, 34-35, 37-39 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Scicluna (US 5,984,154).
Regarding claim 21, Scicluna discloses a bag assembly 10 comprising: a main body 10 having: a front panel 24; a rear panel 22/20/60, the rear panel comprising: a first surface 22, the first surface forming an outer surface of the rear panel, a detachable surface 60, the detachable surface adjacent to the first surface of the rear panel; and at least one fastener 64 on the rear panel, the at least one fastener comprising: a first component 64, and a second component 64 (see Figure 2 showing both components), wherein the first component of the at least one fastener is positioned to the detachable surface 60 and the second component positioned to at least one panel 22 of the main body (Figure 2), wherein when the first component and the second component of the at least one fastener are engaged with each other, the detachable surface conceals the first surface of the rear panel (Figure 1), and wherein disengagement of the first component and the second component of the at least one fastener, the first surface of the rear panel is revealed (Figures 2 and 3).
Regarding claim 22, Scicluna discloses at least one peripheral panel 12/14/16/18, the at least one peripheral panel joined to and extending from the front panel, the rear panel 22 joined to the at least one peripheral panel opposite the front panel 24.
Regarding claim 23, at least one handle 44 is secured to an outer surface of at least one panel of the main body.
Regarding claim 24, an opening (see Figure 4, opening defined at the top of panels 22 and 20), positioned on an upper portion between the first surface 20 and the second surface 60 of the rear panel, the opening forming a compartment (Figure 4) to conceal one or more straps 50.
Regarding claim 26, the first component 64 and the second component 64 of the at least one fastener 64 is disengaged with each other (Figure 6), the detachable surface is disengaged with the main body and is temporarily secured to a compartment (see attachment at 66/68 secured to the main compartment of the main body), the compartment positioned to at least one peripheral panel 18 of the main body.
Regarding claim 27, Scicluna discloses at least one strap 50, the at least one strap comprises a first end and a second end (Figure 3), the first end is secured to at least one panel of the main body and the second end of the at least one strap comprises of a fastening mechanism (col. 5 lines 8-28).
Regarding claim 28, wherein when the at least one fastener 64 of the rear panel are engaged with each other (Figure 1), the first surface is concealed by the detachable surface (Figure 1), wherein the detachable surface comprises of durable material (col. 3 lines 57-58) and is seamless (Figure 1) configured to contact a surface.
Regarding claim 29, a bag assembly 10 comprising: a main body 10 having: a front panel 24; a rear panel 22/20/60, the rear panel comprising: a first surface 22 forming an outer surface of the rear panel; a second surface 20 positioned adjacent to the first surface of the rear panel, wherein an opening is between the first surface and the second surface (Figure 4), the opening forming a compartment (Figure 4); a detachable surface 60, the detachable surface adjacent to the outer surface of the rear panel; at least one fastener 64 on the rear panel, the at least one fastener comprising: a first component 64, and a second component 64, wherein the first component of the at least one fastener is positioned to the detachable surface and the second component positioned to at least one panel of the main body (Figure 2), wherein when the first component and the second component of the at least one fastener are engaged with each other (Figure 1), the detachable surface conceals the first surface of the rear panel (Figure 1), and wherein disengagement of the first component and the second component of the at least one fastener 64 (Figure 2 and 3), the first surface 22 of the rear panel and at least one strap 50 are revealed (Figure 2).
Regarding claim 30, at least one strap 50 is configured to be grasped by a user, the at least one strap having a first end and a second end (Figure 3), wherein the first end is secured to at least one surface of the rear panel (upper surface of panel 22), wherein the second end includes a fastening mechanism (col. 5 lines 8-28), the fastening mechanism comprising a first component 56, wherein a lower portion of the first surface of the rear panel includes a second fastener 58 of the fastening mechanism configured to engage with the first fastener.
Regarding claim 31, when the user’s upper body is not in contact with the rear panel, the at least one strap 50 is configured to be stowed to the compartment of the rear panel (see Figures 1 and 2).
Regarding claim 34, the at least one fastener 64 of the rear panel are engaged with each other, the first surface is concealed by the detachable surface (Figure 1), wherein the detachable surface comprises of durable material (col. 3 lines 57-58) and is seamless (Figure 1) configured to contact a surface.
Regarding claim 35, Scicluna discloses a bag assembly 10 comprising: a main body 10 having: a front panel 24; at least one peripheral panel 12/14/16/18 joined to and extending from the front panel; a rear panel 22/20/60 joined to the at least one peripheral panel opposite the front panel, the rear panel comprising: a first surface 22 forming an outer surface of the rear panel; a second surface 60 positioned adjacent to the first surface of the rear panel, wherein an opening (Figure 4) is between the first surface and the second surface, the opening forming a compartment (Figure 4); at least one fastener 64 on the rear panel, the at least one fastener comprising: a first component 64, and a second component 64, wherein the first component of the at least one fastener is positioned to the detachable surface and the second component positioned to at least one panel of the main body (Figure 2), wherein when the first component and the second component of the at least one fastener are engaged with each other (Figure 1), the detachable surface conceals the first surface of the rear panel (Figure 1), and wherein disengagement of the first component and the second component of the at least one fastener (Figure 2 and 3), the first surface of the rear panel 22 and at least one strap 50 are revealed, the at least one strap 50 comprises a first end and a second end (Figure 3), the first end is secured to at least one panel of the main body (upper end of panel 22) and the second end of the at least one strap comprises of a fastening mechanism 56.
Regarding claim 37, the at least one strap 50 having a first end and a second end (Figure 3), wherein the first end is secured to the rear panel 22 of the main body, wherein the second end includes a first fastener 56, wherein a lower portion of the rear panel includes a second fastener 58 configured to engage with the first fastener 56 of the second end of the strap when a user's torso contacts the rear panel.
Regarding claim 38, the second surface 20 of the rear panel comprises of one or more fabric materials (col. 3 lines 57-58), wherein at least one fabric material is padding (col.5 lines 39-44).
Regarding claim 39, at least one handle 44 is positioned to an outer surface of at least one panel of the main body.
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) 25 is rejected under 35 U.S.C. 103 as being unpatentable over Scicluna in view of McArthur (US 4,883,207).
Regarding claim 25, Scicluna discloses a portion 62 of the detachable surface is secured to the main body, wherein the detachable surface configured to fold over itself (Figure 2 and 6) at least once when the at least one fastener 64 are disengaged with each other. Scicluna does not disclose a compartment positioned to at least one peripheral panel of the main body configured to temporarily secure the detachable surface. McArthur discloses a similar bag assembly with a detachable surface 30 that can be folded and stowed in a compartment 28 on a peripheral surface of the main body – see Figure 9 and 10 and col. 5 lines 65- col. 6 line 4. Therefore, it would have been obvious to one of ordinary skill in the art at the time of invention to provide similar compartment on the bottom peripheral panel of Scicluna in order to store surface 60 and maintain its folded position when the shoulder straps are being used.
Claim(s) 32 is rejected under 35 U.S.C. 103 as being unpatentable over Scicluna in view of Von Neumann (US 6,189,750).
Regarding claim 32, Scicluna discloses shoulder straps 50 but does not disclose an offset member secured between the top portion of the at least one strap and the first surface of the rear panel, the offset member comprising one or more layers of fabric material. However, Von Neumann discloses a bag having shoulder straps 26 attached at a top portion by an offset member (see strap portion to which ring 30 is attached) and fasteners 28/30 to an upper side of rear panel 18. Therefore, it would have been obvious to one of ordinary skill in the art at the time of invention to secure the shoulder straps of Scicluna to an offset member as taught by Von Neumann in order to make the shoulder straps detachable from the bag assembly.
Claim(s) 33 is rejected under 35 U.S.C. 103 as being unpatentable over Scicluna in view of Godshaw et al. (US 6,592,012).
Regarding claim 33, Scicluna does not disclose at least one waist strap positioned to the compartment of the rear panel. Godshaw et al. teaches that it is known to provide stowable/deployable shoulder straps 60/62 and waist belts 34/36/44/46 on the rear panel of a bag assembly. Therefore, it would have been obvious to one of ordinary skill in the art at the time of invention to provide similar stowable waistbelts to the rear panel of Scicluna in order to transfer some weight of the bag to the user’s waist/hips when being used/worn with the shoulder straps.
Claim(s) 40 is rejected under 35 U.S.C. 103 as being unpatentable over Scicluna in view of Godshaw (US 6,601,743).
Regarding claim 40, Scicluna does not discloses fasteners secured to an outer surface of the at least one peripheral panel of the main body, the one or more fasteners configured to adjust dimensions of the main body when increasing or decreasing tension when pulled or loosened. However, Godshaw teaches that it is known to secure various compression straps and fasteners 50/52/60/62/122/124 on the outer panels of a bag assembly in order to adjust the dimensions/internal storage space of the bag. Therefore, it would have been obvious to one of ordinary skill in the art at the time of invention to provide similar compression straps and fasteners on the peripheral panels of the Scicluna bag in order to compress or open up the storage space when needed.
Claim(s) 41 is rejected under 35 U.S.C. 103 as being unpatentable over Scicluna in view of Farris (US 5,676,293).
Regarding claim 41, Scicluna discloses an opening on an upper portion of the compartment formed behind panel 20 (see Figure 4) for storage of shoulder straps 50 but does not disclose an opening on a lower portion of the compartment for one or more waist straps. However, Farris teaches that it is known to provide the rear panel 224 of a bag assembly with shoulder straps 252/254 and waist belts 282/286 on a lower portion of the rear panel, wherein the waist belts are stowable through openings 281 to access a compartment behind panel 292. Therefore, it would have been obvious to one of ordinary skill in the art at the time of invention to provide similar openings on the panel 20 of Scicluna and corresponding waistbelts stowable therein in order to provide an optional waistbelt when the shoulder straps are being used to carry the bag assembly (e.g. to improve weight distribution).
Conclusion
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/COREY N SKURDAL/Primary Examiner, Art Unit 3734