DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This Office Action acknowledges the applicant’s amendment filed on 3/13/2026 and 4/28/2026. Claims 1-5 and 7-21 are pending in the application. Claim 6 is cancelled. Claims 10-20 are withdrawn from consideration. Claim 21 is new.
The text of those sections of Title 35, U.S. code not included in this action can be found in a prior Office Action.
Claim Rejections - 35 USC § 103
Claim(s) 1, 7 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Luo US 2011/0011759 A1 in view of Cuong et al. US 8,567,578 B2 and further in view of Harlocker US 2005/0205444 A1.
PNG
media_image1.png
438
437
media_image1.png
Greyscale
With regards to claim 1, Luo (Fig. 6-10) discloses a laptop bag with a sun-shading function, comprising a first package 1 and a second package 2 that are rectangular in shape and made of a flexible first layer group (Para. 0089), wherein edges of the first package and/or the second package are provided with sides of a certain height, and the corresponding edges of the first package and the second package are fixedly connected through the sides to form a handle section (at the hinge area); a left support plate 8 and a right support plate 10 made of a third layer group are stitched on two side faces of the second package adjacent to the handle section; a top plate 9 made of a third layer group is stitched on a side of the second package opposite to the handle section, and the top plate is capable of rotating relative to the second package; both sides of the top plate extend outward to form a left wing plate 19 and a right wing plate 20 respectively, with a left transition section formed between the top plate and the left wing plate and a right transition section formed between the top plate and the right wing plate; hook sides of Velcro 110/111 (Para. 0077; Para. 0012 and 0074 lines 17-18, recite the magnetic fasteners and hook and loop fasteners are interchangeable) are fixedly arranged on upper outer parts of both the left support plate and right support plate, and the left wing plate and right wing plate are detachably connected to the hook sides of Velcro respectively.
Luo discloses the laptop bag is formed of several layers of flexible materials but it does not specifically disclose a flexible second layer group is stitched inside the first package, forming a storage pocket with an opening, wherein the opening of the storage pocket faces the handle section.
PNG
media_image2.png
392
477
media_image2.png
Greyscale
However, Cuong (Fig. 12A-12D) teaches that it was known in the art to have a laptop bag have a flexible second layer group is stitched inside the first package, forming a storage pocket with an opening, wherein the opening of the storage pocket faces the handle section (at 1201). (Col 13:43-47)
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the inside of the first package in Luo by providing a storage pocket as taught by Cuong for the purposes of providing an area to store articles and protect them from loss and damage.
Luo discloses a left support plate 8, right support plate 10 and a top plate 9 but it does not specifically disclose the plates are made of a rigid third layer group.
However, Harlocker teaches that it was known in the art to have a laptop bag have a left support plate 66, right support plate 68 and a top plate 64 made of a rigid (stiff) third layer group. (Para. 0029 and 0031)
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the left support plate, right support plate and a top plate in Luo by forming them of a third rigid layer group as taught by Harlocker for the purposes of forming the plates around the computer for privacy and light shade.
Luo (Fig. 6-10) discloses a left and right support plates 8/10 but it does not specifically disclose the bottom edges of the left support plate and right support plate are inclined, such that when the left support plate and right support plate are unfolded and stand upright on the first package through front sides thereof, gaps are formed between rear sides of the support plates and the first package.
However, and alternative embodiment of Luo (Fig. 27-28) teaches that it was known in the art to have a laptop bag have left and right support plates 8/10 with bottom edges of the left support plate and right support plate are inclined at (at 61/62), such that when the left support plate and right support plate are unfolded and stand upright on the first package through front sides thereof, gaps are formed between rear sides of the support plates and the first package. (Para. 0096)
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the left and right support plates in Luo (Fig. 6-10) by providing an incline as taught by Luo (Fig. 27-28) for the purposes of providing access to portions of the laptop when it is in the first package.
Luo (Fig. 6-10) does not specifically disclose the first package and the second package are opened and closed through a zipper (Para. 0010) stitched on the sides.
However, an alternative embodiment of Luo (Fig. 13-14) teaches that it was known in the art to have the first package 1 and the second package 2 are opened and closed through a zipper 27/28 stitched on the sides. (Para. 0010 and 0083)
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the first and second package in Luo (Fig. 6-10) by providing a zipper as taught by Luo (Fig. 13-14) for the purposes of binding and closing the first and second package together and closed.
With regards to claim 7, Luo (Fig. 6-10) does not specifically disclose chamfers are provided at front ends of the left wing plate and the right wing plate to prevent corners of the left wing plate and the right wing plate from protruding and being touched by a laptop operator when the top plate is raised.
It would have been obvious to one having ordinary skill in the art at the time the invention was made to have chamfers are provided at front ends of the left wing plate and the right wing plate since it was known in the art that doing so would allow a transition from opening and closing the left and right wing plates easier.
With regards to claim 9, Luo discloses elastic straps 15/16 and a handle 3 but it does not specifically disclose the elastic straps are stitched on outer sides of the left wing plate and the right wing plate for hanging stationery such as pens; and the handle is arranged on an outer side of the handle section.
It would have been obvious to one having ordinary skill in the art at the time the invention was made to have the elastic straps are stitched on outer sides of the left wing plate and the right wing plate and the handle arranged on an outer side of the handle section, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Allowable Subject Matter
Claims 2-5, 8 and 10 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim 21 is allowed.
Response to Arguments
Applicant's arguments filed 3/13/2026 have been fully considered but they are not persuasive. The Applicant argues “The cited references do not teach or suggest the specific integrated arrangement recited in Claim 1”, the Examiner respectfully disagrees. Lou discloses a laptop bag having a first and second package with a sun-shading function, formed of several layers of materials, as described above in Fig. 6-10 and alternative embodiments found in Figs. 13-14 and 27-28 and throughout the specification, specifically, para. 0012, 0074, 0077, 0089 and 0096). Cuong was cited to teach it was known in the art to have a flexible second layer group stitched inside the first package, thereby forming a storage pocket with an opening facing the handle section, as recited above. Harlocker was cited to teach a top plate made of a rigid third layer group and rotatable relative to the second package.
The Applicant argues “Luo does not teach the claimed inclined support plate / rear gap geometry and the resulting functional relationship”; the Examiner respectfully disagrees. In an alternative embodiment of Lou Fig. 27-28, annotated below and recited above in the rejection, shows the bottom edges of the left and right support plates are inclined (at 61/62), creating a gap between the rear sides of the support plate and the first package.
PNG
media_image3.png
458
560
media_image3.png
Greyscale
The Applicant argues “Cuong does not teach a flexible second layer group stitched inside the first package to form a storage pocket whose opening faces the handle section”, the Examiner respectfully disagrees. As shown above, Cuong teaches a storage pocket with its opening facing a handle section of the bag and the bag opening.
The Applicant argues Lou or Cuong does not disclose the (1) the structure is stitched inside the first package; (2) the stitching forms the storage pocket within the first package; and (3) the opening of that storage pocket faces the handle section. In accordance to MPEP 2113, the method of forming the device is not germane to the issue of patentability of the device itself. Therefore, this limitation has not been given patentable weight. Please note that even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product, i.e. second flexible layer (pocket), does not depend on its method of production, i.e. stitching. In re Thorpe, 227 USPQ 964, 966 (Federal Circuit 1985).
The Applicant argues “The proposed combination lacks a sufficient reasoned basis and appears to rely on hindsight reconstruction”. In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENINE SPICER whose telephone number is (313)446-4924. The examiner can normally be reached 9:00am-5:00pm, Monday-Thursday.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Orlando E. Avilés can be reached at (571) 270-5531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JENINE SPICER/Examiner, Art Unit 3736
/ORLANDO E AVILES/Supervisory Patent Examiner, Art Unit 3736
Prosecution Insights