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 .
Reconsideration
The merits of this case have been carefully examined again in light of applicant's response received 4/5/2026. The rejection of record under 35 USC 112 (a) & (b) has not been overcome and is set forth again and made final.
Claim rejections
The claim is rejected under 35 U.S.C. 112(a) and (b) or 35 U.S.C. 112 (pre-AIA ), first
and second paragraphs, as the claimed invention is not described in such full, clear,
concise and exact terms as to enable any person skilled in the art to make and use the
same, and fails 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.
The claim is indefinite and non-enabling because there are inconsistencies between the
views of the drawings that are so great that the overall appearance of the design is
unclear (MPEP § 1504.04), specifically:
It is to be noted that the following annotations primarily show the backpack
without the right and left covers deployed. However, any rejection applying to the
ones without the deployed covers will also effect any views with the covers
shown deployed as the views are similar. All views need to be corrected and
consistent.
Figs. 5 and 9 show a zipper pull that appears inside of the front pocket. How far inside is this zipper pull? What does this zipper pull appear like from the front? Only the side of the zipper pull is visible. Additionally, how far recessed is the opening for this zipper pull? One way the applicant may overcome this rejection is by converting these interior segments and the interior zipper pull into broken lines and adding a broken line statement to the specification describing the broken lines as not part of the claimed design. See the annotation of Fig. 5 as an example below. Please note: that while not shown, Fig. 9 shares the same issues as Fig. 5.
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893
822
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The bottom and top views are confusing and open to conjecture. The bottom view is shown as more rectangular, whereas, the front of the bag in the top view is shown with more of a taper. Fig. 7 is shown shaded below to show the areas where Fig. 6 can still be seen while Fig. 6 is on top of Fig. 7. See the annotation of Figs. 6 and 7 as an example below.
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1182
1103
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If replacement drawings are submitted
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. If all the figures on a drawing sheet are canceled, a replacement sheet is not required. A marked-up copy of the drawing sheet (labeled as “Annotated Sheet”) including an annotation showing that all the figures on that drawing sheet have been canceled must be presented in the amendment or remarks section that explains the change to the drawings. 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.
Caution against new matter
When preparing new or replacement drawings, be careful to avoid introducing new matter. New matter is prohibited by 35 U.S.C. 132 and 37 CFR 1.121(f).
Final Action
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 extension fee 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.
Conclusion
Accordingly the claim is finally rejected under 35 U.S.C. 112 (a) and (b).
Contact information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DUSTIN GRIFFITH whose telephone number is (571)272-1797. The examiner can normally be reached on Monday-Thursday 10:00am – 7:00pm & Friday 1:00PM – 6:00PM EST.
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, Ian Simmons can be reached on (571)-272-2658. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/D.A.G./Examiner, Art Unit 2913
/IAN SIMMONS/Supervisory Patent Examiner, Art Unit 2913
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