DETAILED ACTION
Preliminary Amendment
Acknowledgement is made of applicant’s preliminary amendment of January 5, 2026 wherein Reproductions 2.1-2.7 and the corresponding descriptions have been cancelled from the disclosure by the applicant. No new matter has been introduced.
Foreign Priority
Acknowledgment is made of applicant’s claim for foreign priority based on an application filed in the European Trademark Office on September 23, 2024. It is noted, however, that applicant has not filed a certified copy of application number 015073975-0002 as required by 37 CFR 1.55. There is a different Foreign Priority application uploaded to the application file wrapper with a different application number and the design shown in the uploaded application does not match the one shown in the claimed design.
In the case of a design application, the certified copy must be filed during the pendency of the application, unless filed with a petition under 37 CFR 1.55(g) together with the fee set forth in 37 CFR 1.17(g), that includes a showing of good and sufficient cause for the delay in filing the certified copy of the foreign application. If the certified copy of the foreign application is filed after the date the issue fee is paid, the patent will not include the priority claim unless corrected by a certificate of correction under 35 U.S.C. 255 and 37 CFR 1.323.
Claim Rejection - 35 USC §112(a)&(b)
The claim is rejected under 35 U.S.C. 112 (a)&(b), as the claimed invention is not described in such a full, clear, concise and exact terms as to enable any person skilled in the art to make and use the same, and fails to point out and distinctly claim the subject matter which the inventor regards as the invention.
The claim is indefinite and non-enabling for the following reasons:
A.) Broken lines have been used in the figures, but their meaning has not been clearly described in the broken line statement in the specification.
“;the dotted lines illustrate stitching on the bag.”
The broken lines shown in the drawings are dashed broken lines, and it is unclear from reading the current broken line statement if the broken lines are to be included in the claimed design, or if they are unclaimed.
This rejection can be overcome by amending the broken line statement to address the dashed broken lines used in the drawings, and explain whether the dashed broken lines are included in the claimed design.
For example, if the dash lines representing stitching on the Bag and are meant to be included in the claim, the broken line statement could read: “The dashed broken lines represent stitching on the bag and are included in the claimed design.”
If the broken lines are not included in the claimed design, the broken line statement could read: “The dashed broken lines show stitching that forms no part of the claimed design.”
B.) There is an inconsistency where the top handle connects on the right side of the Bag in Rep. 1.1 compared to 1.2 and 1.3. Less space is shown between the hardware and top handle in 1.1 compared to more space in the same area of the handle in 1.2 and 1.3. See the following illustration that points to this inconsistency.
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To overcome this rejection, the Examiner suggests for the Applicant to amend the inconsistent area shown on the right side of the top handle for consistency throughout the reproductions.
When preparing new or replacement reproductions, be careful to avoid introducing new matter. New matter is prohibited by 35 U.S.C. 132 and 37 CFR 1.121(f).
Any amended replacement reproduction sheet should include all of the reproductions appearing on the immediate prior version of the sheet, even if only one reproduction is being amended. The reproduction or reproduction number of an amended drawing should not be labeled as “amended.” If a drawing reproduction is to be canceled, the appropriate reproduction must be removed from the replacement reproduction sheet, and where necessary, the remaining reproductions must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement reproduction sheets may be necessary to show the renumbering of the remaining reproductions. If all the reproductions on a sheet are canceled, a replacement reproduction sheet is not required. A marked-up copy of the reproduction sheet (labeled as “Annotated Sheet”) including an annotation showing that all the reproductions on that sheet have been canceled must be presented in the amendment or remarks section that explains the change to the reproductions. Each reproduction 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.
Conclusion
The claim stands rejected under 35 U.S.C. 112(a) and (b).
The references cited but not applied are considered cumulative art related to the claimed design.
Hague – Reply Reminder for all Refusals
Applicants reminded that any reply to this Refusal must be signed either by a patent practitioner (i.e., a patent attorney or agent registered to practice before the United States Patent and Trademark Office) or by the Applicant. If the Applicant is a juristic entity, the reply must be signed by a patent practitioner. See 37 CFR 1.33(b).
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Contact and Inquiry
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JESSICA M GEBHART whose telephone number is (571)272-9690. The examiner can normally be reached on Monday-Thursday from 7:30 am to 6 pm EST.
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/JESSICA M GEBHART/Examiner, Art Unit 2913