DETAILED ACTION
Foreign Priority
Acknowledgment is made of applicant’s claim for foreign priority based on a certified copy of application number 015094132-0001 filed in the European Union Intellectual Property Office on July 3, 2025 as required by 37 CFR 1.55.
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.) There are inconsistencies in the left side of the bag in Rep. 1.4 when compared to the same areas of the bag shown in Reps. 1.1-1.3 as follows:
1.) There is a line from the strap overlapping the D-ring at the top of the bag in 1.4. This is inconsistent from Rep. 1.1 that shows no lines from the strap overlapping the D-ring. See “1” in the following illustration that points to this inconsistency.
2.) Rep. 1.4 shows no stitching at the top and bottom of the bag, but stitching is shown in these areas in Reps. 1.1-1.3. See “2” in the following illustration that points to this inconsistency.
3.) The piece that connects to the D-ring is not inset from the body of the bag in Rep. 1.4, but Reps. 1.1 and 1.2 show this piece as inset from the body of the bag. See “3” in 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 left side of the bag so it is shown consistently throughout the reproductions.
B.) There are inconsistencies in the width of the body of the bag shown in Rep. 1.7 when compared to rep. 1.4. Rep. 1.7 shows more lines creating the body of the bag, and the bag widens in the center. Rep. 1.4 shows fewer lines forming the body of the bag and the lines are parallel. The bag is the same width from top to bottom in Rep. 1.4. See the following illustration that
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points to this inconsistency.
To overcome this rejection, the Examiner suggests for the Applicant to amend the width of the body of the bag so it is shown consistently throughout the reproductions.
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C.) There is no stitching shown on the strap interior in Rep. 1.4, but stitching is shown on the interior strap in Reps. 1.1-1.3. See the following illustration that points to this inconsistency.
To overcome this rejection, the Examiner suggests for the Applicant to amend the stitching shown on the inner strap 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)&(b).
The references cited but not applied are considered cumulative art related to the claimed design.
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/JESSICA M GEBHART/Examiner, Art Unit 2913
Prosecution Insights