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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5)
because they include the following reference character(s) not mentioned in the description: “47” in Fig. 8.
Corrected drawing sheets in compliance with 37 CFR 1.121(d), or
amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. 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. 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. The objection to the drawings will not be held in abeyance.
Information Disclosure Statement
2. The listing of references in the specification is not a proper information
disclosure statement. 37 CFR 1.98(b) requires a list of all patents, publications, or other information submitted for consideration by the Office, and MPEP § 609.04(a) states, "the list may not be incorporated into the specification but must be submitted in a separate paper." Therefore, unless the references have been cited by the examiner on form PTO-892, they have not been considered.
Claim Objections
3, Claims 1, 8, 9, and 16-18 are objected to because of the following
informalities:
In claim 1, “a plurality of inlaid neodymium disk-shaped magnets the magnets
positioned” should be –a plurality of inlaid neodymium disk-shaped magnets, the
plurality of inlaid neodymium magnets positioned--.
In claim 8, “at least two brackets” should be –at least two removable knife
brackets--. In claim 9, “at least one knife bracket” should be –at least one removable
knife bracket-- and “the at least two brackets” should be –the at least two removable
knife brackets--.
In claims 16 and 17, “the plurality of knife brackets” should be –the plurality of
removable knife brackets--. In claim 18, “at least one knife bracket” should be –at
least one removable knife bracket-- and “at least two brackets” should be –at least
two removable knife brackets--. Appropriate correction is required.
Claim Rejections - 35 USC § 112
4. The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
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.
5. Claims 6 and 15 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Regarding claim 6, the specification does not disclose that “each of the plurality of removable knife brackets comprises a downward facing surface and an upward facing surface, the downward facing surface positioning a plurality of the inlaid neodymium disk-shaped magnets on the removable knife bracket to contact the plurality of inlaid neodymium disk-shaped magnets on the knife storage board.” The specification does not disclose that the downward-facing surface of the plurality of knife brackets has magnets that contact the inlaid magnets of the knife storage board. Instead, the specification discloses that the upward-facing surface of the removable knife brackets has a plurality of the inlaid neodymium disk-shaped magnets to contact and secure a knife.
Regarding claim 15, the specification does not disclose that the
the downward-facing surface of each knife bracket is fixed to the knife storage board. It should be noted that the knife brackets are removable brackets as set forth in claim 1. The specification does not disclose that the knife brackets are fixed to the knife storage board, not does it disclose a mechanism for a method for fixing the knife brackets to the knife storage board.
6. Claims 1-10 and 16-18 are 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.
Regarding claim 1, “a plurality of inlaid neodymium disk-shaped magnets the magnets positioned to act as contact points for removable knife brackets; (b) a plurality of removable knife brackets” is confusing. It is not clear whether a plurality of removable knife brackets are additional knife brackets or the same knife brackets recited in lines 4-5 of the claim.
Regarding claims 9 and 18, “at least one knife bracket” is confusing. It is not clear whether the at least one knife bracket is intended to refer to the plurality of the removable knife brackets recited in claims 1, 8, and 17.
Regarding claims 16-18, the claims are redundant, as they recite the same subject matter as claims 7-9. It should be noted that claims 7-9 and 16-18 depend from the same independent claim 1.
Claim Rejections - 35 USC § 103
7. 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.
8. Claims 10-14 are rejected under 35 U.S.C. 103 as being unpatentable over Harper et al. (3,846,005), hereinafter Harper, in view of Schmidt et al. (2013/0043633 A1), hereinafter Schmidt, Stewart (7,971,736 B1), and Hill, III (5,646,819), hereinafter Hill. Regarding claim 1, Harper teaches a knife storage unit 14 mountable under a cabinet 10 or shelf 12, the storage unit comprising: a) a knife storage board 85 (Fig. 9) comprising a planar top surface 88; b) a plurality of knife brackets (defined by each portion of black 110 which receives knifes on both sides and connected to the adjacent bracket at the bottom; shown in Figs. 8-9); and c) a mounting bracket 98 (Fig. 8) which is arranged for a retracted position (Fig. 5) for the knife storage board 85, wherein an extended position of the storage board 85 appears to be at least four inches forward of the retracted position and wherein, in the extended position, the knife storage board lies at an angle of between 15 degrees and 60 degrees from the knife storage board in the retracted position. It should be noted that the angle between the extended position and retracted position of the storage board 60 appears to be between 15 degrees to 60 degrees.
Harper does not explicitly teach that each of the plurality of brackets having a plurality of inlaid neodymium disk-shaped magnets. However, Schmidt teaches a knife storage board 302 including a knife bracket 306 having a plurality of inlaid disk-shaped magnets 303 in opposite walls of the bracket 306. See Fig. 3 in Schmidt. It would have been obvious to a person of ordinary skill in the art to provide Harper’s brackets with such magnets, as taught by Schmidt, in order to securely attach knives to the brackets.
Stewart teaches a knife storage board 10 including embedded disk-shaped magnets (20, 36) that are neodymium magnets (col. 4, lines 10-15). See Figs. 1-13 in Stewart. It would have been obvious to a person of ordinary skill in the art to select the magnets of Harper’s knife storage unit, as modified by Schmidt, as neodymium magnets, as taught by Steward, in order to intensify the magnetic strength and more strongly attract knife blades or other metallic objects. See col. 4, lines 10-15 in Stewart.
It could be argued that Harper does not explicitly teach that the mounting bracket is arranged for a retracted position for the knife storage board, wherein an extended position of the storage board appears to be at least four inches forward of the retracted position and wherein, in the extended position, the knife storage board lies at an angle of between 15 degrees and 60 degrees from the knife storage board in the retracted position. However, Hill teaches a storage unit 42 mountable under a cabinet 16 or shelf 24 including a mounting bracket 50 which is arranged for a retracted position (Fig. 2) for a storage board 44 (Fig. 2), wherein an extended position of the storage board appears to be at least four inches forward of the retracted position and wherein, in the extended position (Fig. 2), the storage board lies at an angle of between 15 degrees and 60 degrees (between 20 to 40 degrees; col. 3, lines 46-60) from the storage board in the retracted position. It should be noted that the angle between the extended position and retracted position of the storage board 60 appears to be between 15 degrees to 60 degrees. See Figs. 1-5 in Hill. It should be noted that an extended position of the storage board in Hill appears to be at least four inches forward of the retracted position as clearly shown in Fig. 2. It should be noted that the distance between the horizontal (retracted) position of the storage board and the extended position of the storage board is sufficient for a user to access the keyboard, and therefore, is presumed to be at least four inches. In addition, it would have been obvious to one having ordinary skill in the art at the time the invention was made to select the distance between the retracted position and the extended position of the storage board at least four inches, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980). Therefore, it would have been obvious to a person of ordinary skill in the art to replace the mounting bracket of Harper’s knife storage unit, as modified by Schmidt and Stewart, with the mounting bracket, as taught by Hill, in order to position the board at an angle that allows a user to easily access the box-like storage board.
Regarding claim 11, Harper, as modified by Hill, teaches everything noted above including that the mounting bracket arrangement comprises two extendable hinge brackets 54, one extendable hinge bracket positioned on each lateral side of the knife storage board 44 and attachable to an underside of the cabinet 16 or shelf 24. See Fig. 2 in Hill.
Regarding claim 12, Harper, as modified by Hill, teaches everything noted above including that each extendable hinge bracket 54 further comprises a retraction spring 58 facilitating movement of the knife storage board from the extended position to the retracted position. See Fig. 2 in Hill.
Regarding claim 13, Harper teaches everything noted above including that the knife storage board 85 further comprises a front edge lip (90, as the front wall of the storage board 85) positioned on and extending up from a front edge of the planar top surface 88. See Fig. 9 in Harper.
Regarding claim 14, Harper teaches everything noted above including an operational handle 56 positioned on the knife storage board 85 to facilitate movement between the retracted position and the extended position.
9. Claims 10-15 are rejected under 35 U.S.C. 103 as being unpatentable over Huentelman (2011/0226714 A1) in view of Stewart, Harper, and Hill. Regarding claim 1, Huentelman teaches a knife storage unit 104, mountable under (102A) a cabinet 102 or shelf, the knife storage unit comprising; (a) a knife storage board 216 comprising a planar top surface; (b) a plurality of knife brackets (222, 224, 226, 228, 230), each knife bracket having a plurality of inlaid disk-shaped magnets (222B1, 224B1, 226B1, 228B1, 230B1); and (c) a mounting bracket (106, 114, 214) arrangement for mounting the knife storage board 216 under the cabinet 102 or shelf, said mounting bracket arrangement defining an extended position for the knife storage board (Fig. 3).
Huentelman does not explicitly teach that the magnets of the brackets are neodymium magnets. However, Stewart teaches a knife storage board 10 including embedded disk-shaped magnets (20, 36) that are neodymium magnets (col. 4, lines 10-15). See Figs. 1-13 in Stewart. It would have been obvious to a person of ordinary skill in the art to select the magnets of Huentelman’s knife storage unit as neodymium magnets, as taught by Steward, in order to intensify the magnetic strength so as to strongly attract the knife blades or other metallic objects. See col. 4, lines 10-15 in Stewart.
Huentelman does not explicitly teach that the mounting bracket is arranged to provide a retracted position for the knife storage board, wherein the extended position is at least four inches forward of the retracted position and wherein, in the extended position, the knife storage board lies at an angle of between 15 degrees and 60 degrees from the knife storage board in the retracted position. However,
Hill teaches a storage unit 42 mountable under a cabinet 16 or shelf 24 including a mounting bracket 50 which is arranged for a retracted position (Fig. 2) for a storage board 44 (Fig. 2), wherein an extended position of the storage board appears to be at least four inches forward of the retracted position and wherein, in the extended position (Fig. 2), the storage board lies at an angle of between 15 degrees and 60 degrees (between 20 to 40 degrees; col. 3, lines 46-60) from the storage board in the retracted position. It should be noted that the angle between the extended position and retracted position of the storage board 60 appears to be between 15 degrees to 60 degrees. See Figs. 1-5 in Hill. It should be noted that an extended position of the storage board in Hill appears to be at least four inches forward of the retracted position as clearly shown in Fig. 2. It should be noted that the distance between the horizontal (retracted) position of the storage board and the extended position of the storage board is sufficient for a user to access the keyboard, and therefore, is presumed to be at least four inches. In addition, it would have been obvious to one having ordinary skill in the art at the time the invention was made to select the distance between the retracted position and the extended position of the storage board at least four inches, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980). Harper teaches a knife storage unit 14 mountable under a cabinet 10 or shelf 12 including a mounting bracket 62 which is arranged for a retracted position (Fig. 5) for a knife storage board 60, wherein an extended position of the storage board 60 appears to be at least four inches forward of the retracted position and wherein, in the extended position, the knife storage board lies at an angle of between 15 degrees and 60 degrees from the knife storage board in the retracted position. It should be noted that the angle between the extended position and retracted position of the storage board 60 appears to be between 15 degrees to 60 degrees. Therefore, it would have been obvious to a person of ordinary skill in the art to modify the shape of the storage board and replace the mounting bracket arrangement of Huentelman’s knife storage unit, as modified by Stewart, with the box-shaped board and mounting bracket arrangement, as taught by Hill, in order to allow a user to access the knives and store the knives within the box-shaped enclosure that is not accessible to small children, a taught by Harper (col. 1, lines 25-30 in Harper).
Regarding claim 11, Huentelman, as modified by Hill, teaches everything noted above including that the mounting bracket arrangement comprises two extendable hinge brackets 54, one extendable hinge bracket positioned on each lateral side of the knife storage board 44 and attachable to an underside of the cabinet 16 or shelf 24. See Fig. 2 in Hill.
Regarding claim 12, Huentelman, as modified by Hill, teaches everything noted above including that each extendable hinge bracket 54 further comprises a retraction spring 58 facilitating movement of the knife storage board from the extended position to the retracted position.
Regarding claim 13, Huentelman, as modified by Hill, teaches everything noted above including that the knife storage board further comprises a front edge lip (as the front wall of the tray 42; Fig. 2) positioned on and extending up from a front edge of the planar top surface. See Fig. 2 in Hill.
Regarding claim 14, Huentelman, as modified by Hill, teaches everything noted above including an operational handle (defined by the front wall and its cutout; Fig. 2) positioned on the knife storage board 44 to facilitate movement between the retracted position and the extended position. It should be note that Harper also teaches a handle 56 positioned on the knife storage board 60 to facilitate movement between the retracted position and extended position.
Regarding claim 15, as best understood, Huentelman, as modified by Stewart, teaches everything noted above including that each of the plurality of knife brackets (222, 224, 226, 228, 230) comprises a downward facing surface and an upward facing surface, the downward facing surface fixed to the knife storage board 216, the upward facing surface positioning a plurality of the inlaid neodymium disk-shaped magnets (222B1, 224B1, 226B1, 228B1, 230B1) on the knife bracket to contact and secure a knife. See Figs. 2-5 in Huentelman.
10. Claims 1-9 and 16-18, as best understood, are rejected under 35 U.S.C. 103 as being unpatentable over Huentelman in view of Moodie (6,626,303 B1), Stewart, Harper, and Hill. Regarding claim 1, as best understood, Huentelman teaches a knife storage unit 104, mountable under (102A) a cabinet 102 or shelf, the knife storage unit comprising; (a) a knife storage board 216 comprising a planar top surface; (b) a plurality of knife brackets ( 222, 224, 226, 228, 230) with inlaid disk-shaped magnets (222B1, 224B1, 226B1, 228B1, 230B1); (c) a mounting bracket (106, 114, 214) arrangement for mounting the knife storage board 216 under the cabinet 102 or shelf, said mounting bracket arrangement defining an extended position for the knife storage board (Fig. 3).
Huentelman does not explicitly teach that the knife brackets are removable and a plurality of disk-shaped magnets laid in the knife storage board are positioned to act as contact points for removable knife brackets, nor does Huentelman teach that the magnets of the brackets and the boards are neodymium magnets. However, Moodie teaches a knife storage board 12 including a plurality of inlaid disk-shaped magnets (25 or 28; Figs. 3-7) positioned to act as contact points for removable knife brackets (20, 24; which hold knives and other utensil; Fig. 1). Therefore, it would have been obvious to a person of ordinary skill in the art to form the knife brackets of Huentelman’s knife storage unit as removable brackets that attach to the inlaid magnets of the knife storage board, as taught by Moodie, in order to allow the user to reposition the brackets as desired, remove brackets that are not needed, and replace the brackets when necessary.
Huentelman does not explicitly teach that the magnets of the brackets and the board are neodymium magnets. However, Stewart teaches a knife storage board 10 including embedded disk-shaped magnets (20, 36) that are neodymium magnets (col. 4, lines 10-15). See Figs. 1-13 in Stewart. It would have been obvious to a person of ordinary skill in the art to select the magnets of Huentelman’s knife storage unit, as modified by Moodie, as neodymium magnets, as taught by Steward, in order to intensify the magnetic strength so as to strongly attract the knife blades or other metallic objects. See col. 4, lines 10-15 in Stewart.
Huentelman does not explicitly teach that the mounting bracket is arranged to provide a retracted position for the knife storage board, wherein the extended position is at least four inches forward of the retracted position and wherein, in the extended position, the knife storage board lies at an angle of between 15 degrees and 60 degrees from the knife storage board in the retracted position. However,
Hill teaches a storage unit 42 mountable under a cabinet 16 or shelf 24 including a mounting bracket 50 which is arranged for a retracted position (Fig. 2) for a storage board 44 (Fig. 2), wherein an extended position of the storage board appears to be at least four inches forward of the retracted position and wherein, in the extended position (Fig. 2), the storage board lies at an angle of between 15 degrees and 60 degrees (between 20 to 40 degrees; col. 3, lines 46-60) from the storage board in the retracted position. It should be noted that the angle between the extended position and retracted position of the storage board 60 appears to be between 15 degrees to 60 degrees. See Figs. 1-5 in Hill. It should be noted that an extended position of the storage board in Hill appears to be at least four inches forward of the retracted position as clearly shown in Fig. 2. It should be noted that the distance between the horizontal (retracted) position of the storage board and the extended position of the storage board is sufficient for a user to access the keyboard, and therefore, is presumed to be at least four inches. In addition, it would have been obvious to one having ordinary skill in the art at the time the invention was made to select the distance between the retracted position and the extended position of the storage board at least four inches, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980). Harper teaches a knife storage unit 14 mountable under a cabinet 10 or shelf 12 including a mounting bracket 62 which is arranged for a retracted position (Fig. 5) for a knife storage board 60, wherein an extended position of the storage board 60 appears to be at least four inches forward of the retracted position and wherein, in the extended position, the knife storage board lies at an angle of between 15 degrees and 60 degrees from the knife storage board in the retracted position. It should be noted that the angle between the extended position and retracted position of the storage board 60 appears to be between 15 degrees to 60 degrees. Therefore, it would have been obvious to a person of ordinary skill in the art to modify the shape of the storage board and replace the mounting bracket arrangement of Huentelman’s knife storage unit, as modified by Moodie and Stewart, with the box-shaped board and mounting bracket arrangement, as taught by Hill, in order to allow a user to access the knives and store the knives within the box-shaped enclosure that is not accessible to small children, a taught by Harper (col. 1, lines 25-30 in Harper).
Regarding claim 2, Huentelman, as modified by Hill, teaches everything noted above including that the mounting bracket arrangement comprises two extendable hinge brackets 54, one extendable hinge bracket positioned on each lateral side of the knife storage board 44 and attachable to an underside of the cabinet 16 or shelf 24. See Fig. 2 in Hill.
Regarding claim 3, Huentelman, as modified by Hill, teaches everything noted above including that each extendable hinge bracket 54 further comprises a retraction spring 58 facilitating movement of the knife storage board from the extended position to the retracted position.
Regarding claim 4, Huentelman, as modified by Hill, teaches everything noted above including that the knife storage board further comprises a front edge lip (as the front wall of the tray 42; Fig. 2) positioned on and extending up from a front edge of the planar top surface. See Fig. 2 in Hill.
Regarding claim 5, Huentelman, as modified by Hill, teaches everything noted above including an operational handle (defined by the front wall and its cutout; Fig. 2) positioned on the knife storage board 44 to facilitate movement between the retracted position and the extended position. It should be note that Harper also teaches a handle 56 positioned on the knife storage board 60 to facilitate movement between the retracted position and extended position.
Regarding claim 6, as best understood, Huentelman, as modified by Moodie, teaches everything noted above including that each of the plurality of removable knife brackets (222, 224, 226, 228, 230; Fig. 3 in Huentelman, as modified by Moodie’s magnets to have a plurality of magnets at the bottom surface of the brackets that contact the magnets in the knife storage board) comprises a downward facing surface and an upward facing surface, the downward facing surface positioning a plurality of the inlaid neodymium disk-shaped magnets (defined by magnets 24 of the brackets 20, 24 taught by Moodie; Fig. 3) on the removable knife bracket to contact (via surface 12a in Moodie; Fig. 3) the plurality of inlaid neodymium disk-shaped magnets (25, 28; Fig. 3 in Moodie) on the knife storage board, the upward facing surface positioning a plurality of the inlaid neodymium disk-shaped magnets (defined by magnets 222B1, 224B1, 226B1, 228B1, 230B1 taught by Heuntelman; Fig. 3) on the removable knife bracket (222, 224, 226, 228, 230; Fig 3 in Heuntelman) to contact and secure a knife.
Regarding claims 7 and 16, Huentelman, as modified above, does not explicitly teach that the plurality of removable knife brackets comprise PLA material. However, it would have been obvious to one having ordinary skill in the art at the time the invention was made to form the brackets from PLA material, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Regarding claims 8 and 17, Huentelman, as modified above, teaches everything noted above including that the plurality of removable knife brackets comprise at least two brackets (222, 224, 226, 228, 230; Fig. 3 in Huentekman) oriented parallel to each other to facilitate securing an individual large knife at a point on each bracket for a more secure attachment of the knife.
Regarding claims 9 and 18, Huentelman, as modified above, teaches everything noted above except that at least one removable knife bracket oriented orthogonal to the at least two brackets (222, 224, 226, 228, 230) oriented parallel to each other. However, Examiner takes an Official Notice that the use of a knife bracket oriented orthogonally to other knife brackets is old and well known in the art.
Conclusion
11. The prior art made of record and not relied upon is considered pertinent to
applicant’s disclosure.
Spurr et al. (8,851,306 B2), Mercer (5,407,261), Hain et al. (3,490,601), Culver (2,839,349), and Webb et al. (6,435,634) teach a mounting bracket for a storage board.
Johnson (2002/0175131 A1), Johnson (8,276,768), Chen (2008/0060204 A1), and Winnard (2002/0130231 A1) teach knife brackets having a plurality of magnets.
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/GHASSEM ALIE/Primary Examiner, Art Unit 3724 December 3, 2025