DETAILED ACTION
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 .
Election/Restrictions
Applicant's election with traverse of claims 1-15 in the reply filed on 11/26/2025 is acknowledged. The traversal is on the ground(s) that the method claims 16-17 and claim 18 are not independent and distinct. This is not found persuasive because the apparatus as claimed can be used to practice another and materially different process that is not stackable; and the inventions as claimed meet all of the above requirements as the kit requires stabilizer. Furthermore, the inventions as claimed do not encompass overlapping subject matter and there is nothing of record to show them to be obvious variants. As a result, there exists a serious search burden.
The requirement is still deemed proper and is therefore made FINAL.
Claim Rejections - 35 USC § 112
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.
Claims 1-15 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. In claim 1, it appears “and, b. a box ...” should be “and, b. the box.” Also, “and iv. a ratcheting means” should be “and iv. the ratcheting means ...”
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-3, 5, 7, 12, 13 and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wolf et al. (US 10,932,538).
Regarding claim 1, Wolf discloses a device for storing and supporting personal items, the device comprising: i. a portable and lockable box (100) that further comprises: a. a box lid (106) with a sturdy, flat and non-flexible surface area capable of completely and securely covering the top of and conforming to the shape of a box body (104), and b. a box body connected with the box lid, the box body including one or more support channels (area between 300 and 302) capable of securely contacting an anchoring object; ii. a lock (506); iii. a shackle (108) that is removeably insertable into the box body and connects with a ratcheting means (2200) therein to engage and secure the shackle to the anchoring object; and iv. a ratcheting means capable of matingly conforming to and engaging with the shackle to enable the device to be securely, removeably, and adjustably attached to the anchoring object. See Figs. 1-33.
Regarding claim 2, the box body is connected to the box lid via one or more hinges (300) such that the box lid can be opened, closed and locked by rotating the lid up or down relative to the box body and aligning the box body with the box lid so as to allow a lock to engage both the box body and the box lid and secure them together. See Figs. 1-3.
Regarding claim 3, the surface area contains one or more supports (top of lid 106) that are capable of supporting a cup. See Fig. 1.
Regarding claim 5, the box lid or the box body further comprises one or more of: solar panels for capturing power, batteries for storing power, lighting or light ports, and outlets for connecting power from and to external sources; and wherein power can be connected with the device and used for powering personal items. See Fig. 13.
Regarding claim 7, the box lid and the box body are weather and water resistant, and capable of safely storing contents against outdoor environmental impacts. See col. 6, ll. 54-60.
Regarding claim 12, the box body further comprises a plurality of sides, a bottom, and an open top conforming to the box lid; and wherein at least one side further comprises a panel capable of secure contact with at least one of the box body sides and also the anchoring object. See Figs. 1-3.
Regarding claim 13, the panel further comprises one or more support channels, groves, slides, or other formed or continuous structural areas (any wall or surface meets this) that interact with the anchoring object. See Figs. 1-3.
Regarding claim 15, the ratcheting means contains a release component (3000 or ratcheting gear/pawl) that is only accessible from inside the box body.
Claim Rejections - 35 USC § 103
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.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Wolf as applied above in further view of Barbret (US 2016/0326765).
Regarding claim 4, Wolf does not disclose a speaker as claimed. Barbret, which is drawn to a storage device, discloses a box lid or box body that includes a speaker for amplifying and projecting sound from external devices. See [0103]. Thus, it 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 to have speaker, as disclosed by Barbret, in the box of Wolf in order to connect to music, etc. Moreover, it would have been obvious to one having ordinary skill in the art at the time the invention was made to have more than one speaker since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St, Regis Paper Co. v. Bemis Co., 193 USPQ 8.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Wolf as applied above in further view of Boynton et al. (US 2011/0315566).
Regarding claim 6, Wolf does not necessarily disclose the box as claimed. Boynton, which is drawn to a box, discloses a box body and a box lid that are shaped to conform to each other such that a plurality of the devices can be stacked upon each other for convenient shipping and storing. See [0083]. Thus, it 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 to have the box of Wolf be as disclosed by Boynton in order to facilitate the storage and shipping of multiple boxes.
Claim(s) 8-10 are rejected under 35 U.S.C. 103 as being unpatentable over Wolf as applied above in further view of Parish et al. (US 676,443).
Regarding claim 8, Wolf does not disclose a stabilizer. Parish, which is drawn to a stabilizer, discloses a stabilizer (8) further comprising a stabilizer post (end of 8) and a stabilizer aperture (at 9) in said stabilizer post; and iii. a releasably attached support sleeve (at 6) further comprising a support sleeve post (4) with a support sleeve post aperture (at 7); and wherein the stabilizer is capable of engaging the support sleeve post and the bottom surface of a body (1) by fastening them with a stabilizer fastener threaded or geared (9) to draw the support sleeve tightly around the stabilizer to support the device. See Figs. 1-2. Thus, it 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 to use a stabilizer, as disclosed by Parish on the body of Wolf in order to further stabilize the body of Wolf to an object.
Regarding claim 9, as modified above, the support sleeve is a single unit capable of surrounding an anchoring object by sliding onto it and releasably and securely fastening to it with a threaded or geared fastener by releasably connecting the support sleeve post with the stabilizer by aligning the apertures in the support sleeve post and the stabilizer post by passing a stabilizer fastener through the one or more support sleeve apertures in the support sleeve post and the aperture in the stabilizer post and securing said fastener therein. See Parish, Figs. 1-2.
Regarding claim 10, as modified above, Wolf discloses the claimed invention except for the support sleeve having two separate halves. It would have been obvious to one having ordinary skill in the art at the time the invention was made to have two separate halves and apertures as claimed, since it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. Nerwin v. Erlichman, 168 USPQ 177, 179.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Wolf as applied above in further view of Foster et al. (US 4,086,795).
Regarding claim 14, Wolf does not disclose the material as claimed. Foster, which is drawn to a lockable box, discloses one or more support channels (23) that are lined with a strip or section of rubber, silicon, or other sturdy but reflexive material (46) by attaching it therein to the channel to help conform to an anchoring object. See Fig. 7. Thus, it 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 to use a material as disclosed by Foster on the box of Wolf in order to prevent damage to the box or to the anchoring object.
Allowable Subject Matter
Claim 11 is 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached Notice of References Cited.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEREK J BATTISTI whose telephone number is (571)270-5709. The examiner can normally be reached 9:00 am - 5:00 pm M-F.
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/DEREK J BATTISTI/Primary Examiner, Art Unit 3734