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 .
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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 10/15/2025has been entered.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “ a first storage component having a plurality of first cleats and one or more first mount interfaces; a second storage component different from the first storage component and including a plurality of second cleats and one or more second mount interfaces;” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) 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. 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. 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.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: Specifically, the “modular accessory … having first mount interfaces formed between first cleats and a second storage component different from the first storage component and having second mount interfaces formed between second cleats,” see claims 1 and 9.
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 1-20 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 pre-AIA the applicant regards as the invention.
Regarding claim 1and 9, the elected species is to a rail it is unclear from the disclosure how the rail has a “first storage component having a plurality of first cleats and one or more first mount interfaces; a second storage component different from the first storage component and including a plurality of second cleats and one or more second mount interfaces”. An appropriate correction or an explanation is required.
Claims 2-8 and 10-20 are rejected based on their respective dependencies.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 of this title, 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.
Claims 1 and 9 are rejected under 35 U.S.C 103(a) as being unpatentable over US Patent No.: 945414 B1 (“Stevens et al.”), alone.
Regarding Claims 1 and 9 Stevens et al. discloses ( as seen in Figs. 1-10 and 21-42) a system comprising:
a first storage component (2) having a plurality of first cleats (4) and one or more first mount interfaces (16, opening);
a second storage component (2) having a plurality of first cleats (4) and one or more first mount interfaces (16, square opening);
a modular accessory (as seen in Figs. 24-42) including a structure configured to hold or support one or more objects; and
an accessory mount (protruding along the ack) coupled to extending from the modular accessory and defining an accessory mount interface configured to engage one or more of the first mount interfaces (16, opening) between adjacent first cleats, the accessory mount further configured to engage one or more of the second mount interfaces between adjacent second cleats, the accessory mount including a side surface extending upward from a bottom surface of the accessory mount interface, and an undercut extending upward from the side surface towards an upper end of the structure (as seen in Figs. 24-42).
Stevens et al. discloses the claimed but does not disclose second storage compartment different from the first storage compartment having a plurality of second cleats and one more second interfaces.
Stevens et al. discloses in an alternate embodiment a second storage component (seen in Figs. 11a-11c, col 14 :line 57-67) different from the first storage component and including a plurality of second cleats (4) and one or more second mount interfaces (circle, diamond or star).
It would have been obvious to one having skill in the art before the effective filing date of the invention that the second storage component could be configured with a different design from the first storage component as demonstrated by Steven et al, for aesthetic appeal and to support modular accessories having different shaped accessory mounts.
Claim 1-20 are under 35 U.S.C. 103 as obvious over US Pub No.:20200165036 (“Squiers et al.”) in view of EP2599410 (“COSNET”).
Regarding Claims 1 and 9, Squires et al. discloses a system, comprising
a modular accessory ( see Figs. 1-51) compatible with
a first storage component (14, 5003; 5101; bag, hook or bracket) having first mount interface (see cleat on the back of each storage compartment, see Figs. 4-5 and 50-51 ) and
a second storage component (18, 5002, see Fig.51) different from the first storage component (14, 5003; 5101; bag, hook or bracket) and having second mount interfaces (54a-b, 5001) ,
the modular accessory (5003, 5103) comprising:
a structure (bag, hook or bracket, see Figs. 4-5 and 50-51) configured to hold or support one or more objects ; and an accessory mount coupled to the structure (along rear) and defining an accessory mount interface (see plate or base 50, 5004, see Figs.4-5 and 50-51) configured to engage one or more of the first mount interfaces (see cleat on the back of each storage compartment, see Figs. 4-5 and 50-51 ) and configured to engage one or more of the second mount interface (54a-b, 5001) as shown in Figs. 1-51.
Squires et al. discloses a modular accessory with a plurality of accessory mounts including first and second mount interfaces, and an accessory mount (see 46) including a side surface extending upward from a bottom surface of the accessory mount interface, and an undercut (58) extending upward from the side surface towards an upper end of the structure, but does not disclose the accessory mounted between the plurality of first cleats and second cleats.
Regarding Claims 1 and 9, COSNET discloses a first storage component (1)having a plurality of first cleats (extending from the rail) and one or more first mount interfaces (7, between each cleat);
a modular accessory (3, 4) including a structure configured to hold or support one or more objects; and
an accessory mount (13, 17) coupled to extending from the modular accessory (3, 4) and defining an accessory mount interface configured to engage one or more of the first mount interfaces (7) between adjacent first cleats (extending from 1) , the accessory mount (13, 17) further configured to engage one or more of the second mount interfaces between adjacent second cleats, the accessory mount (13, 17) including a side surface extending upward from a bottom surface of the accessory mount interface, and an undercut extending upward from the side surface towards an upper end of the structure.
It would have been obvious to one having skill in the art before the effective filing date of the invention that the accessory mount could be securely fastened and held in place between the plurity of first and second cleats on the first and storage compartment, to suspend and adequately secure each accessory form each storage compartment, similar to the manner taught by COSNET. As modified, the accessory mount coupled to extending from the modular accessory and defining an accessory mount interface configured to engage one or more of the first mount interfaces (7) between adjacent first cleats , the accessory mount further configured to engage one or more of the second mount interfaces between adjacent second cleats.
Regarding Claim 2, the combination discloses (Squires et al.) wherein the accessory mount (on the rear as seen in Figs.1-4 or 50-51) is integrally formed with the structure (on top or front);
Regarding Claims 3 and 16, the combination discloses (Squires et al.) wherein the accessory mount (46)includes a pair of spaced vertical portions and angled portions extending from each of the vertical portions and defining the undercut .
Regarding Claims 4 and 17 the combination discloses (Squires et al.) wherein the accessory mount (as seen in Figs. 1-4) includes an upper surface and a lower surface having a length shorter than a length of the upper surface, and a pair of angled surfaces extending between the upper surface and the lower surface.
Regarding Claims 5 and 18, the combination discloses (Squires et al.) the claimed invention but does not expressly disclose wherein the accessory mount includes a first bar and a second bar, and an angle is defined between the first bar and the second bar.
It would have been obvious to one having skill in the art before the effective filing date of the invention that the accessory mount includes a first bar and a second bar, and an angle is defined between the first bar and the second bar, as it would only require a change in shape or configuration which would be obvious to one of ordinary in the art, as an alternate design for engaging the mount interface and securing the modular accessory on the storage component. (see ([0120]-[0121]); the accessory mount is capable of being configured in plurity of shapes.)
Regarding Claims 6 and 19, the combination discloses (Squires et al.) the claimed invention but does not expressly disclose wherein the accessory mount includes a plurality of edges defining a polygon having a profile of a pentagon, a hexagon, or an octagon. It would have been obvious to one having skill in the art before the effective filing date of the invention that the accessory mount includes a plurality of edges defining a polygon having a profile of a pentagon, a hexagon, or an octagon, as it would only require a change in shape or configuration which would be obvious to one of ordinary in the art, as an alternate design for engaging the mount interface and securing the modular accessory on the storage component (see ([0120]-[0121]); the accessory mount is capable of being configured in plurity of shapes.)
Regarding Claim 7, the combination discloses (Squires et al.) wherein the accessory mount (rear side, see 46, 5102) includes a plurality of edges defining a square profile;
Regarding Claim 8, the combination discloses (Squires et al.) wherein the accessory mount (rear side, see 46, 5102) is coupled to a rear wall of the structure.
Regarding Claim 10, the combination discloses (Squires et al.) wherein the first storage component is a rail(see rail in Fig. 50) that is configured to attach to a wall (5002) and the second storage component is a toolbox (14, 7204, see e.g.1-4 and Fig. 72-74).
Regarding Claim 11, the combination discloses (Squires et al.) wherein the accessory mount (46, 5102, 5004) is configured to separately engage the first storage component (14, 5003; 5101; bag, hook or bracket) and the second storage component (18, 5002, see Figs. 1-4 and 51) without modification of the accessory mount (46, 5102, 5004).
Regarding Claim 12, the combination discloses (Squires et al.) discloses wherein each of the plurality of first cleats define an undercut, the first mount interface (cleat on the back of each storage compartment, see Figs. 4-5 and 50-51) disposed between the upper angled portions of a first one of the first cleats and an adjacent one of the first cleats ( as demonstrated by COSNET).
Regarding Claim 13, the combination discloses (Squires et al.) wherein at least one of the first cleats include includes a first upper angled surface and a second upper angled surface, the first upper angled surface and the second upper angled surface defining the first mount interface (as demonstrated by COSNET ).
Regarding Claim 14, the combination discloses (Squires et al.) wherein the plurality of second cleats are disposed on an interior surface of the second storage component, wherein the second mount interface (54a-b, 5001) is disposed between at least second cleats (as demonstrated by COSNET).
Regarding Claim 15, the combination discloses (Squires et al.) wherein the plurality of cleats are disposed on an exterior surface of the second storage components, wherein the second mount interface is disposed between at least two of the second cleats (as demonstrated by COSNET).
Regarding Claim 20, the combination discloses (Squires et al.) discloses wherein the accessory mount (along the rear side) includes a plurality of edges defining a square profile (as seen Figs.1-4 and 50-51).
Response to Arguments
Applicant’s arguments with respect to claims 1-20 have been considered but are moot because the arguments do not apply to any of the references as being applied in the current rejection.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See EP 2599410.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIMBERLEY S WRIGHT whose telephone number is (571)270-3328. The examiner can normally be reached on M-F 11:30-5:30.
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, Daniel Troy can be reached on 5712703742. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KIMBERLEY S WRIGHT/Primary Examiner, Art Unit 3637