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 .
Claims Status
Claims 1-20 are currently pending, claims 1, 7, 12, 14 and 16-18 are currently amended.
Response to Arguments
Applicant’s arguments with respect to amended claim(s) 1, 7, 12, 14 and 16-18 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. The amended claims overcome the prior art rejection by limiting the battery interface to be “…pivotable between a first position and a second position when the rechargeable power tool battery is being charged.” The examiner relied on newly found prior art reference SHINDE et al. (US 2012/0091948 A1) to address the newly added limitations.
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 (i.e., changing from AIA to pre-AIA ) 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, 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-4 and 7-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over WILLIAMS et al. (US 2023/0078495 A1, hereinafter WILLIAMS) in view of BERGNER (US 2008/0164842 A1, hereinafter BERGNER) and in further view of SHINDE et al. (US 2012/0091948 A1).
Regarding claim 1, WILLIAMS discloses a stackable unit configured to couple to a storage unit (See Figs.1 and 7, disclose a stackable unit [top unit] coupled to a storage unit [bottom unit]), the stackable unit comprising:
a housing (See figs. 1 and 7, Items#10 and 210 [top units] disclose a stackable unit comprising a housing comprising sides and box base 18);
a lower surface defined by the housing (See Fig.1, Item#18 and Par.34, disclose a box base 18; the lower part of the top unit);
a plurality of male couplers extending from the lower surface, the plurality of male couplers configured to couple the lower surface of the stackable unit to a top surface of the storage unit (See Fig.1 and Par.34, disclose a plurality of protrusion and depressions that are placed interchangeably on the lower surface and the lid such that the top unit is lower unit are coupled to one another);
a light pivotally coupled to the housing (See Figs.7-8 and Par.40 disclose a light assembly 234 and 238 pivotally coupled to the housing).
However, WILLIAMS does not disclose a battery interface pivotally coupled to the housing, the battery interface configured to couple to a rechargeable power tool battery, wherein the battery interface is pivotable between a first position and a second position when the rechargeable power tool battery is being charged.
BERGNER teaches a power tool case comprising a battery interface coupled to the housing, the battery interface is configured to couple to a rechargeable power tool battery (See Figs.1 and 3 and Par.21-23, disclose power tool case 10 comprising a charger 14, further comprising charging contacts to charge the battery of the power tool 16).
WILLIAMS and BERGNER are analogous art since they both deal with toolboxes.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the invention disclosed by WILLIAMS with the teachings of BERGNER by adding a battery interface coupled to the housing configured to couple to a rechargeable power tool battery for the benefit of charging a rechargeable power tool.
However, WILLIAMS and BERGNER do not disclose the battery interface is pivotally coupled to the housing, wherein the battery interface is pivotable between a first position and a second position when the rechargeable power tool battery is being charged.
SHINDE discloses a battery interface pivotally coupled to a housing, the battery interface configured to couple to a rechargeable device, wherein the battery interface is pivotable between a first position and a second position when the rechargeable device is being charged (See Figs.3 and 4, and Pars.18-19 disclose Door 18+mid wall 26+inner wall 24 forming a pocket 22 and a charging coil 28, the electronic device 20 is slid into the pocket 22 of the pocket 18 and receives power to charge the electronic device. The examiner explains that the first position shown in Fig.4 with the pocket 18 open is considered the first charging position and the second position shown in Fig.3 with the pocket 18 being closed is considered the second charging position).
WILLIAMS, BERGNER and SHINDE are analogous art since they all deal with battery charging.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the invention disclosed by WILLIAMS and SHINDE with the teachings of HOFER by adopting the pivoting structure for the charging battery interface pivotable between a first charging position and a second charging position for the benefit of simplifying the power tool placement and removal by pivoting the interface upward, placing the power tool base to receive charging then rotating the interface such that the power tool is horizontal and the lid can be closed and also provide a flush surface when the tool is placed and the tool is left to charge.
Regarding claim 2, WILLIAMS, BERGNER and SHINDE disclose the stackable unit of claim 1 as discussed above, comprising a lid pivotally coupled to the housing (See WILLIAMS, Fig.1 and Par.34, disclose a lid 22 pivotally coupled to the box base 18) such that the lid and the housing collectively define a first compartment (See WILLIAMS, Par.34, discloses the lid 22 and the box base 18 define an interior compartment) in which the battery interface is located (See Claim 1 rejection above, WILLIAMS and modified by BERGNER discloses a compartment comprising a charger 14), wherein the lid pivots about a first axis with respect to the housing (See WILLIAMS, Fig.6, and Par.37 discloses the lid 118 pivots along an axis with respect to base 114).
Regarding claim 3, WILLIAMS, BERGNER and SHINDE disclose the stackable unit of claim 2, wherein the light pivots about a second axis with respect to the lid, and the first axis is not colinear with the second axis (See WILLIAMS, Fig.8, discloses a plurality of lights 234 and 238, the lights pivo about different axis, such that at least one of the lights pivots about an axis that is no colinear with the lid pivot axis).
Regarding claim 4, WILLIAMS, BERGNER and SHINDE disclose the stackable unit of claim 3, wherein the first axis is perpendicular to the second axis (See WILLIAMS, Figs. 6-7, disclose the lid is opened by rotating about an axis defined by pivot 134 and the light 234 pivots about a perpendicular axis).
Regarding claim 7, WILLIAMS, BERGNER and SHINDE disclose the stackable unit of claim 1, wherein the battery interface pivots between the first position in which the rechargeable power tool battery extends vertically from the battery interface (See Claim 1 rejection, WILLIAM as modified by the teachings of BERGNER and HOFER discloses a toolbox [WILLIAMS] with a tool charging interface [BERGNER] wherein the charging interface as modified by SHINDE holds the tool in a vertical position [See SHINDE, Figs.4, discloses door18 in the vertical position when the device is being placed/removed from the pocket 22 of the door 18]. By adopting the SHINDE Pivotable charging interface, the tool is held vertically when the interface is rotated upwards), and a second position in which the rechargeable power tool battery extends laterally from the battery interface (See SHINDE, Fig.3, discloses the device 20 held laterally with the door 18 folded down).
Regarding claim 8, WILLIAMS, BERGNER and SHINDE disclose the stackable unit of claim 7 as discussed above, comprising a lid pivotally coupled to the housing (See WILLIAMS, Fig.1 and Par.34, disclose a lid 22 pivotally coupled to the box base 18) such that the lid and the housing collectively define a compartment (See WILLIAMS, Par.34, discloses the lid 22 and the box base 18 define an interior compartment) in which the battery interface is located (See Claim 1 rejection above, WILLIAMS and modified by BERGNER discloses a compartment comprising a charger 14), wherein the lid pivots about a first axis with respect to the housing (See WILLIAMS, Fig.6, and Par.37 discloses the lid 118 pivots along an axis with respect to base 114), wherein the lid can be closed when the battery interface is in the second position and the rechargeable power tool battery is coupled to the battery interface (See SHINDE, Fig.3, discloses the charging interface [door 18] in the folded down position and having a flat surface above it which would allow a lid as disclosed by WILLIAM to close when the door 18 is folded down and while the device is coupled to the battery interface 18 and coupled to charging coil 28).
Regarding claims 9-10, WILLIAMS, BERGNER and SHINDE disclose the stackable unit of claim 8 as discussed above, wherein the lid cannot be closed when the battery interface is in the first position and the rechargeable power tool battery is coupled to the battery interface (See SHINDE Fig.4, discloses the pocket 18 in the opened position an extending in the vertical direction above the edge of the receiving space of walls 12 of the console. WILLIAMS as modified by BERGNER and SHINDE discloses the interface when in the vertical position [SHINDE, Fig.4] the tool is in the vertical position and the lid [WILLIAMS, Fig.6, Item#118 cannot be closed]).
Regarding claim 11, WILLIAMS, BERGNER and SHJINDE the stackable unit of claim 8 as discussed above, wherein the battery interface rotates about a fourth axis with respect to the housing, and wherein the fourth axis is parallel to the first axis (See SHINDE, Figs.3-4 disclose the battery interface [pocket 18] rotating about an axis. WILLIAMS, BERGNER and SHJINDE disclose the axis of rotation to be parallel to the axis of rotation of the lid [Fig.6, Item#118]).
Regarding claim 12, WILLIAMS discloses a stackable unit configured to couple to a storage unit (See Figs.1 and 7, disclose a stackable unit [top unit] coupled to a storage unit [bottom unit]), the stackable unit comprising:
a housing (See figs. 1 and 7, Items#10 and 210 [top units] disclose a stackable unit comprising a housing comprising sides and box base 18);
a lower surface defined by the housing (See Fig.1, Item#18 and Par.34, disclose a box base 18; the lower part of the top unit);
a plurality of male couplers extending from the lower surface, the plurality of male couplers configured to couple the lower surface of the stackable unit to a top surface of the storage unit (See Fig.1 and Par.34, disclose a plurality of protrusion and depressions that are placed interchangeably on the lower surface and the lid such that the top unit is lower unit are coupled to one another);
a lid pivotally coupled to the housing, the lid pivoting about a first axis with respect to the housing (See WILLIAMS, Fig.1 and Par.34, disclose a lid 22 pivotally coupled to the box base 18); and
a light pivotally coupled to the housing, such that the light pivots about a second axis with respect to the lid, the first axis and the second axis being distinct from each other (See Figs.7-8 and Par.40 disclose a light assembly 234 and 238 pivotally coupled to the housing and rotate along different axis than the lid).
However, WILLIAMS does not disclose a battery interface configured to couple to a rechargeable power tool battery, wherein the battery interface is pivotable between a first charging position and a second charging position when the rechargeable power tool battery is coupled to the battery interface.
BERGNER teaches a power tool case comprising a battery interface coupled to the housing, the battery interface is configured to couple to a rechargeable power tool battery (See Figs.1 and 3 and Par.21-23, disclose power tool case 10 comprising a charger 14, further comprising charging contacts to charge the battery of the power tool 16).
WILLIAMS and BERGNER are analogous art since they both deal with toolboxes.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the invention disclosed by WILLIAMS with the teachings of BERGNER by adding a battery interface coupled to the housing configured to couple to a rechargeable power tool battery for the benefit of charging a rechargeable power tool.
However, WILLIAMS and BERGNER do not disclose the battery interface is pivotally coupled to the housing, wherein the battery interface is pivotable between a first position and a second position when the rechargeable power tool battery is being charged.
SHINDE discloses a battery interface pivotally coupled to a housing, the battery interface configured to couple to a rechargeable device, wherein the battery interface is pivotable between a first position and a second position when the rechargeable device is being charged (See Figs.3 and 4, and Pars.18-19 disclose Door 18+mid wall 26+inner wall 24 forming a pocket 22 and a charging coil 28, the electronic device 20 is slid into the pocket 22 of the pocket 18 and receives power to charge the electronic device. The examiner explains that the first position shown in Fig.4 with the pocket 18 open is considered the first charging position and the second position shown in Fig.3 with the pocket 18 being closed is considered the second charging position).
WILLIAMS, BERGNER and SHINDE are analogous art since they all deal with battery charging.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the invention disclosed by WILLIAMS and SHINDE with the teachings of HOFER by adopting the pivoting structure for the charging battery interface pivotable between a first charging position and a second charging position for the benefit of simplifying the power tool placement and removal by pivoting the interface upward, placing the power tool base to receive charging then rotating the interface such that the power tool is horizontal and the lid can be closed and also provide a flush surface when the tool is placed and the tool is left to charge.
Regarding claim 13, WILLIAMS, BERGNER and SHINDE disclose the stackable unit of claim 12 as discussed above, wherein the lid and the housing collectively define a first compartment (See WILLIAMS, Par.34, discloses the lid 22 and the box base 18 define an interior compartment).
Regarding claim 14, WILLIAMS, BERGNER and SHINDE disclose the stackable unit of claim 12 as discussed above, wherein the first axis is parallel to the second axis (See WILLIAMS, Figs.6-8, disclose a stackable unit with a lid and a pivotable light 238, the examiner interprets the lid to open from the front and rotate up [Fig.6], light 238 is rotates upwards along an axis parallel to the lid rotation axis).
Claim(s) 5-6 and 15-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over WILLIAMS in view of BERGNER and SHINDE and in further view of BARMES (US 9,918,531 B2, hereinafter BARMES).
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Regarding claims 5-6 and 15 (Claim 5 is considered representative for limitation matching purposes), WILLIAMS, BERGNER and SHINDE disclose the stackable unit of claim 2 as discussed above, However, WILLIAMS, BERGNER and SHINDE do not disclose comprising a second lid pivotally coupled to the housing, the second lid pivoting about a third axis with respect to the housing, wherein the second lid and the housing collectively define a second compartment distinct from the first compartment.
BARMES discloses a storage case comprising a first lid coupled to the housing (See Fig.28-1 discloses a first lid on the right side), a second lid pivotally coupled to the housing (See Fig.28-1, discloses a second lid on the left side of the drawing), the second lid pivoting about a third axis with respect to the housing (See Fig.28-1, discloses the axis is different that the axis around which the first lid pivots), wherein the second lid and the housing collectively define a second compartment distinct from the first compartment (See Fig.28-1 and 2A-1, discloses a second compartment 20A between the second lid and the base to which it is attached. Regarding claim 6, the axis of rotation of the first lid is perpendicular to that of the second lid).
WILLIAMS, BERGNER, SHINDE and BARMES are analogous art since they all deal with storage enclosures.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the invention disclosed WILLIAMS, BERGNER and SHINDE with the teachings of BARMES by replacing the single lid with the dual lid configuration disclosed by BARMES for the benefit of improving the organizing structure by providing separate compartments with separate lids to store plurality of items.
Regarding claim 16, WILLIAMS, BERGNER, SHINDE and BARMES disclose the stackable unit of claim 15 as discussed above, wherein the second lid can be closed when the battery interface is in the second charging position and the rechargeable power tool battery is coupled to the battery interface (See SHINDE, Fig.3, discloses the charging interface [door 18] in the folded down position and having a flat surface above it which would allow a lid as disclosed by WILLIAM to close when the door 18 is folded down and while the device is coupled to the battery interface 18 and coupled to charging coil 28).
Regarding claim 17, WILLIAMS, BERGNER, SHINDE and BARMES disclose the stackable unit of claim 16 as discussed above, wherein the second lid cannot be closed when the battery interface is in the first charging position and the rechargeable power tool battery is coupled to the battery interface (See SHINDE Fig.4, discloses the pocket 18 in the opened position an extending in the vertical direction above the edge of the receiving space of walls 12 of the console. WILLIAMS as modified by BERGNER and SHINDE discloses the interface when in the vertical position [SHINDE, Fig.4] the tool is in the vertical position and the lid [WILLIAMS, Fig.6, Item#118 cannot be closed]).
Claim(s) 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over WILLIAMS in view of BERGNER and SHINDE and in further view of HOVATTER (US 5,906,381, hereinafter HOVATTER).
Regarding claim 18, WILLIAMS discloses a stackable unit configured to couple to a storage unit (See Figs.1 and 7, disclose a stackable unit [top unit] coupled to a storage unit [bottom unit]), the stackable unit comprising:
a housing (See Figs. 1 and 7, Items#10 and 210 [top units] disclose a stackable unit comprising a housing comprising sides and box base 18);
a lower surface defined by the housing (See Fig.1, Item#18 and Par.34, disclose a box base 18; the lower part of the top unit);
a plurality of male couplers extending from the lower surface, the plurality of male couplers configured to couple the lower surface of the stackable unit to a top surface of the storage unit (See Fig.1 and Par.34, disclose a plurality of protrusion and depressions that are placed interchangeably on the lower surface and the lid such that the top unit is lower unit are coupled to one another);
a lid pivotally coupled to a top of the housing, the lid pivoting about a first axis with respect to the housing (See WILLIAMS, Fig.1 and Par.34, disclose a lid 22 pivotally coupled to the box base 18).
However, WILLIAMS does not disclose one or more magnets coupled to the lid, the magnets configured to facilitate retention of fasteners to an upper surface of the stackable unit; and a battery interface pivotally coupled to the housing, the battery interface pivoting about a second axis independently from the lid, the battery interface configured to couple to a rechargeable power tool battery.
BERGNER teaches a power tool case comprising a battery interface coupled to the housing, the battery interface is configured to couple to a rechargeable power tool battery (See Figs.1 and 3 and Par.21-23, disclose power tool case 10 comprising a charger 14, further comprising charging contacts to charge the battery of the power tool 16).
WILLIAMS and BERGNER are analogous art since they both deal with toolboxes.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the invention disclosed by WILLIAMS with the teachings of BERGNER by adding a battery interface coupled to the housing configured to couple to a rechargeable power tool battery for the benefit of charging a rechargeable power tool.
However, WILLIAMS and BERGNER do not disclose that the battery interface is pivotally coupled to the housing, the battery interface pivoting about a second axis independently from the lid, the battery interface configured to couple to a rechargeable power tool battery or one or more magnets coupled to the lid, the magnets configured to facilitate retention of fasteners to an upper surface of the stackable unit.
SHINDE discloses a battery interface pivotally coupled to a housing, the battery interface configured to couple to a rechargeable device, wherein the battery interface is pivotable between a first position and a second position when the rechargeable device is being charged (See Figs.3 and 4, and Pars.18-19 disclose Door 18+mid wall 26+inner wall 24 forming a pocket 22 and a charging coil 28, the electronic device 20 is slid into the pocket 22 of the pocket 18 and receives power to charge the electronic device. The examiner explains that the first position shown in Fig.4 with the pocket 18 open is considered the first charging position and the second position shown in Fig.3 with the pocket 18 being closed is considered the second charging position).
WILLIAMS, BERGNER and SHINDE are analogous art since they all deal with battery charging.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the invention disclosed by WILLIAMS and SHINDE with the teachings of HOFER by adopting the pivoting structure for the charging battery interface pivotable between a first charging position and a second charging position for the benefit of simplifying the power tool placement and removal by pivoting the interface upward, placing the power tool base to receive charging then rotating the interface such that the power tool is horizontal and the lid can be closed and also provide a flush surface when the tool is placed and the tool is left to charge.
However, WILLIAMS, BERGNER and SHINDE do not disclose one or more magnets coupled to the lid, the magnets configured to facilitate retention of fasteners to an upper surface of the stackable unit.
HOVATTER discloses a tool storage system comprising one or more magnets coupled to the lid, the magnets configured to facilitate retention of fasteners to an upper surface (See Fig.1, Item#30 and Col.3, lines 32-33 and Col.4, lines 9-11, disclose a magnetic cover surface to hold parts and tools).
WILLIAMS, BERGNER, SHINDE and HOVATTER are analogous art since they all deal with storage systems.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the invention disclosed by WILLIAMS, BERGNER and SHINDE with the teachings of HOVATTER by adding magnetic elements to the lid for the benefit of allowing the lid to hold parts while the toolbox is closed.
Regarding claim 19, WILLIAMS, BERGNER, SHINDE and HOVATTER disclose the stackable unit of claim 18 as discussed above, wherein the battery interface pivots between a first position and a second position (See SHINDE, Figs.3-4, disclose the charging interface [Pocket 18] in an opened position [First position in Fig.4] and closed position [second position, Fig.3]), wherein the lid cannot be closed when the battery interface is in the first position and the rechargeable power tool battery is coupled to the battery interface (See SHINDE Fig.4, discloses the pocket 18 in the opened position an extending in the vertical direction above the edge of the receiving space of walls 12 of the console. WILLIAMS as modified by BERGNER and SHINDE discloses the interface when in the vertical position [SHINDE, Fig.4] the tool is in the vertical position and the lid [WILLIAMS, Fig.6, Item#118 cannot be closed]), and wherein the lid can be closed when the battery interface is in the second position and the rechargeable power tool battery is coupled to the battery interface (See SHINDE, Fig.3, discloses the charging interface [door 18] in the folded down position and having a flat surface above it which would allow a lid as disclosed by WILLIAM to close when the door 18 is folded down and while the device is coupled to the battery interface 18 and coupled to charging coil 28).
Regarding claim 20, WILLIAMS, BERGNER, SHINDE and HOVATTER disclose the stackable unit of claim 18, comprising a light coupled to the housing (See WILLIAMS, Fig.8, Items#234 and 238).
Conclusion
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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AHMED H OMAR whose telephone number is (571)270-7165. The examiner can normally be reached 10:00 am -7:00 PM EST.
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, Drew Dunn can be reached at 571-272-2312. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AHMED H OMAR/Primary Examiner, Art Unit 2859
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