Continued Prosecution Application
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 11/04/2025 has been entered.
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 1-10 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, the phrase “wherein the hang bar is spaced away from the sidewall of the toolbox to create a gap for the hang clip to enclose the hang bar” defines the hang bar in reference to a sidewall of a toolbox which is undefined and has not been positively claimed rendering the claims vague and indefinite because it is not clear what structural limitations applicant intends to encompass with such language.
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.
Claim(s) 1-2 and 5-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Samuels (2,665,869) in view of LoNigro (4,149,693).
To the extent that the Examiner can determine the scope of the claims, Samuels discloses a hanging apparatus (1, 2, 11, 12, 14; Fig. 1) comprising a hang bar (14) having a hanging zone to mount a hang clip (11, 12) and a mounting zone (see Fig. 1 below; the mounting zone comprises two arm members with each arm member attached at an approximately perpendicular to the hang bar (14) having mounting apparatus deployed thereon to mount the hang bar on a support surface (1, 2)), and a hang clip (12) mounted on the hang bar in the hanging zone. The hang clip having a hook (11) deployed asymmetrically on an outer side of the hang clip facing away from a surface of the support surface. Samuels further discloses the cross section of the hanging zone of the hang bar is approximately matched with a cross section of an aperture (Fig. 2 or 7) of the hang clip to securely mount the hang clip on the hanging zone. The hang bar of Samuels is capable to be mounted on a sidewall of a toolbox instead of the upright bars (1, 2) with the hang bar is spaced away from the sidewall of the toolbox. Samuels also discloses the other claimed limitations except for the cross section of the hanging zone of the hang bar is matched with and is enclosed by the cross section of the aperture of the hang clip to securely mount the hang clip on the hanging zone as claimed. LoNigro discloses a hanging apparatus (10; Fig. 1) comprising a hang bar (18) having a hanging zone (20, 21) to mount a hang clip (36) and a mounting zone (22) having mounting apparatus (28-32) deployed thereon to mount the hang bar on a support surface (14) with the hang bar is spaced away from the support surface, and a hang clip (36) having an aperture (40). LoNigro further discloses the cross section of the hanging zone of the hang bar is matched with and is enclosed by a cross section of the aperture (40) of the hang clip to securely mount the hang clip on the hanging zone. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention in view of LoNigro to modify the hanging apparatus of Samuels so the hanging apparatus is constructed with the cross section of the hanging zone of the hang bar is matched with and is enclosed by the cross section of the aperture of the hang clip to securely mount the hang clip on the hanging zone as claimed for better securing the hang clip on the hang bar and to prevent the hang clip from accidentally falling off the hang bar.
As to claim 2, Samuels discloses the hang bar is one of a flat hang bar (Fig. 1), a hang bar with bent arms (Fig. 1), a hang bar with S-curves, and a hang bar with a mid-section recess.
As to claim 5, Samuels discloses the hanging apparatus comprises a spacer used with the flat hang bar to create a gap between the flat hang bar and the support surface/the sidewall of the toolbox (Fig. 1 below discloses one of the two arm members is considered as a spacer as claimed).
As to claim 6, Samuels further discloses the hook of the hang clip is one of a flat hook, a finger hook, a J-shaped hook (Fig. 1), and an S-shaped hook.
As to claim 7, LoNigro further discloses the cross section of the hang bar and the cross section of the aperture of the hang clip have a rectangular shape (Fig. 3).
As to claim 8, see Fig. 3 of LoNigro.
As to claim 9, the hanging apparatus of Samuels as modified further fails to show the cross section of the hang bar and the cross section of the aperture of the hang clip comprise one of a J shape, a U shape, a square shape, a circular shape and a triangular shape in lieu of the rectangular shape as disclosed by LoNigro. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the hanging apparatus of Samuels as modified so the hanging apparatus is constructed with the cross section of the hang bar and the cross section of the aperture of the hang clip comprise one of a J shape, a U shape, a square shape, a circular shape and a triangular shape instead of the rectangular shape because the selection of the specific shape for the cross section of the hang bar and the cross section of the aperture would have been an obvious matter of design choice inasmuch as the resultant structures will work equally well.
As to claim 10, Samuels discloses the support surface (1, 2) is a vertically oriented wall. The hanging apparatus of Samuels as modified is capable to mount on the support surface is a vertically oriented wall of a toolbox.
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Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over the references as applied to claim 1 or 2 above, and further in view of The Official Notice. Samuels discloses the hanging apparatus as above and further discloses a weld/seam (19) formed between a body (18) of the hang clip (12) and the hook (11; Fig. 2 and column 2, lines 31-36). To the extent that the hanging apparatus of Samuels as modified further fails to show a seam in the hang clip to allow mounting the hang clip onto the mounting zone of the hang bar as claimed. The Official Notice is taken of an old and conventional practice of providing a device formed from two separate pieces and join together to form the device instead of the device formed from a single piece. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention in view of The Official Notice to modify the hanging apparatus of Samuels as modified so the hang clip comprises a seam to allow mounting the hang clip onto the mounting zone of the hang bar to facilitate mounting and because it has been held that forming in one piece an article which has formerly been formed in two pieces and put together involves only routine skill in the art.
Allowable Subject Matter
Claim 4 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant's arguments with respect to all rejected claims have been considered but are deemed to be moot in view of the new grounds of rejection.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LUAN K BUI whose telephone number is (571)272-4552. The examiner can normally be reached Generally M-F, 7-4.
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/LUAN K BUI/
Primary Examiner, Art Unit 3736