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 .
Claim Rejections - 35 USC § 102
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 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.
Claims 1-4, 10-12, 15, and 18-23 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Holmberg (7,240,814).
Homberg discloses an apparatus for a vehicle comprising a compartment (12) having an edge surrounding a cavity and an inside sidewall (22,24) at least partially defining the cavity, as shown in Figures 1-5. The inside side wall (22,24) includes a plurality of wall apertures (30) disposed therein, as shown in Figures 1 and 3-5. A lid (28) is coupled to the compartment, as disclosed on lines 60 and 61 of column 2. The lid (28) has an inner surface sized to span over the cavity and at least partially enclose the compartment (12), as shown in Figure 1. A retainer (14) is sized and configured to removably couple to the inside wall (22,24) via a plurality of attachment features (42), as shown in Figures 1, 4A-4D, and 5. Each attachment feature (42) is configured to be received through the inside sidewall (22,24) via a corresponding wall aperture (30) of the plurality of wall apertures (30) to secure the retainer to the inside sidewall (22,24), as shown in Figures 1 and 3-5.
In reference to claim 2, the retainer (14) is configured to be suspended from the inside sidewall, as shown in Figures 1 and 5.
In reference to claim 3, the retainer (14) at least partially defines an opening for receiving one or more items to be stored in zone A of the compartment (12) as shown in Figure 5. The opening is defined by rear wall (20), sidewalls (22,24), and the vertical portion of retainer (14), as shown in Figure 5.
In reference to claim 4, the inner surface of the lid (28) is disposed at the opening of the retaining in response to the lid (28) to a closed position, whereby the one or more items are blocked from exiting the retainer, as shown in Figure 5.
In reference to claim 10, the retainer (14) includes a first attachment feature (42) of the plurality of attachment features (42), as shown in Figures 1-5. The first attachment feature (42) is configured to be received by each of the plurality of wall apertures (30), whereby the retainer (14) is configurable between a plurality of positions with respect to the inside sidewall (22,42), as shown in Figures 1, 3, and 5.
In reference to claim 11, the retainer (14) comprises a strap (52), as shown in Figures 3 and 4A.
In reference to claim 12, the vehicle center console (10) comprises a compartment (12) having an edge surrounding a cavity and an inside sidewall (22,24) at least partially defining the cavity, as shown in Figures 1, 2, and 5. A lid (28) is coupled to the compartment (12), as shown in Figures 1-3 and 5. The lid includes an inner surface sized to span over the cavity and at least partially enclose the cavity, as shown in Figures 1 and 5. A plurality of wall apertures (30) are disposed in the inside sidewalls (22,24), as shown in Figures 1 and 3-5. A retainer (14) is sized and configured to removably couple to the inside sidewall (22,24) via the plurality of wall apertures (30), as shown in Figures 1, 3, and 5. Each wall aperture (30) of the plurality of wall apertures (30) is configured to receive an attachment feature (42) through the inside sidewall (22,24) to secure the retainer (14) to the inside sidewall (22,24), as shown in Figures 1 and 5.
In reference to claim 15, the retainer (14) includes a first attachment feature (42) is configured to be received by a first wall aperture (30) of the plurality of wall apertures (42), as shown in Figures 1 and 3-5. The retainer (42) is configured to removably couple to the inside sidewall, as shown in Figures 1 and 3-5.
In reference to claim 18, the first attachment feature (42) is configured to be received by a second wall aperture (30) of the plurality of wall apertures (30), as shown in Figures 1, 3, and 5. The first attachment feature (42) is movable between the first wall aperture (30) and the second wall aperture (30) to adjust a position of the retainer (14), as shown in Figures 1, 3, and 5.
In reference to claim 19, the method comprises disposing a first end of an attachment feature (42) in a wall aperture (30) disposed in an inside sidewall (22,24) of a center console compartment (10), positioning a second end of the attachment feature (42) to extend into a cavity of the center console compartment, as shown in Figures 4A-4C. The attachment feature (42) extends through the inside sidewall (22,24) and disposing the second end of the attachment feature (42) extends through the aperture (30) disposed in a retainer (14) whereby the retainer (14) is secured to the inside sidewall (22,24), as shown in Figures 1 and 3-5.
In reference to claim 20, the retainer (14) is secured to the inside sidewall (22,24) with the attachment feature (42), as shown in Figures (4A-4C.
In reference to claim 21, the inside sidewall (22,24) at least partially defines the opening, as shown in Figure 5.
In reference to claim 22, the plurality of wall apertures (30) are vertically spaced on the inside sidewall (22,24), as shown in Figures 1, 3, and 5.
In reference to claim 23, the plurality of wall apertures (30) are disposed in a single, common plane, as shown in Figures 1, 3, and 5.
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.
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.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Holmberg (7,240,814) in view of Myrick (6,890,138).
Holmberg disclose each attachment feature (42) is a button configured to attach the retainer (14) to the inside sidewall (22,24), as shown in Figure 4A.
However, Holmberg does not disclose the button is made of rubber.
Myrick teaches forming an attachment feature (300) from rubber, as disclosed on lines 47-51 of column 4.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to form the buttons of Holmberg of rubber, as taught by Myrick, with a reasonable expectation for success to reduce vibrations and noises.
Allowable Subject Matter
Claims 6, 7, 9, 13, and 16 are 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.
Response to Arguments
Applicant’s arguments, see remarks, filed 1/21/2026, with respect to the rejection(s) of claim(s) 1 and 12 under 35 USC 102(a)(1) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Holmberg (7,240,814).
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 GREGORY A BLANKENSHIP whose telephone number is (571)272-6656. The examiner can normally be reached 7-4:30.
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, Amy Weisberg can be reached at 571-270-5500. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
GREGORY A. BLANKENSHIP
Primary Examiner
Art Unit 3612
/GREGORY A BLANKENSHIP/Primary Examiner, Art Unit 3612 April 6, 2026