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 .
Response to Amendment
Claims 1-20 are pending.
Claims 1, 8, and 15 are amended.
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) 1-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Murray (US 20030010570) in view of Hall (US 4480810), House (US 6666342), and Fournier (US 6193034).
Regarding claim 1, Murray discloses, A tool organizer configured to be suspendedly mounted to a suitable support structure (abstract) wherein the tool organizer comprises: a body (12), said body being planar in manner (Fig. 1) , said body having a first side (front side) and a second side (back side), said body having an upper end (upper end adjacent to support 14) and a lower end (lower end further from 14), said body being manufactured from a durable sheet material (para 24. “The base (12) may be […] cut from stock material such […] polymer plastic sheets”); a support member (14 left and right; Fig. 1), said support member being secured to said upper end of said body (Fig. 1) , said support member being configured to operably couple to a suitable support structure in order to facilitate suspendedly mounting said body thereto (para 27; “hook (14) is in contact with the scaffold such that the base (12) hangs from the scaffold bar.”), at least one storage member (18), said at least one storage member being secured to said first side of said body (Para 31), said at least one storage member configured to receive and retain an object therein (para 31)
Murray discloses two support member one on left and one on right (Fig. 1C) wherein a first face of the support member secured to and extending parallel to the body (Fig. 1 E; the support member is secured to the body) but does not explicitly disclose, the support member comprising two adjustable brackets, each adjustable bracket comprising: a first right angle bracket secured to the body, the first right angle bracket having a first face secured to and extending parallel to the body and a second face extending from the first face perpendicular to said body, and a second right angle bracket adjustably secured to the first right angle bracket, the second right angel bracket having a first face adjustably secured to the second face of the first right angel bracket and a second face extending parallel to the body, and a third face extending parallel to the first face, the third face being smaller than the first face, wherein a distance between the body and the second face of the second right angle bracket is separately adjustable for each said adjustable bracket.
Hall discloses, a tool organizer comprising support member comprising adjustable brackets (See annotated fig. below), each adjustable bracket comprising: a first right angle bracket (See annotated fig. below) secured to the body, the first right angle bracket having a first face (See annotated fig. below) secured to and extending parallel to the body and a second face (See annotated fig. below) extending from the first face perpendicular to said body, and a second right angle bracket (See annotated fig. below) adjustably secured to the first right angle bracket, the second right angel bracket having a first face (See annotated fig. below) adjustably secured to the second face of the first right angel bracket and a second face (See annotated fig. below) extending parallel to the body, and a third face extending parallel to the first face, the third face being smaller than the first face, wherein a distance between the body and the second face of the second right angle bracket is adjustable for each adjustable bracket (Fig. 2; col. 4; lines 19-28).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Murray to replace each support member/hook with support member comprising adjustable brackets, each adjustable bracket comprising: a first right angle bracket secured to the body, the first right angle bracket having a first face secured to and extending parallel to the body and a second face extending from the first face perpendicular to said body, and a second right angle bracket adjustably secured to the first right angle bracket, the second right angel bracket having a first face adjustably secured to the second face of the first right angel bracket and a second face extending parallel to the body, and a third face extending parallel to the first face, the third face being smaller than the first face, wherein a distance between the body and the second face of the second right angle bracket is adjustable for each adjustable bracket as taught by Hall since this would allow for attaching to different size and varieties of pole, and support (Col. 2; lines 33-35).
As a result Murray as modified would have, two adjustable bracket for each replaced support member wherein a distance between the body and the second face of the second right angle bracket is separately adjustable for each said adjustable bracket since the brackets are separate.
However, Murray as modified does not explicitly disclose, at least one retention member, said at least one retention member operable to releasably secure an object adjacent to said first side of said body, the retention member comprising a solid ring operable to provide an anchor point for a releasable tether.
House discloses a tool storage comprising at least one retention member (160; Fig 4), said at least one retention member operable to releasably secure an object adjacent to said first side of said body, the retention member comprising a solid ring operable to provide an anchor point for a releasable tether (Col. 6; lines 60-67).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Murray to incorporate at least one retention member, said at least one retention member operable to releasably secure an object adjacent to said first side of said body, the retention member comprising a solid ring operable to provide an anchor point for a releasable tether as taught by House for the purpose of providing additional storage space for keeping power tools when not in use.
With regards to the limitation “body being foldably movable between a stored position wherein the upper end and the lower end are proximate to each other and a deployed position wherein the upper end and the lower end are distal to each other” Murray does not appear to disclose this limitation.
Fournier discloses, an organizer comprising a foldable body movable between a stored position wherein the upper end and the lower end are proximate to each other (Fig. 1) and a deployed position wherein the upper end and the lower end are distal to each other (Fig.3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Murray to have body being foldably movable between a stored position wherein the upper end and the lower end are proximate to each other and a deployed position wherein the upper end and the lower end are distal to each other as taught by Fournier for the purpose of keeping the tools clean when not in use by closing the storage.
Regarding claim 2, Murray as modified discloses a storage bag comprising stored position (Fournier , Fig. 1) wherein first side (Front side) of said body is inaccessible.
Regarding claim 3, Murray does not explicitly disclose, an exterior pocket said exterior pocket being secured to said body, said exterior pocket being accessible when said body is in said stored position.
Fournier discloses a storage bag comprising stored position (Fig. 1) wherein exterior has an exterior pocket (10) said exterior pocket being secured to said body, said exterior pocket being accessible when said body is in said stored position (Fig. 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Murray to have an exterior pocket said exterior pocket being secured to said body, said exterior pocket being accessible when said body is in said stored position as taught by Fournier for the purpose of allowing user to quickly access a desired article even when the storage is closed without opening the entire system.
Regarding claim 4, Murray does not explicitly disclose further including a first handle and a second handle, said first handle and said second handle being proximate said upper end of said body secured proximate said support member.
Fournier discloses, a first handle (5) and a second handle (7) , said first handle (5) and said second handle (7) being proximate said upper end of said body.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Murray to incorporate a first handle and a second handle, said first handle and said second handle being proximate said upper end of said body as taught by Fournier for the purpose of allowing the user to carry the storage easily when transporting.
Claim(s) 5-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Murray- Hall-House- Fournier as applied to claim 4 above, and further in view of Taggart (US 5971101) and Little (US 4953765).
Regarding claim 5, Murray as modified does not explicitly disclose, body further includes D ring attachment, said plurality of D-ring attachment being proximate a midpoint of said body.
Taggart discloses a tool storage comprising a body including D ring attachment (62), said D-ring attachment being proximate a midpoint of said body.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Murray to incorporate D ring attachment, aid D-ring attachment being proximate a midpoint of said body as taught by Taggart for the purpose of having tools (Col. 5; lines 42-47).
With regards to the limitation “a plurality of D-ring attachments, said plurality of D-ring attachments being axially aligned horizontally across said body.” While Murray does not disclose this limitation, Little discloses the use of a plurality of ring attachments (130, 132), said plurality of ring attachments being axially aligned horizontally across said body.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Murray to have plurality of ring, plurality of ring attachments being axially aligned horizontally across said body as taught by Little for the purpose of hanging multiple items.
As a result of the modification, Murray as modified would have a plurality of D-ring attachments, said plurality of D-ring attachments being proximate a midpoint of said body, said plurality of D-ring attachments being axially aligned horizontally across said body.
Regarding claim 6, Murray as modified discloses, in said deployed position said body is adjacent the support structure and parallel therewith (Hall, fig. 2).
Regarding claim 7, Murray discloses, said body is manufactured from polyester sheet material (para 24).
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Murray (US 20030010570) in view of Hall (US 4480810), Taggart (US 5971101), Little (US 4953765) , and Fournier (US 6193034).
Regarding claim 8, Murray discloses, A tool organizer configured to be suspendedly mounted to a railing of an elevated work platform (abstract) wherein the tool organizer comprises: a body (12) , said body being planar in manner (Fig. 1) , said body having a first side (front side) and a second side (back side), said body having an upper end (upper end adjacent to support 14) and a lower end (lower end further from 14), said body having a first lateral edge (Fig. 1A; left side edge) , said body having a second lateral edge(Fig. 1A; right side edge); a rail support member (14, left and right), said rail support member being proximate said upper end of said body (Fig. 1) , said rail support member configured to operably couple to a top rail of the elevated work platform (para 27; “hook (14) is in contact with the scaffold such that the base (12) hangs from the scaffold bar.”).
Murray discloses two support member one on left and one on right (Fig. 1C) wherein a first face of the support member secured to and extending parallel to the body (Fig. 1 E; the support member is secured to the body) but does not explicitly disclose, said rail support member comprising two adjustable brackets, each adjustable bracket comprising: a first right angle bracket secured to the body, the first right angle bracket having a first face secured to and extending parallel to the body and a second face extending from the first face perpendicular to said body, and a second right angle bracket adjustably secured to the first right angle bracket, the second right angel bracket having a first face adjustably secured to the second face of the first right angel bracket and a second face extending parallel to the body, and a third face extending parallel to the first face, the third face being smaller than the first face, wherein a distance between the body and the second face of the second right angle bracket is adjustable for each adjustable bracket.
Hall discloses, a tool organizer comprising support member comprising adjustable brackets (See annotated fig. below), adjustable bracket comprising: a first right angle bracket (See annotated fig. below) secured to the body, the first right angle bracket having a first face (See annotated fig. below) secured to and extending parallel to the body and a second face (See annotated fig. below) extending from the first face perpendicular to said body, and a second right angle bracket (See annotated fig. below) adjustably secured to the first right angle bracket, the second right angel bracket having a first face (See annotated fig. below) adjustably secured to the second face of the first right angel bracket and a second face (See annotated fig. below) extending parallel to the body, and a third face extending parallel to the first face, the third face being smaller than the first face, wherein a distance between the body and the second face of the second right angle bracket is adjustable for each adjustable bracket (Fig. 2; col. 4; lines 19-28).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Murray to replace each support member/hook with support member comprising adjustable bracket, each adjustable bracket comprising: a first right angle bracket secured to the body, the first right angle bracket having a first face secured to and extending parallel to the body and a second face extending from the first face perpendicular to said body, and a second right angle bracket adjustably secured to the first right angle bracket, the second right angel bracket having a first face adjustably secured to the second face of the first right angel bracket and a second face extending parallel to the body, and a third face extending parallel to the first face, the third face being smaller than the first face, wherein a distance between the body and the second face of the second right angle bracket is adjustable for each adjustable bracket as taught by Hall since this would allow for attaching to different size and varieties of pole, and support (Col. 2; lines 33-35).
As a result Murray as modified would have, two adjustable bracket for each replaced support member wherein a distance between the body and the second face of the second right angle bracket is separately adjustable for each said adjustable bracket since the brackets are separate.
Murray as modified does not explicitly disclose, body further includes D ring attachment, said D-ring attachment being proximate a midpoint of said body.
Taggart discloses a tool storage comprising a body including D ring attachment (62), said D-ring attachment being proximate a midpoint of said body.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Murray to incorporate D ring attachment, aid D-ring attachment being proximate a midpoint of said body as taught by Taggart for the purpose of having tools (Col. 5; lines 42-47).
With regards to the limitation “a plurality of D-ring attachments, said plurality of D-ring attachments being axially aligned horizontally across said body.” While Murray does not disclose this limitation, Little discloses the use of a plurality of ring attachments (130, 132), said plurality of ring attachments being axially aligned horizontally across said body.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Murray to have plurality of ring, plurality of ring attachments being axially aligned horizontally across said body as taught by Little for the purpose of hanging multiple items.
As a result of the modification, Murray as modified would have a plurality of D-ring attachments, said plurality of D-ring attachments being proximate a midpoint of said body, said plurality of D-ring attachments being axially aligned horizontally across said body.
The limitation “said plurality of D-ring attachments configured to releasably secure a tether” is considered to be intended use. Examiner asserts that the recitation of intended use or purpose of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use or fulfilling said purpose, then it meets the claim. Herein, the D ring is capable of being used for releasably secure a tether and thereby meeting the scope of the limitation.
With regards to the limitation “body being foldably movable between a stored position wherein the upper end and the lower end are proximate to each other and a deployed position wherein the upper end and the lower end are distal to each other” Murray does not appear to disclose this limitation.
Fournier discloses, an organizer comprising a foldable body movable between a stored position wherein the upper end and the lower end are proximate to each other (Fig. 1) and a deployed position wherein the upper end and the lower end are distal to each other (Fig.3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Murray to have body being foldably movable between a stored position wherein the upper end and the lower end are proximate to each other and a deployed position wherein the upper end and the lower end are distal to each other as taught by Fournier for the purpose of keeping the tools clean when not in use by closing the storage.
Regarding claim 9, Murray does not explicitly disclose, a fastener, said fastener being present along said first lateral edge and said second lateral edge, said fastener operable to facilitate maintaining said body in said stored position.
Fournier discloses, a fastener (14) , said fastener being present along said first lateral edge (Fig. 3; left side) and said second lateral edge (Fig.3; right side) , said fastener operable to facilitate maintaining said body in said stored position.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Murray to incorporate a fastener, said fastener being present along said first lateral edge and said second lateral edge, said fastener operable to facilitate maintaining said body in said stored position as taught by Fournier for the purpose of keeping the tools within the storage area and preventing it from getting dirty when stored while also preventing unauthorized access to the tools.
Claim(s) 10-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Murray-Hall- Taggart-Little- Fournier as applied to claim 9 above, and further in view of Crawford (US 20110147428).
Regarding claim 10, Murray discloses attachment apparatus 16 to the lower side of the holder on the second side to attach to a scaffold but does not explicitly disclose, at least one lower securing strap said at least one lower securing strap being proximate said lower end of said body, said at least one lower securing strap being configured to operably couple to an additional rail on the elevated work platform.
Crawford discloses, a tool storage straps 302 that are utilized to mount to a horizontal bar (para 24, 25).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified apparatus 16 of Murray with straps as taught by Crawford as this would allow for the bag to be installed on different sizes of horizontal bar.
Regarding claim 11, Murray does not explicitly disclose, an exterior pocket, said exterior pocket configured to be accessible when said body is in said stored position.
Fournier discloses, a tool container comprising exterior pocket (10), said exterior pocket being accessible when said body is in said stored position (Fig. 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Murray to incorporate an exterior pocket, said exterior pocket configured to be accessible when said body is in said stored position as taught by Fournier for the purpose of allowing user to quickly access a desired article even when the storage is closed without opening the entire system.
Regarding claim 12, Murray does not explicitly disclose, a plurality of retention pockets, said plurality of retention pockets being proximate said first lateral edge and said upper end of said body, said plurality of retention pockets configured to receive and retain objects therein.
Fournier discloses a plurality of retention pockets (Fig, 3; 15, 16, 17) , said plurality of retention pockets being proximate said first lateral edge and said upper end of said body, said plurality of retention pockets configured to receive and retain objects therein (Col. 5; lines 13-15).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Murray to have , a plurality of retention pockets, said plurality of retention pockets being proximate said first lateral edge and said upper end of said body, said plurality of retention pockets configured to receive and retain objects therein as taught by Fournier for the purpose of storing additional articles within the storage base.
Regarding claim 13, Murray does not explicitly disclose, a plurality of securing sleeves, said plurality of securing sleeves configured to releasably secure objects against said first side of said body.
Fournier discloses a plurality of securing sleeves (Fig. 3; 18, 19, 20).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Murray to incorporate a plurality of securing sleeves as taught by Fournier for the purpose of having additional storage space to store articles.
The limitation “plurality of securing sleeves configured to releasably secure objects against said first side of said body.” is considered to be intended use. Examiner asserts that the recitation of intended use or purpose of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use or fulfilling said purpose, then it meets the claim. Herein, the sleeves are capable of releasably secure objects against said first side of said body just as the present invention.
Regarding claim 14, Murray does not explicitly disclose further including a first handle and a second handle, said first handle and said second handle being proximate said upper end of said body secured proximate said support member, said second handle having a length that is greater than that of said first handle.
Fournier discloses, a first handle (7) and a second handle (5) , said first handle (7) and said second handle (5) being proximate said upper end of said body, said second handle having a length that is greater than that of said first handle.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Murray to incorporate a first handle and a second handle, said first handle and said second handle being proximate said upper end of said body secured proximate said support member, said second handle having a length that is greater than that of said first handle as taught by Fournier for the purpose of allowing the user to carry the storage easily when transporting by shoulder or by hand.
Claim(s) 15-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Murray (US-20030010570) in view of Hall (US-4480810), Crawford (US-20110147428), Taggart (US-5971101), Little (US-4953765) and Fournier (US-6193034).
Regarding claim 15, Murray discloses, A tool organizer configured to be suspendedly mounted to a railing of an elevated work platform (abstract) wherein the tool organizer comprises: a body (12) , said body being planar in manner (Fig. 1), said body being manufactured from a polyester sheet material (para 24. “The base (12) may be […] cut from stock material such […] polymer plastic sheets”), said body having a first side (front side) and a second side (back side), said body having an upper end (upper end adjacent to support 14) and a lower end (lower end further from 14), said body having a first lateral edge (Fig. 1A; left side edge) , said body having a second lateral edge(Fig. 1A; right side edge); a rail support member (14), said rail support member being proximate said upper end of said body (Fig. 1) , said rail support member configured to operably couple to a top rail of the elevated work platform (para 27; “hook (14) is in contact with the scaffold such that the base (12) hangs from the scaffold bar.”), wherein in said deployed position said body extends downward along railings of the elevated work platform.
Murray discloses two support member one on left and one on right (Fig. 1C) wherein a first face of the support member secured to and extending parallel to the body (Fig. 1 E; the support member is secured to the body) but does not explicitly disclose, said rail support member comprising one or more adjustable brackets, each adjustable bracket comprising: a first right angle bracket secured to the body, the first right angle bracket having a first face secured to and extending parallel to the body and a second face extending from the first face perpendicular to said body, and a second right angle bracket adjustably secured to the first right angle bracket, the second right angel bracket having a first face adjustably secured to the second face of the first right angel bracket and a second face extending parallel to the body, and a third face extending parallel to the first face, the third face being smaller than the first face, wherein a distance between the body and the second face of the second right angle bracket is adjustable for each adjustable bracket.
Hall discloses, a tool organizer comprising support member comprising adjustable brackets (See annotated fig. below), adjustable bracket comprising: a first right angle bracket (See annotated fig. below) secured to the body, the first right angle bracket having a first face (See annotated fig. below) secured to and extending parallel to the body and a second face (See annotated fig. below) extending from the first face perpendicular to said body, and a second right angle bracket (See annotated fig. below) adjustably secured to the first right angle bracket, the second right angel bracket having a first face (See annotated fig. below) adjustably secured to the second face of the first right angel bracket and a second face (See annotated fig. below) extending parallel to the body, and a third face extending parallel to the first face, the third face being smaller than the first face, wherein a distance between the body and the second face of the second right angle bracket is adjustable for each adjustable bracket (Fig. 2; col. 4; lines 19-28).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Murray to replace the support member/hook with support member comprising one or more adjustable brackets, each adjustable bracket comprising: a first right angle bracket secured to the body, the first right angle bracket having a first face secured to and extending parallel to the body and a second face extending from the first face perpendicular to said body, and a second right angle bracket adjustably secured to the first right angle bracket, the second right angel bracket having a first face adjustably secured to the second face of the first right angel bracket and a second face extending parallel to the body, and a third face extending parallel to the first face, the third face being smaller than the first face, wherein a distance between the body and the second face of the second right angle bracket is adjustable for each adjustable bracket as taught by Hall since this would allow for attaching to different size and varieties of pole, and support (Col. 2; lines 33-35).
Murray discloses attachment apparatus 16 to the lower side of the holder on the second side to attach to a scaffold, lower securing apparatus 16 being proximate said lower end of said body, said lower securing strap operably to secure said body to a rail of the elevated work platform (Para 28) but does not explicitly disclose a lower securing strap, said lower securing strap being secured to said second side of said body, said lower securing strap being proximate said lower end of said body, said lower securing strap operably to secure said body to a lower rail of the elevated work platform.
Crawford discloses, a tool storage straps 302 that are utilized to mount to a horizontal bar (para 24, 25).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified apparatus 16 of Murray with straps as taught by Crawford as this would allow for the bag to be installed on different sizes of horizontal bar.
As a result of the modification, Murray as modified would have a lower securing strap, said lower securing strap being secured to said second side of said body, said lower securing strap being proximate said lower end of said body.
The limitation “lower securing strap operably to secure said body to a lower rail of the elevated work platform.” is considered to be intended use. Examiner asserts that the recitation of intended use or purpose of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use or fulfilling said purpose, then it meets the claim.
Murray does not explicitly disclose, D ring attachment, said D-ring attachment being secured to said first side of said body, said D-ring attachment being proximate a midpoint of said body.
Taggart discloses a tool storage comprising a body including D ring attachment (62), said D-ring attachment being proximate a midpoint of said body.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Murray to incorporate D ring attachment, aid D-ring attachment being proximate a midpoint of said body as taught by Taggart for the purpose of having tools (Col. 5; lines 42-47).
With regards to the limitation “a plurality of D-ring attachments, said plurality of D-ring attachments being axially aligned horizontally across said body.” While Murray does not disclose this limitation, Little discloses the use of a plurality of ring attachments (130, 132), said plurality of ring attachments being axially aligned horizontally across said body.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Murray to have plurality of ring, plurality of ring attachments being axially aligned horizontally across said body as taught by Little for the purpose of hanging multiple items.
As a result of the modification, Murray as modified would have a plurality of D-ring attachments, said plurality of D-ring attachments being proximate a midpoint of said body, said plurality of D-ring attachments being axially aligned horizontally across said body.
However, Murray does not disclose, a plurality of storage members, said plurality of storage members being secured to said first side of said body.
Fournier discloses a plurality of storage members (18, and 19), said plurality of storage members being secured to said first side of said body.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Murray to incorporate a plurality of storage members said plurality of storage members being secured to said first side of said body as taught by Fourier for the purpose of having additional storage space within the interior of the storage base.
With regards to the limitation “body being foldably movable between a stored position wherein the upper end and the lower end are proximate to each other and a deployed position wherein the upper end and the lower end are distal to each other” Murray does not appear to disclose this limitation.
Fournier discloses, an organizer comprising a foldable body movable between a stored position wherein the upper end and the lower end are proximate to each other (Fig. 1) and a deployed position wherein the upper end and the lower end are distal to each other (Fig.3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Murray to have body being foldably movable between a stored position wherein the upper end and the lower end are proximate to each other and a deployed position wherein the upper end and the lower end are distal to each other as taught by Fournier for the purpose of keeping the tools clean when not in use by closing the storage.
The preamble recites “A tool organizer configured to be suspendedly mounted to a railing of an elevated work platform so as to position tools and objects towards the interior of the elevated work” is considered to be intended use. If the body of a claim fully and intrinsically sets forth all of the limitations of the claimed invention, and the preamble merely states, for example, the purpose or intended use of the invention, rather than any distinct definition of any of the claimed invention’s limitations, then the preamble is not considered a limitation and is of no significance to claim construction See MPEP 2111.02 ("where a patentee defines a structurally complete invention in the claim body and uses the preamble only to state a purpose or intended use for the invention, the preamble is not a claim limitation"). See MPEP § 2111.02(II).
The limitation “said plurality of D-ring attachments configured to releasably secure an elongated object;” and “said plurality of storage members configured to receive an retain an object therein” is considered to be intended use. Examiner asserts that the recitation of intended use or purpose of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use or fulfilling said purpose, then it meets the claim. Herein, the D rings of Murray as modified is capable of releasably secure an elongated object and the storage pockets are capable of receive and retain an object therein.
Regarding claim 16, Murray does not explicitly disclose, a plurality of securing sleeves, said plurality of securing sleeves secured to said first side of said body, said plurality of securing sleeves configured to releasably secure objects against said first side of said body.
Fournier discloses a plurality of securing sleeves (Fig. 3; 17, and 20), said plurality of securing sleeves secured to said first side of said body.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Murray to incorporate a plurality of securing sleeves, said plurality of securing sleeves secured to said first side of said body as taught by Fournier for the purpose of having additional storage space to store articles.
The limitation “plurality of securing sleeves configured to releasably secure objects against said first side of said body.” is considered to be intended use. Examiner asserts that the recitation of intended use or purpose of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use or fulfilling said purpose, then it meets the claim. Herein, the sleeves are capable of releasably secure objects against said first side of said body just as the present invention.
Regarding claim 17, Murray does not explicitly disclose, a plurality of retention pockets, said plurality of retention pockets being secured to said first side of said body, said plurality of retention pockets being proximate said first lateral edge and said upper end of said body, said plurality of retention pockets configured to receive and retain objects therein.
Fournier discloses a plurality of retention pockets (15, and 16), said plurality of retention pockets being secured to said first side (front side) of said body (Fig. 3), said plurality of retention pockets being proximate said first lateral edge (left side) and said upper end of said body.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Murray to incorporate a plurality of retention pockets said plurality of retention pockets being secured to said first side of said body, said plurality of retention pockets being proximate said first lateral edge and said upper end of said body as taught by Fournier for the purpose of having additional storage space to store articles.
The limitation “said plurality of retention pockets configured to receive and retain objects therein.” is considered to be intended use. Examiner asserts that the recitation of intended use or purpose of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use or fulfilling said purpose, then it meets the claim. Herein, the pockets are capable of receive and retain objects therein.
Regarding claim 18, Murray does not explicitly disclose, an exterior pocket said exterior pocket being secured to said body, said exterior pocket being accessible when said body is in said stored position.
Fournier discloses a storage bag comprising stored position (Fig. 1) wherein exterior has an exterior pocket (10) said exterior pocket being secured to said body, said exterior pocket being accessible when said body is in said stored position (Fig. 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Murray to have an exterior pocket said exterior pocket being secured to said body, said exterior pocket being accessible when said body is in said stored position as taught by Fournier for the purpose of allowing user to quickly access a desired article even when the storage is closed without opening the entire system.
Regarding claim 19, Murray does not explicitly disclose, a fastener, said fastener being present along said first lateral edge and said second lateral edge, said fastener operable to facilitate maintaining said body in said stored position.
Fournier discloses, a fastener (14) , said fastener being present along said first lateral edge (Fig. 3; left side) and said second lateral edge (Fig.3; right side) , said fastener operable to facilitate maintaining said body in said stored position.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Murray to incorporate a fastener, said fastener being present along said first lateral edge and said second lateral edge, said fastener operable to facilitate maintaining said body in said stored position as taught by Fournier for the purpose of keeping the tools within the storage area and preventing it from getting dirty when stored while also preventing unauthorized access to the tools.
Claim 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Murray-Hall-Crawford- Taggart -Little-Fournier as applied to claim 19 in view of Mackenzie (US 6250470).
Regarding claim 20, Murray as modified does not explicitly discloses a bottom pocket, said bottom pocket having a flap covering an opening thereof, said bottom pocket being secured to said first side of said body proximate said lower end.
Mackenzie is in the field of endeavor and discloses a bottom pocket (14a), said bottom pocket having a flap covering an opening thereof (Fig.1,2), said bottom pocket being secured to said first side of said body proximate said lower end (Fig.1,2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Murray as modified to incorporate a bottom pocket, said bottom pocket having a flap covering an opening thereof, said bottom pocket being secured to said first side of said body proximate said lower end as taught by Mackenzie for the purpose of holding equipment (Col.3, line 19,20).
Response to Arguments
Applicant' s arguments/amendments , filed 12/08/2025, with respect to the drawing and specification objections and 112(b) rejections have been fully considered and are persuasive. Therefore, these objections/rejections are withdrawn.
Applicants argument with regards to Murray failing to disclose “body is foldable between a stored position wherein the upper end and the lower end of the body are proximate to each other and a deployed position wherein the upper end and the lower end of the body are distal to each other.” is not persuasive as these limitation are disclosed by prior art of Fournier.
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.
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/SANJIDUL ISLAM/ Examiner, Art Unit 3736
/CHUN HOI CHEUNG/ Primary Examiner, Art Unit 3736