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 .
Response to Amendment
The amendment filed 02/10/2026 (hereafter “the amendment”) has been accepted and entered.
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.
Claim(s) 1,10-13,15 and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ben-Gigi (US9725209B1).
Regarding claim 1, Ben-Gigi teaches a storage box comprising (fig.1, 2A shows tool box assembly 10):
a first connection part disposed on one area of said storage box (fig.1-3 first connection is formed where latch 26 arranged to slide along sidewall 18); connectable to
a second connection part another storage box (fig.1-3 lip 24 is the second connection part of the first box 12);
wherein, said first connection part comprises a mounting body (fig.1-3 shows the latch 26 with a body 31), a locking buckle movable with respect to said mounting body (fig.4C shows catch edge 30 movable with respect to body 31), and a first resilient member located between said mounting part body and said locking buckle (fig.4A-4C first biasing device 34 located between the body 31 and edge 30), wherein said first resilient member keeping said locking part buckle automatically in a locked state (fig.4C shows it locked state);
wherein, said second connection part of the other storage box comprises a mating part interlockable with the locking buckle (fig.1-3 lip 24 of the first tool box 12 engages the catch edge 30),
wherein the locking buckle is configured to slide inward with respect to the mounting part so that it-the locking buckle is automatically locked lockable with the mating part of the other storage box by action of said first resilient member when the locking buckle is aligned with the mating part of the other storage box (fig.4C the edge 30 is capable of sliding inwards with respect to the mounting part and lock with the lip 24 with the help of device 34);
a locking part cooperating with the locking buckle, wherein manual movement of the locking part causes the locking buckle to move to an unlocked state (fig.4A-4C catch 28 cooperating with the edge 30 to move from locking to unlocking position); and
a stop part configured to move relative to the locking part, wherein when the stop part projects outward with respect to a locking path of the locking part (fig.4A-4C shows pivot 32 that projects outward with respect to a locking patch of catch 28 which is capable of moving relative to the locking part 28 as it is made from plastic and can be biased i.e. move “Catch 28 is biased by a second biasing device 36 (such as, without limitation, a leaf spring, which may be molded or otherwise formed from the same plastic as the rest of latch 26) configured to provide an urging force to urge the catch edge 30 towards side wall 18.”-Col.3 lines 15-20 and since that piece is molded as once piece including 32 would be made from the same material and share properties), said locking part is not automatically lockable and said first connection part is in a state of remaining unlocked from said second connection part (fig.4A-4C catch 28 is not automatically locked).
Regarding claim 10, the references as applied to claim 1 above discloses all the limitations substantially claimed. Ben-Gigi further teaches wherein said locking part is a sliding latch for horizontal movement (fig.4A shows catch 28 is a sliding latch horizontal movement).
Regarding claim 11, the references as applied to claim 1 above discloses all the limitations substantially claimed. Ben-Gigi further teaches wherein said first connection part is provided on one of a lid of said storage box or a bottom of said another storage box (fig.2A-3 shows first connection where the latch 26 is connection to the side wall 18 and fig.2B shows where the other part of the latch 26 is connected to lip 24 and vice versa).
Regarding claim 12, the references as applied to claim 1 above discloses all the limitations substantially claimed. Ben-Gigi further teaches wherein two adjacent storage boxes are interlockable with each other by means of the first connection part and the second connection part of the other storage box (figs. 2A-3 shows the adjected boxes interlockable with each other by first and second connection).
Regarding claim 13, the references as applied to claim 1 above discloses all the limitations substantially claimed. Ben-Gigi further teaches a second resilient member (fig.4A-C show two coils 34 in which one of them is the first and one of them is the second) and wherein the locking part comprises of a slot (fig.4A-C the coils 34 are inserted into slot) wherein the stop part biased outward from the slot by the second resilient member (fig.4A-4C pivot 32 is biased outward from that slot by the coils 34)
Regarding claim 15, the references as applied to claim 1 above discloses all the limitations substantially claimed. Ben-Gigi further teaches wherein the stop part moved outward relative to the locking part (fig.4A-4C pivot 32 will move outward relative to the catch 28 when 28 is pushed to unhook 30)
Regarding claim 20, Ben-Gigi teaches a storage box comprising (fig.1 2A shows tool bx assembly 10):
a first connection part disposed on one area of said storage box(fig.1-3 first connection is formed where latch 26 arranged to slide along side wall 18), wherein the first connection part comprises a mounting body(fig.1-3 shows the latch 26 with a body 31), a locking buckle movable with respect to the mounting body (fig.4C shows catch edge 30 movable with respect to body 31), and a first resilient member located between the mounting body and the locking buckle to bias the locking buckle automatically outward in a locked state(fig.4A-4C first biasing device 34 located between the body 31 and edge 30 and shows in the locked state);
a locking part configured to move along a horizontal locking path and to cooperate with the locking buckle, wherein manual movement of the locking part along the horizontal locking path causes the locking buckle to move between an unlocked state retracted with respect to the mounting body and a locked state extended with respect to the mounting body (fig.4A-4C catch 28 cooperating with the edge 30 to move from locking to unlocking position);
a stop part combined to the locking part comprising an unlocked state corresponding to the unlocked state of the locking buckle with the stop part extended from the locking part and the locking buckle held retracted with respect to the mounting body (fig.4A-4C shows pivot 32 that projects outward with respect to a locking patch of catch 28), and a locked state corresponding to the locked state of the locking buckle with the stop part retracted with respect to the locking part and the locking buckle held extended with respect to the mounting body(fig.4C shows the locked stated and the unlocked stated when edge 30 is retracted); and
a second connection part disposed on another area of said storage box, wherein the second connection part comprises a mating part that corresponds to the locking buckle (fig.1-3 lip 24 is the second connection part of the first box 12)
wherein the stop part is configured to move relative to the locking part (fig.4A-4C shows pivot 32 that projects outward with respect to a locking patch of catch 28 which is capable of moving relative to the locking part 28 as it is made from plastic and can be biased i.e. move “Catch 28 is biased by a second biasing device 36 (such as, without limitation, a leaf spring, which may be molded or otherwise formed from the same plastic as the rest of latch 26).
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) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over references as applied to claim 13 above and further in view of Burchia (US20180220758A1).
Regarding claim 17, the references as applied to claim 13 above discloses all the limitations substantially claimed. Ben-Gigi does teach wherein the second resilient member is a spring and the stop part rotates relative to the locking part (fig.4A-C show the coil 34 is a spring and the pivot 32 rotates relative to the catch 28).
Ben-Gigi does not teach wherein the spring is a torsion spring.
Burchia does teach wherein the spring is a torsion spring (fig.3 shows spring 31a that can be a torsion spring). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the spring disclosed by Ben-Gigi by adding the teaching of torsion spring as disclosed by Burchia in order to provide precise control on the torque being provided by the spring which provides between adjustability to the spring. “In order to be able to displace the locking element under spring stress, a spring element, for example, or another force storage unit is provided. A pressure spring can be used. Also, elastomer springs, leaf springs, helical springs or springs of a general nature can be used. Likewise, torsion springs or plate springs can be used.”- (0016, Burchia)
Double Patenting
Claims 1-7,10-15,17, 20-21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-13 and 15 of U.S. Patent No. 11,986,946. Although the claims at issue are not identical, they are not patentably distinct from each other because:
Regarding claim 1, App. No. ‘200 (claim 1) discloses the claimed subject matter. The stop part is capable of being moving relative to the locking part is not positively claimed.
Regarding claim 2, App. No. ‘200 (claim 1) discloses the claimed subject matter.
Regarding claim 3, App. No. ‘200 (claim 2) discloses the claimed subject matter.
Regarding claim 4, App. No. ‘200 (claim 3) discloses the claimed subject matter.
Regarding claim 5, App. No. ‘200 (claim 4) discloses the claimed subject matter.
Regarding claim 6, App. No. ‘200 (claim 5) discloses the claimed subject matter.
Regarding claim 7, App. No. ‘200 (claim 6) discloses the claimed subject matter.
Regarding claim 10, App. No. ‘200 (claim 7) discloses the claimed subject matter.
Regarding claim 11, App. No. ‘200 (claim 8) discloses the claimed subject matter.
Regarding claim 12, App. No. ‘200 (claim 9) discloses the claimed subject matter.
Regarding claim 13, App. No. ‘200 (claim 10) discloses the claimed subject matter.
Regarding claim 14, App. No. ‘200 (claim 11) discloses the claimed subject matter.
Regarding claim 15, App. No. ‘200 (claim 12) discloses the claimed subject matter.
Regarding claim 17, App. No. ‘200 (claim 13) discloses the claimed subject matter.
Regarding claim 20, App. No. ‘200 (claim 15) discloses the claimed subject matter. The stop part is capable of being moving relative to the locking part is not positively claimed.
Regarding claim 21, App. No. ‘200 (claim 15) discloses the claimed subject matter.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Allowable Subject Matter
Claims 2-7,14 and 21 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 filed 02/10/2026 have been fully considered but they are not persuasive. Applicant’s new amendments did not change the scope of the claim as the limitation “stop part is configured to move relative to the locking part” is not positively claimed, it is a capable of limitation and the prior art is capable of performing that function. The Ben-Gigi pivot 32 is formed of a plastic that make its capable of moving relative to the catch 28 i.e. flex no matter how small the flexing of that part maybe. Figure 4A-4C shows pivot 32 that projects outward with respect to a catch 28 which is capable of moving relative to the catch 28 as it is made from plastic and can be biased i.e. move. Ben-Gigi states “Catch 28 is biased by a second biasing device 36 (such as, without limitation, a leaf spring, which may be molded or otherwise formed from the same plastic as the rest of latch 26) configured to provide an urging force to urge the catch edge 30 towards side wall 18.”-Col.3 lines 15-20 and since that piece is molded as once piece including 32 would be made from the same material and share properties. Once again applicant does not positively recite that limitation due to stating “configured to”. In response to applicant's argument that “stop part is configured to move relative to the locking part”, a recitation of the intended use 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, then it meets the claim. If the prior art structure is capable of performing the intended use, then it meets the claim. Ex parte Masham, 2 USPQ2d 1647 (1987). Furthermore, applicant argues that the pivot 32 cannot move as recited in the claim and shows annotated figures 4A-4C however claim does not positively claim how it moves even a little flex of the pivot 32 would read on the new limitation. Regarding Double Patenting rejection, applicant states they filed a terminal disclaimer however no TD was found in the response so the rejection stands.
Conclusion
THIS ACTION IS MADE FINAL. 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 PRINCE PAL whose telephone number is (571)272-7525. The examiner can normally be reached M-Th, 9:30 AM - 7:30 PM (EST).
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/PRINCE PAL/Examiner, Art Unit 3735
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