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 .
Terminal Disclaimer
The terminal disclaimer filed on 1/5/26 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of Application No. 63600039 has been reviewed and is accepted. The terminal disclaimer has been recorded.
It is noted U.S. Patent No. 9301603 does not claim benefit of Application No. 63600039. Consequently, the inclusion of Application No. 63600039 in the terminal disclaimer filed on 1/5/26 does not thereby disclaim the terminal part of the statutory term of any patent granted on the instant application which would extend beyond the expiration date of the full statutory term of U.S. Patent No. 9301603. Hence, the claims of U.S. Patent No. 9301603 still supply a basis for rejecting claims 8-15 of the instant application on the ground of nonstatutory obviousness-type double patenting, as set forth below.
Double Patenting
Claims 8-15 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over the claims of U.S. Patent No. 9301603. Although the conflicting claims are not identical, they are not patentably distinct from each other because the claims of both U.S. Patent No. 9301603 and the instant application teach a front wall, a back wall, folding sidewalls, a top wall member, and a back wall member. Thus, the invention of the claims in U.S. Patent No. 9301603 is in effect a species of the generic invention of claims 8-15. It has been held that the generic invention is anticipated by the species, see In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed Cir. 1993). Since claims 8-15 are anticipated (fully encompassed) by the claims of U.S. Patent No. 9301603, they are not patentably distinct there from, regardless of any additional subject matter present in the claims of U.S. Patent No. 9301603.
Claim Rejections - 35 USC § 112
Claims 5 & 12-14 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Regarding claim 5, this claim recites “a plurality of support walls”; but claim 1, from which this claim depends, also recites “a pair of support walls”. It is therefore unclear “a plurality of support walls” in claim 5 refers to the same component(s) as, or different component(s) than, “a pair of support walls” in claim 1. Clarification is required. For examination purposes, the examiner is considering “a plurality of support walls” in claim 5 to refer to the same component(s) as “a pair of support walls” in claim 1.
Regarding claim 12, the term “the one or more openings in one or more of the lips” lacks antecedent basis in the claim.
Claims 13-14 are indefinite due to dependence upon an indefinite base claim.
Double Patenting
Claims 8-15 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over the claims of U.S. Patent No. 9301603. Although the conflicting claims are not identical, they are not patentably distinct from each other because the claims of both U.S. Patent No. 9301603 and the instant application teach a front wall, a back wall, folding sidewalls, a top wall member, and a back wall member. Thus, the invention of the claims in U.S. Patent No. 9301603 is in effect a species of the generic invention of claims 8-15. It has been held that the generic invention is anticipated by the species, see In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed Cir. 1993). Since claims 8-15 are anticipated (fully encompassed) by the claims of U.S. Patent No. 9301603, they are not patentably distinct there from, regardless of any additional subject matter present in the claims of U.S. Patent No. 9301603.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-7 are rejected under 35 U.S.C. 103 as being unpatentable over Koehn (20160100684) in view of Collins (20080265728) & Neufeld (3623784).
Regarding claim 1, Koehn teaches the structure substantially as claimed, including collapsible storage cabinet (100) comprising: a front wall (102); an opposing back wall (104); a pair of folding sidewalls (106) extending between and coupling the front wall and back wall (Fig. 7), wherein the front wall, the back wall, and the pair of sidewalls cooperate to define a top opening (Fig. 7); a top wall (132) removably secured (implied by Fig. 8 & par. 36) to one or more of a top edge of the front wall, a top edge of the back wall, and top edges of the pair of sidewalls (Figs. 7-9), the top wall having: an upper portion (136) having a flat surface, wherein the upper portion covers at least a portion of the top opening (Figs. 8-9); a first pair of parallel and opposed downwardly depending flanges (142) oriented perpendicular (Fig. 6 & par. 33) to the upper portion of the top wall and which extend within the top opening (Fig. 8), wherein the first pair of flanges extends adjacent an interior surface of one of the pair of folding sidewalls (implied by Figs. 7-9), and wherein the first pair of flanges extending within the top opening prevent the sidewalls from folding (par. 38); and a bottom wall (134) positioned opposite the top wall and removably secured (implied by Fig. 8 & par. 36) to one or more of a bottom edge of the front wall, a bottom edge of the back wall, and bottom edges of the pair of sidewalls (Figs. 7-9 & par. 38), wherein the bottom wall includes a planar body (136) and a pair of support walls (138) extending perpendicular to the planar body (Fig. 6 & par. 33), wherein each support wall has a lip (144) oriented parallel to the planar body (Figs. 6 & 8 and par. 33 & 38), and wherein a portion of the bottom wall is recessed within a bottom opening defined by the front wall, the back wall, and the pair of sidewalls (implied by Fig. 8 & par. 38), and wherein the portion of the bottom wall that is recessed within the bottom opening prevents the sidewalls from folding (par. 38), and wherein bottom wall member (134) is removably coupleable to the front, back, & side walls by connecting means (146, 148, 152). Koehn fail(s) to teach side walls on a top wall; or openings on a bottom wall.
However, Collins teaches the inclusion, on a top wall (13), of one or more side walls (70-73) oriented perpendicular to an upper portion (i.e., horizontal portion of 13) of the top wall and which extend outside (Fig. 3) a top opening (i.e., space between upper edges of 14-16 & 94-95). It would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to add side walls, as taught by Collins, to the top wall of Koehn, with a reasonable expectation of success, in order to provide the cabinet with both structural reinforcement and a cleaner, more finished appearance.
Additionally, Neufeld teaches connecting means (42, 44, 64) comprising openings (42, 64) defined in support walls (30, 54) of a wall member (14) corresponding to openings (42, 64) in a back wall (16) and sidewalls (12). It would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to substitute connecting means, as taught by Neufeld, for the connecting means of Koehn, with a reasonable expectation of success, in order to removably connect the bottom wall to the collapsible subassembly, and because such an outcome would have been a predictable result of such a substitution of one known connecting means for another. Hence, Koehn as modified would teach support walls (138 of Koehn) defining one or more openings (42, 64 of Neufeld) corresponding to openings (42, 64 of Neufeld) in the front wall (102 of Koehn) and the back wall (104 of Koehn).
Regarding claim 2, Koehn teaches a bottom wall (134) that further includes one or more lips (140, 144), wherein the front wall (102), the back wall (104) and the sidewalls (106) cooperate to define a collapsible subassembly (101), and wherein a lower end of the collapsible subassembly rests on the one or more lips of the bottom wall (implied by Fig. 8 & par. 38).
Regarding claim 3, Koehn teaches a first pair of flanges (142) that are fastened (via 144, 146, 148, & 152 - see Fig. 8) to an interior of the pair of folding sidewalls (106).
Regarding claim 4, Koehn teaches a top wall (132) that further comprises a second pair of parallel and opposed downwardly depending flanges (138) oriented generally perpendicular (Fig. 6 & par. 33) to the upper portion (136) of the top wall and which extend within the top opening (Fig. 8), wherein the second pair of flanges is positioned adjacent (Fig. 8) to the front wall (102) and the back wall (104).
Regarding claim 5, Koehn teaches a portion (i.e., joints between 136, 138, & 140) of the bottom wall (134) is supported by a plurality of support walls (138) that are parallel (Figs. 7-8 & par. 38) to the front wall (102) and the back wall (104).
Regarding claim 6, Koehn teaches a pair of folding sidewalls (106) that each comprise a plurality of panels (110) connected together by one or more hinges (par. 26 & cl. 6).
Regarding claim 7, Koehn teaches one or more flanges (138 & 142) that have one or more openings (146) that correspond (Figs. 7-8 & par. 33) to openings (148) in one or more of the front wall (102), the back wall (104), and the sidewalls (106) of the collapsible storage cabinet, and wherein the one or more flanges are adjacent to, but do not contact, each other (see Fig. 6, par. 33, & cl. 9).
Claims 8-15 are rejected under 35 U.S.C. 103 as being unpatentable over Koehn (20160100684) in view of Neufeld (3623784).
Regarding claim 8, Koehn teaches the structure substantially as claimed, including collapsible storage cabinet (100) comprising: a collapsible subassembly (101) having a front wall (102), an opposing back wall (104), and a pair of folding sidewalls (106) extending between and coupling the front wall and back wall, wherein the front wall, the back wall, and the pair of sidewalls define a top opening there between and a bottom opening there between (Fig. 7); a top wall member (132) removably coupleable (implied by Fig. 8 & par. 36, which characterizes fasteners (152) as removable) to the collapsible subassembly having: a planar body (136); and a plurality of flanges (138, 142) oriented generally perpendicular to the planar body of the top wall member (par. 33 & Fig. 6), each of the plurality of flanges extending into the top opening of the collapsible subassembly (Fig. 8); a bottom wall member (134) removably coupleable (implied by Fig. 8 & par. 36) to the collapsible subassembly having: a planar body (136); and a first plurality of support walls (138) oriented perpendicular to the planar body of the bottom wall member, wherein each of the first plurality of support walls transitions to a lip (140) oriented parallel to the planar body (Fig. 8 & par. 33); wherein the planar body of the bottom wall member is positioned intermediate and recessed above bottom edges of the front wall, the back wall, and the pair of sidewalls of the collapsible assembly (implied by Fig. 8 & par. 38), and wherein the first plurality of support walls and lips prevent the sidewalls from folding (par. 33 & 38), and wherein bottom wall member (134) is removably coupleable to the collapsible subassembly (101) by connecting means (146, 148, 152). Koehn fail(s) to teach openings in support walls. However, Neufeld teaches connecting means (42, 44, 64) comprising openings (42, 64) defined in support walls (30, 54) of a wall member (14) corresponding to openings (42, 64) in a back wall (16) and sidewalls (12). It would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to substitute connecting means, as taught by Neufeld, for the connecting means of Koehn, with a reasonable expectation of success, in order to removably connect the bottom wall to the collapsible subassembly, and because such an outcome would have been a predictable result of such a substitution of one known connecting means for another. Hence, Koehn as modified would teach a first plurality of support walls (138 of Koehn) defining one or more openings (42, 64 of Neufeld) corresponding to openings (42, 64 of Neufeld) in one or more of the front wall (102 of Koehn) and the back wall (104 of Koehn), and the sidewalls.
Regarding claim 9, Koehn teaches a bottom wall member (134) that further comprises a second plurality of support walls (142) extending from the lip (140) of each of the first plurality of support walls (138) and oriented perpendicular to the generally planar body (136) of the bottom wall member (par. 33 & Fig. 6).
Regarding claim 10, Koehn teaches a top wall member (132) having a plurality of flanges (138, 142) each having one or more openings (146) that correspond (Figs. 5 & 7 and par. 33) to openings (148) in one or more of the front wall (102), the back wall (104), and the sidewalls (106) of the collapsible storage cabinet.
Regarding claim 11, Koehn teaches a top wall member (132) having a plurality of flanges (138, 142) that are each adjacent to, but do not contact, each other (see Fig. 6, par. 33, & cl. 9).
Regarding claim 12, Koehn teaches a top wall member (132) comprising one or more openings (146) in one or more of lips (140 or 144) that correspond (Figs. 5 & 7 and par. 33) to openings (148) in one or more of the front wall (102), the back wall (104), and the sidewalls (106) of the collapsible storage cabinet.
Regarding claim 13, Koehn teaches one or more openings (146) in one or more of the lips (140) that correspond (Figs. 5 & 7 and par. 33) to openings (148) in the front wall (102) and the back wall (104) of the collapsible storage cabinet and comprise two openings (Fig. 6).
Regarding claim 14, Koehn teaches one or more openings (146) in one or more of the lips (144) that correspond (Figs. 5 & 7 and par. 33) to the openings (148) of the sidewalls (106) and comprise three openings (see Fig. 6, showing four openings on the lips (144)).
Regarding claim 15, Koehn teaches sidewalls (106) of a collapsible storage cabinet positioned between, and adjacent to (Figs. 7-9), at least one (142 on 134) of a plurality of cover walls (142 on 134) and at least one (142 on 132) of the plurality of flanges (138, 142 on 132).
Allowable Subject Matter
Claims 16-20 are allowed.
Response to Arguments
Applicant's arguments filed 1/5/26 have been fully considered but they are not persuasive. Said arguments have been addressed in the prior art rejection above.
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 MATTHEW ING whose telephone number is (571)272-6536. The examiner can normally be reached M-F 8:30 a.m. - 5 p.m.. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Daniel Troy can be reached at (571) 270-3742. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
/MATTHEW W ING/Primary Examiner, Art Unit 3637