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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 5/17/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Election/Restrictions
Applicant’s election without traverse of Species A (Figs. 1-5) in the reply filed on 11/26/2025 is acknowledged. Claims 6-8 and 16-17 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Applicant should indicate these claims as “Withdrawn” in future claim listings.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, “the first selected opening [being] a first slot having a major axis that extends substantially perpendicular to the first angle, and the second selected opening [being] a second slot having a major access that extends substantially perpendicular to the second angle” (claim 18) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. See the Section 112(a) rejection below for more discussion.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112(a)
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 18 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding claim 18, the disclosure fails to describe “wherein the first selected opening is a first slot having a major axis that extends substantially perpendicular to the first angle, and the second selected opening is a second slot having a major access that extends substantially perpendicular to the second angle”. From the disclosure, it appears that the major axes of the slots align with the first and second angles, and therefore would not be perpendicular as claimed.
Claim Rejections - 35 USC § 112(b)
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 12-15 and 18-20 is 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.
Regarding claim 12, “the external structure” lacks antecedent basis.
Regarding claim 18, it should read “manipulating the securing member” to properly reference the previous recitation of this element.
Regarding claim 18, it should read “having a major axis that extends”.
Claims 13-15 and 19-20 depend from the above claim(s) and are rejected for the above reason as they do not cure the deficiency.
Claim Rejections - 35 USC § 102
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) 1-4, 9-15 and 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent 10,625,685 to Gruener.
Regarding claim 1, Gruener discloses a storage container, comprising: a tensioner (30) having a proximal end portion and a distal end portion, the proximal end portion having a securing member (32); and a portable storage unit (10) having a first opening (opening closed with cover 18) and a second opening (hole 17 in 14 receiving strap 30), the first opening being configured to receive items to be removably stored in the portable storage unit, the second opening being configured to receive the tensioner with the securing member disposed inside the portable storage unit (Fig. 2), wherein the distal end portion of the tensioner is configured to secure the portable storage unit to an external structure (strap 30 is capable of securing to an external structure as claimed, 22 for example), wherein the securing member is configured to prevent the proximal end portion of the tensioner from being pulled out of the portable storage unit through the second opening (Figs. 2-4), whereby the securing member being disposed inside the portable storage unit facilitates securing the portable storage unit closer to the structure than the portable storage unit would be disposed if the tensioner had an external tension adjuster disposed outside the portable storage unit and between the portable storage unit and the structure (Fig. 3 – the configuration is capable of being tighter than if room is left to for the ratchet to be located between the storage unit and the tire).
Regarding claim 2, Gruener discloses wherein the securing member includes a tension adjuster (ratchet – Col. 6, lines 10-12), and the tension adjuster is configured to adjust the tension applied to the portable storage unit and the structure by the tensioner, whereby the tension adjuster being disposed inside the portable storage unit facilitates securing the portable storage unit closer to the structure than the portable storage unit would be disposed if the tension adjuster were disposed outside the portable storage unit and between the portable storage unit and the structure (Fig. 3 – the configuration is capable of being tighter than if room is left to for the ratchet to be located between the storage unit and the tire).
Regarding claim 3, Gruener discloses wherein the storage unit has an anchor (base 14) that defines the second opening (Fig. 2).
Regarding claim 4, Gruener discloses wherein the storage unit has a rigid or semi-rigid anchor (14) that defines a plurality of openings (17) that are each disposed at different heights relative to the anchor (Fig. 2) and that are configured to receive the tensioner with the securing member disposed inside the portable storage unit (Fig. 2), whereby the plurality of openings defined by the anchor facilitate adjusting the height of the portable storage unit relative to the structure by selecting which opening in the plurality of openings receives the tensioner while enabling the portable storage unit to be disposed the same distance from the structure with the same tension applied to the portable storage unit and the structure by the tensioner regardless of which opening in the plurality of openings receives the tensioner (Gruner’s configuration is capable of this intended use).
Regarding claim 9, Gruener discloses wherein the storage unit has a rigid or semi-rigid anchor (14) that defines a plurality of openings (17) that includes the second opening, wherein two or more openings in the plurality of openings are slots (17b – Fig. 4) disposed at different angles relative to a central axis of the anchor to facilitate the tensioner securing the storage unit to the structure while the tensioner is disposed at different angles when received through a different selected one of the two or more openings (Fig. 2 – the slots are capable of this function).
Regarding claim 10, Gruener discloses wherein the external structure is another storage container (the tensioner is capable of attachment to another storage container – the external structure is not positively claimed (see claim 1)).
Regarding claim 11, Gruener discloses wherein the other storage container is coupled to a vehicle or fixed object rigidly coupled to the vehicle (the tensioner is capable of attachment to a storage container that is coupled to a vehicle or fixed object rigidly coupled to the vehicle – the external structure is not positively claimed (see claim 1)).
Regarding claim 12, Gruener discloses a method of securing a storage container, comprising: providing a storage container that includes: a tensioner (30) having a proximal end portion and a distal end portion, the proximal end portion having a securing member (32); and a portable storage unit (10) having a first opening (opening closed with cover 18) and a second opening (17), the first opening being configured to receive items to be removably stored in the portable storage unit, inserting the tensioner through the second opening of the portable storage unit (Fig. 2); coupling the distal end portion of the tensioner to the external structure (Fig. 2 – via the loop in strap 30 around the wheel rim portion 22); while the securing member is disposed inside the portable storage unit and the tensioner extends through the second opening of the portable storage unit, manipulating the securing member to prevent the distal end portion of the tensioner from being pulled out of the portable storage unit through the second opening (connecting and tightening the ratchet buckle 32 – Fig. 2), whereby manipulating the securing member while the securing member is disposed inside the portable storage unit facilitates securing the portable storage unit closer to the structure than the portable storage unit would be disposed if the tension adjuster had an external tension adjuster disposed outside the portable storage unit and between the portable storage unit and the structure (Fig. 3 – the configuration is tighter than if room is left to for the ratchet to be located between the storage unit and the tire).
Regarding claim 13, Gruener discloses wherein the securing member includes a tension adjuster (ratchet – Col. 6, lines 10-12), the tension adjuster is configured to adjust the tension applied to the portable storage unit and the structure by the tensioner, and manipulating the securing member includes manipulating the tension adjuster to adjust the tension applied to the portable storage unit and the structure by the tensioner, whereby manipulating the tension adjuster while the tension adjuster is disposed inside the portable storage unit facilitates securing the portable storage unit closer to the structure than the portable storage unit would be disposed if the tension adjuster were disposed outside the portable storage unit and between the portable storage unit and the structure (Fig. 3 – the configuration is tighter than if room is left to for the ratchet to be located between the storage unit and the tire).
Regarding claim 14, Gruener discloses wherein the storage unit has a rigid or semi-rigid anchor (14), and inserting the tensioner through the second opening includes inserting the tensioner through the anchor (Fig. 2).
Regarding claim 15, Gruener discloses wherein the storage unit has a rigid or semi-rigid anchor (14) that defines a plurality of openings (17) that are configured to receive the tensioner with the securing member disposed inside the portable storage unit (Fig. 2), the openings in the plurality of openings each being disposed at different respective heights on the anchor (Figs. 2-4), wherein inserting the tensioner through the second opening includes: while the portable storage unit is secured to the structure at a first height relative to the structure with the tensioner disposed in a first selected opening in the plurality of openings that corresponds to the first height, manipulating the securing member to enable the distal end portion of the tensioner to be pulled through the first selected opening in the plurality of openings and out of the portable storage unit; removing the tensioner from the first selected opening in the plurality of openings; selecting a second height of the storage unit relative to the structure, the second height being different than the first height; and inserting the tensioner through a second selected opening in the plurality of openings that corresponds to the second height of the storage unit, the second opening being the second selected opening in the plurality of openings, whereby the openings in the plurality of openings each being disposed at the different respective heights on the rigid anchor facilitates adjusting the height of the portable storage unit relative to the structure while enabling the portable storage unit to be disposed the same distance from the structure with the same tension applied to the portable storage unit and the structure by the tensioner regardless of which opening in the plurality of openings receives the tensioner (Figs. 2-3 – changing the selected hole(s) 17 through normal use; Col. 5, line 25 – Col. 6, line 27).
Regarding claim 18, Gruener discloses wherein the storage unit has a rigid anchor (14) that defines a plurality of openings (17) that includes the second opening, at least a first opening in the plurality of openings and the second opening being slots disposed at different angles relative to a central axis of the rigid anchor (17b top/bottom/left/right), wherein inserting the tensioner through the second opening includes: while the portable storage unit is secured to the structure with the tensioner disposed at a first angle relative to a central axis of the rigid anchor and extending through a first opening in the plurality of openings that corresponds to the first angle, manipulating securing member to enable the distal end portion of the tensioner to be pulled through the first opening in the plurality of openings and out of the portable storage unit; removing the tensioner from the first opening in the plurality of openings; selecting a second angle relative to the central axis of the rigid anchor for the tensioner to be disposed while the portable storage unit is secured to the structure, the second angle being different than the first angle; and inserting the tensioner through a second selected opening in the plurality of openings that corresponds to the second angle, the second opening being the second selected opening in the plurality of openings, wherein the first selected opening is a first slot having a major axis that extends substantially perpendicular to the first angle (through-hole axis of slot is perpendicular to the wide dimension axis of the slot (wide dimension axis is either the curved axis along the slot or the linear axis through the center of the curve of the slot)), and the second selected opening is a second slot having a major axis that extends substantially perpendicular to the second angle (through-axis of the slot is perpendicular to the wide dimension axis of the slot (wide dimension axis is either the curved axis along the slot or the linear axis through the center of the curve of the slot)), whereby the first slot and the second slot being disposed at different angles facilitates the tensioner securing the storage unit to the structure while the tensioner is disposed at different angles relative to the rigid anchor (Figs. 2-4 – selecting different angular positions through normal use; Col. 5, line 25-Col. 6, line 27).
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.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gruener in view of US Patent 5,361,955 to Gregory and AU 2021101225 to Miles.
Regarding claim 5, Gruener fails to disclose the storage unit being a bag as claimed. However, Gregory discloses a carrier including a storage unit (Fig. 2), wherein the storage unit has a rigid or semi-rigid anchor (66) that defines the second opening (opening receiving strap), the portable storage unit is a bag (Fig. 2), and the rigid anchor is a rigid sheet disposed in the bag (Fig. 2). It would have been obvious to one of ordinary skill to have made the storage unit a bag with a rigid sheet defining the openings in the combination because the modification only involves a simple substitution of one known, equivalent carrier element for another to obtain predictable results. Miles discloses that using bags as carriers is known in this art (see title, Fig. 1).
Claim(s) 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gruener in view of US Patent 8,955,725 to Turner.
Regarding claim 19, Gruener fails to disclose wherein the external structure is another storage container. However, Turner discloses connecting a first storage container to a spare tire, and a second storage container to the first storage container (Figs. 1-2, 11). It would have been obvious to one of ordinary skill to have used Gruener’s mounting method to attach a second storage container to the first storage container because it would allow for carrying more items.
Regarding claim 20, the combination from claim 19 discloses wherein the other storage container is coupled to a vehicle or fixed object rigidly coupled to the vehicle (inner storage container is secured to the spare tire – Gruener/Turner).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The cited references disclose configurations similar to that disclosed by applicant.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SCOTT T MCNURLEN whose telephone number is (313)446-4898. The examiner can normally be reached M-F 8am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathan Newhouse can be reached at 571-272-4544. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SCOTT T MCNURLEN/Primary Examiner, Art Unit 3734