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 .
Priority date of 06/07/2019 to 62/85851 is acknowledged.
Claims 8-20 are withdrawn from further consideration. Applicant made the election of Group II, directed to the embodiment in figures 8-14, without traverse, in the response dated 06/27/2025 is acknowledged.
The specification is objected to: the first and second tongues and the first and second ribs have no antecedent basis
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 following claimed features must be shown, without entering any new matter: the coupling of the male coupling components coupled the bottom surface of the storage unit to a top surface of a second storage unit, plurality of female coupling components on the lid couple to the male couple the upper surface of the storage unit to a bottom surface of third storage unit, the tongue first tongue, the second tongue, and are distinct from each other, in claim 1, the first and second ribs in claims 24-25.
Claims 1-7, and 24-25 are 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.
The claimed subject matter 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 how the male coupling unit (78 in in fig. 1) being capable of coupled to the female recess in the amended recess of fig. 8, i.e., the coupling units described as 74 in fig. 1 seems to be just plain protrusions and seem only to couple to the recess in the original fig. 8, and unable to lock into the female recess in amended fig. 8,
The original disclosure does not teach i) the first tongue and the second tongue are distinct from each other in claim 1, ii) the male coupling component comprising first rib in claim 24, and iii) the male coupling component comprising first rib in claim 25. This is a new matter rejection.
Applicant is noted of the following recitation:
37 CFR 1.57 Incorporation by reference.
(b) Subject to the conditions and requirements of this paragraph, if all or a portion of the specification or drawing(s) is inadvertently omitted from an application, but the application contains a claim under § 1.55 for priority of a prior-filed foreign application, or a claim under § 1.78 for the benefit of a prior-filed provisional, nonprovisional, or international application, that was present on the filing date of the application, and the inadvertently omitted portion of the specification or drawing(s) is completely contained in the prior-filed application, the claim under § 1.55 or § 1.78 shall also be considered an incorporation by reference of the prior-filed application as to the inadvertently omitted portion of the specification or drawing(s).
(1) The application must be amended to include the inadvertently omitted portion of the specification or drawing(s) within any time period set by the Office, but in no case later than the close of prosecution as defined by § 1.114(b), or abandonment of the application, whichever occurs earlier. The applicant is also required to:
(i) Supply a copy of the prior-filed application, except where the prior-filed application is an application filed under 35 U.S.C. 111;
(ii) Supply an English language translation of any prior-filed application that is in a language other than English; and
(iii) Identify where the inadvertently omitted portion of the specification or drawings can be found in the prior-filed application.
(2) Any amendment to an international application pursuant to paragraph (b)(1) of this section shall be effective only as to the United States, and shall have no effect on the international filing date of the application. In addition, no request under this section to add the inadvertently omitted portion of the specification or drawings in an international application designating the United States will be acted upon by the Office prior to the entry and commencement of the national stage (§ 1.491) or the filing of an application under 35 U.S.C. 111(a) which claims benefit of the international application. Any omitted portion of the international application which applicant desires to be effective as to all designated States, subject to PCT Rule 20.8(b), must be submitted in accordance with PCT Rule 20.
(3) If an application is not otherwise entitled to a filing date under § 1.53(b), the amendment must be by way of a petition pursuant to § 1.53(e) accompanied by the fee set forth in § 1.17(f).
(4) Any amendment to an international design application pursuant to paragraph (b)(1) of this section shall be effective only as to the United States and shall have no effect on the filing date of the application. In addition, no request under this section to add the inadvertently omitted portion of the specification or drawings in an international design application will be acted upon by the Office prior to the international design application becoming a nonprovisional application.
a) In order to make the “Incorporation by Reference” recited in the specification effective, inter alias, applicant is required to amend the omitted portion of the specification or drawing(s) within any time period set by the Office, but in no case later than the close of prosecution as defined by § 1.114.
b) Applicant also required to identify all omitted portion of the specification or drawings can be found in the prior-filed application.
c) Note that applicant asserts that the support for these terms can be found in amended figures and particular fig. 8
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Amended dated 04/23/2026
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d) Note the features show in the lid of in the amended drawing can be found in figs. 5, 25 of WO2019028041. There is nothing in the drawings of this application showing coupling of the male coupling components coupled the bottom surface of the storage unit to a top surface of a second storage unit, plurality of female coupling components on the lid couple to the male couple the upper surface of the storage unit to a bottom surface of third storage unit, the tongue first tongue, the second tongue, and are distinct from each other, in claim 1, e.g., i) there is no showing of a male coupling structure in this instant application showing the male coupling unit couple to the female unit. The coupling unit described as 74 in fig. 1 seems to be just plain protrusions and seem only to couple to the recess in the original fig. 8, and unable to lock into the female recess in amended fig. 8, ii) the claim requires 3 units for storage unit to be attached, and there are no drawing showing the thee coupled units, and iii) there is nothing in the specification provide antecedent basis for the first tongue and the second tongue and the first and second tongues are distinct from each other, i.e., the tongues in amended fig. 8 are not described what comprises the distinction. It seems that the tongues in fig. 8 are the similar but symmetrically positioned, and iv) there is no description of the first and second ribs in claims 24-25 the specification of this instant application.
Claims 1, 3-7, and 21-22 are rejected under 35 U.S.C. 103 as being unpatentable over Brunner (WO2017191628) in view of Hope (4476994) or Um (6115883).
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As seen in the drawings, it is generally constituted by a receiving recessed depression 244 in the carrier engagement surface 216, configured with a pair of facing locking ribs 248, forming the aforementioned recess. The locking ribs 248 extend substantially parallel to sliding path of the container unit 202 with respect to the carrier unit 206, said path (designated P in Figs. 7A and 9B). Further noted, side walls 250 of depressions 244 are sloped in order to allow directing of a container unit's first engaging element 240, mounted upon it, to its interlocking position.
Brunner teaches a storage unit comprising: a housing (108, fig. 6D) defining an internal compartment; a bottom surface defined by the housing, the bottom surface comprising male coupling components (240 fig. 8B) configured to couple the bottom surface of the storage unit to a top surface of a second storage unit, a lid (308 fig. 12C) pivotally coupled to the housing such that the lid is pivotable between an open position and a closed position covering the internal compartment (fig. 6G), a plurality of female coupling components defined by the upper surface of the lid , the plurality of female coupling components configured to couple the upper surface of the storage unit to a bottom surface of a third storage unit (fig. 6D), each of the female coupling components comprising a recessed surface and a first tongue (248) extending above the recessed surface, each of the female coupling components comprising a second tongue (248) extending above the recessed surface, wherein the first tongue and the second tongue are distinct from each other.
Brunner meets all claimed limitations except for the pin extending from housing a handle rotatably coupled to the housing via the pin, the handle rotating with respect to the housing about the rotational axis defined by the pin; and a slot through which the pin extends; wherein, when the pin is located at a first position in the slot, a distal end of the handle, opposite the slot, interfaces against an upper surface of the lid when the lid is in the closed position such that the handle interferes with the lid pivoting from the closed position to the open position; and wherein, when the pin is located at a second position of the slot distinct from the first position, the distal end of the handle extends past a rear of the lid such that the handle does not interface against the upper surface of the lid when the lid is in the closed position such that the handle does not interfere with the lid pivoting from the closed position.
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Hope teaches that it is known in the art to provide a handle comprises a slot (76) through which a pin (18) extends; wherein, when the pin is located at a first position in the slot, a distal end of the handle, opposite the slot interfaces against an upper surface of the lid when the lid is in the closed position such that the handle interferes with the lid pivoting from the closed position to the open position (fig. 2 at); and wherein, when the pin is located at a second position of the slot distinct from the first position, the distal end of the handle extends past a rear of the lid such that the handle does not interface against the upper surface of the lid when the lid is in the closed position such that the handle does not interfere with the lid pivoting from the closed position (fig. 8). It would have been obvious to one of ordinary skill in the art to provide handle arrangement of Hope in Brenner to enable one to lock the lid on the container securely.
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Similarly, Um teaches that it is known in the art to provide similar handle 40 with pin and slot (56/46) for secure the lid in the closed position in figs. 5 and 6. It would have been obvious to one of ordinary skill in the art to provide handle arrangement of Um in Brenner to enable one to lock the lid on the container securely and/or to provide support for the container in the lying position.
Regarding claim 3, note the housing comprising a front wall, a back wall, and a side wall extending between the front wall and the back wall. Regarding the pin extends outward from an upper portion of the side wall. It would have been obvious to one of ordinary skill in the art to provide the pin extends outward from an upper portion of the side wall to provide the desired placement of the handle and/or for balancing.
Regarding claim 4, note the pin is located at a position on the side wall between a lower edge of the lid and a lower edge of the sidewall when the lid is in the closed position.
Regarding claim 5, note the slot comprises a first end and a second end, and wherein the pin is located at the first end when the pin is in the first position.
Regarding claim 6, note a plurality of second coupling components defined by the upper surface of the lid, the plurality of second coupling components configured to couple the upper surface of the storage unit to a bottom surface of a third storage unit.
Regarding claim 7, note the slot comprises a first end and a second end, and wherein the pin is located at the second end when the pin is in the second position.
Regarding claims 24-25, note the first and second ribs in fig. 9D of Brenner.
SET II:
Claims 1, 3-7, and 24-25 are rejected under 35 U.S.C. 103 as being unpatentable over Burchia (107508333) in view of Drabek (DE19749399).
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Regarding claim 1, Burchia teaches a storage unit comprising: a housing (44) defining an internal compartment; a bottom surface defined by the housing, the bottom surface comprising male coupling components (22) configured to couple the bottom surface of the storage unit to a top surface of a second storage unit, a lid (2) pivotally coupled to the housing such that the lid is pivotable between an open position and a closed position covering the internal compartment, a plurality of female coupling components defined by the upper surface of the lid (at 8, 9), the plurality of female coupling components configured to couple the upper surface of the storage unit to a bottom surface of a third storage unit, each of the female coupling components comprising a recessed surface (at 8 and 9 and a first tongue (10 or 10’ or 11 or 11’) extending above the recessed surface, each of the female coupling components comprising a second tongue (the other one of 10 or 10’ or 11 or 11’) extending above the recessed surface, wherein the first tongue and the second tongue are distinct from each other.
Brunner meets all claimed limitations except for the pin extending from housing a handle rotatably coupled to the housing via the pin, the handle rotating with respect to the housing about the rotational axis defined by the pin; and a slot through which the pin extends; wherein, when the pin is located at a first position in the slot, a distal end of the handle, opposite the slot, interfaces against an upper surface of the lid when the lid is in the closed position such that the handle interferes with the lid pivoting from the closed position to the open position; and wherein, when the pin is located at a second position of the slot distinct from the first position, the distal end of the handle extends past a rear of the lid such that the handle does not interface against the upper surface of the lid when the lid is in the closed position such that the handle does not interfere with the lid pivoting from the closed position.
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The device can be opened via the at least one hanging eye can be easily mounted on walls. The mobile Carrying handle has the advantage that the handle when opening the Lid can be brought out of its swivel range. With the lid closed and the handle not used this can lie tight against the lid, which means that next to a space saving also an additional seal of the Lid reached by the pressure exerted by the handle can be.
A movable carrying handle 60 is also provided. The carrying handle 60 is connected to the side walls 12 , 13 via two side legs 61 . In order to keep the carrying handle 60 displaceable, the side legs 61 each have a guide slot 62 in which a guide pin connected to the side walls 12 , 13 is guided. In order to prevent the guide pins 63 from slipping out of the guide slots 62 , the guide pins 63 have a pin head which is in each case wider than the corresponding guide slot 62 .
Drabek teaches that it is known in the art to provide a handle with a pin (63) extending from the housing, the pin defining a rotational axis, a handle (60) rotatably coupled to the housing via the pin, the handle rotating with respect to the housing about the rotational axis defined by the pin; wherein the handle comprises a slot (62) through which the pin extends; wherein, when the pin is located at a first position in the slot, a distal end of the handle, opposite the slot, interfaces against an upper surface of the lid when the lid is in the closed position such that the handle interferes with the lid pivoting from the closed position to the open position (cited above); and wherein, when the pin is located at a second position of the slot distinct from the first position, the distal end of the handle extends past a rear of the lid such that the handle does not interface against the upper surface of the lid when the lid is in the closed position such that the handle does not interfere with the lid pivoting from the closed position (note the citation that the handle can be brought out of the lid’s swivel. It would have been obvious to one of ordinary skill in the art before the effective filing date to provide the handle of Drabek in Burchia to enable one to carry the device of Burchia without the interference when using with the lid.
Regarding claim 2, a plurality of second coupling components defined by the upper surface of the lid, the plurality of second coupling components configured to couple the upper surface of the storage unit to a bottom surface of a third storage unit.
Regarding claim 3, note the housing comprising a front wall, a back wall, and a side wall extending between the front wall and the back wall. Regarding the pin, note that the pin of Burchia in view of Drabek extends outward from an upper portion of the side wall. It would have been obvious to one of ordinary skill in the art to provide the pin extends outward from an upper portion of the side wall to provide the desired placement of the handle and/or for balancing.
Regarding claim 4, note the pin of Burchia as modified by Drabek is located at a position on the side wall between a lower edge of the lid and a lower edge of the sidewall when the lid is in the closed position.
Regarding claim 5, note the slot of Burchia as modified by Drabek comprises a first end and a second end, and wherein the pin is located at the first end when the pin is in the first position.
Regarding claim 6, note a plurality of second coupling components defined by the upper surface of the lid, the plurality of second coupling components configured to couple the upper surface of the storage unit to a bottom surface of a third storage unit.
Regarding claim 7, note the slot comprises a first end and a second end, and wherein the pin is located at the second end when the pin is in the second position.
Regarding claims 24-25, note the two ribs at (24/25) or (28/29) in each of the male portions 22 in fig. 2.
Applicant's arguments have been fully considered but they are not persuasive. Regarding the 112(a) rejection, applicant asserts that the features are identified in the figures including teachings from “incorporated by reference”. It is noted that applicant amended the application of fig. 8. However, the are issues related to this amendment as set forth above including i) there is no showing of a male coupling structure in this instant application showing the male coupling unit couple to the female unit. The coupling unit described as 74 in fig. 1 seems to be just plain protrusions and seem only to couple to the recess in the original fig. 8, and unable to lock into the female recess in amended fig. 8, ii) the claim requires 3 units for storage unit to be attached, and there are no drawing showing the thee coupled units, and iii) there is nothing in the specification provide antecedent basis for the first tongue and the second tongue and the first and second tongues are distinct from each other, i.e., the tongues in amended fig. 8 are not described what comprises the distinction. It seems that the tongues in fig. 8 are the similar but symmetrically positioned, and iv) there is no description of the first and second ribs in claims 24-25 the specification of this instant application.
As set forth above, in order to make the “Incorporation by Reference” recited in the specification effective, inter alias, applicant is required to amend the omitted portion of the specification or drawing(s) within any time period set by the Office, but in no case later than the close of prosecution as defined by § 1.114.
The arguments on the art rejections are moot in view of new grounds of rejection as set forth above.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathan Jenness can be reached at (571) 270-5055. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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TRI M. MAI
Examiner
Art Unit 3733
/TRI M MAI/Primary Examiner, Art Unit 3733
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