Notice of Pre-AIA or AIA Status
Election/Restrictions
Claims 17-30 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on January 5, 2026. It is noted that Claims 17-30 have been cancelled within the reply, but applicant did not make the corresponding “claim identifier” changes to the claim set identifying the claims as “cancelled”. In future responses, please correct the claim set so that the cancelled claims are identified / labeled as such.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on May 22, 2024 was in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the examiner.
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 “body” [Claim 1], “a plurality of rail assemblies… mounted on the... pivotable lid assembly” [Claim 5], “a plurality of electrical ports” [Claim 8 – as an aside “an electrical outlet (58)” is disclosed], and “rail assemblies each having cooperating rail members... mounted to the… pivotable lid assembly” [Claim 15] must be clearly shown / labeled or the feature(s) canceled from the claim(s). No new matter should be entered.
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
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.
Claims 1-16 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. Claim 1 fails to recite sufficient structural elements and the interconnection of elements to positively position and define the “pivotal lid assembly” and “slidable lid assembly” relative to the “body”, so that an integral structural apparatus is set forth which is able to function as claimed, i.e., the interior space is accessible when either the pivotal lid or the slidable lid is in the open position. Consequently, the remaining claims are rejected since they are dependent, either directly or indirectly, upon an indefinite claim.
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.
Claims 1, 3-4, 7 & 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by KR 10-2004-0098364. KR`364 teaches of a tool chest (fig. 2) capable of storing and accessing tools – if so desired by an end user, the tool chest comprising: a body (10) defining an interior space (12) capable of holding tools; a pivotable lid assembly (30) and a slidable lid assembly (20) for allowing selective access to the interior space; the pivotable lid assembly having a pivotable lid (upper lid) pivotally movable between a closed position (fig. 3) in which the pivotable lid is positioned generally above the interior space, and an open position (fig. 2) in which the pivotable lid is pivoted to allow access to the interior space; the slidable lid assembly having a slidable lid (lower lid) slidably movable between a closed position (fig. 3), in which the slidable lid is positioned generally above the interior space and an open position (fig. 5) in which the slidable lid is slidingly moved to allow access to the interior space; wherein the interior space is accessible when either the pivotable lid or the slidable lid is in the open position, and wherein the interior space is not accessible when the pivotable lid and the slidable lid are both in their respective closed positions (both scenarios shown in the figures). As to Claim 3, the pivotable lid is mounted on the slidable lid such that slidable movement of the slidable lid causes slidable movement of the pivotable lid (fig. 5). As to Claim 4, the slidable lid assembly further comprises a plurality of rail assemblies (fig. 3) with cooperating rail members (24, 14) mounted on the slidable lid and the tool chest body. As to Claim 7, the pivotable lid defines a generally horizontal work surface (top surface of (30)) which remains generally horizontal when the slidable lid is in the open or closed positions, and when the pivotable lid is in the closed position (such is the case, when the pivotal lid is closed and remains as such when the slidable lid moves between closed and open positions). As to Claim 9, the chest further comprising a pivotable lid latch assembly (32, 34, 22) having a latch (34) movable between a latched position wherein the pivotable lid is prevented from moving from the closed position, and an unlatched position wherein the pivotable lid is free to move.
Claims 1, 4, 9-10 & 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Perkins [US 4,303,158]. Perkins teaches of a tool chest (fig. 1) capable of storing and accessing tools {fig. 3}, the tool chest comprising: a body (11) defining an interior space (such as the lower interior space where (47) resides for instance) capable of holding tools; a pivotable lid assembly (21) and a slidable lid assembly ((25, 50) which slides relative to the pin on each side wall via (31, 33)) for allowing selective access to the interior space; the pivotable lid assembly having a pivotable lid (53) pivotally movable between a closed position (fig. 1) in which the pivotable lid is positioned generally above the interior space, and an open position (fig. 3) in which the pivotable lid is pivoted to allow access to the interior space; the slidable lid assembly having a slidable lid (25 or 50) slidably movable between a closed position (fig. 3), in which the slidable lid is positioned generally above the interior space (as mapped) and an open position (fig. 3) in which the slidable lid is slidingly moved to allow access to the interior space; wherein the interior space is accessible when either the pivotable lid or the slidable lid is in the open position, and wherein the interior space is not accessible when the pivotable lid and the slidable lid are both in their respective closed positions (both scenarios shown in the figures). As to Claim 3, the pivotable lid is mounted on the slidable lid such that slidable movement of the slidable lid causes slidable movement of the pivotable lid (fig. 5). As to Claim 4, the slidable lid assembly further comprises a plurality of rail assemblies (fig. 3) with cooperating rail members (31, 33, pins on sidewalls (17 & 19)) mounted on the slidable lid and the tool chest body. As to Claim 9, the chest further comprising a pivotable lid latch assembly (shown in fig. 1) having a latch (35) movable between a latched position wherein the pivotable lid is prevented from moving from the closed position (fig. 1), and an unlatched position (fig. 3) wherein the pivotable lid is free to move. As to Claim 10, the chest further comprising a slidable lid latch assembly (fig. 1) having a latch (35) movable between a latched position (fig. 1) wherein the slidable lid is prevented from moving from the closed position, and an unlatched position (fig. 3) wherein the slidable lid is free to move. As to Claim 16, the chest further comprising a locking assembly (35), the locking assembly simultaneously locking the slidable lid in its closed position and the pivotable lid in its closed position (fig. 1).
Claims 1-7 & 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by FR 2719441. FR`441 teaches of a tool chest (fig. 1) capable of storing and accessing tools – if so desired by an end user, the tool chest comprising: a body (2) defining an interior space (such as the lowermost interior space as shown in fig. 3 for instance) capable of holding tools; a pivotable lid assembly (upper panel assembly – fig. 2) or the lower panel assembly – fig. 2) and a slidable lid assembly (viewed as the other of the lower panel assembly or the upper panel assembly) for allowing selective access to the interior space; the pivotable lid assembly having a pivotable lid (6 or 7) pivotally movable between a closed position (fig. 1) in which the pivotable lid is positioned generally above the interior space, and an open position (figs. 5-6) in which the pivotable lid is pivoted to allow access to the interior space; the slidable lid assembly having a slidable lid (viewed as the other of 6 or 7) slidably movable between a closed position (fig. 1), in which the slidable lid is positioned generally above the interior space (as mapped) and an open position (figs. 5-6) in which the slidable lid is slidingly moved to allow access to the interior space; wherein the interior space is accessible when either the pivotable lid or the slidable lid is in the open position, and wherein the interior space is not accessible when the pivotable lid and the slidable lid are both in their respective closed positions (both scenarios shown in the figures). As to Claim 2, the slidable lid (6) is mounted on the pivotable lid (7) such that pivotal movement of the pivotable lid results in pivotal movement of the slidable lid (from fig. 5 to fig. 6 for instance). As to Claim 3, the pivotable lid (6) is mounted on the slidable lid (7) such that slidable movement of the slidable lid causes slidable movement of the pivotable lid (fig. 5). As to Claim 4, the slidable lid assembly further comprises a plurality of rail assemblies (figs. 2 & 5) with cooperating rail members (9, 4) mounted on the slidable lid and the tool chest body. As to Claim 5, the slidable lid assembly (lower panel assembly) further comprises a plurality of rail assemblies (fig. 2) with cooperating rail members (9, 15) mounted on the slidable lid and the pivotable lid assembly. As to Claim 6, the slidable lid (7) defines a generally horizontal work surface (such as the outer surface of (7) when the box (2) is rotated 90 degrees – depends upon viewed orientation) which remains generally horizontal when the slidable lid is in the open (fig. 4) or closed (fig. 3) positions, as long as the pivotable lid is in its closed position (pivotable lid is in closed position in both figures – solid lines). As to Claim 7, the pivotable lid (6) defines a generally horizontal work surface (such as the outer surface of (6) when the box (2) is rotated 90 degrees – depends upon viewed orientation) which remains generally horizontal when the slidable lid is in the open or closed positions (figs.3-4), and when the pivotable lid is in the closed position (fig. 3). As to Claim 15, the chest further comprising rail assemblies (figs. 2 & 5) each having cooperating rail members (9, 4, 15), the cooperating rail members mounted to the slidable lid and to the pivotable lid assembly, thereby allowing sliding movement of the slidable lid with respect to the pivotable lid assembly.
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 8 is rejected under 35 U.S.C. 103 as being unpatentable over FR 2719441 in view of Scheffy et al., [US 2008/0278046]. FR`441 teaches applicant’s basic inventive claimed chest as outlined {mapped} above, but does not show a plurality of electrical ports for providing electrical power mounted on the body and within the interior space. As to this feature, Scheffy is cited as an evidence reference for the known use of electrical ports (73) associated with a tool chest (10) for supplying electrical power in an analogous art. Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of FR`441 so as to incorporate a power strip (72) having electrical ports to the chest body in view of Scheffy’s teaching, with a reasonable expectation of success, because this arrangement would enhance the versatility of the prior art’s device by increasing the usefulness of the chest since the addition of an on-site power distribution means would allow a user to plug electrical tools directly to the chest as opposed to having an external source with an extension cord when tools requiring wired power are used in proximity of the chest at a time savings to the user.
Claims 9-14 & 16 are rejected under 35 U.S.C. 103 as being unpatentable over FR 2719441 in view of Richter [US 10,920,467]. FR`441 teaches applicant’s basic inventive claimed chest as outlined {mapped} above, but does not show a pivotal lid latch assembly along with a biasing mechanism used to bias the pivoting lid to the open position. As to the latch assembly feature [claims 9-11 & 16], Richter is cited as an evidence reference for the known use of a pivotable lid latch assembly / slidable lid latch assembly (figs. 3 & 4A) having a latch (114) movable between a latched position wherein a pivotable lid / slidable lid is prevented from moving from the closed position, and an unlatched position wherein the pivotable lid / slidable lid is free to move as is conventional in the latching arts. Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of FR`441 so as to incorporate a latch assembly within the chest body in view of Richter’s teaching, with a reasonable expectation of success, because this arrangement would enhance the versatility of the prior art’s device by providing a means by which the interior space of the chest is safeguarded via the latching (114) and locking (116) of a lid in order to restrict unauthorized entry into the chest as dependent upon the needs and/or preferences of an end user. As to the biasing mechanism / lift assembly feature [claims 12-14], Richter is cited as an evidence reference for the known use of biasing members / lift assembly (56) used in conjunction with a lid (36) for the purposes of helping to raise and lower the lid relative to the chest body. Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of FR`441 so as to incorporate a biasing mechanism / lift assembly within the chest body in view of Richter’s teaching, with a reasonable expectation of success, because this arrangement would enhance the versatility of the prior art’s device by providing a means by which a lid can be biased towards an open position while also providing resistance during a closing operation so that the lid does not slam onto the chest body as dependent upon the needs and/or preferences of an end user. As modified, the prior art
teaches applicant’s inventive claimed device as disclosed above, but does not disclose a biasing force that would be insufficient to move the lid and any tool supported by the lid. As to this force parameter, the position is taken it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to vary the biasing force exerted by the lifting assembly so as to encompass several force ranges as dependent upon the needs or preferences of a user, with a reasonable expectation of success, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure – see the attached Form PTO-892 showing various chest assemblies with closable lids.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES O HANSEN whose telephone number is (571)272-6866. The examiner can normally be reached Mon-Fri 8 am - 4:30 pm.
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JOH
January 22, 2026
/James O Hansen/Primary Examiner, Art Unit 3637