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
This office action is in response to the reply filed on 3/10/2026, wherein claims 1-3, 5, 8-9, 12 were amended, claim 7 was cancelled. Claims 1-6 and 8-13 are pending.
Drawings
The drawings were received on 3/10/2026. These drawings are acceptable.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-6 and 8-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chiu (US 20080251402 A1) in view of Evans (US 20070074985 A1).
With respect to claim 1, Chiu discloses a packaging device for an accessory device, comprising a retaining element (20) configured to retain the accessory device, and a clamping element (30) configured to clamp the accessory device, the clamping element having a clamping recess configured to receive the accessory device, wherein the clamping element (30) is configured to clamp the accessory device in the clamping recess (31) depending on a movement of the clamping element relative to a longitudinal axis of the accessory device, wherein the clamping element and the retaining element are connected and are moveable relative to one another about a rotation axis.
Chiu failed to disclose wherein the retaining element defines a retaining recess that extends along a retaining axis and is configured as a blind hole. However, in a similar field of endeavor, namely tool retaining devices, Evans taught of a retaining device (10) that included a magnetic bottom (12) in order to retain magnetically attracted tools (abstract). Chiu could benefit from the addition of Evans teachings because it provides an additional means of securement in the cases of magnetic tool storage and accidental unlocking of the clamping element. Therefore, it would have been obvious for someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the retaining element of Chiu to include have a blind hole (by including a magnetic bottom element) as taught by Evans in order to allow for additional means of retaining of tools.
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With respect to claim 2, the references as applied to claim 1, above, disclose all the limitations of the claims. Chiu further discloses wherein the clamping element includes a recess that defines the clamping recess (31) and the clamping recess has a clamping axis that extends through the clamping recess (any axis that extends through the clamping recess), and the clamping element is configured such that (i) in a release state in which the accessory device is arranged in the clamping recess the clamping axis of the clamping recess and the longitudinal axis of the accessory device substantially coincide in (figure 6) and/or (ii) the clamping axis of the clamping recess and the longitudinal axis of the accessory device are positioned at a transverse angle to each other.
With respect to claim 3, the references as applied to claim 1, above, disclose all the limitations of the claims. Chiu further discloses wherein the clamping recess has a clamping axis (central axis of 31), and the retaining axis and the clamping axis substantially coincide in a release state (fig 6) and/or the retaining axis and the clamping axis are positioned at a transverse angle to each other in a clamping state (fig 5).
With respect to claim 4, the references as applied to claim 1, above, disclose all the limitations of the claims. Chiu further discloses wherein the clamping recess (31) is arranged closer to the retaining element (20) in a release state (fig 6) than in a clamping state (fig 5).
With respect to claim 5, the references as applied to claim 1, above, disclose all the limitations of the claims. Chiu further discloses wherein the retaining recess overlaps the clamping recess to a greater extent in a release state than in a clamping state. (figure 5)
With respect to claim 6, the references as applied to claim 1, above, disclose all the limitations of the claims. Chiu further discloses wherein the clamping element (30) has a fixed end (end nearest 32) and a free end (end furthest outward) facing away from the fixed end.
With respect to claim 8, the references as applied to claim 1, above, disclose all the limitations of the claims. Chiu further discloses wherein the clamping recess (31) has a clamping edge having a clamping edge portion, the retaining recess (21) has a retaining edge having a retaining edge portion, the clamping edge portion and the retaining edge portion are each configured for clamping the accessory device in a force-fitting and/or form-fitting manner, and the clamping edge portion and the retaining edge portion are arranged so as to be mutually opposed (broad term, plus edge portions are not further defined).
With respect to claim 9, Chiu discloses the packaging device according to claim 1, further comprising a spring element (“elastic section” 32) configured to apply a clamping force to the clamping element, wherein the spring element is tensioned to a greater extent in a release state (fig 6) of the clamping element than in a clamping state.
With respect to claim 10, Chiu discloses the packaging device according to claim 9, wherein the spring element (“elastic section” 32) and the clamping element (30) are formed integrally.
With respect to claim 11, Chiu discloses the packaging device according to claim 1, wherein the clamping element (30) and the retaining element (20) are formed integrally.
With respect to claim 12, Chiu discloses the packaging device according to claim 1, further comprising; an actuation element (figure 5) configured to actuate the clamping element from a clamping state to a release state (figure 5 to figure 6).
With respect to claim 13, Chiu discloses the packaging device according to claim 1, wherein the clamping recess (31) is configured to clamp the accessory device depending on a rotational movement of the clamping element (30) relative to the accessory device (40).
Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US-20250318058-A1 OR US-20080251402-A1 OR US-20130228484-A OR US-5692656-A OR US-6283311-B1 OR US-4109693-A OR US-4083465-A OR US-4069448-A OR US-2147963-A OR US-1953062-A OR US-2855107-A OR US-2833419-A
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. An additional reference was added for the limitation of a blind hole.
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 extension fee 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.
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/S.K.S./Examiner, Art Unit 3735
/ERNESTO A GRANO/Primary Examiner, Art Unit 3735
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