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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 7/31/2026 has been entered.
Claim 1-2, 4, 8, 11, 13 were amended, claim 7 was canceled, claims 14-16 are new. Claims 1-6 and 8-16 are pending.
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 8-16 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 at least one accessory device, comprising at least one retaining element (20) configured to retain the at least one accessory device, and a clamping element (30) configured to clamp a first accessory device of the at least one device, the clamping element having a clamping recess configured to receive the first accessory device, wherein the clamping element (30) is configured to clamp the first accessory device in the clamping recess (31) depending on a movement of the clamping element relative to a longitudinal axis of the first accessory device, wherein the clamping element and the at least one retaining element are connected and are moveable relative to one another about a rotation axis.
Chiu failed to disclose wherein the at least one 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 and allow for mounting of the tool carrier (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.
PNG
media_image1.png
418
472
media_image1.png
Greyscale
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 first accessory device is arranged in the clamping recess the clamping axis of the clamping recess and the longitudinal axis of the first accessory device substantially coincide in (figure 6) and/or (ii) the clamping axis of the clamping recess and the longitudinal axis of the first 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 at least one 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 first 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 at least one 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 first accessory device depending on a rotational movement of the clamping element (30) relative to the first accessory device (40).
With respect to claim 14, the references as applied to claim 1, above, disclose all the limitations of the claims except for further comprising: a further clamping element configured to clamp a second accessory device of the at least one accessory device, the further clamping element defining a further clamping recess configured to receive the second accessory device, wherein the clamping element and the further clamping element are configured to be actuated independently of one another. However, this claim appears to be met by a duplication of parts and is therefore considered not novel under In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960) in which “the court held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced.” In this case, the claimed limitation would be the result of a duplicate item of claim 1. Neither device depend upon one another structurally.
With respect to claim 15, the references as applied to claim 14, above, disclose all the limitations of the claims. The references further teach wherein the at least one retaining element defines a further retaining recess configured to retain the second accessory device. As taught by duplication of parts, refer to claim 14 rejection for combination rationale. The term “at least one retaining element” means there can be two or more.
With respect to claim 16, the references as applied to claim 14, above, disclose all the limitations of the claims. The references further teach wherein the clamping element is spaced apart from the further clamping element. Refer to claim 14 rejection for combination rationale.
Examiner Note: Spaced apart can be broadly interpreted. Additionally, from the duplication of parts logic, these parts are separated out and in real world use would be two products not connected.
Response to Arguments
Applicant's arguments filed 7/31/2026 have been fully considered but they are not persuasive. Applicant argues that Chiu would not have been modified to include the magnetic base of Evans. However, as explained in the previous office action, adding a magnetic base allows for additional retainment of magnetically attracted tools. This does not teach away from invention of Chiu and provides the additional benefit of further means of securement of tools that happen to be magnetic. Further the base of Ethan enables mounting and placement of the tool carrier.
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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SYMREN K SANGHERA whose telephone number is (571)272-5305. The examiner can normally be reached Mon - Fri.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anthony Stashick can be reached on (571)272-4561. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/SYMREN K SANGHERA/Examiner, Art Unit 3735
Prosecution Insights