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 .
This office action is in response to the reply filed on 10/14/2025, wherein claims 1-3, 9-13 and 15-19 were amended; claims 4-8 and 20-21 were canceled; and claims 22-23 were added. Claims 1-3, 9-19 and 22-23 are pending.
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, 9-19 and 22-23 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Eley (US 7,424,958).
Regarding claim 1, Eley discloses a modular tool tray organizer (shown in Fig. 1), comprising a plurality of rectilinear-shaped base panels (panels 12) interconnectable together in locking relationship (as shown in Fig. 1), the modular tray organizer comprising: side edges (four perimeter edges in Fig. 3), a top surface (at 14), at least one first male connector structure (at 38 in Fig. 2) projecting from at least a first side edge (left edge of top-right panel in Fig. 1), at least one first female connector structure (at 34 in Fig. 1) formed in at least a second side edge (right edge of top-left panel 12 in Fig. 1) for receiving the at least one first male connector structure of an adjacent base panel, and wherein the at least one first male connector structure comprises a body portion (main body portion of 38 – similar to portion 28 in Fig. 5A) and a projection (at 32 in Fig. 5A) integrally formed with and extending from the body portion and the at least one first female connector structure configured for engaging the projection of the first male connector structure in locking relationship.
Regarding claim 2, Eley discloses the at least one first male connector structure is disposed below the top surface of the base panel (as shown in Fig. 4).
Regarding claim 3, Eley discloses the at least one first female connector structure is sized and shaped to snuggly receive the at least one first male connector structure.
Regarding claim 9, Eley discloses at least one socket (at 20 in Fig. 2) extending downwardly from the top surface (at 14) of the base panel.
Regarding claim 10, Eley discloses a tool holder (elements 54/60 in Figs. 7-9 are capable of holding tools thereon) capable of receiving a mechanics tool, the tool holder comprising a downwardly extending second connection projection (at 56/28) receivable into the least one socket.
Regarding claim 11, Eley discloses the tool holder comprising spaced-apart upright sidewalls (two horizontal elements 54 in Fig. 9) capable of receiving a mechanics tool between the side walls, and the downwardly extending second connection projection extending downwardly from the upright sidewalls.
Regarding claim 12, Eley discloses the tool holder comprising an upwardly projecting column (at 60), and wherein the downwardly extending second connection projection extending downwardly from the upwardly projecting column.
Regarding claim 13, Eley discloses the upwardly projecting column is capable of receiving a mechanics tool socket.
Regarding claim 14, Eley discloses a wall structure (at 54 in Fig. 7) comprising a wall section *at 58 in Fig. 7) and a second connection projection (at 56 in Fig. 7) extending downwardly from the wall section to be receivable within a second socket of a base panel, with the wall section extending along the top surface of the base panel.
Regarding claim 15, Eley discloses the wall section is a straight wall section.
Regarding claim 16, Eley discloses a handle (element 54 in Fig. 7 can be considered a handle since it can be gasped by the user to carry the device) engageable with at least one base panel, the handle comprising a manually graspable section (at 54) and at least one male connector structure (at 56) extending from the manually graspable section to be receivable within a first socket female connector structure of a base panel.
Regarding claim 17, Eley discloses a base panel (at 12 in Fig, 1) for forming modular tool tray organizer interconnecting the base panel with at least one other base panel in locking relationship, the base panel comprising: a rectilinear body having side edges (four perimeter edges in Fig. 3) and a top surface (at 14), at least one first male connector structure (at 38 in Fig. 2) projecting from at least a first side edge (top edge in Fig. 3) of the rectilinear body, at least one first female connector structure (at 34 in Fig. 3) formed in at least a second side edge (right edge in Fig. 3) of the rectilinear body for receiving the at least one first male connector structure of an adjacent base panel, and wherein the at least one first male connector structure comprises a body portion (main body portion of 38 – similar to portion 28 in Fig. 5A) and a projection (at 32 in Fig. 5A) integrally formed with the body portion and extending from the body portion and the at least one first female connector structure configured for engaging the projection of the first male connector structure in locking relationship.
Regarding claim 18, Eley discloses the at least one first male connector structure is disposed below the top surface of the body portion (as shown in Fig. 2).
Regarding claim 19, Eley discloses the at least one socket female connector structure is sized and shaped to snuggly receive the at least one first male connector structure.
Regarding claim 22, Eley discloses the portions of the at least one female connector structure defining an abutment (shown at 24 in Fig. 5A) against the projection of the at least one first male connector structure to maintain the at least one first male connector structure in locking relationship with the at least one first female connector structure.
Regarding claim 23, Eley discloses the portions of the at least one female connector structure defining an abutment (shown at 24 in Fig. 5A) against the projection of the at least one first male connector structure to maintain the at least one first male connector structure in locking relationship with the at least one first female connector structure.
Response to Arguments
In view of Applicant's amendment, the search has been updated, and new prior art has been identified and applied. Applicant's arguments have been considered but are moot in view of the new ground(s) of rejection.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 nonprovisional extension fee (37 CFR 1.17(a)) 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVEN A REYNOLDS whose telephone number is (571)272-9959. The examiner can normally be reached M-F 9am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anthony Stashick can be reached at (571) 272-4561. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/STEVEN A. REYNOLDS/Primary Examiner, Art Unit 3735