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
The amendment filed on 04/06/2026 (hereinafter “amendment”) has been accepted and entered. Claims 1,3-12 and 14-22 are pending.
Claim Rejections - 35 USC § 112(b)
The 35 U.S.C. 112(b) rejections of claim(s) 1-20 from the office action dated 01/07/2026 are withdrawn as a result of the amendment.
Claim Rejections - 35 USC § 102
(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.
Claim(s) 1, 4-6, 8 , 12 and 21-22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Barber et al US 20030070948, herein after referred to as Barber.
Regarding claim 1 Barber discloses a container (Figs. 7-16) comprising:
a housing (formed from 100 bottom plate, 102 front plate, 104 back plate, 108 first lateral plate and 110 second lateral plate) and ;
a top panel (112 platform) comprising a top surface (Fig. 7);
a first panel (116 first top panel) pivotably coupled to the top panel (via linkage arms 122 and 124, Fig. 11), the first panel comprising: a first edge; a second edge; a surface extending between the first edge and the second edge (Figs. 8-10); and
a coupling interface (upper surface of 116) located on the surface; the coupling interface configured engage a corresponding coupling interface on a second container (an additional container with a flat coupling interface can be stacked on top);
a first axis defined along the first edge (bottom edge of 116 as shown in Fig. 9 near 166) of the first panel; and
a locking mechanism (144 lock mechanism) coupled to the surface of the first panel (locks through the bolt opening 148) the locking mechanism comprising:
a locking arm (163 strike); and one or more locking components (the keyhole) coupled to the locking arm (Fig. 7), the one or more locking components actuatable along the first axis (the keyhole will turn along the axis);
wherein the first panel (116) rotates about a second axis with respect to the top panel between an open position and a closed position (Figs. 7-9); and
wherein the top panel (112) further comprises a side surface (151 rear edge) extending upward from the top surface, and wherein the side surface (151 comprises an aperture (152 guide slots, Figs. 7 and 10-12).
Regarding claim 4 Barber discloses the container of claim 1 and further discloses wherein the second edge of the first panel is pivotably coupled to the top panel (via 122 and 124, paragraph [0043], lines 6-13).
Regarding claim 5 Barber discloses the container of claim 1 and further discloses a second panel (118 second top panel) pivotably coupled to the top panel (via linkage arms) , the second panel comprising: a third edge; a fourth edge; a surface extending between the third edge and the fourth edge (Figs. 7-9); and
a second coupling interface (upper surface of 118) located on the surface of the second panel, the second coupling interface configured to couple the container to the second container (allows for containers to be stacked);
wherein the second panel rotates about a third axis (left side of 118) with respect to the top panel between an open position and a closed position (Figs. 7-9).
Regarding claim 6 Barber discloses the container of claim 5 and further discloses
wherein the second axis and the third axis are distinct from each other (Figs. 7-9).
Regarding claim 8 Barber discloses the container of claim 5 and further discloses wherein the first panel (116) defines a first planar bottom surface, and wherein the second panel (118) defines a second planar bottom surface, wherein the first planar bottom surface, the second planar bottom surface, and a top surface of the top panel (112) are generally coplanar when the first panel and the second panel are in the open position (Fig. 7).
Regarding claim 12 Barber discloses a container (Figs. 7-16) comprising:
a housing (formed from 100 bottom plate, 102 front plate, 104 back plate, 108 first lateral plate and 110 second lateral plate) and ;
a top panel (112 platform);
a first panel (116 first top panel) pivotably coupled to the top panel (via linkage arms 122 and 124, Fig. 11), the first panel comprising: a first edge; a second edge; a surface extending between the first edge and the second edge (Figs. 8-10); and
a coupling interface (upper surface of 116) positioned on the surface (an additional container can be stacked on top);
a first axis defined along the first edge (bottom edge of 116 as shown in Fig. 9 near 166) of the first panel; and
a second panel (118 second top panel) pivotably coupled to the top panel (via linkage arms) , the second panel comprising: a third edge; a fourth edge; a surface extending between the third edge and the fourth edge (Figs. 7-9); and
a second coupling interface (upper surface of 118) positioned on the surface of the second panel (allows for containers to be stacked); and
a locking mechanism (144 lock mechanism) coupled to the first panel (locks through the bolt opening 148) the locking mechanism comprising:
a locking bar (163 strike); and an actuator (the keyhole) coupled to the locking bar (Fig. 7), the actuator moveable along the first axis (the keyhole will turn along the axis);
wherein the first panel (116) pivotably rotates about a second axis with respect to the top panel between an open position and a closed position (Figs. 7-9); and
wherein the second panel (118) pivotably rotates about a third axis with respect to the top panel between an open position and a closed position (Figs. 7-9); and
wherein the top panel further comprises a top surface (Fig. 7) and a side surface (151) extending upward from the top surface, and wherein the side surface (151) comprises an opening (152, Figs. 7 and 10-12).
Regarding claim 21 Barber discloses the container of claim 1. Barber discloses substantially all the limitations of the claim(s) except for second side surface with an aperture. It would have been obvious to one having ordinary skill in the art at the time the invention was made to have a second side surface with aperture, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. Further having a second upwardly extending side surface with an aperture opposite to the first upwardly extending side surface will allow for the container to be used in multiple orientations while keeping cords from electronics organized with the apertures of said side surfaces.
Regarding claim 22 Barber discloses the container of claim 1 and further discloses wherein the side surface (151) is configured to interfere with objects positioned on the top surface to resist movement of the objects off of the top surface (the side surface will prevent objects moving off the edge where the side surface is located as it projects upwardly and would interfere with movement of the object in that direction).
Allowable Subject Matter
Claims 3, 7, 9-11 and 14-16 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 17-20 are allowed.
Response to Arguments
Applicant's arguments filed 04/06/2026 have been fully considered. Applicant arguments to claims 1, 4-6, 8 and 12 under 35 U.S.C §102 to Barber are not persuasive. Applicant argues that Barber “does not identically disclosed a container with a top panel comprising a top surface and wherein the top panel further comprises a side surface extending upward from the top surface, and wherein the side surface comprises an aperture”, examiner disagrees. As discussed above Barber discloses a top panel 112 with a top surface and side surface 151 that extends upward from the top surface and has an aperture 152 and shown in at least Figures. 7 and 10-12. The arguments directed towards claims under 35 U.S.C §103 have been withdrawn as a result of the amendment and are thusly moot.
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 Lauren Kmet whose telephone number is (313)446-4834. The examiner can normally be reached M-F 9am-6pm.
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/L KMET/Examiner, Art Unit 3735
/Anthony D Stashick/Supervisory Patent Examiner, Art Unit 3735
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