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 .
Claim Objections
Claims 3 and 21-24 are objected to because of the following informalities:
In line 3 of claim 3, it is believed the word “to” after “bracket” should be removed.
In line 4 of claim 3, it is believed the word --the-- is missing after “near”.
In line 7 of claim 21, it is believed the word --upper-- is missing before “compartment”.
In line 7 of claim 21, it is believed the phrase “the tool holder” should be removed.
In line 1 of claim 22, it is believed the word “comprising” should be removed.
In line 1 of claim 23, it is believed the word “comprising” should be removed.
In line 2 of claim 23, it is believed the word --upper-- is missing before “compartment”.
In line 1 of claim 24, it is believed the word “comprising” should be removed.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lowrey (WO 2006/086830).
Regarding claim 1, Lowrey discloses a job box mountable in a pickup truck bed comprising, a base 98 including a bottom panel 3 and a plurality of wall panels 2, 4, 5, 6 extending upwardly from the bottom panel 3 and defining a storage compartment 97 with an open top (see Figures 6-8; Page 4, lines 21-25; Page 5, lines 1-12); a lid assembly hingedly coupled to the base 98 and, in a closed position, covering the open top of the base 98, and in an open position, not covering at least a portion of the open top of the base 98 (see Figures 6-8; Page 6, lines 15-18), the lid assembly comprising a first lid 1 and at least one hinge bar 9, the at least one hinge bar 9 having a first end pivotally coupled to the first lid 1 at a first side of the first lid 1 and a second end pivotally coupled to a structure 26 below the first lid 1 near a second side of the first lid 1, the first lid 1 being pivotable relative to the structure 26 below the first lid about each of two spaced apart parallel axes, including a first axis 24 near the first side, and a second axis near the second side (see Figure 9 and annotated Figure 9 below; Page 4, lines 24-30). The second axis is defined by a central axis of the structure 26.
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Claim 21 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Samsel et al. (US Pat 11,318,599).
Regarding claim 21, Samsel et al. disclose a job box 10 mountable in a pickup truck bed comprising, a base 11 including a bottom panel 12 and a plurality of wall panels 14, 16, 18 extending upwardly from the bottom panel 12 and defining a storage compartment 21 with an open top (see Figures 1A-3; Col. 4, line 66-Col. 5, line 13); a lid assembly 30 hingedly coupled to the base 11 and, in a closed position, covering the open top of the base 11, and in an open position, not covering at least a portion of the open top of the base 11 (see Figures 1A-3; Col. 4, lines 60-65), the base 11 including a front wall panel 18 with an upper portion 19, the upper portion 19 defining an upper compartment, the upper compartment 19 containing a tool holder (see Figures 1A and 3; Col 5, lines 3-6). The wall panel 18 is a front wall panel relative to the pickup truck bed such that when a user positions the job box in a pickup truck bed, the wall panel 18 is positioned near a front wall of the pickup truck bed.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 22 is rejected under 35 U.S.C. 103 as being unpatentable over Samsel et al. in view of Bergum et al. (US PG Pub 2005/0103783).
Regarding claim 22, Samsel et al. disclose the job box 10 mountable in a pickup truck bed comprising according to claim 21, wherein the tool holder 19 comprises a metal channel (see Figure 3; Col. 5, lines 3-6).
Samsel et al. fail to disclose the tool holder comprises a plurality of holes.
Bergum et al. disclose a job box 10 having a base 12, a lid assembly 22 and a tool holder 50 with a plurality of holes 78 (see Figures 1-2; Paragraphs 15 and 17-18). The plurality of holes 78 are provided to carry tools in a vertical fashion (see Paragraph 18).
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention to include a plurality of holes in the tool holder of Samsel et al., with a reasonable expectation of success, to carry tools and support them in a vertical fashion, as taught by Bergum et al..
Claim 23 is rejected under 35 U.S.C. 103 as being unpatentable over Samsel et al. in view of Shulz et al. (US PG Pub 2007/0039957).
Regarding claim 23, Samsel et al. disclose the job box mountable in a pickup truck bed according to claim 21, wherein the upper compartment 19 is comprised a plurality of bends and a plurality of wall panel portions (see Figure 3).
Samsel et al. fail to disclose the upper compartment is an integral part of the front wall panel.
Shulz et al. disclose a storage box 10 for use in a pick up truck bed having a base 12 including a front wall panel 20 (see Figures ; Paragrpph 18). The front wall panel 20 has a ledge 50 integrally formed with the front wall panel 20 comprised of a ledge 52, an inclined piece 54 and an extension piece 56 that is formed by a bent sheet of metal (see Paragraph 20).
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention to construct the upper compartment of Samsel et al., as an integral part of the front wall panel, with a reasonable expectation of success, as taught by Shulz et al., to reduce the amount of material required and ensure the upper compartment remains secure within the job box.
Claim 24 is rejected under 35 U.S.C. 103 as being unpatentable over Samsel et al., as modified by Shulz et al., in view of Henricsson (FR 3016353).
Regarding claim 24, Samsel et al., as modified by Shulz et al., disclose the job box mountable in a pickup truck bed according to claim 23, wherein the plurality of bends include a first bend and a second bend (see annotated Figure 3 below).
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Samsel et al., as modified by Shulz et al., fail to disclose the plurality of bends include a first obtuse bend and a second bend, the second bend being equal in magnitude but opposite in direction to the first obtuse bend.
Henricsson discloses a tool tray 1 having a wall 2 arranged at an obtuse angle to a bottom of the tray 1 to allow workers to easily get their hands in the tray 1 to take out parts (see Figure 4; Description, Paragraph 2, lines 16-20).
Section 2144.04 IV. A. of the MPEP sets forth the Federal Circuit case of In Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984), which held that, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device.
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention to construct the plurality of bends of Samsel et al., as modified by Shulz et al., to be obtuse, with a reasonable expectation of success, to enable a user to easily get their hands in the tool holder to take out parts, as taught by Henricsson.
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention to construct the second bend of Samsel et al., as modified by Shulz et al. and Henricsson, to be equal in magnitude but opposite in direction to the first obtuse bend, with a reasonable expectation of success, since it has been held that “where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device” In Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984). In this instance, the tool tray would not perform differently by making the second bend equal in magnitude but opposite in direction to the first obtuse bend.
Allowable Subject Matter
Claims 2-20 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.
The following is a statement of reasons for the indication of allowable subject matter:
Claims 2-3 recite a job box mountable in a pickup truck bed comprising, a base including a bottom panel and a plurality of wall panels extending upwardly from the bottom panel and defining a storage compartment with an open top; a lid assembly hingedly coupled to the base and, in a closed position, covering the open top of the base, and in an open position, not covering at least a portion of the open top of the base, the lid assembly comprising a first lid and at least one hinge bar, the at least one hinge bar having a first end pivotally coupled to the first lid at a first side of the first lid and a second end pivotally coupled to a structure below the first lid near a second side of the first lid, the first lid being pivotable relative to the structure below the first lid about each of two spaced apart parallel axes, including a first axis near the first side, and a second axis near the second side. A first bracket is coupled to the first lid and a first pivot pin couples the first bracket to the first end of the hinge bar and a second bracket is coupled to the structure below the first lid and a second pivot pin couples the second bracket to the second end of the hinge bar. Lowrey discloses a job box having a base, a lid assembly, and a hinge bar pivotable relative to a first axis near a first side of the lid and a second axis near a second side of the lid; however, Lowrey fails to disclose a first bracket with a first pivot pin coupled to a first end of the hinge bar and a second bracket with a second pivot pin coupled to a second end of the hinge bar. Samsel et al. disclose a job box having a base, a lid assembly with a first lid and a hinge bar; however, Samsel et al. fail to disclose that a first end of the hinge bar is pivotally coupled to the first lid at a first side of the first lid and a second end of the hinge bar is pivotally coupled to a structure below the first lid and the first lid is pivotable relative to the structure below the first lid about each of two spaced apart parallel axes including a first axis next the first side and a second axis near the second side. Cheney (US Pat 5,299,722) discloses a job box mountable in a pickup truck bed having a base, a lid assembly with a first lid and a structure below the first lid, and a hinge bar; however, Cheney fails to disclose that a first end of the hinge bar is pivotally coupled to the first lid at a first side of the first lid and a second end of the hinge bar is pivotally coupled to a structure below the first lid and the first lid is pivotable relative to the structure below the first lid about each of two spaced apart parallel axes including a first axis next the first side and a second axis near the second side. Sosa (US Pat 6,862,778) discloses a hinge bar for a container having a first end pivotally coupled to a first side of a lid and a second end pivotally coupled to a structure below the lid and the first lid is pivotable relative to two spaced apart parallel axes including a first axis and a second axis; however, Sosa fail to disclose that the first axis is near a first side of the lid and the second axis is near a second side of the lid. Hamilton et al. (US Pat 4,635,992) disclose a job box having a base, a lid assembly with a first lid and a hinge bar; however, Hamilton et al. fail to disclose that a first end of the hinge bar is pivotally coupled to the first lid at a first side of the first lid and a second end of the hinge bar is pivotally coupled to a structure below the first lid and the first lid is pivotable relative to the structure below the first lid about each of two spaced apart parallel axes including a first axis next the first side and a second axis near the second side. The prior art does not properly teach or suggest the recited configuration, making claims 2-3 allowable.
Claim 4 recites a job box mountable in a pickup truck bed comprising, a base including a bottom panel and a plurality of wall panels extending upwardly from the bottom panel and defining a storage compartment with an open top; a lid assembly hingedly coupled to the base and, in a closed position, covering the open top of the base, and in an open position, not covering at least a portion of the open top of the base, the lid assembly comprising a first lid and at least one hinge bar, the at least one hinge bar having a first end pivotally coupled to the first lid at a first side of the first lid and a second end pivotally coupled to a structure below the first lid near a second side of the first lid, the first lid being pivotable relative to the structure below the first lid about each of two spaced apart parallel axes, including a first axis near the first side, and a second axis near the second side. The structure below the first lid comprises a second lid disposed between the base and first lid; the second lid of the lid assembly is hingedly coupled to the base, and the first lid is pivotable in relation to the second lid. Lowrey discloses a job box having a base, a lid assembly, and a hinge bar pivotable relative to a first axis near a first side of the lid and a second axis near a second side of the lid; however, Lowrey fails to disclose that the structure below the first lid is a second lid disposed between the base and the first lid. Samsel et al. disclose a job box having a base, a lid assembly with a first lid and a hinge bar; however, Samsel et al. fail to disclose that a first end of the hinge bar is pivotally coupled to the first lid at a first side of the first lid and a second end of the hinge bar is pivotally coupled to a structure below the first lid and the first lid is pivotable relative to the structure below the first lid about each of two spaced apart parallel axes including a first axis next the first side and a second axis near the second side. Cheney (US Pat 5,299,722) discloses a job box mountable in a pickup truck bed having a base, a lid assembly with a first lid and a structure below the first lid, and a hinge bar; however, Cheney fails to disclose that a first end of the hinge bar is pivotally coupled to the first lid at a first side of the first lid and a second end of the hinge bar is pivotally coupled to a structure below the first lid and the first lid is pivotable relative to the structure below the first lid about each of two spaced apart parallel axes including a first axis next the first side and a second axis near the second side. Sosa (US Pat 6,862,778) discloses a hinge bar for a container having a first end pivotally coupled to a first side of a lid and a second end pivotally coupled to a structure below the lid and the first lid is pivotable relative to two spaced apart parallel axes including a first axis and a second axis; however, Sosa fail to disclose that the first axis is near a first side of the lid and the second axis is near a second side of the lid. Hamilton et al. (US Pat 4,635,992) disclose a job box having a base, a lid assembly with a first lid and a hinge bar; however, Hamilton et al. fail to disclose that a first end of the hinge bar is pivotally coupled to the first lid at a first side of the first lid and a second end of the hinge bar is pivotally coupled to a structure below the first lid and the first lid is pivotable relative to the structure below the first lid about each of two spaced apart parallel axes including a first axis next the first side and a second axis near the second side. The prior art does not properly teach or suggest the recited configuration, making claim 4 allowable.
Claims 5-20 are allowable because they are dependent on claim 4.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Russell et al. (US Pat 8,967,438) disclose a job box mountable in a pickup truck bed having a base, a lid assembly and a hinge bar. Furlong (US Pat 6,554,169) discloses a storage container for a pickup truck bed having a lock assembly and a hinge bar. Howell (US Pat 6,170,723) discloses a storage container for a pickup truck bed having a base and a lid assembly that is pivotal about two spaced apart axes. Niemi et al. (US Pat 5,967,392) disclose a utility box mountable in a pickup truck bed having a base, a lid assembly, and a hinge bar with a first bracket and a second bracket. Smith (US Pat 7,810,862) disclose a storage container for a vehicle having a base, a lid assembly and a hinge bar pivotal about two spaced apart axes on different sides of the lid.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VERONICA M CONDO whose telephone number is (571)272-9415. The examiner can normally be reached Mon-Fri 8am-3pm EST.
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/VERONICA M CONDO/ Examiner, Art Unit 3612
/AMY R WEISBERG/ Supervisory Patent Examiner, Art Unit 3612
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