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 .
Election/Restrictions
Applicant’s election without traverse of Species III, Figs. 2A to 3E in the reply filed on 05/11/2026 is acknowledged. Claims 1-15 are pending.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 05/11/2026 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
The disclosure is objected to because of the following informalities:
Reference number 25 is used for all of the following: key, protrusion, line, exemplary line, component of exemplary locking mechanism, key component. Each reference numeral should reference only one structure.
Reference number 20 is used for both a locking mechanism, an anchoring mechanism, mechanism and exemplary mechanism, locking system. Each reference numeral should reference only one structure.
Appropriate correction is required.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the spherical projections of claim 15 must be shown or the feature(s) canceled from the claim(s). Currently the projections 67 as shown in Fig. 3E are semi-spherical/half spheres/rounded projections and not a sphere/spherical. No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112(b)
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 1-15 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites “wherein the locking mechanism comprises a rotatable key for reception within an anchor having a corresponding opening for said key”, this is unclear. Is the anchor a part of the container so as to connect two parts of the same container? Is the anchor a part of a different container? Is the applicant claiming both containers? Or the instant container and a frame/apparatus with an anchor structure?
Claim 1 recites “the arm spanning a distance that is bounded by the at least one first cavity”, this is unclear. Does this mean the arm is the entire length of the cavity? Does this mean the arm does not protrude from the cavity? Is this in any position either locked or unlocked? Does the arm always remain within the cavity even when being rotated?
Claim 5 recites “wherein the handle comprises a slot in which a portion of the storage container may travel and a surface on the handle most proximal to the at least one second cavity that enables substantially orthogonal and fixed placement of the handle vis-à-vis the outer surface of the storage container”, this is unclear. How does the storage container travel on the slot? Does the applicant mean the handle may travel in relationship to the storage container? The surface most proximal when? When the handle in parallel to the side wall or when it is orthogonal to the sidewall?
Claim 6 recites “the at least one second cavity comprising a locking mechanism having at least one arm configured to rotate a rotatable key of the locking mechanism”, this is unclear. Claim 6 depends from claim 5 which recites an adjustable handle in the second cavity. Does the cavity have both the locking mechanism and handle? Does the applicant mean the third cavity has a locking mechanism?
The term “substantially” in claims 8-10 is a relative term which renders the claim indefinite. The term “substantially” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Claim 8 recites “wherein the locking mechanism in the at least one first cavity and the locking mechanism in the at least one second cavity”, this is unclear. Claim 8 is dependent from claims 1, 4 and 5 which only recites a locking mechanism in the first cavity and a handle in the second cavity.
Claims 9 and 10 recite “wherein the locking mechanism in the at least one first cavity and the locking mechanism in the at least one third cavity”, this is unclear. Claim 9 depends from claims 1, 4, 5, 6 and 7. No structure has been claimed to be within the third cavity just that there is a third cavity on the bottom surface opposite to the first cavity.
Claim 11 recites the limitation "the at least one second cavity" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claims not specifically mentioned are included due to their dependencies.
Due to the lack of clarity, it is unclear what structure(s) is/are required to meet the limitations are currently recited.
Conclusion
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.
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 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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/L KMET/Examiner, Art Unit 3735
/Anthony D Stashick/Supervisory Patent Examiner, Art Unit 3735
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