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
Claim 6, 7, 9-19 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 01/16/2026
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: reference “234” is shown at least in drawing 6 but the specification fails to associate any structure. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) 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. 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
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 5, and 8 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 5 recites the limitation “wherein the female connector structure is configured to receive the plurality of posts” in line 1-2 is unclear because claim 5 depends from claim 4 and in claim 4 three options for the connection structure are given, including plurality of posts, but in claim 5 applicant never claims that the "plurality of posts" is the male connector. For purpose of examination, the limitation will be interpreted as "wherein the male connector structure is plurality of posts and wherein the female connector structure is configured to receive the plurality of posts".
Claim 8 recites the limitation “wherein the plurality of posts extend upwardly” in line 1 is unclear because claim 8 depends from claim 4 and in claim 4 three options for the connection structure are given, including plurality of posts, but in claim 8 applicant never claims that the "plurality of posts" is the male connector. For purpose of examination, the limitation will be interpreted as "wherein the male connector structure is plurality of posts and wherein the plurality of posts extend upwardly".
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(s) 1-5, 8, 20, and 21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hurley (US 20220176543).
Regarding claim 1, Hurley discloses, A modular tool holder for holding an array of different mechanic’s tools (Fig. 1), comprising: a tool holder component (See annotated fig. below) having opposed first and second faces (See annotated fig. below) each extending upwardly from a base, the first and second faces separated by an intermediate section (See annotated fig. below) contoured to receive and hold a mechanics tool, the tool holder component comprising a male connector (See annotated fig. below) structure disposed along the base of the first face and a female connector (See annotated fig. below) structure disposed along the base of the second face; an abutment wall (See annotated fig. below)structure extending upwardly from a base to a height above the tool holder component, the abutment wall structure having a first wall (See annotated fig. below)and a second wall (See annotated fig. below) spaced from the first wall, a female connector structure (See annotated fig. below) incorporated into the first wall to interconnect with the male connector structure of the tool holder component and a male connector structure (See annotated fig. below) at the base of the second wall to interconnect with the female connector structure of an adjacent tool holder component.
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Regarding claim 2, Hurley discloses, the male connector structure comprising at least one projection member extending from the base of the first face of the tool holder component and from the base of the second wall of the abutment wall structure (See annotated fig. of claim 1).
Regarding claim 3, Hurley discloses, the female connector structure is configured to receive the at least one projection member (Fig. 11; female connectors are shown to receive the male connectors) .
Regarding claim 4, Hurley discloses, the male connector structure is selected from the group including: a plurality of posts (the male connectors are shown to be posts) ; a blade; a plurality of detents.
Regarding claim 5, Hurley discloses, wherein the male connector structure is plurality of posts and wherein the female connector structure is configured to receive the plurality of posts (Fig. 11; the male connectors are shown to be posts and being received by female connectors) .
Regarding claim 8, Hurley discloses , the plurality of posts extend upwardly (the post increases diametrically at the peak as annotated below) and the female connector structure comprises sockets for receiving the plurality of posts (See annotated fig. below).
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Regarding claim 20, Hurley discloses, the abutment wall structure includes an upwardly directed surface for receiving indicia (See annotated fig. below) related to the modular tool holder.
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Regarding claim 21, Hurley discloses the abutment wall structure is configured to receive a label surface (see annotated fig. of claim 20 where indicia is placed).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Herms (US-4406368-A) discloses plurality of containers laterally stacked.
Bisping (US-4114241-A) discloses plurality of containers laterally stacked with male and female connector at the base.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SANJIDUL ISLAM whose telephone number is (571)272-7670. The examiner can normally be reached Monday-Friday 8:30 -5:00.
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, Orlando E. Aviles can be reached at 571-270-5531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SANJIDUL ISLAM/Examiner, Art Unit 3736
/ORLANDO E AVILES/Supervisory Patent Examiner, Art Unit 3736