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 .
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 storage apparatus including a first sidewall having a first length measured from the proximal end to the first distal end and an upper wall having a second length measured from the proximal end to the second distal end, the first length being greater than the second length must be shown or the feature(s) canceled from the claim(s). 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
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
Claim 20 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Namely, the storage apparatus in the ornament (100 in Fig. 13) does not teach a first sidewall having a first length measured from the proximal end to the first distal end and an upper wall having a second length measured from the proximal end to the second distal end wherein the first length is greater than the second length. The disclosed lengths teach the opposite in Figs. 1 and 13.
Claim Rejections - 35 USC § 103
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.
Claims 1-5, 8, 10, 11, 13, 15, and 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over Brindle (2,978,153) in view of Richards (2014/0103785). Brindle teaches a storage apparatus (Fig. 1), comprising: a chamber (a; see annotated figure below); an opening (see Fig. 4, closed off by doors 32), the opening providing access to the chamber; a first sidewall (12), a second sidewall (12), an upper wall (10/101), and a lower wall (16), the first sidewall, the second sidewall, the upper wall, and the lower wall defining the opening to the chamber; a proximal end (front portion with doors), a first distal end (b; rear portion near truck), and a second distal end (c; rear portion near truck), the first sidewall having a first length (d) measured from the proximal end to the first distal end, the first sidewall having a second length (e ) measured from the proximal end to the second distal end, the first length being greater than the second length. For claims 1 and 19, Brindle fails to teach a magnet on the first sidewall and first distal wall. Richards teaches the use of magnets (110a-d) within a housing for holding metal objects (paragraph 0031). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Brindle by add magnets, such as is taught by Richards, on the first sidewall and/or first distal wall, to provide metal article, e.g. tools, holding means there within.
For claim 2, Brindle in view of Richards further teaches a platform (46) between the upper wall and the lower wall.
For claim 3, Brindle in view of Richards further teaches a compartment (Fig. 4) defined by the platform, the first sidewall, the second sidewall, and the lower wall (compartment under 53).
For claim 4, Brindle in view of Richards further teaches that the platform has a platform lip (49).
For claim 5, Brindle in view of Richards further teaches a divider (31) within the compartment.
For claim 8, Brindle in view of Richards further teaches that the lower wall has a compartment lip (29).
For claim 10, Brindle in view of Richards further teaches a second divider within the compartment (dividers within box 54). Furthermore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Brindle in view of Richards by adding an additional divider (31 of Brindle) within the compartment, to further section off the compartment. It has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. MPEP 2144.04
For claim 11, Brindle in view of Richards further teaches a flange on the first sidewall (30 of Brindle), the second sidewall (30), the upper wall (28), and the lower wall (29).
For claim 13, Brindle in view of Richards further teaches a first distal wall (11) that is connected to the first sidewall and the second sidewall.
For claim 15, Brindle in view of Richards further teaches that the chamber is configured to receive a firearm (via one of the magnets or under 53 for riffles).
For claim 17, Brindle in view of Richards further teaches a door (32 of Brindle), the door covering the opening of the chamber.
For claim 18, Brindle in view of Richards further teaches that the door has a lock (column 4, lines 30-31 of Brindle).
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Claims 6, 7, 9, and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Brindle (2,978,153) in view of Richards (2014/0103785) as applied to claims 1-5, 8, 10, 11, 13, 15,and 17-19 above, and further in view of Wood (2015/0374121). As stated above, Brindle in view of Richards teaches the limitations of claims 1 and 13, including first and second side walls and a first distal wall. The divider is attached to the walls via welding or rivets (column 4, lines 43-46). For claims 6, 7, and 14, Brindle in view of Richards fails to teach that indentations are the features holding the dividers within the chamber. Wood teaches a chamber with dividers (304,305) held in place via indentations (502,356) on the side and distal walls. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use an alternate divider attaching means within the chamber, i.e. using the indentations of Wood on the side walls and distal wall of Brindle in view of Richards in place of the welding or rivets presently used, to provide easily inserted and detached dividers within the chamber.
For claim 9, the magnets of Brindle in view of Richards and Wood would be placably anywhere within the chamber, including releasably attached to one of the indentations.
Claims 1, 11-13, 15, 17, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Orsak, Jr (11,955,795) in view of Richards (2014/0103785). Orsak teaches a storage apparatus (Fig. 1), comprising: a chamber (31); an opening (see Fig. 3A, closed off by door 22), the opening providing access to the chamber; a first sidewall (15), a second sidewall (15), an upper wall (12), and a lower wall (a,g; see annotated figure below), the first sidewall, the second sidewall, the upper wall, and the lower wall defining the opening to the chamber; a proximal end (at b), a first distal end (c), and a second distal end (d), the first sidewall having a first length (e) measured from the proximal end to the first distal end, the first sidewall having a second length (f) measured from the proximal end to the second distal end, the first length being greater than the second length. For claims 1 and 19, Orsak fails to teach a magnet on the first sidewall and first distal wall. Richards teaches the use of magnets (110a-d) within a housing for holding metal objects (paragraph 0031). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Orsak by add magnets, such as is taught by Richards, on the first sidewall or first distal wall, to provide metal article, e.g. office implements, holding means there within.
For claim 11, Orsak in view of Richards further teaches a flange (13 of Orsak) on the first sidewall, the second sidewall, the upper wall, and the lower wall.
For claim 12, Orsak in view of Richards further teaches that the flange has a plurality of holes (with 21), each of the plurality of holes adapted to receive a fastener (21).
For claim 13, Orsak in view of Richards further teaches a first distal wall (b) that is connected to the first sidewall and the second sidewall.
For claim 15, Orsak in view of Richards further teaches that the chamber is configured to receive a firearm.
For claim 17, Orsak in view of Richards further teaches a door (22 of Orsak), the door covering the opening of the chamber.
For claim 18, Orsak in view of Richards further teaches that the door has a lock (23 of Orsak).
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Claims 1, 8, 11, 13, 15, 16 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Dillon (6,581,627) in view of Richards (2014/0103785). Dillon teaches a storage apparatus (Fig. 1), comprising: a chamber (22); an opening (see Fig. 1), the opening providing access to the chamber; a first sidewall (52), a second sidewall (52), an upper wall (40), and a lower wall (48,50), the first sidewall, the second sidewall, the upper wall, and the lower wall defining the opening to the chamber; a proximal end (front portion with opening), a first distal end (at 46), and a second distal end (at 42), the first sidewall having a first length measured from the proximal end to the first distal end (between front and 46), the first sidewall having a second length (between front and 42) measured from the proximal end to the second distal end, the first length being greater than the second length. For claims 1 and 19, Dillon fails to teach a magnet on the first sidewall and first distal wall. Richards teaches the use of magnets (110a-d) within a housing for holding metal objects (paragraph 0031). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Dillon by add magnets, such as is taught by Richards, on the first sidewall and/or first distal wall, to provide metal article, e.g. medical instruments, holding means there within.
For claim 8, Dillon in view of Richards further teaches that the lower wall has a compartment lip (20).
For claim 11, Dillon in view of Richards further teaches a flange (20 of Dillon) on the first sidewall, the second sidewall, the upper wall, and the lower wall.
For claim 13, Dillon in view of Richards further teaches a first distal wall (46) that is connected to the first sidewall and the second sidewall.
For claim 15, Dillon in view of Richards further teaches that the chamber is configured to receive a firearm.
For claim 16, Dillon in view of Richards further teaches that the chamber is tapered from the proximal end to the first distal end (Fig. 3 of Dillon).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Dillon (6,581,627) in view of Richards (2014/0103785) as applied to claims 1, 8, 11, 13, 15, 16 and 19 above, and further in view of Orsak, Jr (11,955,795). As stated above, Dillon in view of Richards teaches the limitations of claims 1 and 11, including a flange. The flange can be attached to a wall using conventional means (column 2, lines 14-15). For claim 12, Dillon in view of Richards fails to teaches that fasteners inserted into holes in the flange attach the apparatus to a wall. Orsak teaches an apparatus with a flange (13) that has a plurality of holes (with 21), each of the plurality of holes adapted to receive a fastener (21). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to attach the flange of Dillon in view of Richards to a wall using holes therein and fasteners, such as is taught by Orsak, to securely attach the apparatus to the wall using conventional means.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. References 20150366342; 20090078661; 5118175; 4419939; 4309065; 4155608; 6045105; 9593523; 20190226267; and 3021185 teaches various housings. For claim 20, which does not include an art rejection: CN117323672 teaches a rectangular chamber within a toy. 2013/0200765 and 2005/0028418 teach a chamber within a seat or picture frame having an upper wall with the same or larger length than its first sidewall. 6,581,627 teaches a wall chamber having an upper wall with a smaller length than its first sidewall but fails to teach that the apparatus is part of an ornament attached to a bracket.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JANET M WILKENS whose telephone number is 571-272-6869. The examiner can normally be reached Mon thru Thurs 7am-5:30pm EST.
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Wilkens
February 25, 2026
/JANET M WILKENS/ Primary Examiner, Art Unit 3637