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 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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1 and 8 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Manalang et al (US Patent no. 8157337).
With respect to claim 1, Manalang discloses a tool caddy (800, figures 24-45) for organizing a plurality of tools on a cart (12, figure 24), the tool caddy comprising: a caddy body (802) comprising a cart-top portion (802) and an overhang portion (see markup above), the caddy body configured to be supported on the cart such that the cart-top portion (802) is above the cart and the overhang portion (1050,1020, figure 25) overhangs the cart, a plurality of tool organizers (1005, figure 26 and 870, 978, figure 25) supported on the caddy body, each tool organizer comprising a plate (1005, figure 26 and 870, 978, figure 25) defining a plurality of tool holes configured to receive portions of tools for holding the tools on the respective plate; and a bin (1060, figure 25) supported on the overhang portion (1020, figure 25) of the caddy body.
With respect to claim 8, Manalang discloses the tool caddy of claim 1, wherein one of the plurality of tool organizers comprises a drill/driver organizer (978), the drill/driver organizer comprising first and second holes sized (the two larger holes 983, figure 28) and arranged for receiving chuck portions of cordless drills and first and second driver holes (two smaller holes of 983, figure 28) sized and arranged for receiving chuck portions of cordless drivers, the driver holes being smaller than the drill holes.
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. Claims 10, 11, 13, and 19 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Ukrainsky et al (US Patent no. D804808).
With respect to claim 10, Ukrainsky discloses a tool caddy (see examiner’s markup above) for organizing a plurality of tools on a cart (intended use), the tool caddy comprising: a caddy body (B) configured to be supported on the cart (intended use), the caddy body having a bottom, a top, and a height extending from the bottom to the top (figure 4), the caddy body further having an inner end (P1) and an outer end (P2) spaced apart along a longitudinal axis, the caddy body defining a lower storage compartment (SC) having a top (perimeter top surface of the walls of the lower storage compartment SC constitute a top); a plurality of tool organizers (T1, T2) supported on the caddy body, each tool organizer comprising a plate (T1, T2) defining a plurality of tool holes (H) configured to receive portions of tools for holding the tools on the respective plate, one of the plurality of tool organizers comprising a moveable organizer (T1); and wherein the moveable organizer (T1) is operably connected to the caddy body such that moveable organizer is moveable in relation to the caddy body between a closed position (FIGURE 1) in which the moveable organizer covers the top of the lower storage compartment and an open position (FIGURE 14) in which the moveable organizer uncovers the top of the lower storage compartment (SC).
Regarding applicant’s recitation of intended use, “for organizing tools on a cart”, a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. In this case, Ukrainsky’s tool caddy is capable of organizing tools on a cart by placing the tool caddy on a cart for example.
With respect to claim 11, Ukrainsky discloses the tool caddy of claim 10, wherein the moveable organizer (T1) has an enclosed bottom (EB).
With respect to claim 13, Ukrainsky discloses the tool caddy of claim 11, wherein the caddy body comprises inner and outer end panels (P1, P2) defining inner and outer ends of the lower storage compartment, respectively, each of the inner and outer end panels extending height-wise from the bottom end (bottom of B) of the caddy body (B) to the moveable organizer (T1).
With respect to claim 19, Ukrainsky discloses a tool caddy for organizing a plurality of tools on a cart (intended use), the tool caddy (SEE MARKUP ABOVE) comprising: a caddy body (B), a plurality of tool organizers (T1, T2) supported on the caddy body, each tool organizer comprising a plate (T1, T2) defining a plurality of tool holes (H) configured to receive portions of tools for holding the tools on the respective plate; and a lower storage compartment (SC) having a selectively closable top opening (N) and configured for receiving loose supplies through the selectively closeable top opening; wherein one of the plurality of tool organizers is a lower tool organizer (T1), the lower tool organizer (T1) having an enclosed bottom (EB), the lower storage compartment (SC) and the lower tool organizer (T1) being selectively moveable in relation to one another between a closed position (FIGURE 1) in which the enclosed bottom covers the selectively closable top opening to close the selectively closable top opening and an open position (FIGURE 14) in which the selectively closable top opening is uncovered; wherein at least one other of the plurality of tool organizers (T2) has an unenclosed bottom (FIGURE 2 shows T2 with unenclosed bottom) such that tools can be inserted through the respective tool openings (H) across the unenclosed bottom.
Regarding applicant’s recitation of intended use, “for organizing tools on a cart”, a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. In this case, Ukrainsky’s tool caddy is capable of organizing tools on a cart by placing the tool caddy on a top surface of a cart for example.
Claims 1, 2, 10, 11, 13-15, and 17-19 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Katz et al (US Patent no. 7032711).
With respect to claim 1, Katz discloses a tool caddy for organizing a plurality of tools on a cart (intended use), the tool caddy (30) comprising: a caddy body (32 and 34, figure 1) comprising a cart-top portion (32) and an overhang portion (34), the caddy body configured to be supported on the cart (intended use) such that the cart-top portion (32) is above the cart and the overhang portion (34) overhangs the cart, a plurality of tool organizers (36, figure 1 and 184, figure 1) supported on the caddy body (32 and 34), each tool organizer comprising a plate (36, 184) defining a plurality of tool holes (183, figure 1 and 71, 73, and unlabelled slots adjacent tabs 234, 236 figure 1) configured to receive portions of tools for holding the tools (holes 183 receives tools/studs 188, figure 1 and holes 71, 73 receive tools/screws 78, figure 5) on the respective plate, and a bin (182) supported on the overhang portion (34) of the caddy body.
Regarding applicant’s recitation of intended use, “for organizing tools on a cart”, a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. In this case, Katz’s tool caddy is capable of organizing tools on a cart by placing the tool caddy top tray of a cart for example.
With respect to claim 2, Katz discloses a tool caddy of claim 1 as advanced above, further comprising a lid (186, figure 1) over the bin (182).
With respect to claim 10, Katz discloses a tool caddy (figures 5-7) for organizing a plurality of tools on a cart (intended use), the tool caddy comprising: a caddy body (32 and 34, figure 9) configured to be supported on the cart (intended use), the caddy body having a bottom, a top, and a height extending from the bottom to the top, the caddy body further having an inner end (106, figure 1) and an outer end (104, figure 7) spaced apart along a longitudinal axis, the caddy body defining a lower storage compartment (compartment defined by partition walls 150, 154, 156, figure 1 for example) having a top (perimeter top surface of the partition walls 150, 154, 156 of the lower storage compartment constitute a top); a plurality of tool organizers (36, figure 1 and 190, figure 12) supported on the caddy body (32 and 34), each tool organizer comprising a plate (36, 194) defining a plurality of tool holes (198, figure 12 and 71, 73, and unlabelled slots adjacent tabs 234, 236 figure 1) configured to receive portions of tools for holding the tools (holes 198 receives tools/studs 188, figure 12 and holes 71, 73 receive tools/screws 78, figure 5) on the respective plate, one of the plurality of tool organizers comprising a moveable organizer (190, figure 12); and wherein the moveable organizer (190, figure 12) is operably connected to the caddy body such that moveable organizer is moveable in relation to the caddy body between a closed position (when 190 is nested within 34) in which the moveable organizer covers the top of the lower storage compartment and an open position (FIGURE 12) in which the moveable organizer uncovers the top of the lower storage compartment.
Regarding applicant’s recitation of intended use, “for organizing tools on a cart”, a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. In this case, Katz’s tool caddy is capable of organizing tools on a cart by placing the tool caddy top tray of a cart for example.
With respect to claim 11, Katz discloses the tool caddy of claim 10, wherein the moveable organizer (190, figure 12) has an enclosed bottom (194, figure 12).
With respect to claim 13, Katz discloses the tool caddy of claim 11, wherein the caddy body comprises inner and outer end panels (106, figure 1 and 104, figure 7 respectively) defining inner and outer ends of the lower storage compartment (compartment defined by partition walls 150, 154, 156, figure 1), respectively, each of the inner and outer end panels extending height-wise from the bottom end (102, figure 7) of the caddy body (34) to the moveable organizer (190).
With respect to claim 14, Katz discloses the tool caddy of claim 13, wherein the outer end panel slopes (104, figure 7) downward in an outboard-of-cart direction along the longitudinal axis.
With respect to claim 15, Katz discloses the tool caddy of claim 14, wherein the plurality of tool organizers further comprises an upper tool organizer (36, figures 1 and 12) at least partially above the outer end panel (106, figure 1), and wherein the upper tool organizer (36, figure 1) has a top and a bottom and one or more of the tool openings (71, figure 1) of the upper tool organizer extend from the top through the bottom of the upper tool organizer.
With respect to claim 17, Katz discloses the tool caddy of claim 15, wherein the upper tool organizer (36, figure 1) has an inner end (inner rim of center rectangular cutout 72, figure 1) and an outer end (outer rim define by (38, 40, 42, 44, figures 1 and 7) and wherein the tool openings of the upper tool organizer include of an inner row of tool openings (unlabelled slots adjacent tabs 234, 236, figure 1) adjacent the inner end of the upper tool organizer and an outer row of tool openings (71 and 73) adjacent the outer end of the upper tool organizer, the tool openings in the outer row of tool openings (71 and 73) being on average larger than the tool openings of the inner row of tool openings (unlabelled slots adjacent tabs 234, 236, figure 1).
With respect to claim 18, Katz discloses the tool caddy of claim 15, wherein the upper tool organizer (36, figure 1) is located above the moveable tool organizer (190) along the height of the caddy body and wherein the upper tool organizer (36, figures 1 and 12) is offset from the moveable tool organizer (190) along the longitudinal axis in an outboard-of-cart direction.
With respect to claim 19, Katz discloses a tool caddy for organizing a plurality of tools on a cart (intended use), the tool caddy comprising: a caddy body (32 and 34), a plurality of tool organizers (36 and 190, figures 1 and 12) supported on the caddy body, each tool organizer comprising a plate (36, 194) defining a plurality of tool holes (198, figure 12 and 71, 73, and unlabelled slots adjacent tabs 234, 236 figure 1) configured to receive portions of tools (see claim 10 discussion above) for holding the tools on the respective plate, and a lower storage compartment (compartment defined by partition walls 150, 154, 156, figure 1 for example) having a selectively closable top opening (perimeter top surface of the partition walls 150, 154, 156 of the lower storage compartment define a top opening) and configured for receiving loose supplies through the selectively closeable top opening; wherein one of the plurality of tool organizers is a lower tool organizer (190, figure 12), the lower tool organizer (190, figure 12) having an enclosed bottom (194), the lower storage compartment and the lower tool organizer being selectively moveable in relation to one another between a closed position (not shown in figure 12) in which the enclosed bottom covers the selectively closable top opening to close the selectively closable top opening and an open position (FIGURE 12) in which the selectively closable top opening is uncovered; wherein at least one other of the plurality of tool organizers (32) has an unenclosed bottom (figures 1 and 5 shows 73 which is similar to 72 with unenclosed bottom) such that tools (such as 78 or similar slender tool) can be inserted through the respective tool openings (72, 73) across the unenclosed bottom.
Regarding applicant’s recitation of intended use, “for organizing tools on a cart”, a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. In this case, Katz’s tool caddy is capable of organizing tools on a cart by placing the tool caddy top tray of a cart for example.
Claim 21 is rejected under 35 U.S.C. 102(a)(2) as being anticipated by Switzer (US Patent no. 7264084).
With respect to claim 21, Switzer discloses a tool caddy (10) for organizing a plurality of tools on a cart (intended use), the tool caddy comprising: a caddy body configured to be supported on the cart (intended use), a plurality of tool organizers (14a, 14c) supported on the caddy body, each tool organizer comprising a plate (14a and 14c) defining a plurality of tool holes (16, figures 1 and 2) configured to receive portions of tools for holding the tools on the respective plate; and a quick-connect fastening system (32, 34, 36, 38, 40, figure 4) configured to releasably fasten the tool caddy to the cart (intended use) without tightening threaded fasteners.
Regarding applicant’s recitation of intended use, “for organizing tools on a cart”, a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. In this case, Switzer’s tool caddy is capable of securing the tool caddy on a cart such as by tying the strap to the cart handle or any components of a cart.
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.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Manalang et al (US Patent no. 8157337).in view of Parker (US Patent no. 12114758).
With respect to claim 9, Manalang discloses the tool caddy of claim 1 as advanced above except wherein at least one of the plurality of tool organizers comprises sheet metal encapsulating a foam insert, wherein each of the respective plurality of tool holes includes a hole portion formed in the sheet metal having a first cross-sectional dimension and a hole portion formed in the foam insert having a second cross-sectional dimension less than the first cross-sectional dimension.
Parker teaches an organizer comprising sheet metal (Parker in column 4, on lines 37-41 ,discloses “The front panel 12 and back panel 14 are preferably formed from a rigid material such as wood, plastic, metal or the like, and may optionally be laminated, coated or otherwise treated to provide a desired surface appearance and/or texture. The core 16 is formed from a resilient foam material” ) encapsulating a foam insert (16), wherein each of the respective plurality of tool holes (20) includes a hole portion (22, figure 3) formed in the sheet metal (12) having a first cross-sectional dimension and a hole portion (opening of 24 and 25 of foam insert 16, figure 3) formed in the foam insert having a second cross-sectional dimension less than the first cross-sectional dimension “forming a friction fit that holds the lipstick tube securely in place “ (column 5, lines 15-20). It would have been obvious to one of ordinary skilled in the art to have provide an organizer within the tool caddy of Manalang that comprises sheet metal encapsulating a foam insert, wherein each of the respective plurality of tool holes includes a hole portion formed in the sheet metal having a first cross-sectional dimension and a hole portion formed in the foam insert having a second cross-sectional dimension less than the first cross-sectional dimension for friction fit of the tool held therein as taught to be desirable by Parker.
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Manalang et al (US Patent no. 8157337).in view of Hay et al (US Publication no. 20040160150).
With respect to claims 21, Manalang discloses a tool caddy (800, figures 24-45) for organizing a plurality of tools on a cart (12, figure 24), the tool caddy comprising: a caddy body (802) configured to be supported on the cart (12, figure 24); a plurality of tool organizers (1005, figure 26 and 870, 978, figure 25) supported on the caddy body, each tool organizer comprising a plate (1005, figure 26 and 870, 978, figure 25) defining a plurality of tool holes configured to receive portions of tools for holding the tools on the respective plate.
However, Manalang does not discloses a quick-connect fastening system configured to releasably fasten the tool caddy to the cart without tightening threaded fasteners.
Hay discloses a tool caddy (50 with compartments 52, 54, figure 7) and a tool organizer plate (53) with a quick-connect fastening system (studs 31, figure 7 are fitted into slots 33 on top of cart) configured to releasably fasten the tool caddy (50) to the cart (10) without tightening threaded fasteners. Such connection has the well-known advantage of providing positive securement between the tool caddy and cart.
It would have been obvious to one of ordinary skilled in the art to have modify Manalang’s assembly such that a quick-connect fastening system configured to releasably fasten the tool caddy to the cart without tightening threaded fasteners as taught to be desirable by Hay for the well-known advantage of providing positive securement between the tool caddy and cart.
Claim 22 is rejected under 35 U.S.C. 103 as being unpatentable over Manalang et al (US Patent no. 8157337).in view of Hay et al (US Publication no. 20040160150) as applied to claim 21 above, and further in view of Brunner et al (US Patent no. 11485542).
With respect to claim 22, Manalang and Hay combined discloses the tool caddy of claim 21 as advanced above. Additionally, Hay teaches the quick-connect fastening system comprising a stud (31, figure 7 in Hay), the stud (31, figure 7) configured to be inserted into a stud opening (33, figure 7 in Hay) formed in a rim of a top tray (18) of the cart (10).
However, Manalang and Hay combined does not discloses a releasable latch secured to the caddy body at spaced apart locations along the longitudinal axis, the releasable latch configured to releasably latch with a catch secured to a bottom of the top tray of the cart.
Brunner discloses a tool caddy (utility units 14 which can be tool box column 3, lines 43-50) for organizing a plurality of tools on a cart (12), the tool caddy comprising: a caddy body (16A, 16B, or 16C) configured to be supported on the cart (12); a quick-connect fastening system (latch 30 and projections on bottom of utility unit 14 engage openings of depressions 28 and 29, see column 6, lines 65-67 wherein Brunner states that “a top bearing face 26 configured with several utility unit positioning depressions 28 and 29. These are positioned and shaped in register with corresponding projections at a bottom surface of a second utility unit to be mounted thereover, e.g. container 16A as discussed in connection with FIG. 1 “) configured to releasably fasten the tool caddy to the cart without tightening threaded fasteners; wherein Brunner discloses the caddy body has a longitudinal axis, the quick-connect fastening system comprising a stud (projections on bottom of utility unit 14 engage openings of depressions 28 and 29, see column 6, lines 65-67) and a releasable latch (94, figure 6A) secured to the caddy body at spaced apart locations along the longitudinal axis, the stud (projections at the bottom of a utility ) configured to be inserted into a stud opening (openings of depressions 28 and 29) formed in a rim of a top tray of the cart, the releasable latch (94, figure 6A) configured to releasably latch with a catch (30, figure 2A) secured to a bottom of the top tray (20) of the cart (12).
It would have been obvious to one of ordinary skilled in the art to have modify the quick-connect fastening system of Manalang and Hay combined such that a releasable latch secured to the caddy body at spaced apart locations along the longitudinal axis, the releasable latch configured to releasably latch with a catch secured to a bottom of the top tray of the cart to further secure the tool caddy onto the cart as taught to be desirable by Brunner.
Claims 21, 24, 26, and 27 are rejected under 35 U.S.C. 103 as being unpatentable over Manalang et al (US Patent no. 8157337).in view of Gugel et al (US Patent no. 5913380).
With respect to claims 21, Manalang discloses a tool caddy (800, figures 24-45) for organizing a plurality of tools on a cart (12, figure 24), the tool caddy comprising: a caddy body (802) configured to be supported on the cart (12, figure 24); a plurality of tool organizers (1005, figure 26 and 870, 978, figure 25) supported on the caddy body, each tool organizer comprising a plate (1005, figure 26 and 870, 978, figure 25) defining a plurality of tool holes configured to receive portions of tools for holding the tools on the respective plate.
However, Manalang does not discloses a quick-connect fastening system configured to releasably fasten the tool caddy to the cart without tightening threaded fasteners.
Gugel teaches fastening a tool caddy (210, figure 8) to a stand (ladder) via a quick-connect fastening system (205, 227, 234 and 236, figures 8-12) configured to releasably fasten the tool caddy (210) to the stand (ladder) without tightening threaded fasteners. Such connection has the well-known advantage of providing positive securement between the tool caddy and the stand to which it is attached.
It would have been obvious to one of ordinary skilled in the art to have modify Manalang’s assembly such that a quick-connect fastening system configured to releasably fasten the tool caddy to the cart without tightening threaded fasteners as taught to be desirable by Gugel for the well-known advantage of providing positive securement between the tool caddy and the stand/cart.
With respect to claim 24, Manalang and Gugel combined discloses the tool caddy of claim 21 as advanced above. Additionally, Gugel teaches wherein the quick-connect fastening system comprises: a removable base (226, figure 8) comprising a catch (227) and a mounting plate (228), the mounting plate (228) defining one or more mounting holes (hole through socket 234, figure 11) configured to receive one or more fasteners (306, figure 12) inserted through a bottom of a top tray (top platform of ladder) for securing the removable base (226, figure 8) to the ladder; and a releasable latch (205, figure 8) secured to the caddy body (210, figure 8) and configured to releasably latch with the catch (227) to secure the caddy body to the removable base.
With respect to claim 26, Manalang and Gugel combined discloses the tool caddy of claim 21 as advanced above, wherein Gugel further teaches the quick-connect fastening system comprises: a removable base (226, figure 8) comprising a channel (227, figure 8) and a mounting plate (228), the mounting plate defining one or more mounting holes (hole through socket 234, figure 8) configured to receive one or more fasteners (236, figure 12) inserted through a bottom of a top tray (top platform of ladder) of the stand (ladder) for securing the removable base to the stand/ladder; and an attachment tab (205, figure 8) secured to the caddy body and configured to be received within the channel (227, figure 8) to secure the caddy body to the removable base.
With respect to claim 27, Manalang and Gugel combined discloses the tool caddy of claim 21 as advanced above. Gugel further teaches the quick-connect fastening system comprises a releasable latch (205, figure 8) secured to the caddy body (220) and a catch (227) secured to a top surface (base 226, figure 8) of the stand/ladder, the releasable latch (205) configured to releasably latch with the catch (227) to secure the caddy body in place on the stand/ladder.
Claims 3-5 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art of record further demonstrate tool holders of interest.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Ko (Korie) H Chan whose telephone number is (571)272-6816. The examiner can normally be reached on Monday -Friday, 8:00 - 5:00 EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Liu can be reached on 571-272-8227. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Ko H Chan/Primary Examiner, Art Unit 3631
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