DETAILED ACTION
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: 70 and 72. 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. 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 4 is 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. In particular, claim 4 conflicts with claim 2 by reciting that the at least one mounting structure comprises the hook when claim 2 already recites that the storage component comprises the hook. As such, it is unclear how the hook can be considered the mounting structure and the storage component. For examination purposes the claims will be treated as reciting the hook is part of the storage component.
Claim Rejections - 35 USC § 102
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) 1-11, 13-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Musarella et al. (US 7,314,153).
Regarding claim 1, Musarella discloses a storage accessory 10 comprising: a body, the body having a first portion 14 and a second portion 12 generally opposite the first portion, the body comprising at least one mounting structure (Figure 2); and at least one storage component 18, the storage component comprising a support surface 86/89 configured to support a cord, a hose, and/or a tool.
Regarding claims 2-4, holder 18 is a hook to the degree claimed (see Figure 2) and is movable, see pivots at 88.
Regarding claim 5, the body comprises at least one guide support 96 configured to support the hook relative to the body.
Regarding claims 6 and 7, the at least one guide support comprises a lower guide and an upper guide (bottom of the u shape of guides 96 being a lower guide and an upper guide defined at the sides thereof, e.g. see ramped portion at lead line 98), and each of the lower guide and the upper guide comprise a detent mechanism configured to secure the hook in a lower position or upper position relative to the first portion of the body (col. 7 lines 40-58).
Regarding claims 8 and 18, belt 20 defines a strap coupled to the body to the degree presently claimed.
Regarding claims 9 and 10, see Figure 2 showing the belt clip as claimed.
Regarding claims 11 and 15, Musarella discloses the belt clip storage accessory as applied to claim 1 and including third portion 16. Furthermore, the claim only functionally recites the mounting interface and does not define any specific structure of the engagement structure other being complimentary and defined by lateral sides of the second portion. As such, sides 32 of second portion 12 (see Figure 3) are considered an engagement structure to the degree claimed.
Regarding claim 13, see holes 106 which are configured to receive a fastener therethrough.
Regarding claim 14, the first and second portion are united to form one piece as claimed. Additionally, the method of forming the device is not germane to the issue of patentability of the device itself. Therefore, this limitation has not been given patentable weight other requiring a one-piece body.
Regarding claims 16 and 17, see hook 18 with support surface 86/89 and pivots at 88.
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(s) 12 is rejected under 35 U.S.C. 103 as being unpatentable over Musarella et al. in view of Marshall (US 8,783,534).
Regarding claim 12, Musarella discloses the invention substantially as claimed but does not a y-shaped engagement structure defined by lateral sides of the second portion of the body. Marshall teaches a similar storage accessory with a body portion having a first portion 64 and second portion 160, the second portion having lateral sides defining a y-shape and being capable of use as the claimed engagement structure. Therefore, it would have been obvious to one of ordinary skill in the art at the time of invention to form the second portion of the body as a clip member 160 taught by Marshall in order to provide an alternate belt clip design that is known in the art.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to COREY NELSON SKURDAL whose telephone number is (571)272-9588. The examiner can normally be reached Mon-Fri 9am-4pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathan Newhouse can be reached at 571-272-4544. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/COREY N SKURDAL/Primary Examiner, Art Unit 3734
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