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 .
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 7 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.
Regarding claim 7, the following limitation “wherein the plurality of magnets are configured to reversibly engage with each of the plurality of lids” is unclear and confusing. How can the magnets reversibly engage the lids? Is the applicant claiming that the magnets are attachable and detachable from the dividers and the lids? Is the applicant claiming that each side of the magnets are attachable to the lids? The metes and bounds of the claim limitation are unclear. Appropriate correction is required.
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, 3-4, 12, and 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Schlotte 5,332,106 in view of Vaughn 5,660,284 and Carney 5,127,616.
Regarding claim 1, Schlotte discloses a culinary equipment storage system (Fig 1) comprising: a modular storage apparatus (Fig 1) comprising: a bottom surface (annotated Fig 1 below); a front end (annotated Fig 1 below) disposed orthogonally to the bottom surface (annotated Fig 1 below), the front end (annotated Fig 1 below) having a front end width (annotated Fig 1 below); a back end (annotated Fig 1 below) disposed orthogonally to the bottom surface (annotated Fig 1 below), the back end (annotated Fig 1 below) having a back end width (annotated Fig 1 below); a plurality of dividers (annotated Fig 1 below) (Fig 1, #13 & (#14 & #26 combined)) disposed orthogonally to the bottom surface (annotated Fig 1 below) between the front end (annotated Fig 1 below) and the back end (annotated Fig 1 below), each of the plurality of dividers (annotated Fig 1 below) (Fig 1, #13 & (#14 & #26 combined)) having a divider width (annotated Fig 1 below); and a plurality of storage slots (annotated Fig 1 below) disposed between the front end (annotated Fig 1 below), the plurality of dividers (annotated Fig 1 below) (Fig 1, #13 & (#14 & #26 combined)), and the back end (annotated Fig 1 below), and the front end (annotated Fig 1 below), the back end (annotated Fig 1 below), and the plurality of dividers (annotated Fig 1 below) (Fig 1, #13 & (#14 & #26 combined)) extending vertically from the bottom surface (annotated Fig 1 below), wherein the front end (annotated Fig 1 below), the back end (annotated Fig 1 below), and the plurality of dividers (annotated Fig 1 below) (Fig 1, #13 & (#14 & #26 combined)) are parallel to one another.
PNG
media_image1.png
992
1320
media_image1.png
Greyscale
PNG
media_image2.png
871
958
media_image2.png
Greyscale
Schlotte has been discussed above but does not explicitly teach the culinary equipment storage system comprising a plurality of lids, each of the plurality of lids having a corresponding handle, wherein the corresponding handle of each of the plurality of lids is supported by a top surface of one of the front end, the back end, and the plurality of dividers such that a portion of each of the plurality of lids is housed by one of the plurality of storage slots.
Vaughn discloses a culinary equipment storage system (Figs 1 & 4, #10) comprising a plurality of lids (Figs 1 & 4, #12), each of the plurality of lids (Figs 1 & 4, #12) having a corresponding handle (annotated Figs 1 & 4 below), wherein the corresponding handle (annotated Fig 1 below) of each of the plurality of lids (Fig 1, #12) rests upon and is supported by a top surface (Figs 1 & 4, #22) of one of a front end (annotated Figs 1 & 4 below), a back end (annotated Figs 1 & 4 below), and a plurality of dividers (annotated Figs 1 & 4 below) such that a portion of each of the plurality of lids (Fig 1, #12) is housed by one of a plurality of storage slots (as shown in Fig 1) (i.e. spaces between each top surface #22).
PNG
media_image3.png
869
1281
media_image3.png
Greyscale
PNG
media_image4.png
763
1116
media_image4.png
Greyscale
Carney teaches that it is old and well known in the art for a culinary storage apparatus (Fig 1, #100) to be used to hold pot lids and/or cooking utensils such as spoons (Abstract).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to expand the length and storage space of the culinary equipment storage system (Schlotte, Fig 1) of Schlotte to have at least four storage slots (Schlotte, annotated in modified Fig 1 below) as taught by Vaughn (Vaughn teach having 5 storage slots) in order to store more items on the culinary equipment storage system (Schlotte, Fig 1) of Schlotte.
PNG
media_image5.png
965
1512
media_image5.png
Greyscale
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to insert pot lids (Vaughn, Figs 1 & 4, #12) in the storage slots (Schlotte, annotated in modified Fig 1 above) of modified Schlotte with the handles (Vaughn, annotated Figs 1 & 4 above) being supported by the top surfaces of the frond end (Schlotte, annotated in modified Fig 1 above), the back end (Schlotte, annotated in modified Fig 1 above), and the plurality of dividers (Schlotte, annotated in modified Fig 1 above) of the culinary equipment storage system (Schlotte, modified Fig 1) of modified Schlotte in order to store and support the pot lids (Vaughn, Figs 1 & 4, #12) of modified Schlotte in an organized manner in a kitchen environment. Further, if the pot lids (Vaughn, Figs 1 & 4, #12) are hot storing the pot lids (Vaughn, Figs 1 & 4, #12) within the respective storage slots (Schlotte, annotated in modified Fig 1 above) of modified Schlotte will let the pot lids (Vaughn, Figs 1 & 4, #12) cool off while protecting counter top surfaces in a kitchen. Further Carney teaches that it is old and well known in the art for a culinary storage apparatus (Carney, Fig 1, #100) to be used to hold pot lids and/or cooking utensils such as spoons (Carney, Abstract).
Regarding claim 3, modified Schlotte discloses the culinary equipment storage system wherein the plurality of dividers (Schlotte, annotated in modified Fig 1 above) are comprised of a first divider (Schlotte, annotated in modified Fig 1 below), a second divider (Schlotte, annotated in modified Fig 1 below), and a third divider (Schlotte, annotated in modified Fig 1 below).
PNG
media_image6.png
1010
1511
media_image6.png
Greyscale
Regarding claim 4, modified Schlotte discloses the culinary equipment storage system wherein the plurality of storage slots (Schlotte, annotated in modified Fig 1 above) are comprised of: a first storage slot (Schlotte, annotated in modified Fig 1 above) between the back end (Schlotte, annotated in modified Fig 1 above) and the first divider (Schlotte, annotated in modified Fig 1 above); a second storage slot (Schlotte, annotated in modified Fig 1 above) between the first divider (Schlotte, annotated in modified Fig 1 above) and the second divider (Schlotte, annotated in modified Fig 1 above); a third storage slot (Schlotte, annotated in modified Fig 1 above) between the second divider (Schlotte, annotated in modified Fig 1 above) and the third divider (Schlotte, annotated in modified Fig 1 above); and a fourth storage slot (Schlotte, annotated in modified Fig 1 above) between the third divider (Schlotte, annotated in modified Fig 1 above) and the front end (Schlotte, annotated in modified Fig 1 above).
Regarding claim 12, modified Schlotte discloses a culinary equipment storage system comprising:
a modular storage apparatus (Schlotte, modified Fig 1) comprising:
a bottom surface (Schlotte, shown in modified Fig 1);
a front end (Schlotte, annotated in modified Fig 1 above) disposed orthogonally to the bottom surface, the front end (Schlotte, annotated in modified Fig 1 above) having a front end width (Schlotte, annotated in modified Fig 1 above);
a back end (Schlotte, annotated in modified Fig 1 above) disposed orthogonally to the bottom surface, the back end (Schlotte, annotated in modified Fig 1 above) having a back end width (Schlotte, annotated in modified Fig 1 above);
a plurality of dividers (Schlotte, annotated in modified Fig 1 above) disposed orthogonally to the bottom surface between the front end (Schlotte, annotated in modified Fig 1 above) and the back end (Schlotte, annotated in modified Fig 1 above), the plurality of dividers (Schlotte, annotated in modified Fig 1 above) comprising:
a first divider (Schlotte, annotated in modified Fig 1 above), a second divider (Schlotte, annotated in modified Fig 1 above), and a third divider (Schlotte, annotated in modified Fig 1 above); the plurality of dividers (Schlotte, annotated in modified Fig 1 above) each having a divider width (Schlotte, annotated in modified Fig 1 above);
a plurality of storage slots (Schlotte, annotated in modified Fig 1 above) disposed between the front end (Schlotte, annotated in modified Fig 1 above), the plurality of dividers (Schlotte, annotated in modified Fig 1 above), and the back end (Schlotte, annotated in modified Fig 1 above), the plurality of storage slots (Schlotte, annotated in modified Fig 1 above) comprising:
a first storage slot (Schlotte, annotated in modified Fig 1 above) between the back end (Schlotte, annotated in modified Fig 1 above) and the first divider (Schlotte, annotated in modified Fig 1 above),
a second storage slot (Schlotte, annotated in modified Fig 1 above) between the first divider (Schlotte, annotated in modified Fig 1 above) and the second divider (Schlotte, annotated in modified Fig 1 above),
a third storage slot (Schlotte, annotated in modified Fig 1 above) between the second divider (Schlotte, annotated in modified Fig 1 above) and the third divider (Schlotte, annotated in modified Fig 1 above), and
a fourth storage slot (Schlotte, annotated in modified Fig 1 above) between the third divider (Schlotte, annotated in modified Fig 1 above) and the front end (Schlotte, annotated in modified Fig 1 above); and the front end (Schlotte, annotated in modified Fig 1 above), the back end (Schlotte, annotated in modified Fig 1 above), and the plurality of dividers (Schlotte, annotated in modified Fig 1 above) extending vertically from the bottom surface,
wherein the front end (Schlotte, annotated in modified Fig 1 above), the back end (Schlotte, annotated in modified Fig 1 above), and the plurality of dividers (Schlotte, annotated in modified Fig 1 above) are parallel to one another; and
a plurality of lids (Vaughn, Figs 1 & 4, #12) comprising:
a small lid (Vaughn, annotated Fig 1 below) having a small handle (Vaughn, annotated Fig 1 below), the small handle (Vaughn, annotated Fig 1 below) configured to rest upon and be supported by a top surface of the front end (Schlotte, annotated in modified Fig 1 above) such that a portion of the small lid (Vaughn, annotated Fig 1 below) is housed by the fourth storage slot (Schlotte, annotated in modified Fig 1 above); a first intermediate lid (Vaughn, annotated Fig 1 below) having a first intermediate handle (Vaughn, annotated Fig 1 below), the first intermediate handle (Vaughn, annotated Fig 1 below) configured to rest upon be supported by a top surface of the third divider (Schlotte, annotated in modified Fig 1 above) such that a portion of the first intermediate lid (Vaughn, annotated Fig 1 below) is housed by the third storage slot (Schlotte, annotated in modified Fig 1 above); a second intermediate lid (Vaughn, annotated Fig 1 below) having a second intermediate handle (Vaughn, annotated Fig 1 below), the second intermediate handle (Vaughn, annotated Fig 1 below) configured to rest upon be supported by a top surface of the second divider (Schlotte, annotated in modified Fig 1 above) such that a portion of the second intermediate lid (Vaughn, annotated Fig 1 below) is housed by the second storage slot (Schlotte, annotated in modified Fig 1 above); and a large lid (Vaughn, annotated Fig 1 below) having a large handle (Vaughn, annotated Fig 1 below), the large handle (Vaughn, annotated Fig 1 below) configured to rest upon and be supported by a top surface of the first divider (Schlotte, annotated in modified Fig 1 above) such that a portion of the large lid (Vaughn, annotated Fig 1 below) is housed by the first storage slot (Schlotte, annotated in modified Fig 1 above).
PNG
media_image7.png
1346
1315
media_image7.png
Greyscale
Regarding claims 17 and 18, modified Schlotte discloses the culinary equipment storage system (Schlotte, modified Fig 1) wherein the modular storage apparatus (Schlotte, modified Fig 1) further comprising a left side (Schlotte, annotated in modified Fig 1 below), a right side (Schlotte, annotated in modified Fig 1 below), and a top side (Schlotte, annotated in modified Fig 1 below), wherein each of the plurality of storage slots (Schlotte, annotated in modified Fig 1 above) is at least partially open to an environment along the left side (Schlotte, annotated in modified Fig 1 below) and the right side (Schlotte, annotated in modified Fig 1 below), and wherein each of the plurality of storage slots (Schlotte, annotated in modified Fig 1 above) is fully open along the top side (Schlotte, annotated in modified Fig 1 below).
PNG
media_image8.png
975
1837
media_image8.png
Greyscale
Regarding claims 19 and 20, modified Schlotte discloses the culinary equipment storage system wherein each of the plurality of storage slots (Schlotte, annotated in modified Fig 1 above) is partially defined by a flat portion (Schlotte, annotated in modified Fig 1 below) of the bottom surface (Schlotte, annotated in modified Fig 1 below).
PNG
media_image9.png
995
1837
media_image9.png
Greyscale
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of Schlotte 5,332,106; Vaughn 5,660,284; and Carney 5,127,616; and further in view of Murphy 5,046,624.
Regarding claim 2, modified Schlotte discloses a culinary equipment storage system wherein each divider width (Schlotte, annotated in modified Fig 1 above) are each greater than the front end width (Schlotte, annotated in modified Fig 1 above), and wherein the back end width (Schlotte, annotated in modified Fig 1 above) and each divider width (Schlotte, annotated in modified Fig 1 above) are each greater than the front end width (Schlotte, annotated in modified Fig 1 above).
PNG
media_image5.png
965
1512
media_image5.png
Greyscale
Modified Schlotte has been discussed above but does not explicitly teach wherein each divider width is equal and the back end width is equal to each divider width.
Murphy discloses a surgical instrument stand (Fig 1) that is capable of being used as a culinary equipment storage system comprising a back end (annotated Fig 2 below) having a back end width (annotated Fig 2 below) and a plurality of dividers (annotated Fig 2 below) each having a divider width (annotated Fig 2 below), wherein each divider width (annotated Fig 2 below) is equal and the back end width (annotated Fig 2 below) is equal to each divider width (annotated Fig 2 below).
PNG
media_image10.png
440
1126
media_image10.png
Greyscale
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify each of the divider widths (Schlotte, annotated in modified Fig 1 above) of modified Schlotte and the back end width (Schlotte, annotated in modified Fig 1 above) of modified Schlotte to be equal to each other as taught by Murphy in order to make the modular storage apparatus (Schlotte, Fig 1) of Schlotte more aesthetically appealing. Further, such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art.
Claims 5 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Schlotte 5,332,106; Vaughn 5,660,284; and Carney 5,127,616; and further in view of Nathan 2021/0100403.
Regarding claims 5 and 13, modified Schlotte has been discussed above but does not explicitly teach wherein the modular storage apparatus further comprises: a plurality of magnets disposed within at least one of the: front end, back end, first divider, second divider, and third divider.
Nathan discloses a modular storage apparatus (Fig 7) further comprising: a plurality of magnets (#746) [0038] disposed within at least one of a: front end (annotated Fig 7 below), back end, first divider (annotated Fig 7 below), second divider, and third divider.
PNG
media_image11.png
513
1411
media_image11.png
Greyscale
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to attach magnets (Nathan, Fig 7, #746) to the front end (Schlotte, annotated in modified Fig 1 above) of the modular storage apparatus (Schlotte, modified Fig 1 above) of modified Schlotte in order to connect the modular storage apparatus (Schlotte, modified Fig 1 above) of modified Schlotte to a second identical modular storage apparatus so that Schlotte can store more items.
Claims 5-9 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over the combination of the combination of Schlotte 5,332,106; Vaughn 5,660,284; and Carney 5,127,616; and further in view of Ho 2014/0183148.
Regarding claims 5 and 13, modified Schlotte has been discussed above but does not explicitly teach wherein the modular storage apparatus further comprises: a plurality of magnets disposed within at least one of the: front end, back end, first divider, second divider, and third divider.
Ho discloses a modular storage apparatus (Fig 4b) further comprising: a plurality of magnets (annotated Fig 4b below) [0030] disposed within at least one of a: front end, back end, first divider (annotated Fig 4b below), second divider, and third divider.
PNG
media_image12.png
605
763
media_image12.png
Greyscale
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to attach magnets (Ho, Fig annotated 4b above) to at least one of or each of the front end (Schlotte, annotated in modified Fig 1 above), back end (Schlotte, annotated in modified Fig 1 above), the first divider (Schlotte, annotated in modified Fig 1 above), or the second divider (Schlotte, annotated in modified Fig 1 above) of modified Schlotte in order to magnetically attach kitchen accessories or items such as the lids (Vaughn, Figs 1 & 4, #12) of Vaughn to the modular storage apparatus (Schlotte, modified Fig 1) of modified Schlotte so that modifed Schlotte can store more items or store the (Vaughn, Figs 1 & 4, #12) of Vaughn more securely.
Regarding claim 6, modified Schlotte discloses the culinary equipment storage system further comprising: wherein the one or more plurality of lids (Vaughn, Figs 1 & 4, #12) comprise:
a small lid (Vaughn, annotated Fig 1 below);
a first intermediate lid (Vaughn, annotated Fig 1 below);
a second intermediate lid (Vaughn, annotated Fig 1 below); and
a large lid (Vaughn, annotated Fig 1 below).
PNG
media_image7.png
1346
1315
media_image7.png
Greyscale
Regarding claim 7, as best understood, modified Schlotte discloses the culinary equipment storage system wherein the plurality of magnets (i.e. Ho, Fig annotated 4b above) reversibly engage with each of the one or more plurality of lids (Vaughn, Figs 1 & 4, #12) in magnetic communication (as explained in the rejection of claim 5 above).
Regarding claim 8, modified Schlotte discloses the culinary equipment storage system wherein:
the small lid (Vaughn, annotated Fig 1 above) is housed by the fourth storage slot (Schlotte, annotated in modified Fig 1 above), the first intermediate lid (Vaughn, annotated Fig 1 above) is housed by the third storage slot (Schlotte, annotated in modified Fig 1 above), the second intermediate lid (Vaughn, annotated Fig 1 above) is housed by the second storage slot (Schlotte, annotated in modified Fig 1 above), and the large lid (Vaughn, annotated Fig 1 above) is housed by the first storage slot (Schlotte, annotated in modified Fig 1 above) .
Regarding 9, modified Schlotte discloses the culinary equipment storage system wherein the corresponding handle of each of the plurality of lids (Vaughn, annotated Fig 1 above) are comprised of:
a small handle (Vaughn, annotated Fig 1 above) disposed atop the small lid (Vaughn, annotated Fig 1 above);
a first intermediate handle (Vaughn, annotated Fig 1 above) disposed atop the first intermediate lid (Vaughn, annotated Fig 1 above);
a second intermediate handle (Vaughn, annotated Fig 1 above) disposed atop the second intermediate lid (Vaughn, annotated Fig 1 above); and
a large handle (Vaughn, annotated Fig 1 above) disposed atop the large lid (Vaughn, annotated Fig 1 above).
Claims 10 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Schlotte 5,332,106; Vaughn 5,660,284; and Carney 5,127,616; Ho 2014/0183148; and further in view of Schmidt 2008/0060205.
Regarding claims 10 and 15, modified Schlotte has been discussed above but does not explicitly teach the culinary equipment storage system wherein the plurality of magnets are disposed within a top surface of the front end, the first divider, the second divider, and the third divider.
Schmidt discloses a culinary equipment storage system (Fig 1, #1) comprising a plurality of magnets (annotated Fig 1 below); wherein the plurality of magnets (annotated Fig 1 below) are disposed within a top surface (Fig 1, #13) [0024] of the culinary equipment storage system (Fig 1, #1).
PNG
media_image13.png
782
828
media_image13.png
Greyscale
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to mount a plurality of magnets (Schmidt, annotated Fig 1 above) within a top surface of the front end (Schlotte, annotated in modified Fig 1 above), the first divider (Schlotte, annotated in modified Fig 1 above), the second divider (Schlotte, annotated in modified Fig 1 above), and the third divider (Schlotte, annotated in modified Fig 1 above) of modified Schlotte in order to attach more objects (i.e. magnetically attachable objects) to modular storage apparatus (Schlotte, Fig 1) of modified Schlotte.
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over the combination Schlotte 5,332,106; Vaughn 5,660,284; and Carney 5,127,616; and further in view of Cartwright 2006/0255031.
Regarding claim 21, modified Schlotte has been discussed above but does not explicitly teach the culinary equipment storage system wherein the modular storage apparatus is covered in a fabric covering.
Cartwright discloses a storage apparatus (Figs 1-3, #10) that is covered in a fabric covering (Fig 2, #200).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to cover the modular storage apparatus (Schlotte, Fig 1) of modified Schlotte in a fabric covering (Cartwright, Fig 2, #200) in order to make the modular storage apparatus (Schlotte, Fig 1) of modified Schlotte decorative and more aesthetically appealing as taught by Cartwright.
Allowable Subject Matter
Claims 11 and 16 are allowed.
Response to Arguments
Applicant's arguments filed 05/14/2026 have been fully considered but they are not persuasive.
The applicant’s arguments that “The Examiner alleges that the combination of Schlotte, Vaughn, and Carney renders claim 1 obvious. Specifically, the Examiner alleges that Vaughn teaches the claim 1 limitation, "wherein the corresponding handle of each of the plurality of lids is supported by, a top surface of one of the front end, the back end, and the plurality of dividers." Applicant respectfully disagrees. Vaughn discloses a container lid rack where "container lids stored in the rack of the present invention are held at an optimum storage angle by a combination of adjustable rests and stops which are spaced by the user to hold the desired number of lids in this optimum storage position." However, Vaughn's crosspieces function as rests and stops to hold lids at an angle, not as dividers with top surfaces configured to support lid handles. Vaughn states that, the crosspieces 34 will be positioned at locations along the bracket members 26 to serve as rests 22 or stops 24. The user of the rack can easily position the crosspieces 34 in the locations along the bracket members 26 so that even a very diverse collection of cooking container lids will be supported at an optimum storage angle. The rests 22 will be located along what will be the front of the rack or edge 28 as shown in FIG. 2. These crosspieces are horizontal members that support the lids at an angle, whereas the present claims require that the top surface of one of the front end, the back end, and the plurality of dividers supports the corresponding handle for each of the plurality of lids. Meaning, the top surfaces support both the corresponding handle and the lid itself. Thus, Applicant respectfully submits that Vaughn does not disclose at least the claim 1 limitation of, "wherein the corresponding handle of each of the plurality of lids is supported by, a top surface of one of the front end, the back end, and the plurality of dividers. Claim 12 similarly recites handles configured to be supported by top surfaces of the front end and dividers such that portions of the lids are housed by the storage slots. For the same reasons discussed above, Vaughn fails to teach or suggest these limitations” are not persuasive.
In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
In the instant case, the examiner maintains that Schlotte is the base reference that discloses dividers (Schotte, annotated Fig 1 above), a front end (Schotte, annotated Fig 1 above) and a back end (Schotte, annotated Fig 1 above).
Vaughn, teaches storing lids (Vaughn, Figs 1 & 4, #12) in a substantially vertical substantial vertical orientation each of the plurality of lids (Vaughn, Figs 1 & 4, #12) having a corresponding handle (Vaughn, annotated Figs 1 & 4 above), wherein the corresponding handle (Vaughn, annotated Fig 1 above) of each of the plurality of lids (Vaughn, Fig 1, #12) rests upon and is supported by a top surface (Vaughn, Figs 1 & 4, #22) of one of a front end (Vaughn, annotated Figs 1 & 4 above), a back end (Vaughn, annotated Figs 1 & 4 above), and a plurality of dividers (Vaughn, annotated Figs 1 & 4 above) such that a portion of each of the plurality of lids (Vaughn, Fig 1, #12) is housed by one of a plurality of storage slots (Vaughn, as shown in Fig 1) (i.e. Vaughn, spaces between each top surface #22).
Carney teaches that it is old and well known in the art for a culinary storage apparatus (Fig 1, #100) to be used to hold pot lids and/or cooking utensils such as spoons (Abstract).
The examiner maintains that when the lids (Vaughn, Figs 1 & 4, #12) of Vaughn are stored in the storage apparatus (Schotte, Fig 1) of Schotte, the handles (Vaughn, annotated Fig 1 above) of Vaughn will rest upon the top surfaces of the front end, (Schotte, annotated Fig 1 above) the back end (Schotte, annotated Fig 1 above) and the dividers (Schotte, annotated Fig 1 above) with the bottom portions of the lids (Vaughn, Figs 1 & 4, #12) being located in the storage slots (Schotte, annotated Fig 1 above) of Schotte. Carney teaches that it is old and well known in the art for a culinary storage apparatus (Fig 1, #100) to be used to hold pot lids and/or cooking utensils such as spoons (Abstract).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEVIN K BARNETT whose telephone number is (571)270-1159. The examiner can normally be reached Monday-Friday 11am-7:30pm.
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, Jonathan Liu can be reached at 571-272-8227. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/DEVIN K BARNETT/Primary Examiner, Art Unit 3631
Prosecution Insights