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
Applicant’s election without traverse of Species 2 (Figures 6A-11) in the reply filed on 12/2/2025 is acknowledged. In the reply, Applicant indicated that claims 1-17 read on the elected species. Therefore, claims 18-20 are withdrawn from consideration.
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.
Claims 1-17 are 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 1 is rendered indefinite by the phrase “a panel”, in line 6, since it’s unclear if the panel is referring to one of the plurality of rectilinear-shaped panels defined in line 1 or a different panel. For examination purposes, Examiner interprets the panel defined in line 6 as one of the plurality of panels defined in line 1. Examiner suggests replacing “a panel” with a phrase such as “a panel of the plurality of panels”. Similarly, Examiner suggest replacing “the panel” in line 7 with “the panel of the plurality of panels”.
Claim 4 recites the limitation "the web" in line 1. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, Examiner interprets “the web” as “the first web” defined in claim 3.
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.
Claims 1-4, 7-10 and 12-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Eley (US 7,424,958).
Regarding claim 1, Eley discloses a modular tool tray organizer (modular organizer shown in Fig. 1 is capable of organizing tools thereon), comprising a plurality of rectilinear-shaped panels (panels 12 – See Figs. 1 and 3) intertockable together to form in a desired configuration base of the tool tray organizer (as shown in Fig. 1), the panels comprising: side edges (See four perimeter edges in Fig. 3); a bottom portion (bottom surface at 16 in Fig. 4); a first blade connector (at 38 in Fig. 3 – See Fig. 3 labeled below) projecting from a first side edge (top edge in Fig. 3 – See Fig. 3 labeled below) of a panel (panel 12); a first slot (at 34 in Fig. 3 – See Fig. 3 labeled below) formed in a second side edge (right edge in Fig. 3 – See Fig. 3 labeled below) of the panel for receiving a blade connector; and the panel and a first adjacent panel interconnected by engaging the first blade connector projecting from the panel into a slot of the first adjacent panel (as shown in Fig. 1).
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Regarding claim 2, Eley discloses the first blade connector of the panel comprising a first blade (outer-most portion of 38 in Fig. 3 – which is shown at 28 in Fig. 5A) spaced from the first side edge of the panel (element 28 is spaced from the edge 30 lower portion between 32 and 30, in Fig. 5A).
Regarding claim 3, Eley discloses the first blade connector of the panel comprising a first web (portion between 32 and surface 30 in Fig. 5A in Fig. 5A) extending between the first blade and the first side edge of the panel.
Regarding claim 4, Eley discloses the first web extending between the bottom portion of the panel and a lower edge portion (at 32 in Fig. 5A) of the first blade, wherein the first blade projecting upwardly from the first web to define an upper edge portion.
Regarding claim 7, Eley discloses a second blade connector (See Fig. 3 labeled above) projecting from a third side edge (left edge of 12 in Fig. 3 – See Fig. 3 labeled above) of the panel adjacent the first side edge of the panel and a second slot (See Fig. 3 labeled above) formed in a fourth side edge (bottom edge of 12 in Fig. 3 – See Fig. 3 labeled above) of the panel adjacent the second side edge of the panel.
Regarding claim 8, Eley discloses the second blade connector comprising a second blade (outer-most portion of 38 in Fig. 3 – which is shown at 28 in Fig. 5A) spaced from the third side edge of the panel (element 28 is spaced from the edge 30 lower portion between 32 and 30, in Fig. 5A).
Regarding claim 9, Eley discloses the second blade connector comprising a second web (portion between 32 and surface 30 in Fig. 5A in Fig. 5A) extending between the second blade and the third side edge of the panel.
Regarding claim 10, Eley discloses the second web extending between the bottom portion of the panel and a lower edge portion (at 32 in Fig. 5A) of the second blade, wherein the second blade projecting upwardly from the second web to define an upper edge portion.
Regarding claim 12, Eley discloses a fourth lip (lip shown between 22 and 24 in Fig. 5A) extending along the second slot, wherein a lip of a blade connector of a third adjacent panel sliding over the fourth lip of the second slot of the panel to lock together the fourth lip of the panel with the lip of the blade connector of the third adjacent panel.
Regarding claim 13, Eley discloses the panel is configured to define a top portion (at 14) and plurality of sockets (at 20 in Fig. 2) extending downwardly from the top portion.
Regarding claim 14, Eley discloses the sockets occupy substantially the entire area of the panel.
Regarding claim 15, Eley discloses at least one tool holder (at 54) capable of receiving a mechanics tool, the tool holder comprising a downwardly extending projection capable of being received into least one socket of a panel.
Regarding claim 16, Eley discloses a wall structure comprising a plurality of wall sections (two horizontal wall sections 54 in Fig. 9), at least one downwardly extending projection (at 56) extending downwardly from the wall sections to be receivable within at least one socket of a panel, with the wall section extending along the top portion of the panel.
Regarding claim 17, Eley discloses a handle (element at 54 can be considered a handle since it can be grasped by the user) engageable with at least one panel (as shown in Fig. 8), the handle comprising a manually graspable section (main body of 54) and a base section (at 58 in Fig. 7), and either a handle blade connector (at 56 in Fig. 7) projecting from the base section of the handle to be receivable within a second slot of the panel or a handle slot disposed in the base section of the handle to receive a blade connector of the panel.
Allowable Subject Matter
Claims 5-6 and 11 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
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVEN A REYNOLDS whose telephone number is (571)272-9959. The examiner can normally be reached M-F 9am-5pm.
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, Anthony Stashick can be reached at (571) 272-4561. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/STEVEN A. REYNOLDS/Primary Examiner, Art Unit 3735