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 .
This Final Office action is in response to the Amendment filed on 8/6/2026.
Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-2, 4-10, 12, 14-16, 18, 20, 22-25 is/are rejected under 35 U.S.C. 103 as being unpatentable over USP 3722974 to Hartman in view of USP 2678866 to Merrett.
Hartman discloses (Claim 1). A container/drawer comprising: a container base (having side margin 34); a container rear wall (col. 1, lines 45-48); a container side wall in the form of a side panel, the side panel comprising a sheet profile made substantially of plastic (col. 2, lines 20-25), wherein the container base is connected to the sheet profile at a first connection point by at least one nailed connection via a nail 36 (col. 2, lines 63-67), wherein one of the container base or the sheet profile connected thereto is configured to be opening-free at least in a region of the at least one nailed connection before a connection by the nail and except for a connection opening generated via the nail; (Claim 2). The container according to claim 1, wherein the first connection point is formed between the container base and a connection web 16,22 of the at least one sheet profile, wherein the connection web is arranged transversely or orthogonally to a side wall 10 of the sheet profile; (Claim 10). The container according to claim 1, wherein the container base or the at least one sheet profile is configured to be depression-free at least in the region of the at least one nailed connection before the connection by the nail and except for the connection opening generated via the nail; (Claim 12). The container according to claim 1, wherein by means of the at least one nailed connection, a play between the profile and the container base can be compensated by pressure on the container base or by tension on the sheet profile; (Claim 14). The container according to claim 1, comprising: the container base, the container rear wall, and the container side wall with the sheet profile substantially made of plastic; and connecting the container base to the sheet profile at the first connection point by the at least one nailed connection via the nail; (Claim 16). The container according to claim 14, wherein immediately before the forming the at least one nailed connection, the container base and the sheet profile are provided without openings at least in a region in which the at least one nailed connection is to be formed and after the forming of the at least one nailed connection, the only opening in the region is the connection opening generated via the nail; (Claim 18). The container according to claim 14, wherein by the at least one nailed connection, a play between the sheet profile and the container base is compensated by pressure on the container base or by tension on the sheet profile; (Claim 20). The container according to claim 2, wherein the side wall of the sheet profile points into an interior space of the container in a state of use of the container.
The differences being that Hartman fails to clearly disclose the limitations in (i) claim 1 of a rear wall holder made substantially of metal or plastic arranged at least partially within the sheet profile; (ii) claims 4, 6-9, 15, 23, 24; (iii) claims 5, 22; (iv) claim 14 of the rear wall holder substantially made of metal or plastic; (v) claim 25; (vi) the method steps of claims 14-16, 18.
Regarding (i), (ii), (iv), Merrett discloses (Claim 1). A drawer/container 1, comprising: a container base 6, a container rear wall 5, and a container side wall 3, 4 in the form of a side panel, the side panel 3,4 comprising a sheet profile made substantially of metal (col. 2, line 26) with a rear wall holder 14 made substantially of metal arranged at least partially within the sheet profile, wherein the container rear wall 5 is connected to the rear wall holder 14 at at least one connection point by at least one nailed connection via a nail 21 (Fig. 4); (Claim 4). The container according to claim 1, wherein the container base 6 or the container rear wall 5 is made of wood (Col. 2, lines 27-30); (Claim 6). The container according to claim 1, wherein the nail 21 has a nail shaft and a nail head, and wherein the nail head is elliptical; (Claim 7). The container according to claim 6, wherein the nail head comprises at least one notch for removing the nail 21 from the container; (Claim 8). The container according to claim 6, wherein the nail shaft comprises at least one profiling for removing the nail from the container; (Claim 9). The container according to claim 1, wherein further comprising: a front wall holder 13 arranged at least partially within the sheet profile 3,4; and a container front wall 2, wherein the container front wall 2 is connected at a second connection point by at least one nailed connection via a nail 17 (Fig. 3); (Claim 14). A method for producing a container according to claim 1, comprising: providing the container base 6, the container rear wall 5, and the container side wall 3,4 with the sheet profile substantially made of metal and the rear wall holder 14 substantially made of metal, and connecting the container rear wall 5 to the rear wall holder 14 at the at least one connection point by at least one nailed connection via a nail 21 (Fig. 4); (Claim 15). The method according to claim 14, wherein the nail 21 is removable from the container 1 via at least one notch arranged on a nail head; (Claim 23). The container according to claim 6, wherein: the nail head is circular; (Claim 24). The container according to claim 8, wherein the at least one profiling is in the form of a thread.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention, in view of Merrett, to modify Hartman to include the limitations in (i) Claim 1 of a rear wall holder made substantially of metal or plastic arranged at least partially within the sheet profile; (ii) claims 4, 6-9, 15, 23, 24: Claim 4 of wherein the container base or the container rear wall is made of wood; Claim 6 of wherein the nail has a nail shaft and a nail head, and wherein the nail head is elliptical; Claim 7 of wherein the nail head comprises at least one notch for removing the nail from the container; Claim 8 of wherein the nail shaft comprises at least one profiling for removing the nail from the container; Claim 9 of wherein further comprising: a front wall holder 13 arranged at least partially within the sheet profile 3,4; and a container front wall 2, wherein the container front wall 2 is connected at a second connection point by at least one nailed connection via a nail 17 (Fig. 3); Claim 15 of wherein the nail is removable from the container via at least one notch arranged on a nail head; Claim 23 of wherein: the nail head is circular; Claim 24 of wherein the at least one profiling is in the form of a thread; (iv) Claim 14 of the rear wall holder substantially made of metal with a reasonable expectation of success in order to increase the overall versatility of the container.
Regarding (iii) claims 5, 22, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Hartman to include the limitations in (iii) Claim 5 of wherein the nail has a longitudinal extent between 13 mm and 20 mm; and Claim 22 of wherein the nail head has a nail head diameter between 14 mm and 16 mm with a reasonable expectation of success in order to increase the overall versatility of the container, since such range appears to be a matter of engineering design choice and well within the level of one having ordinary skill in the art.
Regarding (v) claim 25, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Hartman, as modified, to include the limitations in (v) Claim 25 to further comprising a cover layer attached to the container front wall at least in a region of the second connection point with a reasonable expectation of success in order to increase the overall aesthetic of the container.
Regarding (vi) the method steps of claims 14-16, 18, since Hartman, as modified, discloses all the structural elements recited therein, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to perform the method steps recited therein.
Claim(s) 17, 27-28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hartman, as modified, as applied to claims 12 and 14 above, and further in view of USP 7857404 to Lam et al (hereinafter Lam).
Hartman, as modified, discloses all the elements as discussed above except for the limitations recited in the above-listed claims.
However, Lam discloses a drawer container, comprising: a container base 20, a container rear wall 40, and at least one container side wall 30 in the form of a side panel, the side panel comprising at least one sheet profile with a rear wall holder 50 arranged at least in regions within the at least one sheet profile, the container rear wall 40 is connected to the rear wall holder 50 at at least one connection point by at least one nailed connection via a fastener. Lam further discloses (such as shown in Fig. 4), in the region of an at least one connection point 33, a collar is formed.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention, in view of Lam, to modify Hartman, as modified, to include the limitations in Claim 17 of wherein while forming the at least one mailed connection in a region of the first connection point via the at least one nailed connection: a collar is formed between the container base and the sheet profile such that the container base is pressed against the sheet profile; Claim 27 of wherein a collar is provided to compensate for the play, or the play is between the container base and a side wall of the sheet profile which points into an interior space of the container in a state of use of the container; Claim 28 of wherein: the collar is formed between the container base and the sheet profile such that the container base is pressed against the sheet profile, and such that in a state of use of the container, the container base is pressed up in a vertical direction relative to the sheet profile by the collar with a reasonable expectation of success in order to increase the overall connection between the elements of the container. Regarding the method steps of claim 28, since Hartman, as modified, discloses all the structural elements recited therein, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to perform the method steps recited therein.
Claim(s) 11, 26, 29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hartman in view of Merrett and Lam.
Hartman discloses (Claim 11). A container/drawer comprising: a container base (having side margin 34); a container rear wall (col. 1, lines 45-48); a container side wall in the form of a side panel, the side panel comprising a sheet profile made substantially of plastic (col. 2, lines 20-25), wherein the container base is connected to the sheet profile at a first connection point by at least one nailed connection via a nail 36 (col. 2, lines 63-67), wherein one of the container base or the sheet profile connected thereto is configured to be opening-free at least in a region of the at least one nailed connection before a connection by the nail and except for a connection opening generated via the nail; (Claim 26). The container according to claim 11, wherein in a state of use of the container, the container base is pressed up in a vertical direction relative to the sheet profile; (Claim 29). The container according to claim 11, comprising: providing the container base, the container rear wall, and the container side wall with the sheet profile substantially made of metal or plastic; and connecting the container base to the sheet profile at the first connection point by the at least one nailed connection via the nail.
The differences being that Hartman fails to clearly disclose the limitations in (i) claims 11 and 29 of a rear wall holder made substantially of metal or plastic arranged at least partially within the sheet profile; (ii) the method steps of claim 29.
Regarding (i), Merrett discloses a drawer/container 1, comprising: a container base 6, a container rear wall 5, and a container side wall 3, 4 in the form of a side panel, the side panel 3,4 comprising a sheet profile made substantially of metal (col. 2, line 26) with a rear wall holder 14 made substantially of metal arranged at least partially within the sheet profile, wherein the container rear wall 5 is connected to the rear wall holder 14 at at least one connection point by at least one nailed connection via a nail 21 (Fig. 4). Meanwhile, Lam discloses a drawer container, comprising: a container base 20, a container rear wall 40, and at least one container side wall 30 in the form of a side panel, the side panel comprising at least one sheet profile with a rear wall holder 50 arranged at least in regions within the at least one sheet profile, the container rear wall 40 is connected to the rear wall holder 50 at at least one connection point by at least one nailed connection via a fastener. Lam further discloses (such as shown in Fig. 4), in the region of an at least one connection point 33, a collar is formed.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention, in view of Merrett and Lam, to modify Hartman to include the limitations in (i) Claims 11 and 29 of a rear wall holder made substantially of metal or plastic arranged at least partially within the sheet profile with a reasonable expectation of success in order to increase the overall versatility of the container.
Regarding (ii) the method steps of claim 29, since Hartman, as modified, discloses all the structural elements recited therein, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to perform the method steps recited therein.
Allowable Subject Matter
Claim 19 is allowed.
Claims 3 and 21 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.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 11 in view of Merrett have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HANH VAN TRAN whose telephone number is (571)272-6868. The examiner can normally be reached Monday-Friday 9:00-5:30.
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HVT
October 2, 2026
/HANH V TRAN/Primary Examiner, Art Unit 3637
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