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 § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lackie (US 5439108 A) in view of US Asenbauer (3421656 A).
Lackie discloses:
1. A modular storage system (figs 1-2) comprising: a modular storage container (1) comprising: a housing (adjacent 5); an internal compartment defined by the housing (inside); and a lid coupled to the housing (adjacent 4); a first tray positioned within the internal compartment (top 9), a second tray positioned within the internal compartment (9 just below first tray), and wherein the first tray and second tray are each configured to support a plurality of tools or accessories (capable of performing the above intended use, such as with channels within device shown in fig 1); with the exception of the following which is disclosed by Asenbauer: the first tray comprising a channel defined by a bottom surface and the second tray comprising a rod configured to be received within the channel of the first tray, the rod defining an outer rear edge of the secondary tray and a pivot axis and wherein the first tray is pivotable with respect to the second tray about the pivot axis, (figs 1-34, as for example tray in fig 17-19 with rod adjacent 28 and channel at bottom adjacent 38 as for example shown in fig 1, 2, capable of performing the above intended use of the tray pivoting such as if the user grasps and lifts up and down one end opposite the rod, and the device would pivot between engagement of the rod and channel; outer rear edge as in as for example shown in Asenbauer figs 17, 18, such as around on perimeter of device, such as in figs 17, 18). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify Lackie in view of Asenbauer (by providing the above elements to the trays) in order to provide secure stacking between the elements in order to further protect the intended contents.
The Combined Reference discloses:
2. The modular storage system of claim 1, wherein the rod extends along a rear edge of the second tray and is oriented along a minor axis of the second tray (as for example shown in Asenbauer figs 17, 18).
3. The modular storage system of claim 1, wherein the first tray is positioned between the lid and the second tray (Lackie as in fig 2).
4. The modular storage system of claim 1, wherein the channel of the first tray further comprises one or more engagement surfaces that interface against the rod when the first tray is pivoted (Asenbauer surfaces within 38, as in figs 1, 2, 17, 18).
5. The modular storage system of claim 4, wherein the one or more engagement surfaces each have a concave shape relative to the second tray (shape shown in figs 1, 2, 17, 18 in Asenbauer).
6. The modular storage system of claim 1, wherein the channel of the first tray defines an elongate opening, and wherein the elongate opening extends along a minor axis of the second tray when the first tray is engaged with the second tray (figs 1, 2, 17, 18 in Asenbauer).
7. The modular storage system of claim 1, wherein the second tray further comprises a storage channel extending along a channel longitudinal axis, wherein the channel longitudinal axis extends at an angle relative to a minor axis of the second tray and a major axis of the second tray, and wherein the storage channel is configured to support a tool or accessory (Channels within trays as in figs 1, 2 Lackie capable of performing the above intended use of holding tools; with respect to the angle, the elements include an angle such as 0 degree angle and a 90 degree angle).
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over the Combined Reference as applied to claim 7 above, and further in view of Beaty (US D372582 S)
The Combined Reference discloses the claimed invention above with the exception of the following which is disclosed by Beaty: wherein the angle that the channel longitudinal axis at is orientated between 55 and 70 degrees relative to the minor axis of the second tray (such as angles channel shown in fig 1-8, such as fig 1 and 6). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the Combined Reference in view of Beaty (by providing an angle to any of the recesses or all of the recesses) in order to enhance removal and access of the intended contents, while also distinguishing different recesses from one another in order to distinguish different intended contents to be held. Furthermore, it would have been obvious to one of ordinary skill in the art at the time of the invention to provide a specific range because it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges was an obvious extension of the prior teachings. In re Aller, 105 USPQ 233.
Claim(s) 9-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lackie in view of Asenbauer and Beaty.
Lackie discloses:
9. A modular storage system (figs 1-2) comprising: a modular storage container (1)comprising: a housing (adjacent 5); a cavity defined by the housing (inside of 5); and a lid coupled to the housing (adjacent 4); a first tray positioned within the cavity (top 9); a second tray positioned within the cavity below the first tray (9 below top 9), wherein the first tray and second tray are each configured to support a plurality of tools or accessories (capable of performing the above intended use, such as within channel compartments); with the exception of the following which is disclosed by Asenbauer: wherein the first tray is pivotably engaged with the second tray such that the first tray is moveable between a first, storage position in which the tools or accessories supported by the second tray are inaccessible and a second, open position in which tools or accessories supported by the second tray are accessible (figs 1-34, as for example tray in fig 17-19 with rod adjacent 28 and channel at bottom adjacent 38 as for example shown in fig 1, 2, capable of performing the above intended use of the tray pivoting such as if the user grasps and lifts up and down one end opposite the rod, and the device would pivot between engagement of the rod and channel). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify Lackie in view of Asenbauer (by providing the above elements to the trays) in order to provide secure stacking between the elements in order to further protect the intended contents.
With respect to the new amendment the second tray comprising a plurality of recessed sections, each of the plurality of recessed sections extending at an angle relative to a minor axis of the second tray and a major axis of the second tray, wherein the angle is between 30 and 80 degrees relative to the minor axis, Beaty discloses the above features such as angles channel shown in fig 1-8, such as fig 1 and 6). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the Combined Reference in view of Beaty (by providing an angle to any of the recesses or all of the recesses) in order to enhance removal and access of the intended contents, while also distinguishing different recesses from one another in order to distinguish different intended contents to be held. Furthermore, it would have been obvious to one of ordinary skill in the art at the time of the invention to provide a specific range because it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges was an obvious extension of the prior teachings. In re Aller, 105 USPQ 233.
The Combined Reference discloses:
10. The modular storage system of claim 9, wherein, when the first tray is moved into the second, open position, the first tray moves away from the second tray and toward the lid of the modular storage container (capable of performing the above intended use, such as if the user lifts the combined reference from one end).
11. The modular storage system of claim 9, wherein the second tray further comprises a protrusion defining a rear edge of the second tray, and wherein the protrusion defines a pivot axis (rod already provided in claim 9 is also a protrusion).
12. The modular storage system of claim 11, wherein the first tray further comprises a channel defined in a downward facing surface of the first tray, wherein the channel is positioned adjacent to a rear edge of the first tray (channel already provided in claim 9).
13. The modular storage system of claim 11, wherein the protrusion is positioned within the cavity of the housing when the second tray is in the open position (as already provided in claim 9 with Asenbauer).
14. The modular storage system of claim 9, wherein the first tray further comprises a plurality of sections extending along a major axis of the first tray, wherein the plurality of sections are configured to support a tool or accessory (section with channel compartments in Lackie).
15. The modular storage system of claim 14, wherein each of the plurality of recessed sections extend between opposing corners of the housing of the modular storage container (Beaty discloses angle and corner to another corner as in fig 1), wherein the plurality of sections are configured to support a tool or accessory (Channels within trays as in figs 1, 2 Lackie capable of performing the above intended use of holding tools; with respect to the angle, the elements include an angle such as 0 degree angle and a 90 degree angle).
Claim(s) 16-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Riso (US 6343708 B1) in view of Asenbauer.
Riso discloses:
16. A modular storage system (figs 1-19) comprising: a utility module (10) comprising: a housing (adjacent 12); and an internal compartment defined by the housing (space within 12); a first tray positioned within the internal compartment (the Office notes that the prior art includes numerous trays and numerous combinations are provided in the same manner as Applicant provides in claim 16; as for example, the prior art discloses tray adjacent 50c for example in fig 14); a second tray positioned within the internal compartment below the first tray (for example adjacent 50f), wherein the first tray and the second tray are each configured to support a plurality of tools or accessories (capable of performing the above intended use, such as within compartments); a third tray positioned within the internal compartment and spaced apart from the first tray and the second tray within the housing (tray adjacent 50e, with space bteween trays as in fig 14); a fourth tray positioned within the internal compartment below the third tray (tray directly below third tray), wherein the third tray and the fourth tray are each configured to support a plurality of tools or accessories (capable of performing the above intended use, such as within channel compartments); with the exception of the following which is disclosed by Asenbauer: wherein the first tray is pivotably engaged with the second tray, and wherein the third tray is pivotably engaged with the fourth tray (figs 1-34, as for example tray in fig 17-19 with rod adjacent 28 and channel at bottom adjacent 38 as for example shown in fig 1, 2, capable of performing the above intended use of the tray pivoting such as if the user grasps and lifts up and down one end opposite the rod, and the device would pivot between engagement of the rod and channel). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify Riso in view of Asenbauer (by providing the above elements to the trays) in order to provide secure stacking between the elements in order to further protect the intended contents.
The Combined Reference discloses:
17. The modular storage system of claim 16, wherein the first tray comprises a first major axis and the third tray comprises a second major axis, and wherein the first major axis is generally parallel to the second major axis (axis along long ends of the two trays that are parallel).
18. The modular storage system of claim 17, wherein the first major axis of the first tray and the second major axis of the third tray each extend along a minor axis of the utility module (as in Riso fig 1-19).
19. The modular storage system of claim 16, wherein the first tray further comprises a first channel defined by a bottom surface, wherein the second tray further comprises a first rod received within the first channel of the first tray, the first rod defining a first pivot axis, wherein the third tray further comprises a second channel defined by a bottom surface, and wherein the fourth tray further comprises a second rod received within the second channel of the third tray, the second rod defining a second pivot axis (figs 1-34, as for example tray in fig 17-19 with rod adjacent 28 and channel at bottom adjacent 38 as for example shown in fig 1, 2, capable of performing the above intended use of the tray pivoting such as if the user grasps and lifts up and down one end opposite the rod, and the device would pivot between engagement of the rod and channel all of Asenabauer; the Office notes that elements can be added two first, second, third and fourth trays, etc. for the same purposes already provided above).
20. The modular storage system of claim 19, wherein the first pivot axis is collinear with the second pivot axis (as in Asenbauer figs 17-19).
Response to Arguments
Applicant's arguments with respect to the claims have been considered, but are moot because in view of the amendment the search has been updated, new prior art has been identified and a new rejection has been made. Nevertheless, Applicant states that the rod is not on an outer edge of the device. To the contrary, the rods are on an outer edge as shown in figure 17, 18 in Asenbauer.
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 ANDREW D PERREAULT whose telephone number is (571)270-5427. The examiner can normally be reached Monday - Friday 7:00am-5:30pm.
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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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/ANDREW D PERREAULT/Primary Examiner, Art Unit 3735
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