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 .
Applicant’s election without traverse of Species VI Figs. 23-24 claims 1-8 in the reply filed on 6/15/2026 is acknowledged.
Claims 9-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 6/15/2026.
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 6-7 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.
Claims 6-7 are considered indefinite since the additional limitations regarding second and third utility modules and there various structures as recited in the claims raises the question whether the intention is to claim the combination of the utility module with the second and third utility modules, as opposed to whether the intent is to claim the sub-combination of the utility module only, and since claim 1 line 1 appears to indicate that the sub-combination is claimed, this office action presumes that the intention is to claim only the sub-combination of the utility module, in order to give the claims their broadest reasonable interpretation. Therefore all references in the claims to any second and third utility modules and there various structures are considered to be only statements of intended use with regards to the claimed utility module.
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) 1-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over CAI et al. US 2023/0136626 A1 in view of Davidian et al. US 2021/0221561 A1.
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With regards to claim 1, CAI (FIG. 1-16 discloses a utility module comprising: a housing 100; a front face (shown above) defined by the housing; a rear face (shown above) defined by the housing opposite the front face; a lower surface 112; a plurality of locking elements 130/140, the plurality of locking elements configured to detachably and rigidly couple the housing to a second utility module and a third utility module (for example 300 in Fig. 5, if claimed); and a channel (shown above) defined by the lower surface 112, the channel comprising a first end at the front face and an opposing second end at the rear face, wherein the channel is configured to receive a side wall extending upward from the second utility module (for example 330 of 300 shown in Fig. 5, if claimed) and a side wall extending upward from the third utility module (for example 330 of 300 shown in Fig. 5, if claimed). (Para. 0064 and shown in Fig. 1)
CAI discloses a plurality of locking elements 130/140 with the plurality of locking elements configured to detachably and rigidly couple the housing to a second utility module and a third utility module but it does not specifically disclose the plurality of locking elements are retractably extending from the front face. In para. 0073, CAI recites that there can be an unlimited number of locking mechanisms.
Davidian teaches it was known in the art to have a stackable container system have the plurality of locking elements are retractably extending from the front face (1234/1238; FIG. 19-20) or the side face (1026; FIG. 17-18).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the plurality of locking elements in CAI by providing them in the front face as taught by Davidian for the purposes of allowing more containers to stack together and remain together.
With regards to claim 2, CAI (FIG. 1-16) discloses the channel (shown above) is centrally located on the lower surface.
With regards to claim 3, CAI (FIG. 1-16) discloses the channel (shown above) comprises opposing side surfaces extending upward from the lower surface and towards each other.
With regards to claim 4, CAI (FIG. 1-16) discloses the channel (shown above) comprises a horizontal flat surface extending between the opposing side surfaces.
With regards to claim 5, the combination of CAI and Davidian discloses the plurality of locking elements (120/130; CAI) extend from the front face (as taught by Davidian) on each side of the channel (CAI; shown above).
With regards to claim 6, CAI (FIG. 1-16) discloses the housing 100 defines a first width perpendicular to the front face (shown above), and the second utility module defines a second width perpendicular to the front face, and wherein the second width is approximately one-half the second width, depending on the second utility module to be held. Since such a limitation is considered an intended use.
With regards to claim 7, CAI (FIG. 1-16) discloses the third utility module defines a third width perpendicular to the front face (shown above), and wherein the third width is approximately one-half the first width, depending on the third utility module to be held. Since such a limitation is considered an intended use.
With regards to claim 8, CAI (FIG. 1-16) discloses the channel (shown above) extends uninterrupted between the first end and the second end.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENINE SPICER whose telephone number is (313)446-4924. The examiner can normally be reached 9:00am-5:00pm, Monday-Thursday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Orlando E. Avilés can be reached at (571) 270-5531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JENINE SPICER/Examiner, Art Unit 3736
/ORLANDO E AVILES/Supervisory Patent Examiner, Art Unit 3736
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