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 .
Election/Restrictions
The restriction between Invention I (Claims 1-8), Invention II (Claims 9-15), and Invention III (claims 16-20) has been withdrawn. However the species restriction between Species A (Figs 1-10, 14, and 15); Species B (Figs 11A & 11B); and Species C (Fig 12) is maintained as being patentably distinct species that create a search burden.
Applicant's election with traverse of Species B (Figs 11A & 11B) in the reply filed on 04/03/2026 is acknowledged. The traversal is on the ground(s) that “Applicant respectfully traverses the Requirement for Restriction because the Examiner has not established a prima facie showing that restriction is proper under MPEP § 803. Indeed, MPEP § 803 (I) makes clear that restriction is proper only where: "(A) The inventions [are] independent or distinct as claimed; and (B) There would be a serious search and/or examination burden on the examiner if restriction is not required." Id. (cleaned up). Here, Applicant respectfully submits that no such burden exists, and thus restriction is improper”. This is not found persuasive because Species A would require a search such as ((container or bin) with (round$2 near2 wall$1) with divider$1). Species B would require a search such as ((container or bin) with (magnet$1 near2 wall$1) with divider$1). Species C would require a search such as ((container or bin) with (angle$2 near2 cutout) with wall$1).
The requirement is still deemed proper and is therefore made FINAL.
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 16, 18, and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Juhlin 3,759,395.
Regarding claim 16, Juhlin discloses a container storage system (Fig 1, #1) comprising:
at least one storage device (Fig 1, #1) comprised of:
a bottom wall (Fig 1, #2);
a rear wall (Fig 1, #3) attached to the bottom wall (Fig 1, #2);
a first wall (Fig 1, #6 & #7, left) attached to both the bottom wall (Fig 1, #2) and the rear wall (Fig 1, #3);
a second wall (Fig 1, #6 & #7, right) attached to both the bottom wall (Fig 1, #2) and the rear wall (Fig 1, #3);
a divider (Fig 1, #10 & #9) permanently attached to both the bottom wall (Fig 1, #2) and the rear wall (Fig 1, #3);
a first pocket (Fig 1, #8) disposed between the first wall (Fig 1, #6 & #7, left) and the divider (Fig 1, #10 & #9),
the first pocket (Fig 1, #8) bound by at least the first wall (Fig 1, #6 & #7, left), the rear wall (Fig 1, #3), the bottom wall (Fig 1, #2), and the divider (Fig 1, #10 & #9);
a second pocket (Fig 1, #5) disposed between the second wall (Fig 1, #6 & #7, right) and the divider (Fig 1, #10 & #9),
the second pocket (Fig 1, #5) bound by at least the second wall (Fig 1, #6 & #7, right), the rear wall (Fig 1, #3), the bottom wall (Fig 1, #2), and the divider (Fig 1, #10 & #9).
Regarding claim 18, Juhlin discloses the container storage system wherein the divider (Fig 1, #9 & #10) is positioned equidistant between the first wall (Fig 1, #6 & #7, left) and the second wall (Fig 1, #6 & #7, right).
Regarding claim 19, Juhlin discloses the container storage system wherein the first pocket (Fig 1, #8) is defined by a first pocket volume and the second pocket (Fig 1, #5) is defined by a second pocket volume, wherein the first pocket volume is equal to the second pocket volume.
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 1-6, 8, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Juhlin 3,759,395 in view of Nathan 2021/0100403.
Regarding claims 1, 6, and 20, Juhlin discloses a container storage system (Fig 1, #1) comprising:
at least one storage device (Fig 1, #1) comprised of:
a bottom wall (Fig 1, #2);
a rear wall (Fig 1, #3) attached to the bottom wall (Fig 1, #2);
a first wall (Fig 1, #6 & #7, left) attached to both the bottom wall (Fig 1, #2) and the rear wall (Fig 1, #3);
a second wall (Fig 1, #6 & #7, right) attached to both the bottom wall (Fig 1, #2) and the rear wall (Fig 1, #3),
the second wall (Fig 1, #6 & #7, right) being disposed on a side of the bottom wall (Fig 1, #2) opposite that of the first wall (Fig 1, #6 & #7, left);
a divider (Fig 1, #10 & #9) attached to both the bottom wall (Fig 1, #2) and the rear wall (Fig 1, #3);
a first pocket (Fig 1, #8) disposed between the first wall (Fig 1, #6 & #7, left) and the divider (Fig 1, #10 & #9),
the first pocket (Fig 1, #8) bound by at least the first wall (Fig 1, #6 & #7, left), the rear wall (Fig 1, #3), the bottom wall (Fig 1, #2), and the divider (Fig 1, #10 & #9);
a second pocket (Fig 1, #5) disposed between the second wall (Fig 1, #6 & #7, right) and the divider (Fig 1, #10 & #9),
the second pocket (Fig 1, #5) bound by at least the second wall (Fig 1, #6 & #7, right), the rear wall (Fig 1, #3), the bottom wall (Fig 1, #2), and the divider (Fig 1, #10 & #9) (claim 1).
Juhlin has been discussed above but does not explicitly teach one or more magnets disposed within at least one of the first wall and the second wall (claim 1);
and one or more magnet wells disposed within at least one of the first wall and the second wall, and the one or more magnets being disposed within the one or more magnet wells (claims 6 and 20).
Nathan discloses a storage device (Fig 3A) comprising one or more magnets (Fig 3A, #300) disposed within at least one of a first wall (annotated Fig 3A below) and a second wall (annotated Fig 3A below) (claim 1); and one or more magnet wells (annotated Fig 3B below) disposed within at least one of the first wall (annotated Fig 3A below) and the second wall (annotated Fig 3A below), and the one or more magnets (Fig 3A, #300) being disposed within the one or more magnet wells (annotated Fig 3B below) [0028] (claims 6 and 20).
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It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to form a magnet well (Nathan, annotated Fig 3B above) in at least one of the first wall (Juhlin, Fig 1, #6 & #7, left) and the second wall (Juhlin, Fig 1, #6 & #7, right) of Juhlin and mount one or more magnets (Nathan, Fig 3A, #300) disposed within the magnet well (Nathan, annotated Fig 3B above) of the at least one of the first wall (Juhlin, Fig 1, #6 & #7, left) and the second wall (Juhlin, Fig 1, #6 & #7, right) of Juhlin in order to magnetically connect the storage device (Juhlin, Fig 1, #1) of Juhlin to another storage device in a modular manner or to secure magnet items to the at least one of the first wall (Juhlin, Fig 1, #6 & #7, left) and the second wall (Juhlin, Fig 1, #6 & #7, right) of Juhlin.
Regarding claim 2, modified Juhlin discloses the container storage system wherein the divider (Juhlin, Fig 1, #9 & #10) is positioned equidistant between the first wall (Juhlin, Fig 1, #6 & #7, left) and the second wall (Juhlin, Fig 1, #6 & #7, right).
Regarding claim 3, modified Juhlin discloses the container storage system wherein the first pocket (Juhlin, Fig 1, #8) is defined by a first pocket volume and the second pocket (Juhlin, Fig 1, #5) is defined by a second pocket volume, wherein the first pocket volume is equal to the second pocket volume.
Regarding claim 4, modified Juhlin discloses the container storage system wherein the divider (Juhlin, Fig 1, #9 & #10) is permanently attached to both the bottom wall (Juhlin, Fig 1, #2) and the rear wall (Juhlin, Fig 1, #3).
Regarding claim 5, modified Juhlin discloses the container storage system wherein the divider (Juhlin, Fig 1, #9 & #10) is: shorter than the first wall (Juhlin, Fig 1, #6 & #7, left), the second wall (Juhlin, Fig 1, #6 & #7, right), and the rear wall (Juhlin, Fig 1, #3), and less deep than the first wall (Juhlin, Fig 1, #6 & #7, left) and the second wall (Juhlin, Fig 1, #6 & #7, right).
Regarding claim 8, modified Juhlin discloses the container storage system wherein the first wall (Juhlin, Fig 1, #6 & #7, left), the second wall (Juhlin, Fig 1, #6 & #7, right), and the divider (Juhlin, Fig 1, #9 & #10) are orthogonal to the rear wall (Juhlin, Fig 1, #3).
Claims 9-14 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Juhlin 3,759,395 in view of Cartwright 2006/0255031.
Regarding claim 9, Juhlin discloses a container storage system (Juhlin, Fig 1, #1) comprising:
at least one storage device (Juhlin, Fig 1, #1) comprised of:
a bottom wall (Juhlin, Fig 1, #2);
a rear wall (Juhlin, Fig 1, #3) attached to the bottom wall (Juhlin, Fig 1, #2);
a first wall (Juhlin, Fig 1, #6 & #7, left) attached to both the bottom wall (Juhlin, Fig 1, #2) and the rear wall (Juhlin, Fig 1, #3);
a second wall (Juhlin, Fig 1, #6 & #7, right) attached to both the bottom wall (Juhlin, Fig 1, #2) and the rear wall (Juhlin, Fig 1, #3),
the second wall (Juhlin, Fig 1, #6 & #7, right) being disposed on a side of the bottom wall (Juhlin, Fig 1, #2) opposite that of the first wall (Juhlin, Fig 1, #6 & #7, left);
a divider (Juhlin, Fig 1, #10 & #9) attached to both the bottom wall (Juhlin, Fig 1, #2) and the rear wall (Juhlin, Fig 1, #3);
a first pocket (Juhlin, Fig 1, #8) disposed between the first wall (Juhlin, Fig 1, #6 & #7, left) and the divider (Juhlin, Fig 1, #10 & #9),
the first pocket (Juhlin, Fig 1, #8) bound by at least the first wall (Juhlin, Fig 1, #6 & #7, left), the rear wall (Juhlin, Fig 1, #3), the bottom wall (Juhlin, Fig 1, #2), and the divider (Juhlin, Fig 1, #10 & #9);
a second pocket (Juhlin, Fig 1, #5) disposed between the second wall (Juhlin, Fig 1, #6 & #7, right) and the divider (Juhlin, Fig 1, #10 & #9),
the second pocket (Juhlin, Fig 1, #5) bound by at least the second wall (Juhlin, Fig 1, #6 & #7, right), the rear wall (Juhlin, Fig 1, #3), the bottom wall (Juhlin, Fig 1, #2), and the divider (Juhlin, Fig 1, #10 & #9).
Juhlin has been discussed above but does not explicitly disclose a fabric covering that at least partially covers the at least one storage device.
Cartwright discloses a storage device (Figs 1-3, #10) that is at least partially 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 storage device (Juhlin, Fig 1, #100) of Juhlin in a fabric covering (Cartwright, Fig 2, #200) in order to make the storage device (Juhlin, Fig 1, #100) of Juhlin decorative and more aesthetically appealing as taught by Cartwright.
Regarding claim 10, modified Juhlin discloses the container storage system wherein the fabric covering (Cartwright, Fig 2, #200) is waterproof (Cartwright, [0019]).
Regarding claim 11, modified Juhlin discloses the container storage system wherein the divider (Juhlin, Fig 1, #9 & #10) is positioned equidistant between the first wall (Juhlin, Fig 1, #6 & #7, left) and the second wall (Juhlin, Fig 1, #6 & #7, right).
Regarding claim 12, modified Juhlin discloses the container storage system wherein the first pocket (Juhlin, Fig 1, #8) is defined by a first pocket volume and the second pocket (Juhlin, Fig 1, #5) is defined by a second pocket volume, wherein the first pocket volume is equal to the second pocket volume.
Regarding claim 13, modified Juhlin discloses the container storage system wherein the divider (Juhlin, Fig 1, #9 & #10) is permanently attached to both the bottom wall (Juhlin, Fig 1, #2) and the rear wall (Juhlin, Fig 1, #3).
Regarding claim 14, modified Juhlin discloses the container storage system wherein the divider (Juhlin, Fig 1, #9 & #10) is:
shorter than the first wall (Juhlin, Fig 1, #6 & #7, left), the second wall (Juhlin, Fig 1, #6 & #7, right), and the rear wall (Juhlin, Fig 1, #3), and less deep than the first wall (Juhlin, Fig 1, #6 & #7, left) and the second wall (Juhlin, Fig 1, #6 & #7, right).
Regarding claim 17, modified Juhlin discloses the container storage system wherein the storage device (Juhlin, Fig 1, #1) is at least partially covered in a fabric covering (Cartwright, Fig 2, #200).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of Juhlin 3,759,395 and Nathan 2021/0100403; and further in view of Cartwright 2006/0255031.
Regarding claim 7, modified Juhlin discloses the container storage system wherein the storage device (Juhlin, Fig 1, #1) is at least partially covered in a fabric covering (Cartwright, Fig 2, #200).
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of Juhlin 3,759,395 and Cartwright 2006/0255031; and further in view of Nathan 2021/0100403.
Regarding claim 15, modified Juhlin discloses the container storage system further comprising one or more magnet wells (Nathan, annotated Fig 3B above) disposed within at least one of the first wall (Juhlin, Fig 1, #6 & #7, left) and the second wall (Juhlin, Fig 1, #6 & #7, right), and the one or more magnets (Nathan, Fig 3A, #300) being disposed within the one or more magnet wells (Nathan, annotated Fig 3B above) (Nathan, [0028]).
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 10am-6pm.
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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.
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/DEVIN K BARNETT/Primary Examiner, Art Unit 3631
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