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
Applicant's election without traverse of Species A (fig.1-10) in the reply filed on 07/06/2026 is acknowledged.
The requirement is still deemed proper and is therefore made FINAL.
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 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) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lin (US 9375835 B1) and further in view of Wen (US 20140231307 A1).
Regarding claim 1, Lin teaches a container comprising (fig.1 shows the container 10):
a base including a lower surface, base walls extending from the lower surface, and a cavity defined by the lower surface and the base walls (see annotated fig.1 below for the base with a lower surface and the walls extending from the surface and creating a cavity);
a hinge pivotably coupled to the base (fig.4 shows the hinge 111+13+121);
a lid pivotably coupled to the hinge to selectively enclose the cavity (see annotated fig.1 below for the lid pivotably coupled to the hinge to enclose the cavity); and
an insert positioned within the cavity (fig.1 the cavity is able to accommodate at least one tool which is the insert positioned in the cavity; since applicant has to positively disclosed any structure regarding the insert it can be anything the container can store; “a first casing 11 and a second casing 12 covering with the first casing 11 to define an accommodation space between the first casing 11 and the second casing 12 to accommodate at least one tool”-Col.2 lines 23-26),
wherein the lid is movable between a first position, in which the lid encloses the cavity (see annotated fig.1 below for the lid being movable in a first position where it encloses the cavity).
wherein the lid engages the insert when the lid is in the first position (fig.1 the tool stored in the cavity can be a oversized tool that can engage the lid when in first position). Lin does not teach a second position, in which the base rests on the lid.
Wen does teach a second position in which the base rests on the lid (fig.1 shows the container where it can be in the second position as seen in fig.4A in which the base 2 rests on the lid 1 and wherein the lid is coupled to the base in the second position and with the modification the depression of the lid of Lin will engage the projection on the base). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the container disclosed by Lin by adding the teachings of having the lid rotate 360 degrees as disclosed by Wen in order to reduce the space needed when opening the lid and container may be flipped over for conveniently displaying tools in the tool case. “Embodiments of the invention provide a tool case that is convenient for display wherein a lid can rotate 360 degrees relative to a body, and thus may be flipped, thereby reducing the space needed when opening the lid. After the lid is flipped, the tool case may be stood upright for the purpose of displaying tools disposed in the tool case.” (0018, Wen)
Annotated fig.1 of Lin
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Regarding claim 2, the references as applied to claim 1 above discloses all the limitations substantially claimed. Lin as modified in claim 1 further teaches wherein the lid is coupled to the base in the second position by a projection extending from the base and a depression provided in the lid (fig.2 shows the projections 124 that extend fort eh base to engage the depression provided in the lid as labeled in fig.1 above).
Regarding claim 3, the references as applied to claim 2 above discloses all the limitations substantially claimed. Lin as modified in claim 2 further teaches wherein the projection extends from a first side of the base, and wherein the hinge is pivotably coupled to a second side of the base adjacent the first side (see fig.4 projection 123 extends from first side of the base and hinge is coupled to the second side as seen in fig.4 adjacent to the first side).
Regarding claim 4, the references as applied to claim 1 above discloses all the limitations substantially claimed. Lin as modified in claim 1 further teaches wherein: the lid is configured to be coupled to the base in the first position by a latch, the latch is provided on a side of the container opposite the hinge, and the latch is positioned at a center of the side of the container (see annotated fig.1 above where in the latch is positioned at the center and opposite of the hinge).
Regarding claim 5, the references as applied to claim 4 above discloses all the limitations substantially claimed. Lin as modified in claim 4 further teaches wherein a depression is provided on a first side of the lid, and wherein the hinge is pivotably coupled to a second side of the lid adjacent the first side (see annotated fig.1 above for the depression on the first side of the lid and the hinge is pivotably connected to a second side and its adjacent to first side).
Regarding claim 6, the references as applied to claim 5 above discloses all the limitations substantially claimed. Lin as modified in claim 5 further teaches wherein the first side of the base is a bottom side of the container, and wherein the first side of the lid is a top side of the container (see annotated fig.1 and fig.4 where the bottom side of the container is the first side of the base and the first side of the lid a top side of the container).
Regarding claim 7, the references as applied to claim 2 above discloses all the limitations substantially claimed. Lin as modified in claim 2 further teaches wherein the projection is a first of a plurality of projections extending from corners of the base, and wherein the depression is a first of a plurality of depressions provided on corners of the lid (annotated fig.1 and fig.4 show the plurality of depression and projections 123 at the corners).
Regarding claim 8, Lin teaches a container comprising (fig.1 shows the container 10):
a base including (see annotated fig.1 above)
a lower surface (see annotated fig.1 above the lower surface will be on the inside of the container),
base walls extending from the lower surface (see annotated fig.1 above),
a cavity defined by the lower surface and the base walls (see annotated fig.1 above for the cavity that will be formed with the lower surface and the base walls),
an outer surface opposite the lower surface (see annotated fig.1 above), and
a projection extending from the outer surface (fig.4 shows the projections 123);
a hinge pivotably coupled to the base (fig.4 shows the hinge 111+13+121); and
a lid pivotably coupled to the hinge to selectively enclose the cavity, the lid including a depression on an outer surface of the lid (see annotated fig.1 for the lid pivotably coupled to the hinge and the lid includes the depression on the outer surface of the lid);
wherein the lid is movable between a first position, in which the lid encloses the cavity (see annotated fig.1 above for the lid movable between a first position where the lid encloses the cavity). Lin does not teach wherein a second position, in which the base rests on the lid, and wherein the projection engages the depression when the lid is in the second position.
Wen does teach wherein a second position, in which the base rests on the lid, and wherein the projection engages the depression when the lid is in the second position (fig.1 shows the container where it can be in the second position as seen in fig.4A in which the base 2 rests on the lid 1 and wherein the lid is coupled to the base in the second position and with the modification the depression of the lid of Lin will engage the projection on the base). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the container disclosed by Lin by adding the teachings of having the lid rotate 360 degrees as disclosed by Wen in order to reduce the space needed when opening the lid and container may be flipped over for conveniently displaying tools in the tool case. “Embodiments of the invention provide a tool case that is convenient for display wherein a lid can rotate 360 degrees relative to a body, and thus may be flipped, thereby reducing the space needed when opening the lid. After the lid is flipped, the tool case may be stood upright for the purpose of displaying tools disposed in the tool case.” (0018, Wen)
Regarding claim 9, the references as applied to claim 8 above discloses all the limitations substantially claimed. Lin as modified in claim 8 further teaches wherein the projection is a first projection of a plurality of projections extending from the outer surface of the base, and wherein the depression is a first depression of a plurality of depressions formed on an outer surface of the lid (fig.2 shows the plurality of projection 123 and fig.1 above show the plurality of the depressions on the lid).
Regarding claim 10, the references as applied to claim 9 above discloses all the limitations substantially claimed. Lin as modified in claim 9 further teaches wherein each of the plurality of projections is positioned proximate corners of the base, and wherein each of the plurality of depressions is positioned proximate corners of the lid (see fig.2 that show the projection at the corners and the depressions at the corners as seen in fig.1 above).
Regarding claim 11, the references as applied to claim 9 above discloses all the limitations substantially claimed. Lin as modified in claim 9 further teaches wherein the plurality of projections is configured to support the container on a surface when the lid is in the first position (fig. 4 the projection 123 are capable of supporting the container on a surface when the lid is in the first position).
Regarding claim 12, the references as applied to claim 8 above discloses all the limitations substantially claimed. Lin as modified in claim 8 further teaches wherein the projection engages the depression when the lid is in the second position via an interference fit (see annotated fig.1 above the projection 123 will engage with the depression via an interference fit since the projections will be engaging the depressions).
Regarding claim 13, Lin teaches a container comprising (fig.1 shows the container 10):
a base including a lower surface, base walls extending from the lower surface, and a cavity defined by the lower surface and the base walls (see annotated fig.1 above for the base with a lower surface at the bottom and the base walls extending from the lower surface that will create a cavity defined by the lower surface and the walls);
a hinge pivotably coupled to the base (fig.4 shows the hinge 111+13+121 pivotality coupled to the base); and
a lid pivotably coupled to the hinge to selectively enclose the cavity (see annotated fig.1 below for the lid to selectively enclose the cavity and fig.4 that shown coupled to the hinge);
wherein the lid is movable between a first position, in which the lid encloses the cavity (see annotated fig.1 above for the lid movable between the first position in which the lid encloses the cavity), and
wherein the lid is coupled to the base in the first position by a first member (fig.1 shows the lid is coupled to the base by latch), and wherein base having a second member different than the first member (fig.2 and 4 shows the 4 protrusion 123). Lin does not teach wherein a second position, in which the base rests on the lid and wherein the lid is coupled to the base in the second position.
Wen teaches wherein a second position, in which the base rests on the lid and wherein the lid is coupled to the base in the second position by a second member different than the first member (fig.1 shows the container where it can be in the second position as seen in fig.4A in which the base 2 rests on the lid 1 and wherein the lid is coupled to the base in the second position). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the container disclosed by Lin by adding the teachings of having the lid rotate 360 degrees as disclosed by Wen in order to reduce the space needed when opening the lid and container may be flipped over for conveniently displaying tools in the tool case. “Embodiments of the invention provide a tool case that is convenient for display wherein a lid can rotate 360 degrees relative to a body, and thus may be flipped, thereby reducing the space needed when opening the lid. After the lid is flipped, the tool case may be stood upright for the purpose of displaying tools disposed in the tool case.” (0018, Wen)
Regarding claim 14, the references as applied to claim 13 above discloses all the limitations substantially claimed. Lin as modified in claim 13 further teaches wherein the first member is coupled to a third member when the lid is in the first position, and wherein the third member is different than the first and second members (fig.4 shows the first member, latch, is indirectly coupled to the third member, shaft 13, as seen in fig.4 when lid is in the first position and the first member is different than the first and second members).
Regarding claim 15, the references as applied to claim 14 above discloses all the limitations substantially claimed. Lin as modified in claim 14 further teaches wherein the first member is a latch pivotably coupled to the base, and wherein the third member is a rod is coupled to the lid (see annotated fig.1 above and fig.4 where the first member is a latch pivotably connected to the base and the third member is a shaft 13 i.e. rod coupled to the lid).
Regarding claim 16, the references as applied to claim 14 above discloses all the limitations substantially claimed. Lin as modified in claim 14 further teaches wherein the second member is coupled to a fourth member when the lid is in the second position, and the fourth member is different than the first and second members (annotated fig.1 above and fig.4 show the projection 123 is coupled to the depression when the lid is in second positioned and the depression is different from the latch and the projection).
Regarding claim 17, the references as applied to claim 16 above discloses all the limitations substantially claimed. Lin as modified in claim 16 further teaches wherein the second member is a projection extending from an outer surface of the base, and wherein the fourth member is a depression provided on an outer surface of the lid (fig.4 shows the projection 123 is extending from the base at the outer surface and the fourth member is depression on an outer surface of the lid as seen in fig.1).
Regarding claim 18, the references as applied to claim 13 above discloses all the limitations substantially claimed. Lin as modified in claim 13 further teaches wherein the first member is pivotably coupled to the base, and wherein the second member extends from the base and is immovable relative to the base (fig.4 shows the 123 extends from the base and is immovable relative to the base and the first member, latch, is pivotably coupled to the base).
Regarding claim 19, the references as applied to claim 18 above discloses all the limitations substantially claimed. Lin as modified in claim 18 further teaches wherein: the first member is coupled to a third member when the lid is in the first position, the third member is coupled to the lid and immovable relative to the lid, the second member is coupled to a fourth member when the lid is in the second position, and the fourth member is formed in the lid (annotated fig.1 and fig.4 the latch is indirectly coupled to the shaft 13 in first positioned and the shaft 13 is coupled to the lid and immovable relative to the lid and the projection 123 is coupled to the depression when the lid is in second positioned and the depression is formed in the lid).
Regarding claim 20, the references as applied to claim 19 above discloses all the limitations substantially claimed. Lin as modified in claim 19 further teaches wherein the first, second, third, and fourth members are all different (all three members are different as seen by fig.1 and 4).
Conclusion
See PTO-892 for the prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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/PRINCE PAL/Examiner, Art Unit 3735
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