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 .
Priority date of 02/15/2024 based on 63/554/017 is acknowledged.
Claims 3, 10, 13, and 18 are withdrawn from further consideration. Applicant made the election of the embodiment of two containers with two side latches in fig. 4A, directed to the embodiment in without traverse, in the response dated 03/09/2026 is acknowledged.
Claim 11 is 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.
In claim 11, there are two recitations of “a locking tab”. This is double inclusion.
Claim Rejections - 35 USC § 112
Claims 1, 2, 4-9, 11-12, 14-17, and 18-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Christopher (US 9393684)
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Together these sides 104-114, respectively, define an interior space 116 for storing articles that can be accessible by extending a front cover 118 of a drawer
(20) FIG. 5 shows container latching mechanism 130 of container 102 engaged to container 101. First housing 132 includes a handle 138 that is an open area of sufficient length bounded by a top wall 140 to provide a gripping area or handle for a user's hands to carry container 101. Top wall 140 also functions as a “catch” for latch 136 to attach container 101 to container 102. Latch 136 includes a gripping portion 142 to receive a user's hand for pivoting latch 136 about pivot point 146 and a projection 144 that engages top wall 140. A spring 148 returns latch 136 back to the engaged position when latch 136 is released. In operation, a user grabs gripping portion 142 and pivots latch 136 outward, as shown in FIG. 6. At this point, container 102 can be set on top of container 101 and latch 136 can be released. Projection 144 of latch 36 on container 102 engages top wall 140 of first housing 132 of container latching mechanism 130 of container 101 to hold the respective containers 101 and 102 together. Latch 136 is substantially flush with the side of container 102.
(23) Alternative arrangements of system 100 with multiple containers 191, 102, 700, 800, and 900 are contemplated. One such alternative includes a moveable platform that has a substantially flat base on four wheels or casters with a latching mechanism 130.
Regarding claim 1, Christopher teaches a first storage container (top container 102) comprising a latch (136) disposed on a side of the first storage container, the latch comprising
a biasing member (148), a pivot (146) and a locking tab (144), wherein the latch is pivotable between an engaged position (fig. 5) and a disengaged position (fig. 6), the biasing member biases the latch to the engaged position, and the locking tab moves toward a centerline of the first storage container as the latch moves to the engaged position and away from the centerline as the latch moves to the disengaged position, i.e., portion 144 moves toward the center line of the container in fig. 5 and portion 144 moves away from the center line of the container as it moves to the unlock position in fig. (6), a second storage container (bottom container 101) comprising
a recess (formed by 138) in a top of the second storage container, the recess comprising an overhang (the horizontal wall at 140 in fig. 5) and extending to a side of the top of the second storage container, wherein in response to the first storage container being disposed on the top of the second storage container with the latch in the engaged position, the locking tab of the latch on the side of the first storage container is received by and is disposed under the overhang of the recess in the top of the second storage container.
Regarding claims 2 and 7, note fig. 2A/2B showing the second latch on the opposite side comprising the a second biasing member and a second pivot, wherein the second latch is pivotable between an engaged position and a disengaged position and the second biasing member biases the second latch toward the engaged position; and the cart comprises a second recess comprising the second overhang as the first latch in claim 1.
Regarding claims 4 and 8, note first and second storage containers further comprises an extrusion on a bottom (132) of the first storage container; the second storage container further comprises a third recess (126 where 132 engages) on a top of the second storage container; and the extrusion is disposed in the third recess.
Regarding claim 5, note the chamfered end on the latch (at 144).
Regarding claim 6, note the cart cited above as platform with wheels.
Regarding claim 7, note the second latch on the second container, i.e., each container has two latches and two recesses, each recess has an overhang at 140.
Regarding claim 9, note the drawer cited above at 118, and note the plurality of drawers in figs. 7-8
Regarding claim 11, Christopher teaches an interlocking storage container comprising: a first storage container comprising a top disposed on a side of the storage container, an overhang (140), a latch (130) disposed on the side of the interlocking storage container and the latch is pivotable between an engaged position (fig. 5) and a disengaged position (fig. 6), the latch comprising a grip (142), a locking tab (144), wherein the locking tab is moved towards a centerline of the interlocking storage container in the engaged position (fig. 6) and the locking tab is moved away from the centerline in the disengaged position; and a biasing member (148) disposed between the grip and the interlocking storage container, wherein the biasing member biases the latch towards the engaged position.
Regarding claim 12, note a second latch on a second side of the interlocking storage container in fig. 2A, with a second grip, locking tab and biasing member as the first latch.
Regarding claim 14, note a first recess and a second same recess in a top of the interlocking storage container on the opposite side with an overhang and extends to a second side of the interlocking storage container in fig. 2A.
Regarding claim 15, note a third recess cited above, disposed between the first recess and the second recess.
Regarding claim 16, Christopher teaches disposing a first storage container (102) on a top of a second storage container (101), wherein the first storage container comprises a latch (130) on a side of the first storage container, the latch comprising a biasing member (148), wherein the latch is pivotable between an engaged position (fig. 5) and a disengaged position (fig. 6) and the biasing member biases the latch to the engaged position (cited above); and configuring the latch in the engaged position, wherein the latch is engaged with and is disposed within an overhang (140) of the second storage container.
Regarding claim 17, note the same second latch on a second side of the first storage container, the second latch comprising a second biasing member, wherein the second latch is pivotable between an engaged position and a disengaged position and the second biasing member biases the second latch to the engaged position; and the method further comprises configuring the second latch in the engaged position, wherein the second latch is engaged with and is disposed within a second overhang of the second storage container.
Regarding claim 19, note the second same latch on the other side.
Regarding claim 20, note the disengaged position when 142 is pressed, wherein the latch is released from overhang of the second storage container.
Applicant's arguments have been fully considered but they are not persuasive. Applicant asserts Christopher fails to teach or disclose: a) "a locking tab moves toward a centerline of the first storage container as the latch moves to the engaged position and away from the centerline as the latch moves to the disengaged position”, and b) "a second storage container comprising a recess in a top of the second storage container, the recess comprising an overhang and extending to a side of the top of the second storage container, wherein in response to the first storage container being disposed on the top of the second storage container with the latch in the engaged position, the locking tab of the latch on the side of the first storage container is received by and is disposed under the overhang of the recess in the top of the second storage container". Applicant asserts that Christopher merely discloses a side-mounted catch formed by top wall 140 of first housing 132 that is engaged by projection 144 of latch 136.
The examiner submits:
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i) Regarding the limitation, Note the portion 144 moves toward the center line of the container in fig. 5 and portion 144 moves away from the center line of the container as it moves to the unlock position in fig. (6) meeting the limitation “the locking tab moves toward a centerline of the first storage container as the latch moves to the engaged position and away from the centerline as the latch moves to the disengaged position”.
ii) Regarding recess, Christopher teaches a recess at 138 show in figs. 1A, 4, 5, and 6, and the recess 138 is on the top of the container and comprises an overhang formed by wall 140. Note that “overhang” broad and comprises a top wall of the recess, and portion 140 is the the claimed overhang. There is no structural difference between the claimed “overhang” and top wall 140 in Christopher. Also, the top wall 140 engage with the tab at 144 performing the same function as applicant’s invention.
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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 TRI M MAI whose telephone number is (571)272-4541. The examiner can normally be reached 8am-5pm (Mon-Friday).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathan Jenness can be reached at (571) 270-5055. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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TRI M. MAI
Examiner
Art Unit 3733
/TRI M MAI/Primary Examiner, Art Unit 3733
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