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 § 102
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Huang (8,387,791). Huang discloses a tool storage device (10; Figs. 1-3) comprising a base (30, 31) and at least one first seat (32) swingably on the base and the at least one first seat including at least one first chamber (3221; Fig. 3) and the first chamber configured to receive a tool (42).
Claim(s) 1 and 2 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Yu (6,615,983). Yu discloses a tool storage device (1, 2) comprising a base (2) and at least one first seat (1) swingably on the base and the at least one first seat including at least one first chamber (12) and the first chamber configured to receive a tool (3; 4).
As to claim 2, Yu further discloses the base comprises a main body (a bottom wall as shown in Fig. 4) and two flanges (two opposite side walls as shown in Fig. 4), the main body extends in a first direction (along a horizontal direction), each of the two flanges protrudes perpendicularly to the first direction (vertical direction) from the main body, and the two flanges are inherently capable to be slidably inserted in a track.
Allowable Subject Matter
Claims 3-17 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LUAN K BUI whose telephone number is (571)272-4552. The examiner can normally be reached Generally M-F, 7-4.
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/LUAN K BUI/
Primary Examiner, Art Unit 3736