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 .
Application Status
Claims 1, 10-18 are pending and have been examined in this application
This communication is the first action on the merits
Claims 1, 10-18 are rejected herein
Information Disclosure Statement
As of the date of this action, an information disclosure statement (IDS) has been filed on 6/27/2025 and reviewed by the examiner.
Election/Restrictions
Applicant's election with traverse of Election of species in the reply filed on 8/7/2025 is acknowledged. The traversal is on the ground(s) that there would be no serious search and/or examination burden if the species were examined in a single application. This is not found persuasive because there would be a serious search and/or examination burden if the species were examined in a single application. While there are similarities between the species, the different structures require different search terms for a patentability determination. The hook would require searching with the terms hook or latch or catch or curve, while the clip would require searching with terms such as clip or clamp or clasp or receive or hold.
The requirement is still deemed proper and is therefore made FINAL.
Claims 2-9 withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected species 1, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 8/7/2025.
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.
Claim 1 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 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.
Claim 1 recites the limitation "the other side of the base" in line 5. There is insufficient antecedent basis for this limitation in the claim. This can be amended to “an other side of the base.”
Claim 1 recites the limitation “the end of the arm” in line 5. There is insufficient antecedent basis for this limitation in the claim. This can be amended to “an end of the arm.”
Claims 10-18 are rejected based on their dependencies.
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.
Claim(s) 1, 10-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Pat. No. US 6481583 B1 ("Black").
Regarding claim 1, Black teaches a tool holder for use on a support with support holes, said tool holder comprising a base(A as seen below) with at least two pins on one side of the base(44 and 46) which pins fit in the support holes(44 and 46 fit in support holes), an arm extending from the other side of the base(B (below )extends from the other side of the base of 44 and 46), and a tool holder means at the end of the arm (tool holder means 30).
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Regarding claim 10, Black teaches the tool holder of claim 1, in which the tool holder means is a clip(30 is a clip).
Regarding claim 11, Black teaches the tool holder of claim 10, additionally comprising a base hole in the base below the clip (C is a hole below the clip 30).
Regarding claim 12, Black teaches the tool holder of claim 11, additionally comprising a recess in the base between the pins and above the base hole(D is a recess between pins 44 and 46 and above base hole C).
Regarding claim 13, Black teaches the tool holder of claim 12, additionally comprising a recess in the base below the base hole below the clip (the underside of 20 is a recess in the base below hole C and below clip 30).
Regarding claim 14, Black teaches the tool holder of claim 13, additionally comprising a pair of arm ribs to strengthen the arm (arm ribs E as seen below).
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Regarding claim 15, Black teaches the tool holder of claim 14, additionally comprising one or more pockets for a label on the base. (F is a pocket for a label on the base)
Regarding claim 16, Black teaches the tool holder of claim 11, in which the arm is a hollow double walled arm (B is a hollow double walled arm).
Regarding claim 17, Black teaches the use of one or more of the tool holder of claim 1, on a support with support holes to hold tools (see Fig. 18, the tool holder is being used to on a support with support holes to hold tools).
Regarding claim 18, Black teaches the tool holder of claim 1, in which the support is attached to or comprises a wall or a side of a toolbox (see Abstract, the support structure may be secured to a wall).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM DONALD JOHNSON whose telephone number is (571) 272-9214. The examiner can normally be reached M-Th between 7:30 AM and 5:30 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Liu can be reached at 5712728227. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/W.D.J./Examiner, Art Unit 3631
/ANNA M MOMPER/Supervisory Patent Examiner, Art Unit 3619
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