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 .
Applicant’s election without traverse of Species A, Figures 1-6 and claims 1-2, 4-8, 10-12, 14-18 and 20 in the reply filed on June 3, 2026 is acknowledged.
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
Claims 8 and 18 are rejected under 35 U.S.C. 112(a) as failing to comply with the written description requirement. The claims contain subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, at the time the application was filed, had possession of the claimed invention. While mentioned in the specification as possibly being provided in the embodiment of Figures 1-5, there appears to be no representation of “upwardly facing protrusions” in Species A, Figures 1-6, and as such claim 8 should be withdrawn as non-elected as not represented in the elected species, the Figures defining the species. Otherwise, such “upwardly facing protrusions” are not indicated in Figures 1-6, and their composition is indefinitely represented so as to be unsupported.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the claimed “upwardly facing protrusions” must be shown or the feature canceled from the claims. No new matter should be entered. Inclusion of the “upwardly facing protrusions” in Figures 1-6 would be new matter. Numbering to clearly indicate their disposition would not be new matter.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claims 1-2, 4-8 and 10 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention. In claim 1, line 4, “the first rail” and line 6, “the second rail” each lack antecedent basis for one of each from “first and second rails” in line 2. The initial definition of the rails should be --a first rail and a second rail-- in line 2. Similarly, in claim 1, lines 10-11, “the first rail receiving groove” and lines 11-12, “the second rail receiving groove” each lack antecedent basis for one of each from “first and second rail receiving grooves” in line 10. The initial definition of the rail receiving grooves should be --a first rail receiving groove and a second rail receiving groove-- in line 10. Similarly, in claim 1, line 11, “the first lip” and line 13, “the second lip” each lack antecedent basis for one of each from “first and second lips” in line 10. The initial definition of the lips should be --a first lip and a second lip-- in line 10.
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 1-2 and 4-7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Camp et al. (12,179,956)(Figures 16A-16G, 20A-20G and 27A-27G). Camp et al. discloses an interlocking bin (12f, see Figure 20A) comprising a main body (16) and a lid (14), the main body having a bottom surface (16a) and a first rail (one 160) and a second rail (another 160), each rail projecting downwardly from the bottom surface and extending longitudinally, the first rail having a first foot (extending into indented portions of 16a), the first foot extending laterally and being spaced from the bottom surface of an indented portion of the bottom surface thereby defining a first rail cavity between the first foot and the bottom surface of the main body, the second rail having a second foot (extending into indented portions of 16a), the second foot extending laterally and being spaced from an indented portion of the bottom surface thereby defining a second rail cavity between the second foot and the bottom surface of the main body, the lid (14) having a first rail receiving groove (one 156) and a second rail receiving groove (another 156) and a first lip (overlying and spaced from the bottom of 156, see Figure 20F at 156) and a second lip (overlying and spaced from the bottom of 156, see Figure 20F at 156), the first rail receiving groove having a first upwardly facing surface (planar bottom of 156), the second rail receiving groove having a second upwardly facing surface (planar bottom of 156), the first lip spaced from the first upwardly facing surface thereby defining a first groove cavity between the first lip and the first upwardly facing surface
the second lip spaced from the second upwardly facing surface thereby defining a second groove cavity between the second lip and the second upwardly facing surface, the first and second rails configured to be slidably received by first and second rail receiving grooves, respectively of a second bin (see Figure 27C) in a stacked position, the second bin being identical to the single interlocking bin (see Figure 27C), wherein in the stacked position, the first foot is received in a first groove cavity of the second bin, the second foot is received in a second groove cavity of the second bin, the first rail cavity of the single interlocking bin configured to receive a first lip of the second bin and the second rail cavity of the single interlocking bin configured to receive a second lip of the second bin.
As to claim 2, Camp et al. discloses the lid (14 of Figure 20A) has a length longer than a width, and each of the first and second rail receiving grooves (156 and 156) extend the length of the lid.
As to claim 4, Camp et al. discloses the main body (16) further comprises a plurality of first and second rails (all 160s) projecting downwardly from the bottom surface and extending longitudinally.
As to claim 5, Camp et al. discloses a latch (28) on the main body, the latch configured to couple the lid to the main body.
As to claim 6, Camp et al. discloses the lid (14) hingedly coupled (at 30) to the main body.
As to claim 7, Camp et al. discloses a combination of the interlocking bin with another bin of a size different from the interlocking bin (see Figures 24A-24C), wherein the lid of the interlocking bin is adapted to slidably couple with another bin.
Claims 11-12 and 14-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Camp et al. (12,179,956)(Figures 16A-16G, 20A-20G, 24A-24C and 27A-27G). Camp et al. disclose an interlocking bin (12c or 12f, see Figures 16A, 20A and 27A) comprising a main body (16) and a lid (14), the main body having a bottom surface (16a) and a rail (one 160) projecting downwardly from the bottom surface and extending longitudinally, the rail having a foot (extending into indented portions of 16a) extending laterally and being spaced from the bottom surface of an indented portion of the bottom surface, the lid (14) having a rail receiving groove (one 156), the rail configured to be slidably received by the rail receiving groove of a second bin (see Figure 27C) in a stacked position, the second bin being identical to the interlocking bin, wherein in the stacked position, a bottom-facing surface of the rail rests adjacent the upwardly facing surface of the rail receiving groove of the second bin to prevent downward movement of the interlocking bin relative to the second bin, and the foot interacts with the rail receiving groove of the second bin to prevent lateral movement of the interlocking bin relative to the second bin.
As to claim 12, Camp et al. discloses the lid (14 of Figure 20A) has a length longer than a width, and rail receiving groove (156) extend the length of the lid.
As to claim 14, Camp et al. discloses the main body (16) further comprises a plurality of rails (all 160s) projecting downwardly from the bottom surface and extending longitudinally.
As to claim 15, Camp et al. discloses a latch (28) on the main body, the latch configured to couple the lid to the main body.
As to claim 16, Camp et al. discloses the lid (14) hingedly coupled (at 30) to the main body.
As to claim 17, Camp et al. discloses a combination of the interlocking bin with another bin of a size different from the interlocking bin (see Figures 24A-24C), wherein the lid of the interlocking bin is adapted to slidably couple with another bin.
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 10 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Camp et al. (12,179,956)(Figures 16A-16G, 20A-20G and 27A-27G) in view of Meier et al. (6,889,838). Camp et al. do not disclose providing the stackable interlocking tool bin by injection molding. However, Meier et al. disclose it was known to provide a stackable interlocking tool bin by injection molding (see column 5, lines 16-25).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the interlocking bin of Camp et al. by injection molding in the manner of Meier et al. as claimed, as such a modification would predictably provide a known and expedient manner of providing the components of a bin to one of ordinary skill in the art, as suggested by Meier et al..
Prior Art not relied upon: Please refer to the additional references listed on the attached PTO-892, which, while not relied upon for the claim rejection, these references are deemed relevant to the claimed invention as a whole.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRYON P GEHMAN whose telephone number is (571) 272-4555. The examiner can normally be reached on Tuesday through Thursday from 7:30 am to 5:00 pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Orlando Aviles-Bosques, can be reached on (571) 270-5531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRYON P GEHMAN/Primary Examiner, Art Unit 3736
Bryon P. Gehman
Primary Examiner
Art Unit 3736
BPG
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