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 .
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.
Claim(s) 16-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Whitmire et al. (US 11,884,456), which in figures 16A-25E disclose the following claimed limitations:
In re claim 16: a utility module 300 comprising: a base 112 comprising: an interior surface, the interior surface defining a storage compartment (FIG.19D); a lid 116 coupled to the base 112, the lid 116 comprising: an exterior surface (FIG.19C); and one or more couplers 144 defined in the exterior surface; a cubby 286 positioned within the storage compartment and along a side of the interior surface of the base 112 (see FIG.19D), the cubby 286 defining a second storage compartment configured to receive and support tools; the cubby 286 comprising a pair of arms 288 projecting away from the second storage compartment and engaging the side of the interior surface of the base 112 (FIG.16D and Col.10, ll.16-27); and one or more cartridges 348 positioned within the storage compartment and coupled to the base 112, the one or more cartridges 348 configured to interlock with other cartridges 348 (Col.10, ll.38-59), the one or more cartridges each comprising an opening (FIG.19A) configured to receive and support a tool 372 (see 16A-25E)
In re claim 17: one or more wall panels 318 mounted to the pair of arms 288 of the cubby and positioned along the interior surface of the base 112, wherein the one or more wall panels 318 can be positioned between the base 112 and the one or more cartridges 348 (FIG.16D and Col.10, ll.16-27).
In re claim 18: each of the one or more wall panels 318 comprises: a front wall (one side of 318); and a compartment (groove compartment for receiving 313) defined by the front wall 318 (Col.9, ll.39-55),
Claim Rejections - 35 USC § 103
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) 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Whitmire et al. (US 11,884,456) in view of Makos (US 2023/0011990).
In re claim 19: Whitmire et al. discloses the one or more cartridges 348 each comprise: a body (bottom 348), the body comprising a joint 360; and a top (top 348) coupled to the body, wherein the opening is defined in the top (FIG.19A).
In re claim 20: one or more wall panels (318 or inner container wall panels of 30) mounted along the interior surface of the base 30, the one or more wall panels comprising a second joint 360 configured to receive and engage the joint 360 of the one or more cartridges 348 (FIG.19D).
Whitmire et al. discloses the claimed invention as discussed above with the exception of the following claimed limitation that is taught by Makos:
Makos teaches the provision of using dovetail joints for attaching cartridges to container walls (see figures 9A-9D of Makos).
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively file to modify the joint of Whitmire et al. with a dovetail joint as taught by Makos in order to provide a carrier for smaller loose magnetic items the required storing when in use (see figures 9A-9D of Makos).
Response to Arguments
Applicant's arguments filed 06/26/2026 have been fully considered but they are not persuasive. In response to the arguments regarding claim 16. In the Examiner’s opinion the prior art Whitmire et al. discloses the newly amended limitation. Figure 16D discloses the cubby 286 comprising a pair of arms 288 projecting away.
Allowable Subject Matter
Claims 1, 3-15 and 21-22 are allowed.
Conclusion
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 ERNESTO A GRANO whose telephone number is (571)270-3927. The examiner can normally be reached M-F 7:00-3:30 EST.
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, Anthony Stashick can be reached at (571)272-4561. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ERNESTO A GRANO/ Primary Examiner, Art Unit 3735
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