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 .
Election/Restrictions
Applicant’s election without traverse of Invention II (Claims 8-14) in the reply filed on 06/08/2026 is acknowledged.
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.
Claims 10 and 12-14 are 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 10 recites the limitation "the two components" in line 2 of the claim. There is insufficient antecedent basis for this limitation in the claim. Appropriate correction is required.
Claim 12 recites the limitation "the number” in line 1 of the claim. There is insufficient antecedent basis for this limitation in the claim. Appropriate correction is required.
Clams 13-14 are rejected as being dependent upon a rejected base claim.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for 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 8 is rejected under 35 U.S.C. 103 as being unpatentable over Hanlon 2022/0287457 in view of Aprin 5,560,507.
Regarding claim 8, Hanlon discloses a storage system (Fig 1) that is capable of being used for securing scrapbooking markers, the system comprising:
a storage assembly (Fig 1, #2) comprising:
a first stability plate (Fig 1, #20) having a plurality of equally sized openings (annotated Fig 1 below) coordinated in rows and columns;
a second stability plate (Fig 1, #40) being substantially identical to the first stability plate (Fig 1, #20); and
a plurality of spacers (Fig 1, #4, #5, #6, & #7) (annotated Fig 1 below) for securing to and between each of the first (Fig 1, #20) and second stability plates (Fig 1, #40) and retaining the stability plates (Fig 1, #20 & #40) in a spaced apart and parallel orientation (similar to what is shown in Fig 11A for illustration purposes only);
wherein the storage system comprises a storage container (i.e. compact package [0031] shipping container [0040]) having a base; wherein the storage assembly (Fig 1) is configured to be received within the base of the storage container [0031] [0040].
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Hanlon has been discussed above but does not explicitly teach wherein the storage system comprises a storage container having a base with four sides and a removable lid; wherein the storage assembly fits securely within the base of the storage container.
Aprin discloses a storage system (Fig 3) that comprises a storage container (Fig 3, #22) having a base (Fig 3, #22) with four sides (shown in Fig 3) and a removable lid (Fig 3, #24); wherein a storage assembly (Fig 3, #28 & #32) fits securely within the base (Fig 3, #22) of the storage container (Fig 3, #22).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to store the storage assembly (Hanlon, Fig 1, #2) of Hanlon with a storage container (i.e. Aprin, Fig 3, #22) having four side walls (Aprin, shown in Fig 3) and a removable lid (Aprin, Fig 3, #24) in order to easily ship and transport the storage system (Hanlon, Fig 1) of Hanlon form one location to another (Hanlon, [0031] [0040]). Further, shipping containers come in all sizes and large shipping containers can store the assembled rack of Hanlon therein or the collapsed rack of Hanlon therein.
Claims 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Hanlon 2022/0287457 and Aprin 5,560,507; and further in view of
Jaffee 3,858,530 and Lerman 5,566,836.
Regarding claims 9-11, modified Hanlon discloses the storage system wherein the spacers (Hanlon, Fig 1, #4, #5, #6, & #7) comprise spacing tubes (Hanlon, Fig 1, #4, #5, #6, & #7) (claim 9).
Modified Hanlon has been discussed above but does not explicitly teach wherein the spacers comprise plate engagement washers and locking pins (claim 9); wherein the spacing tubes have a threaded interior, and the locking pins have a corresponding threaded exterior, and the two components engage one another to secure to each stability plate (claim 10); and wherein the engagement washers have a raised area which corresponds to the openings of each stability plate (claim 11).
Jaffee discloses a storage system (Fig 1) that comprises spacers (Fig 1, #11) that comprise plate engagement washers (Fig 2, #66) and locking pins (Fig 2, #64) (claim 9); wherein the spacers (Fig 1, #11) have a hole (Abstract, hole that receives the bolt #64), and the locking pins (Fig 2, #64) have a corresponding threaded exterior (Abstract), and the two components engage one another to secure to each stability plate (Fig 1, #18 & #16) (Abstract) (claim 10); and wherein the engagement washers (Fig 2, #66) have a raised area (annotated Fig 2 below) which corresponds to openings (space between the wires) of each stability plate (Fig 1, #18 & #16) (claim 11).
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Lerman teaches that it is old and well known for posts or spacers (Fig 2, #12 & #14) to have threaded interiors or threaded holes (Fig 2, #42, #44, #50, & #52).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to add engagement washers (Jaffee, Fig 2, #66) and locking pins (Jaffe, Fig 2, #64) to the storage system (Hanlon, Fig 1) of modified Hanlon and form holes in the spacing tubes (Hanlon, Fig 1, #4, #5, #6, & #7)
of modified Hanlon and the sleeves (Hanlon, Fig 1, #23) of modified Hanlon in order to further secure the connection between the stability plates (Hanlon, Fig 1, #20 & #40) and the spacing tubes (Hanlon, Fig 1, #4, #5, #6, & #7).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to replace the holes of the spacing tubes (Hanlon, Fig 1, #4, #5, #6, & #7) of modified Hanlon with threaded holes (Lerman, Fig 2, #42, #44, #50, & #52) because the substitution of one known hole (i.e. threaded hole or non-threaded hole) for another would have yielded predictable results to one of ordinary skill in the art at the time of the invention.
Claims 12-14 are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Hanlon 2022/0287457 and Aprin 5,560,507; and further in view of
Shah D781063.
Regarding claims 12-13, modified Hanlon has been discussed above but does not explicitly teach wherein the number of equally sized openings is in the range of 350 to 370 (The number of openings in each stability plate (Hanlon, Fig 1, #20 or #40) is about 50).
Shah teaches that it is old and well known for a wire shelf or stability plate (annotated Fig 1 below) to have hundreds of openings (shown in Fig 1).
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It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the stability plates (Hanlon, Fig 1, #20 & #40), to have hundreds of openings of openings as taught by Shah in order to make the stability plates (Hanlon, Fig 1, #20 & #40) more aesthetically appealing and allow the stability plates (Hanlon, Fig 1, #20 & #40) to hold smaller items.
It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the stability plates (Hanlon, Fig 1, #20 & #40) to have between 350 to 370 openings since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. Further, the substitution of one known number openings in a wire shelf (i.e. 50 openings, 350 openings, or 1000 openings) for another would have yielded predictable results to one of ordinary skill in the art at the time of the invention.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEVIN K BARNETT whose telephone number is (571)270-1159. The examiner can normally be reached Monday-Friday 10am-6pm.
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/DEVIN K BARNETT/Primary Examiner, Art Unit 3631
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