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
Applicants’ election without traverse of Species III, Fig. 7 in the reply filed on 05/19/2026 is acknowledged. Claim 9 and 16-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Species, there being no allowable generic or linking claim. Claims 1-8 and 10-15 are pending.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 04/11/2025 and 05/19/2026 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Claim Rejections - 35 USC § 112(b)
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 5 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 5 recites “comprising a snap positioned at the end of each of the one or more channels to secure the retaining rod within each of the one or more channels”, this is unclear. How does a snap secure anything? A snap is a sudden, sharp cracking sound or a small fastener on clothing. Does the applicant mean half of a snap button? Does the rod then have the other half of the fitting? Does the applicant mean some kind of structure/protrusion to create a snap fit? This is unclear.
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)(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) 1-4, 6-8 and 10-15 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Cagle et al. US 2025/0136404 A1, herein after referred to as Cagle.
Regarding claim 1 Cagle discloses a modular storage system comprising:
a crate (wire dispensing storage container Figs. 1-32) comprising:
a front wall (98 cross bar and 100 metal channel, Figs.3 and 12);
a rear wall (101 back wall Fig. 11) opposing the front wall (Figs. 1, 3 and 9-10);
side walls (30 and 32 sidewalls) extending between and connecting the front wall and the rear wall, the front wall, the rear wall, and the side walls together defining a cavity (Figs. 1-13);
an insert (34 support wall) positioned within the cavity along one of the side walls (Figs. 1, 3-4, 9 and 12) the insert comprising:
an exterior surface facing the one of the side walls (side of 34 with 28B as shown in Fig. 3);
an interior surface facing the cavity (the side of 34 with 28A as shown in Fig. 3);
a plurality of walls (150 and 151, Fig.33 modified from Fig. 22, shown below) positioned on the interior surface, the plurality of walls comprising one or more pairs of adjacent walls; and one or more channels (36 channel, Fig. 22) defined between the one or more pairs of adjacent walls (150 and 151), each of the one or more channels comprising an end where one of the one or more pairs of adjacent walls meet (Figs.3-4, 12 22-23 and 33).
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Regarding claim 2 Cagle discloses the modular storage system of claim 1 and further discloses wherein the one or more channels (36) are recessed relative to the interior surface of the insert (Fig. 22 and 33).
Regarding claim 3 Cagle discloses the modular storage system of claim 1 and further discloses a retaining rod (20A rod) positioned within and supported by the one or more channels of the insert (Fig. 4).
Regarding claim 4 Cagle discloses the modular storage system of claim 3 and further discloses wherein the retaining rod (20A) is configured to rotatably support one or more reels (Fig. 1, paragraph [0042], lines 18-19).
Regarding claim 6 Cagle discloses the modular storage system of claim 1 and further discloses wherein the end of each of the one or more channels (36) is rounded (Figs. 22-23).
Regarding claim 7 Cagle discloses the modular storage system of claim 1. Cagle discloses substantially all the limitations of the claim(s) except for a second insert positioned along the side wall. It would have been obvious to one having ordinary skill in the art at the time the invention was made to have a second insert positioned along the side wall, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. Additionally a second insert allows for a variety of spool sizes to be used.
Regarding claim 8 Cagle discloses the modular storage system of claim 7 and further discloses, wherein the second insert (34 duplicate) comprises:
an exterior surface facing the one of the side walls (side of 34 with 28B as shown in Fig. 3);
an interior surface facing the cavity (the side of 34 with 28A as shown in Fig. 3);
a plurality of walls (150 and 151, Fig.33 modified from Fig. 22, shown below) positioned on the interior surface, the plurality of walls comprising one or more pairs of adjacent walls; and one or more channels (36 channel, Fig. 22) defined between the one or more pairs of adjacent walls (150 and 151, each of the one or more channels comprising an end where one of the one or more pairs of adjacent walls meet (Figs.3-4, 12 22-23 and 33).
Regarding claim 10 Cagle discloses a modular storage system comprising:
a crate (wire dispensing storage container Figs. 1-32) comprising:
a front wall (98 cross bar and 100 metal channel, Figs.3 and 12);
a rear wall (101 back wall Fig. 11) opposing the front wall (Figs. 1, 3 and 9-10);
side walls (30 and 32 sidewalls) extending between and connecting the front wall and the rear wall, the front wall, the rear wall, and the side walls together defining a cavity (Figs. 1-13);
an insert (34 support wall) positioned within the cavity along one of the side walls (Figs. 1, 3-4, 9 and 12) the insert comprising:
an interior surface (the side of 34 with 28A as shown in Fig. 3);
a plurality of walls (150 and 151, Fig.33 modified from Fig. 22, shown below) positioned on the interior surface;
and one or more channels (36 channel, Fig. 22) defined between the one or more pairs of adjacent walls (150 and 151) of the plurality of walls, (Figs.3-4, 12, 22-23 and 33),
a retaining rod (20A rod) positioned within and supported by the one or more channels of the insert (Fig. 4), the retaining rod configured to support a reel having wire (Figs. 1, 5 and 7).
Regarding claim 11 Cagle discloses the modular storage system of claim 10 and further discloses wherein the crate (10) comprises one or more bores (56 through opening) extending through the front wall (Fig. 2).
Regarding claim 12 Cagle discloses the modular storage system of claim 11 and further discloses when the reel (14 spool) is rotated, the wire is unrolled from the reel and extended through the one or more bores of the crate (Fig. 4).
Regarding claim 13 Cagle discloses the modular storage system of claim 10 and further discloses wherein the insert has a longitudinal axis, and wherein the each of the one or more channels comprises: a first portion that extends along the longitudinal axis (bottom portion at 42, Fig. 22); and a second portion that extends at an angle relative to the longitudinal axis (remaining portion of 36, Fig. 22).
Regarding claim 14 Cagle discloses the modular storage system of claim 13 and further discloses wherein each of the one or more channels comprise an end where one of the one or more pairs of the adjacent walls meet (Figs. 22 and 33).
Regarding claim 15 Cagle discloses the modular storage system of claim 14 and further discloses wherein the end of each of the one or more channels is connected to the second portion of the one or more channels (Figs. 22-23).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Lauren Kmet whose telephone number is (313)446-4834. The examiner can normally be reached M-F 9am-6pm.
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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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/L KMET/ Examiner, Art Unit 3735
/Anthony D Stashick/ Supervisory Patent Examiner, Art Unit 3735
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