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 .
Drawings
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 central body which extends DOWNWARD from the platform as recited in Claim 2 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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.
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 1-20 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.
Independent claims 1 and 18 recite a platform or a male coupler for a stackable utility module configured to engage a female coupler on an adjacent utility module in the preamble.
Regarding Claim 1, it is unclear if it is PLATFORM or the UTILITY MODULE which engages the female coupler. Similarly, regarding Claim 18, it is unclear which component -either the MALE COUPLER or the UTILITY MODULE which is configured to engage the female coupler. Also note that the transitional phrase “comprising” is repeated in Claim 1, thereby rendering the subject matter of the claim indefinite.
For the purposes of examination, it will be assumed that all claims are generally directed to the embodiment of Figure 24 which shows a plurality of male couplers (360) on a utility coupling platform (358) where the couplers are configured to engage a female coupler.
Regarding Claim 2, as discussed above, the drawings do not show a first male coupler comprising a central body that extends DOWNWARD FROM the platform. As shown in Figure 24, the male coupling members extend UPWARD or OUTWARD from the platform. For the purposes of examination, it will be assumed that the claim intends to identify the central body extends upward from the platform planar body.
Claim Rejections - 35 USC § 103
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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Wang (US 5035389).
Regarding Claim 1, Wang discloses a male coupler comprising a first male coupler configured to engage a space between a locking rib (231’) of the female coupler (21) and a depressed surface (defined within channel 22) of the female coupler. The male coupler comprises at least one locking tongue (defined by trapezoidal plate 10) extending along a sliding/guiding path (23) in a second direction opposite a first direction. While Wang does not disclose a platform, Wang does disclose the male coupler is attached to a wall (30). A person having ordinary skill in the art would recognize and find obvious that the couplers of Wang may be attached to a horizontal platform surface instead of a vertical wall as the simple substitution of one known flat connectable surface for another that would produce no unexpected results. Please see Tu (US 2008/0105803) for a known example of couplers integrated into a platform having apertures (303).
Similarly, while the preamble discusses the platform is for a stackable utility module, this appears to be a statement of intended use and does not impart any structural limitations to the male coupler. A person having ordinary skill in the art would recognize and find obvious that such male couplers disclosed in Wang may be used for stackable utility modules, as the containers (5) disclosed in Wang may be stackable as is generally practiced in the art as seen in Gould (US 3347394) which discloses similar wall-mountable bin containers with wall engagement means (23, 24).
Regarding Claim 2, Wang discloses the male coupler comprises a central body (defined by the pair of ribs 11) that extends outward from the wall, and wherein the at least one locking tongue defined by the trapezoidal plate comprises a first locking tongue offset from the platform that protrudes from the central body in a third direction; and a second locking tongue offset from the platform that protrudes from the central body in a fourth direction opposite the third direction on opposite sides of the ribs.
Regarding Claim 3, Wang discloses the first locking tongue extends from a front of the first male coupler a first distance that is more than twice as far as the first locking tongue protrudes from the central body, and wherein the second locking tongue extends from the front of the first male coupler a second distance that is more than twice as far as the second locking tongue protrudes from the central body.
Regarding Claim 4, as shown in Figure 11, Wang discloses the platform comprises a plurality of male couplers including the first male coupler, each of the plurality of male couplers comprising at least one locking tongue, the at least one locking tongue configured for arresting engagement with the locking rib of the female coupler.
Regarding Claim 5, Wang does not disclose a plate from which the first male coupler extends, the plate defining a plurality of apertures configured to receive fasteners to couple the plate to an article. Rather, Wang discloses the trapezoidal plate has a plurality of holes through which a plurality of screws (17) can pass to secure it to a wall (Col. 2 Lines 36-39). A person having ordinary skill in the art would recognize and find obvious that the location of such holes may be modified in order to provide an alternate means of fastening a planar surface with such male couplers to another exterior surface.
Regarding Claim 6, while Wang does not disclose the plurality of apertures are located around a periphery of the plate, a person having ordinary skill in the art would recognize and find obvious that the location of such apertures may be relocated to adjust for different mounting positions or differently sized containers.
Regarding Claim 7, as discussed above, while Wang discloses apertures for receiving fasteners, Wang does not disclose the plate defines a first aperture. However, a person having ordinary skill in the art would recognize and find obvious that the location of the apertures may be varied and would provide no unexpected results in the ability to fasten the couplers to a desired surface or article.
Regarding Claim 8, Wang discloses a plurality of male couplers as shown in Figure 11, wherein each of the plurality of male couplers is configured to arrestingly engage a space between a locking rib of a female coupler and a depressed surface of a female coupler.
Regarding Claim 9, Wang discloses the plurality of male couplers extend from a same surface of the wall/plate.
Regarding Claim 10, Wang discloses in Figure 11 the plurality of male couplers are arranged in a first row of at least two male couplers and a second row of at least two male couplers.
Regarding Claim 11, Wang discloses the first row is parallel to the second row.
Regarding Claim 12, Wang discloses the plurality of male couplers are arranged in a first column of at least two male couplers and a second column of at least two male couplers, and wherein each of the first column and second column are perpendicular to each of the first row and the second row.
Regarding Claim 13, Wang discloses each of the plurality of male couplers comprises a central body extending from the plate, a first rib extending from the central body in a third direction, and a second rib extending from the central body in a fourth direction opposite the third direction.
Regarding Claim 14, Wang discloses each of the plurality of male couplers comprises a back wall (14) extending from the central body and the plate, and wherein each of the first ribs and the second ribs extends from the back wall.
Regarding Claim 15, Wang discloses the first rib of the first male coupler extends from the central body of the first male coupler along a first axis, and wherein the first rib of a second male coupler of the plurality of male couplers extends from the central body of the second male coupler along the first axis.
Regarding Claim 16, Wang discloses the first rib of the first male coupler extends from the back wall of the first male coupler along a second axis, and wherein the first rib of a third male coupler of the plurality of male couplers extends from the back wall of the third male coupler along the second axis.
Regarding Claim 17, Wang discloses he first rib of the first male coupler extends from the back wall of the first male coupler along a second axis, and wherein the first rib of a third male coupler of the plurality of male couplers extends from the back wall of the third male coupler along the second axis.
Regarding Claim 18, as discussed above, Wang discloses a male coupler with a protrusion configured with at least one locking tongue extending along a sliding path in a second direction opposite a first direction that a locking rib of the female coupler extends, the at least one locking tongue configured for arresting engagement between a locking rib of the female coupler and a depressed surface of the female coupler.
Regarding Claim 19, Wang discloses a central body, wherein the at least one locking tongue comprises a first locking tongue that protrudes from the central body in a third direction and a second locking tongue that protrudes from the central body in a fourth direction opposite the third direction.
Regarding Claim 20, Wang discloses the first locking tongue extends from a front of the male coupler a first distance that is more than twice as far as the first locking tongue protrudes from the central body, and wherein the second locking tongue extends from the front of the male coupler a second distance that is more than twice as far as the second locking tongue protrudes from the central body.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GIDEON R. WEINERTH whose telephone number is (571)270-5121. The examiner can normally be reached Monday-Friday 10AM-6PM 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, Orlando Aviles can be reached at (571) 270-5531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/GIDEON R WEINERTH/Primary Examiner, Art Unit 3736
Prosecution Insights