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 .
Specification
The disclosure is objected to because reference character “2” has been used to designate closure device and storage container.
Claim Objections
Claim 6 is objected to because of the following informalities: “an concave” should be corrected to “a concave”. Appropriate correction is required.
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.
Claim(s) 1-3, 5-11, and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kahl (US 5125697) and further in view of Lee (US 20060049640).
Claim 1: Kahl discloses a container 10 (storage container) comprising: a lid 11 (cover) defining a first shell with a first concave inner side; a base portion 12 (base) defining a second shell with a second concave inner side, the first and second concave inner sides facing each other to define a storage space; a hinge provided at a rear of the lid 11 (cover) and the base portion 12 (base) to allow reversible pivoting of the lid 11 (cover) relative to the base portion 12 (base) [see C. 2 L. 60-63]; and a closure device provided on a front of the lid 11 (cover) and the base portion 12 (base), the closure device comprising: a first connection element; a second connection element; and a latch assembly 13 (locking element), wherein the first connection element is positioned on the lid 11 (cover) and the second connection element is positioned on the base portion 12 (base) in such a way that the first and second connection element at least partially bear against one another when the lid 11 (cover) and the base portion 12 (base) bear against one another to close the container 10 (storage container), the latch assembly 13 (locking element) being positionable on the base portion 12 (base) reversibly in a locking position or release position, wherein, in the locking position, separation of the first connection element from the second connection element is prevented, and, in the release position, separation of the first connection element from the second connection element is allowed; the first connection element having a first frontal plane, the second connection element having a second frontal plane, and the latch assembly 13 (locking element) having a third frontal plane, the first and second frontal plane being oriented parallel to one another and the third frontal plane having a distance from the first frontal plane and having another distance from the second frontal plane when the latch assembly 13 (locking element) is situated in the locking position, wherein the latch assembly 13 (locking element) can be utilized with containers of essentially all configurations with the container depicted merely to show the environment for latch assembly 13 (locking element) and the first and second connection element are depicted as extending fully across their respective recess 16 and 19 such that a portion of the latch assembly 13 (locking element) contacts the first frontal plane of the first connection element; the latch assembly 13 (locking element) being attached to pivot on the container 10 (storage container) at a location apart from the first and second connection element (see annotated fig. 4 below and fig. 2 & C. 2 L. 67-C. 3 L. 2).
Kahl does not disclose a first and second closure device provided on the front of the cover and the base, a handle located between the first and second closure device, the distance being selected to be between 2 and 10 mm to avoid a force or momentum transfer from the locking element to the first connection element and second connection element.
Lee discloses a tool box having a first casing 10 and a second casing 20, a hinge provided at a rear of the first casing 10 and second casing 20, two locking mechanisms 3 provided on a front of the first casing 10 and second casing 20, a handle located between the two locking mechanisms 3, and wherein each locking mechanism 3 has a locking unit 60 located in a recess of the second casing 20 and a seat 31 located in a recess of the first casing 10, wherein the locking unit 60 and seat 31 extend only partially across the recesses of the first and second casings 10 & 20 such that the locking unit 60 and seat 31 are receivable in a snapping member 50 (see fig. 1-2 & 6).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the container 10 (storage container) to have a handle between two closure devices on the front of the lid 11 (cover) and the base portion 12 (base), as taught by Lee, in order to better restrain the lid 11 (cover) to the base portion 12 (base) while additionally providing a means to lift and carry the container 10 (storage container) in an additional orientation.
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the first and second connection element to extend only partially across the recesses 16 & 19 such that they are receivable in the latch assembly 13 (locking element), as taught by Lee, as Kahl discloses that the latch assembly 13 (locking element) can be utilized with containers of essentially all configurations and in order to reduce materials and protect the first and second connection element from damage.
The distance of the combination inherently or in the alternative obviously is selected to avoid a force or momentum transfer from the latch assembly 13 (locking element) to the first connection element and second connection element as the prior art combination discloses a structurally identical layout to the claimed closure device which has a third frontal plane of the latch assembly 13 (locking element) having a distance from the first frontal plane of the first connection element such that the two planes are spaced from one another (annotated fig. 4 below and fig. 2). If there is any difference, the difference must be minor and obvious. The burden is shifted to applicants to show the distance of the prior art combination will not avoid any force or momentum transfer from the latch assembly 13 (locking element) to the first connection element and second connection element. Otherwise a prima facie case of obviousness has been established. MPEP 2112 & 2113
The combination discloses the claimed invention except for the distance being between 2 and 10 mm. It would have been an obvious matter of design choice to one of ordinary skill in the art before the effective filing date of the invention to have made the distance between 2 and 10 mm, since it has been held that changing the size or range of an article is not ordinarily a matter of invention. Appropriate selection of size, weight, ratios, etc. is considered routine, and is typically a matter of design choice. See In re Rose 105 USPQ 237 (CCPA 1955) and also MPEP 2144.04. It is further noted that no criticality has been established for this range
PNG
media_image1.png
403
480
media_image1.png
Greyscale
Claim 2: The combination discloses wherein the latch assembly 13 (locking element) includes a first end, a second end, a first side wall and a second side wall, forming, together with the third frontal plane, a concave inner surface, the first and second connection element being receivable in the concave inner surface (see annotated fig. 4 above and annotated fig. 2 below).
PNG
media_image2.png
391
474
media_image2.png
Greyscale
Claim 3: The combination discloses wherein the first connection element defines a rib 37 (first constituent part) of a latching closure, and the latch assembly 13 (locking element) defines a lug member 36 (second constituent part) of the latching closure, the latch assembly 13 (locking element) being releasable with respect to the first connection element.
Claim 5: The combination discloses the distance being a distance X and the another distance being larger than X (see annotated fig. 4 above).
Claim 6: The combination discloses the latch assembly 13 (locking element) being a flap with a first end, a second end, a first side wall, a second side wall, a front side and a rear side, the rear side and the first and second side walls forming an concave inner surface (see annotated fig. 2 below and annotated fig. 4 above).
PNG
media_image3.png
430
396
media_image3.png
Greyscale
Claim 7: The combination discloses wherein the rear side contains the third frontal plane (see annotated fig. 2 and 4 above).
Claim 8: The combination discloses the second end having two gripping recesses 38 (cutouts) (see annotated fig. 2 above and fig. 4).
Claim 9: The combination discloses wherein the gripping recesses 38 (cutouts) are semicircular (see fig. 4).
Claim 10: The combination discloses wherein the second connection element has a first side face, a second side face, a rear side, a front side and a bottom face (see annotated fig. 4 below and fig. 1-2 ‘640).
PNG
media_image4.png
355
373
media_image4.png
Greyscale
Claim 11: The combination discloses wherein the second frontal plane extends along the front side (see annotated fig. 4 above).
Claim 13: The combination discloses wherein front of the lid 11 (cover) and the base portion 12 (base) has a depression and the first and second connection elements are located in the depression (see annotated fig. 2 above).
Claim(s) 4 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kahl (US 5125697) and Lee (US 20060049640) as applied to claim 6 above, and further in view of Dickinson (US 6085928).
Claim 4: The combination discloses the claimed invention except for the first connection element including an elevation having a rectangular cross-sectional area, and the second connection element containing a depression corresponding to the elevation and having a further rectangular cross-sectional area, the elevation at least partially receivable in the depression when the first connection element bears against the second connection element.
Dickinson teaches a first connection element including an elevation having a rectangular cross-sectional area, and a second connection element containing a depression corresponding to the elevation and having a further rectangular cross-sectional area, the elevation at least partially receivable in the depression when the first connection element bears against the second connection element (see annotated fig. 3 below).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the first connection element to have an elevation with a rectangular cross-sectional area and to have modified the second connection element to have a depression having a further rectangular cross-sectional area that can at least partially receive the elevation when the first connection element bears against the second connection element, as taught by Dickinson, in order to provide additional positive engagement between the first connection element and second connection element to ensure proper seating and assisting in preventing slipping or displacement out of alignment.
PNG
media_image5.png
376
384
media_image5.png
Greyscale
Claim 12: The combination discloses wherein the second connection element has a first side face, a second side face, a rear side, a front side and a bottom face formed at the lower extent of the depression, the depression extending upwardly from the bottom face (see annotated fig. 4 below and fig. 1-2 ‘640).
PNG
media_image6.png
333
373
media_image6.png
Greyscale
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALLAN D STEVENS whose telephone number is (571)270-7798. The examiner can normally be reached Monday-Friday 12-8 ET.
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 E. 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.
/ALLAN D STEVENS/ Primary Examiner, Art Unit 3736
Prosecution Insights