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.
Claims 19 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sun US 2016/0265754.
19. Sun discloses a storage and lighting system (10, Figures 1-6) comprising:
a storage case (storage cavity 34) including a housing 20 (paragraph 0022) having: a plurality of walls (see housing walls formed by bezel 30, paragraph 0017), a lower surface (32, Fig 2 and 3), and a storage space defined by the plurality of walls and the lower surface (interior space of 34 defined by walls of bezel 30 and lower surface 32);
a battery mount (battery recess 43 accessible via battery door 44, see Fig 5-6 and paragraph 0018) configured to receive a battery (batteries disclosed in paragraph 0018, not shown in figures); and a light body 40 supported by the housing (supported via mechanism 70) adjacent the storage space (adjacent space inside 34, see Fig 2 and 4), the light body formed as a panel light (has a flat face, see flat transparent cover 54, therefore is interpreted as a panel light) and including a light source 50, wherein the light body is articulable between a first position, in which the light source extends over a portion of the storage space (see paragraph 0022, “the head section 40 could be rotated counter-clockwise about movable pivot axis M a bit more, and then the head section 40 rotated clockwise about fixed pivot axis F to close the head section 40 against the base section 20, so that the result is a different closed configuration similar to that shown in FIG. 1, but with the emission direction E being toward floor 32, rather than away from the floor 32 as shown in FIG. 1,”) and is positioned generally parallel to the lower surface (this position renders light source 50 parallel to lower surface 32), and a second position, in which the light source is askew relative to the lower surface (see at least Fig 3 where light body 40 is askew relative to 32).
20. The storage and lighting system (10, Figures 1-6) of claim 19, further comprising a hinge (pivot mechanism 70) pivotably coupling the light body 40 to the housing 20 for rotation about a first axis (paragraph 0019, see Fig 2, axis F) and about a second axis that is perpendicular to the first axis (axis M, see Fig 3 which shows 40 partially rotated via axis M).
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.
Claims 2-6, 9, 10, 12-16 are rejected under 35 U.S.C. 103 as being unpatentable over Sun US 2016/0265754.
2. Sun discloses a storage and lighting system (10, Figures 1-6) comprising: a storage case (storage cavity 34) including a housing (paragraph 0022) having: a plurality of walls (see housing walls formed by bezel 30, paragraph 0017), a first space (interior area of 34 corresponding to location of light source 50 when in closed position with light source facing surface 32, see last two lines of paragraph 0022) defined by the plurality of walls (walls of bezel 36), and a second space (interior area of 34 corresponding to location adjacent first space, indicated below in Fig 4) defined by the plurality of walls (walls of bezel 36); a light body 40 supported by the housing (supported via mechanism 70) adjacent the first space (adjacent to first space in several articulated configurations, see last few lines of paragraph 0022), the light body including a light source 50 and a rear surface (surface of 40 opposite light emitting surface, see face of 40 shown in Fig 5) opposite the light source; wherein the light body is articulable between a first position, in which the light source faces the housing and extends at least partially over the first space (see paragraph 0022, “the head section 40 could be rotated counter-clockwise about movable pivot axis M a bit more, and then the head section 40 rotated clockwise about fixed pivot axis F to close the head section 40 against the base section 20, so that the result is a different closed configuration similar to that shown in FIG. 1, but with the emission direction E being toward floor 32, rather than away from the floor 32 as shown in FIG. 1.” ) and a second position, in which the light source faces away from the housing (shows 50 facing away from housing in Figures 2-5).
Sun teaches a battery mount configured to receive a battery (battery recess 43 accessible via battery door 44, see Fig 5-6 and paragraph 0018), but does not teach the battery mount being in the second space. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to rearrange the location of the battery mount such that it is within the second space, since it has been held that rearranging parts of a prior art structure involves only routine skill in the art. In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950). One would have been motivated to make this modification to provide an alternate battery mount location for Sun.
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3. and 13. The storage and lighting system (10, Figures 1-6) of claims 2 and 12 respectively, further comprising a hinge (pivot mechanism 70) pivotably coupling the light body 40 to the housing 20 for rotation about a first axis (paragraph 0019, see Fig 2, axis F)
4. and 14. The storage and lighting system (10, Figures 1-6) of claims 3 and 13 respectively, wherein the light body 40 is rotatably coupled to the hinge 70 for rotation about a second axis that is perpendicular to the first axis (axis M, see Fig 3 which shows 40 partially rotated via axis M).
5. and 15. The storage and lighting system (10, Figures 1-6) of claims 2 and 12 respectively, further comprising a cover (bezel 60) pivotably coupled to the housing 20 (via pivoting mechanism 70, see Fig 2-4) for movement between a closed position, in which the cover encloses the second space (closed position shown in Fig 1), and an open position, in which the cover allows access to the second space (see Fig 4 which shows an open position allowing access to second space, see indication in Figure 4 above for location of second space).
6. and 16. The storage and lighting system (10, Figures 1-6) of claims 2 and 12,
wherein the housing 20 includes a lower surface (underside surface 24, Fig 5); with regard to the lower surface includes a set of projections extending away from the lower surface, and wherein the housing is configured to be coupled to another structure having a set of depressions that is complementary to the set of projections, Sun at least suggest an equivalent structure to the claimed projections and complementing depressions, (hook 38 that can extend away from the body of housing 20, see Fig 8 and paragraph 0019) for the purpose of providing a means of securing the body to another device, since In re Williams, 36 F.2d 436, 438 (CCPA 1929) ("It is a settled principle of law that a mere carrying forward of an original patented conception involving only change of form, proportions, or degree, or the substitution of equivalents doing the same thing as the original invention, by substantially the same means, is not such an invention as will sustain a patent, even though the changes of the kind may produce better results than prior inventions.") MPEP 2144.05 II A. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling of the claimed invention to recognize Sun’s structure use of a hook as a coupling member as an equivalent structure for purpose of allowing the device to be secured to another structure.
9. (New) The storage and lighting system of claim 2, further comprising a handle (hook 38, see Fig 8) coupled to the housing (coupled to 20, see Fig 8; hook functions as a handle since is capable of being grabbed/held by 38).
10. (New) The storage and lighting system of claim 2, wherein the light body is formed as a panel light (light body has a flat face, see flat transparent cover 54, therefore is interpreted as a panel light).
12. Sun discloses a storage and lighting system (10, Figures 1-6) comprising: a storage case (storage cavity 34) including a housing (body of 20, paragraph 0022) having: a plurality of walls (see housing walls formed by bezel 30, paragraph 0017), a lower surface (32, Fig 2 and 3), a first space (interior area of 34 corresponding to location of light source 50 when in closed position with light source facing surface 32, see last two lines of paragraph 0022) defined by the plurality of walls (walls of bezel 36) and lower surface (surface 32) and a second space (interior area of 34 corresponding to location adjacent first space, indicated below in Fig 4) defined by the plurality of walls (walls of bezel 36) and lower surface (surface 32); a light body 40 supported by the housing (supported via mechanism 70) adjacent the first space (adjacent to first space in several articulated configurations, see last few lines of paragraph 0022), the light body formed as a panel light (has a flat face, see flat transparent cover 54, therefore is interpreted as a panel light) and including a light source 50 wherein the light body is articulable between a first position, in which the light body is positioned generally parallel to the lower surface (see paragraph 0022, “the head section 40 could be rotated counter-clockwise about movable pivot axis M a bit more, and then the head section 40 rotated clockwise about fixed pivot axis F to close the head section 40 against the base section 20, so that the result is a different closed configuration similar to that shown in FIG. 1, but with the emission direction E being toward floor 32, rather than away from the floor 32 as shown in FIG. 1.” This position renders light source parallel to lower surface 32), and a second position, in which the light body is askew relative to the lower surface (see at least Fig 3 where light body 40 is askew relative to 32).
Sun teaches a battery mount configured to receive a battery (battery recess 43 accessible via battery door 44, see Fig 5-6 and paragraph 0018), but does not teach the battery mount being in the second space. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to rearrange the location of the battery mount such that it is within the second space, since it has been held that rearranging parts of a prior art structure involves only routine skill in the art. In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950). One would have been motivated to make this modification to provide an alternate battery mount location for Sun.
Claims 7, 8, 17, 18, and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Sun US 2016/0265754 in view of Ladd US PAT 9711765.
As for claims 7, 8, 15, and 16, Sun discloses the storage and lighting system (10, Figures 1-6) of claims 2 and 12 respectively; see claims 2 and 12 above regarding rearranging the location of the battery mount such that it is within the second space (second space shown below in Fig 2). Sun teaches a housing with walls (see sidewalls of second space that can block a battery from traveling).
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Sun fails to further teach wherein the battery mount is pivotable relative to the housing (claims 7, 15); the battery mount is movable between a first position, in which the battery mount is configured to receive the battery along an insertion axis, and a second position, in which the plurality of walls block the battery from traveling along the insertion axis to couple with or uncouple from the battery mount. (claim 8, 16). Ladd teaches wherein the battery mount (body of 300 and 150, Fig 4-7) is pivotable relative to the housing (pivotable with respect to other structure or device battery holster is mounted to, col 3 ln 27-30, see Fig 7 which shows pivoting motion); Ladd further teaches the battery mount is movable between a first position (open position Fig 7), in which the battery mount is configured to receive the battery along an insertion axis (direction of arrow 352), and a second position that prevents the battery moving along the insertion axis (when closed, see Fig 6). It would have been obvious for one having ordinary skill in the art before the effective filling of the claimed invention to combine the battery mount configuration of Ladd by placing it within the second space of Sun to provide an improved battery holster having a pivoting mechanism to facilitate inserting and removing batteries that only allows removal/installation of batteries when the battery mount is in the first position. This combination further renders having a second position, in which the plurality of walls (side walls of second space of Sun) block the battery from traveling along the insertion axis to couple with or uncouple from the battery mount (see figure below if combining Ladd with Sun). One would have been motivated to make this combination to provide an improved, alternate mechanism for inserting and removing batteries in Sun.
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21. Sun discloses the storage and lighting system (10, Figures 1-6) of claim 19; Sun further teaches a housing with walls (see sidewalls of housing 20 that can block a battery from traveling).
Sun fails to further teach the battery mount is movable between a first position, in which the battery mount is configured to receive the battery along an insertion axis, and a second position, in which the plurality of walls block the battery from traveling along the insertion axis to couple with or uncouple from the battery mount.
Ladd teaches a battery mount that is movable between a first position (open position Fig 7), in which the battery mount is configured to receive the battery along an insertion axis (direction of arrow 352), and a second position that prevents the battery moving along the insertion axis (when closed, see Fig 6). Regarding the location of the battery mount being within the housing, it would have been obvious for one having ordinary skill in the art before the effective filling of the claimed invention to rearrange the location of the battery mount such that it is within the housing, since it has been held that rearranging parts of a prior art structure involves only routine skill in the art. In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950). One would have been motivated to make this modification to provide an alternate battery mount location for Sun.
Regarding the battery mount configuration, it would have been obvious for one having ordinary skill in the art before the effective filling of the claimed invention to combine the battery mount configuration of Ladd by placing it within the housing of Sun to provide an improved battery holster having a pivoting mechanism to facilitate inserting and removing batteries that only allows removal/installation of batteries when the battery mount is in the first position. This combination further renders having a second position, in which the plurality of walls (sidewalls of housing of Sun) block the battery from traveling along the insertion axis to couple with or uncouple from the battery mount (see figure below of combining Ladd with Sun). One would have been motivated to make this combination to provide an improved, alternate mechanism for inserting and removing batteries in Sun.
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Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Sun US 2016/0265754 in view of Dickenson US PAT 5680932.
11. Sun discloses the storage and lighting system (10, Figures 1-6) of claim 2; Sun fails to further teach wherein the first space is separated from the second space by a partition wall. The examiner takes Official Notice that the use of partition walls to separate spaces within compartments is old and well known; Dickenson is provided as evidence of utilizing partition walls to separate spaces in toolbox (column 5 lines 1-15, Fig 3). It would have been obvious for one having ordinary skill in the art before the effective filling of the claimed invention to look to the teachings of Dickenson and what is known in the art and provide a partition wall between the first and second space of Sun for applications where having the spaces separated is more advantageous for the user to allow separation of items held in the first and second spaces.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Burch US’238 discloses a lighting toolbox with a hinge mechanism.
Roehm US’919 discloses a handheld storage box with a hinging light and lighting mechanism therein.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Evan P Dzierzynski whose telephone number is (571)272-2336. The examiner can normally be reached Monday-Friday 8:00am-4:30pm PST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Abdulmajeed Aziz can be reached at 571-270-5046. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/EVAN P DZIERZYNSKI/ Primary Examiner, Art Unit 2875