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 § 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 12-15 are rejected under 35 U.S.C. 103 as being unpatentable over Sun US 2016/0265754 in view of Dickenson US PAT 5680932.
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.
Sun also 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.
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13. Sun teaches the storage and lighting system (10, Figures 1-6) of claim 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)
14. Sun teaches the storage and lighting system (10, Figures 1-6) of claim 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).
15. Sun teaches the storage and lighting system (10, Figures 1-6) of claim 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).
Claims 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Sun US 2016/0265754 in view of Dickenson, and further in view of Ladd US PAT 9711765.
As for claims 17-18, Sun discloses the storage and lighting system (10, Figures 1-6) of claim 12 respectively; see claim 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 (claim 17); 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 18),
Ladd teaches wherein the battery mount (body of 300 and 150, Fig 4-7) is pivotable relative to the housing (claim 17, 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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Allowable Subject Matter
Claims 2-4, 6-11, and 19-21 are allowed.
The following is an examiner’s statement of reasons for allowance:
Claim 2: the prior art fails to teach a storage and lighting system comprising:
a storage case including a housing having: a plurality of walls, a first space defined by the plurality of walls, and a second space defined by the plurality of walls;
a light body supported by the housing adjacent the first space, the light body including a light source and a rear surface opposite the light source
a battery mount in the second space, the battery mount configured to receive a battery;
and a cover pivotably coupled to the housing for movement between a closed position, in which the cover encloses the second space, and an open position, in which the cover allows access to the second space;
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, and a second position, in which the light source faces away from the housing
wherein the cover is pivotable independently of the light head.
Claim 19: the prior art fails to teach storage and lighting system comprising:
a storage case including a housing having:
a plurality of walls, a lower surface
a storage space defined by the plurality of walls and the lower surface
a battery mount configured to receive a battery
a light body supported by the housing adjacent the storage space, the light body formed as a panel light and including a light source
the light body is articulable between a first position, in which the light source extends over a portion of the storage space and is positioned generally parallel to the lower surface, and a second position, in which the light source is askew relative to the lower surface, and wherein 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.
Claim 16 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
16. The prior art fails to teach the storage and lighting system of claim 12, wherein 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.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Response to Arguments
Applicant’s arguments filed 4/16/2026 with respect to the amendments to claim 2 overcoming the prior art of record, Sun US’379 have been fully considered and are persuasive. The rejection to claim 2 has been withdrawn; claim 2 is now in condition for allowance. Applicant’s arguments regarding the projections extending away from lower surface and having the housing configured to be coupled to another structure having a set of complimentary depressions are considered persuasive. Claim 19 is allowed; claim 16 is now objected to as having allowable subject matter.
Applicant's arguments filed in regard to claims 12 has been fully considered but they are not persuasive. Claim 12 was amended by adding the limitations recited in claim 11, a first space separated by a second space by a partition wall. The rejection of claim 12 has been modified above stating that creating a partition wall between two spaces is well known and evidence of a teaching showing this was provided using the Dickenson reference (see column 5 lines 1-15, Fig 3 Dickenson). Dickenson teaches having a partition wall between two spaces.
In response to applicant’s argument that there is no teaching, suggestion, or motivation to modify the location of the battery compartment (page 8 applicant’s response), the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, rearranging the location of a battery into the base section is considered to be within the realm of ordinary skill in the art.
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.
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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.
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, 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
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