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 .
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 5, 9, 10 and 11 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. Regarding claim 5, “the inner surface of the panels” lacks antecedent basis. Regarding claim 9, “the outer surface of the back panel” lacks antecedent basis. Regarding claims 10 and 11, “the inner surface of the top panel” lacks antecedent basis. For claims 5, 9, 10 and 11, the recited surfaces of the panels are not properly introduced, therefore the claims are indefinite because it is unclear to which surfaces of the mentioned panels applicant is referring.
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 1-8 are rejected under 35 U.S.C. 103 as being unpatentable over Purkapile (5,217,115) in view of Schmidt (5,927,837).
Claims 1 and 2
Purkapile discloses a toolbox comprising a top panel (30); four side panels (50, 70, 90 and 100); and a bottom panel (10), where the top panel, the side panels, and the bottom panel are hinged in an open or closed orientation through a latching means (defined by combination of fingers 2 and 4, in combination with notches 6 and 8) (see column 2 lines 40-68, column 3 lines 1-14, column 5 lines 4-19 and figure 1). Purkapile does not disclose the bottom panel including wheels. However, Schmidt discloses a toolbox (10) comprising swivel-type caster wheels (18) in the bottom of the toolbox (see figure 1 and column 3 lines 19-23). Schmidt discloses the swivel-type caster wheels allow easy maneuver of the toolbox (see column 3 lines 22-24). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the toolbox of Purkapile including swiveling caster wheels as taught by Schmidt for easy moving of the toolbox.
Claims 3 and 4
Purkapile further discloses the top panel, the side panels, and the bottom panel are latched to form a mobile four-sided polygon in a quadrilateral for tool storage and access (see figure 1); and unlatched to form a moveable, linear and flat surface (see figure 2).
Claims 5 and 6
Purkapile further discloses the inner surface of the panels contains selected tools secured by fasteners (20 and 40) (see column 2 lines 44-47, column 5 lines 20-23, column 8 lines 57-59, figures 1, 2, 3 and 6).
Claims 7 and 8
Purkapile further discloses the panels include a hard-shell composite, such as LEXAN/polycarbonate plastic (see column 9 lines 32-36).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Purkapile (5,217,115) and Schmidt (5,927,837) as applied to claim 1 above, and further in view of Klemmensen (US 6,761,366).
Purkapile does not disclose an outer surface of the back panel including a telescoping handle for moving the toolbox. However, Klemmensen discloses a toolbox comprising a telescoping handle (defined by structures 80 and 82) provided on an outer surface of a back panel (48) (see figure 7 and column 3 lines 52-64). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the toolbox of Purkapile including a telescopic handle provided on the outer surface of the back panel as taught by Klemmensen for easy handling of the toolbox.
Claims 10 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Purkapile (5,217,115) and Schmidt (5,927,837) as applied to claim 1 above, and further in view of Melkumyan (US 2010/0026151) and Savage (US 2006/0049200).
Claims 10 and 11
Purkapile does not disclose the inner surface of the top panel contains a wireless PMP, DAP, or a computer capable of accessing the internet. However, Melkumyan discloses the mobile cart for storing tools, the mobile cart comprising a computer system (18) for executing computer executable programs, speakers to provide audio output from the computer system, and plurality of electrical devices to provide reception and amplification of radio or television and adapted to provide playback of media (see abstract), wherein a component of the computer system/monitor (20) is provided in a top panel (48) of the mobile cart (see figure 3, [0023] and [0024]). The computer system of Melkumyan is capable of accessing the internet (see [0053]). Savage discloses a box (100) for storing items/tools (see [0032]) comprising a control center/laptop computer (112) included with the box, wherein parts of the control center are provided within one of drawers (104) of the box (see [0031]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the toolbox of Purkapile including a computer system/laptop computer and/or plurality of electronic devices as taught by Melkumyan and/or Savage for convenient usage of a computer and/or electronic devices provided within the toolbox.
Conclusion
Examiner has cited particular paragraphs and/or columns and line numbers in the references as applied to the claims above for the convenience of the applicant. Although the specified citations are representative of the teachings of the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested of the applicant, in preparing responses, to fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or prior art(s) disclosed by the Examiner (in the attached PTO-892 form).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAFAEL A. ORTIZ whose telephone number is (571)270-5240. The examiner can normally be reached Monday - Friday 9am - 6pm.
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.
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RAFAEL A. ORTIZ
Primary Examiner
Art Unit 3736
/RAFAEL A ORTIZ/Primary Examiner, Art Unit 3736
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