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 .
Response to Amendment
Claims 21-33, 35-37 are pending.
Claims 1-20, and 34 are canceled.
Claims 21, 25, 27, 31 are currently amended.
Claim 37 is newly added.
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.
Claim(s) 21-29,31-33, and 36 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kennedy (US 1405422) in view of Hoppe (US 20170166352) and HUTTENLOCHER (US 20130334268).
Regarding claim 21, Kennedy discloses, A container comprising: a housing (all the surrounding walls where drawers 13, and 14 are placed); a plurality of drawers (13, 14) slidably coupled to the housing (Fig. 1-2) , each of the plurality of drawers enclosing a compartment and actuating between an open position and a closed position (Page 2; lines 77-100; Fig. 1-2); and a retainer (9) pivotally coupled to the housing (Fig. 1-2) , wherein the retainer comprises an elongate, metal bar (37) , wherein the retainer actuates between at least two positions: a locked position, in which each of the plurality of drawers is restricted from being moved from the closed position to the open position (when the toolbox is closed by the retainer and the top cover by lock 46) ; and a stowed position, in which the retainer permits the plurality of drawers to be moved from the closed position to the open position (when 9 is stored underneath; Page 2; ln: 70-75); and wherein when the retainer is in the locked position a first length of the retainer is received within the housing (Fig. 1, 3, 4; element 35 stays within housing), and when the retainer is in the stowed position (when 9 is stored in the bottom) a second length of the retainer is received within the housing, and wherein the second length is greater than the first length (when retainer 9 is stored at the bottom the length that is received is greater than the length that is received when in locked position; see fig. 1-4); and wherein, when the retainer is in the locked position, the retainer does not extend upward past the top face of the container (Fig. 1-3; retainer 9 does not extend past top face 10).
However, Kennedy does not explicitly disclose, a first coupler extending from a top face of the container, the first coupler configured to couple the housing to a modular tool storage device.
Hoppe discloses, a tool container (Fig. 5) comprising a first coupler (54) extending from a top face of the container, the first coupler configured to couple the housing to a modular tool storage device (para 31).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Kennedy to incorporate a first coupler extending from a top face of the container, the first coupler configured to couple the housing to a modular tool storage device as taught by Hoppe for the purpose of attaching additional toolbox.
However, Kennedy does not disclose, when the retainer is in the locked position, most of a front of the plurality of drawers is exposed.
HUTTENLOCHER discloses a container comprising a retainer comprises an elongate, metal bar (FA, Fig. 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the retainer of Schluter to replace with retainer comprises an elongate, metal bar as taught by HUTTENLOCHER for the purpose of saving material.
As a result, Kennedy as modified would have a retainer comprises an elongate, metal bar, when the retainer is in the locked position, most of a front of the plurality of drawers is exposed.
Regarding claim 22, Kennedy discloses, the housing comprising a top panel (10), a bottom panel (6), a side panel (8), and an interior space defined by the top panel, the bottom panel, and the side panel, the side panel extending from the top panel to the bottom panel, the container comprising a latch (46) coupled to the top panel, the latch configured to secure the retainer in the locked position.
Regarding claim 23, Kennedy as modified discloses, the retainer is in the stowed position, then the retainer is positioned at least partially within the bottom panel (when the cover is at the bottom space; Page 2; lines 77-100; Fig. 1-2) , and wherein when the retainer is in the locked position the retainer extends across a front surface of each drawer of the plurality of drawers thereby limiting sliding movement of the plurality of drawers (Fig. 1; the cover extends across a front surface of each drawer).
Regarding claim 24, Kennedy as modified discloses the retainer (9) extends along a longitudinal axis such that when the retainer is in the locked position the longitudinal axis is generally parallel to the front surfaces of the plurality of drawers (Fig. 1-2).
Regarding claim 25-26, Kennedy discloses, the retainer actuates from the locked position to the stowed position, the retainer pivots with respect to the housing about a first axis (the cover 9 pivots about 26), wherein the first axis extends through the bottom panel (Page 2; lines 53-70; Fig. 4).
Regarding claim 27, Kennedy as modified discloses the first coupler comprises two sidewalls, a back wall (See annotated fig. below), and a wing (See annotated fig. below), the back wall located between the two sidewalls, the two sidewalls and the back wall projecting from a depressed surface (See annotated fig. below) of the top face, and the wing extending away from the back wall.
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Regarding claim 28-29, Kennedy as modified discloses the two sidewalls comprise a first sidewall (See annotated fig. below) and a second sidewall (See annotated fig. below) , wherein the wing extends from one of the back wall and the first sidewall in a first direction (See annotated fig. below).
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While Kennedy as modified does not disclose, first direction that is parallel to the first axis, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Kennedy to have first direction that is parallel to the first axis as it is a simple rearrangement of the coupling interference with respect to the axis. This is done for the purpose of coupling additional container in a desired location and or orientation. It has been held that rearranging parts of an invention involves only routine skill in the art. See MPEP 2144.04(VI)(C).
Regarding claim 31, Kennedy as modified discloses the first coupler comprises two sidewalls, a back wall (See annotated fig. of claim 27), and a wing (See annotated fig. of claim 27), the back wall located between the two sidewalls, the two sidewalls and the back wall projecting from a depressed surface (See annotated fig. of claim 27) of the top face, and the wing extending away from the back wall.
Regarding claim 32, Kennedy as modified discloses a plurality of couplers comprising the first coupler (See annotated fig. below), the plurality of couplers comprising a front row of at least two couplers (See annotated fig. below) aligned with each other in a direction parallel to a front face of the housing and a rear row of at least two couplers (See annotated fig. below) aligned with each other in the direction parallel to the front face of the housing, wherein each of the plurality of couplers comprises two sidewalls (See annotated fig. below) , a back wall (See annotated fig. below) , and a wing (See annotated fig. below) , the back wall located between the two sidewalls, the two sidewalls and the back wall projecting above a depressed (See annotated fig. below) surface of the top face, and the wing extending away from the back wall.
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Regarding claim 33, Kennedy discloses, the retainer is in the stowed position the retainer is at least partially received within the housing(when the cover is at the bottom space; Page 2; lines 77-100; Fig. 1-2).
Regarding claim 34, Kennedy discloses, when the retainer is in the locked position a first length of the retainer is received within the housing (Fig. 4, part of 9 is in the housing) , and when the retainer is in the stowed position a second length of the retainer is received within the housing, and wherein the second length is greater than the first length (when the retainer is stowed a longer second length is received within the housing).
Regarding claim 36, Kennedy discloses, the retainer actuates from the locked position to the stowed position, the retainer pivots with respect to housing about a first axis (the cover 9 pivots about 26)that is perpendicular to a movement along which a first drawer of the plurality of drawers slides when actuating from the closed position to the open position.
Regarding claim 37, Kennedy discloses, when the retainer actuates from the stowed position to the locked position, the retainer does not extend upward past the top face of the container (Fig. 1-3; retainer 9 does not extend past top face 10).
Claim(s) 21, and 30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schluter (US 20060132006) in view of Tonelli (US 20160309863), Hoppe (US 20170166352) and HUTTENLOCHER (US 20130334268).
Regarding claim 21, Schluter discloses, A container comprising: a housing (20) and a retainer (70) pivotally coupled to the housing, , wherein the retainer actuates between at least two positions: a locked position (Fig. 1) ; and a stowed position (Fig. 2), and wherein when the retainer is in the locked position a first length of the retainer is received within the housing (pin 84, and 86 are in track 102 which is within the housing) , and when the retainer is in the stowed position a second length of the retainer is received within the housing (Fig. 3-4), and wherein the second length is greater than the first length; and wherein, when the retainer is in the locked position, the retainer does not extend upward past the top face of the container (Fig. 1).
However Schluter does not disclose, a plurality of drawers slidably coupled to the housing, each of the plurality of drawers enclosing a compartment and actuating between an open position and a closed position.
Tonelli discloses, a plurality of drawers (6) slidably coupled to the housing, each of the plurality of drawers enclosing a compartment and actuating between an open position and a closed position (Fig. 6-8).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Schluter to incorporate a plurality of drawers slidably coupled to the housing, each of the plurality of drawers enclosing a compartment and actuating between an open position and a closed position as taught by Tonelli as this would allow for improved organization within the container.
However Schluter does not disclose, a first coupler extending from a top face of the container, the first coupler configured to couple the housing to a modular tool storage device
Hoppe discloses, a tool container (Fig. 5) comprising a first coupler (54) extending from a top face of the container, the first coupler configured to couple the housing to a modular tool storage device (para 31).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Kennedy to incorporate a first coupler extending from a top face of the container, the first coupler configured to couple the housing to a modular tool storage device as taught by Hoppe for the purpose of attaching additional toolbox.
However Schluter does not disclose wherein the retainer comprises an elongate, metal bar, and wherein, when the retainer is in the locked position, most of a front of the plurality of drawers is exposed
HUTTENLOCHER discloses a container comprising a retainer comprises an elongate, metal bar (FA, Fig. 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the retainer of Schluter to replace with retainer comprises an elongate, metal bar as taught by HUTTENLOCHER for the purpose of saving material.
As a result, Schluter as modified would have a locked position in which each of the plurality of drawers is restricted from being moved from the closed position to the open position and a stowed position in which the retainer permits the plurality of drawers to be moved from the closed position to the open position and wherein, when the retainer is in the locked position, most of a front of the plurality of drawers is exposed.
Regarding claim 30, Schluter as modified discloses the retainer comprising protrusions (84, and 86 which engages with track 102) that extend laterally away from each other and which pivotally couple the retainer to the housing.
Claim(s) 35 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schluter-Tonelli-Hoppe- HUTTENLOCHER as applied to claim 21 above, and further in view of Kipper (US 20020117414).
Regarding claim 35, Schluter as modified discloses wherein the retainer comprises two vertical bars extending vertically when the retainer is in the locked position and a cross-bar extending between the vertical bars (See annotated fig. below).
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However, Schluter does not disclose, a cross-bar engages with a latch coupled to the housing when the retainer is in the locked position.
Kipper discloses a tool container comprising a retainer (110) wherein the middle section of the retainer has latch lock (134) engaging with a latch (130) coupled to housing when the retainer is in locked position. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Schluter to have latch lock in the middle section of the top of the retainer with a latch couped to the housing when the retainer is in locked position as taught by Kipper for the purpose of securing the content within the housing.
As a result of such modification, the latch lock would be placed in the cross-bar which would bar engages with a latch coupled to the housing when the retainer is in the locked position
Response to Arguments
Applicants amendment filled 07/14/2026 regarding specification objection is found persuasive as such the specification objections are withdrawn.
Applicant’s arguments with respect to the rejection(s) of claim(s) 21 under 35 U.S.C 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Kennedy-Hoppe- HUTTENLOCHER. While the prior art of Kennedy does not expose the drawers as applicant argues, the prior art of HUTTENLOCHER discloses a retainer that allows for exposed drawers while saving materials.
Applicants argument with regards to the metal bar of HUTTENLOCHER being exceeding the top face of the toolbox is not persuasive, since the prior art of Kennedy and Schluter already discloses a retainer that does not extend beyond the top face of the housing. The prior art of HUTTENLOCHER is incorporated solely for the two bar and cross section that makes up a retainer. The fact the retainer of HUTTENLOCHER goes beyond the top surface is not relevant.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 SANJIDUL ISLAM whose telephone number is (571)272-7670. The examiner can normally be reached Monday-Friday 8:30 -5:00.
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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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/SANJIDUL ISLAM/Examiner, Art Unit 3736
/ORLANDO E AVILES/Supervisory Patent Examiner, Art Unit 3736
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