UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box 1450
`Alexandria, Virginia 2231371450
`www.uspto.gov
`
`16/145,124
`
`09/27/2018
`
`Juan CUBILLO
`
`2750-2 CON
`
`1071
`
`Hoffmann & Baron LLP
`
`6900 Jericho Turnpike
`Suite 200
`
`ORTIZ' RAFAEL ALFREDO
`
`3736
`
`MAE DATE
`
`06/25/2019
`
`DELIVERY MODE
`
`PAPER
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`PTOL-90A (Rev. 04/07)
`
`

`

`0,7709 A0170” Summary
`
`Application No.
`16/145,124
`Examiner
`RAFAEL A ORTIZ
`
`Applicant(s)
`CUBILLO, Juan
`Art Unit
`AIA (FITF) Status
`3736
`Yes
`
`- The MAILING DA TE of this communication appears on the cover sheet wit/7 the correspondence address -
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE g MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR 1.136(a). In no event, however, may a reply be timely filed after SIX (6) MONTHS from the mailing
`date of this communication.
`|f NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1). Responsive to communication(s) filed on 04/22/2019.
`[:1 A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2a). This action is FINAL.
`
`2b) C] This action is non-final.
`
`3)[:] An election was made by the applicant in response to a restriction requirement set forth during the interview on
`; the restriction requirement and election have been incorporated into this action.
`
`4)[:] Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Expat/7e Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims*
`5)
`Claim(s)
`
`1—6,8—10,12—13 and 15—17 is/are pending in the application.
`
`5a) Of the above claim(s)
`
`is/are withdrawn from consideration.
`
`E] Claim(s) _ is/are allowed.
`
`Claim(s) 1—6,8—10,13 and 17 is/are rejected.
`
`Claim(s) 12 and 15—16 is/are objected to.
`
`) ) ) )
`
`6 7
`
`8
`
`
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`are subject to restriction and/or election requirement
`[:1 Claim(s)
`9
`* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a
`
`participating intellectual property office for the corresponding application. For more information, please see
`
`http://www.uspto.gov/patents/init events/pph/index.'sp or send an inquiry to PPeredback@uspto.gov.
`
`Application Papers
`10):] The specification is objected to by the Examiner.
`
`11). The drawing(s) filed on 04/22/2019 is/are: a). accepted or b)C] objected to by the Examiner.
`
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`12)C] Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`
`a)I:] All
`
`b)|:] Some**
`
`c)C] None of the:
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`1.|:] Certified copies of the priority documents have been received.
`
`2.|:] Certified copies of the priority documents have been received in Application No.
`
`3D Copies of the certified copies of the priority documents have been received in this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`
`** See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1)
`
`Notice of References Cited (PTO-892)
`
`2) D Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date_
`U.S. Patent and Trademark Office
`
`3) C] Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) CI Other-
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20190621
`
`

`

`Application/Control Number: 16/145,124
`Art Unit: 3736
`
`Page 2
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`DETAILED ACTION
`
`Notice of Pre-AIA or AIA Status
`
`1.
`
`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
`
`2.
`
`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.
`
`3.
`
`Claims 1-3, 5, 6, 9, 10 and 13 are rejected under 35 U.S.C. 103 as being
`
`unpatentable over Yenne (2,043,643) in view of Kurath (2,270,593).
`
`

`

`Application/Control Number: 16/145,124
`Art Unit: 3736
`
`Yenne’s Figure
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`Page 3
`
`
`
`

`

`Application/Control Number: 16/145,124
`Art Unit: 3736
`
`Kurath’s Figure
`
`Page 4
`
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`_
`
`Claim 1
`
`Yenne discloses a tool box (A) comprising a first compartment; a second compartment,
`
`the first and second compartments separated by a dividing wall (8’), the dividing wall
`
`having at least one aperture (defined by aperture where peg (e) pass through the
`
`dividing wall); a handle for carrying or transporting the tool box (see column 2 lines 28-
`
`32); at least one holder/peg (e) for hanging brushes, the holder including a rod (see
`
`figure above). Yenne does not disclose a guard comprising paired first supports and a
`
`second support and from the argument that the pegs are not passing through a hole in
`
`the dividing wall, Kurath discloses rods (2) for hanging brushes, each rod comprising a
`
`

`

`Application/Control Number: 16/145,124
`Art Unit: 3736
`
`Page 5
`
`paired supports positioned on each of opposite sides of a wall around the at least one
`
`aperture (defined by aperture where the rod pass through the wall) and the second
`
`support attached to a wall opposite to the wall (see figure above).
`
`It would have been
`
`obvious to one of ordinary skill in the art before the effective filing date of the claimed
`
`invention to modify Yenne including the paired first support and second support as
`
`taught by Kurath for properly fixing the holder/peg through the dividing wall.
`
`Claim 2
`
`Yenne further discloses the tool box is substantially rectangular in shape (see figure 1).
`
`Claim 3
`
`Yenne further discloses a top surface of the first compartment is covered by lid that may
`
`be movable with respect to the remainder of the tool box (see figure above and column
`
`2 lines 28-32).
`
`Claim 5
`
`Yenne further discloses the holder for hanging the tool, extends across a top of the first
`
`compartment, across a top of the second compartment, or across the top of both the
`
`first and the second compartments (see figure above).
`
`Claim 6
`
`Yenne further discloses the holder for hanging the tool, extends across a top of the
`
`second compartment, and is disposed in a generally horizontal position with respect to
`
`said tool box (see figure above).
`
`Claim 9
`
`Yenne further discloses the holder for hanging the tool is suitable for positioning through
`
`a hole in a handle of a tool (see figure above).
`
`

`

`Application/Control Number: 16/145,124
`Art Unit: 3736
`
`Claim 10
`
`Page 6
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`Yenne or Yenne as modified discloses the holder for hanging the tool is positioned
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`through the at least one aperture in the dividing wall.
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`Claim 13
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`Yenne or Yenne as modified discloses the at least one aperture in the dividing wall is
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`suitable for passing the holder for hanging the tool therethrough.
`
`4.
`
`Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Yenne
`
`(2,043,643) in view of Kurath (2,270,593) as applied to claim 1 above, and further in
`
`view of Wang (US 2008/0029415).
`
`Yenne does not disclose the handle for carrying or transporting the tool box extending
`
`across a top of the first compartment. However, Wang discloses a container (1)
`
`comprising an interior compartment (11) and a handle (111) extending across a top of
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`the interior compartment (see figure 1).
`
`It would have been obvious to one of ordinary
`
`skill in the art before the effective filing date of the claimed invention to modify Yenne
`
`including the handle extending from across the interior of the first compartment as
`
`taught by Wang for carrying and transporting the tool box while the lid is in open
`
`position or removed from the tool box.
`
`5.
`
`Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Yenne
`
`(2,043,643) in view of Kurath (2,270,593) as applied to claim 1 above, and further in
`
`view of Cingel (US 2006/0201951).
`
`Yenne does not disclose the holder for hanging being removable. However, Cingel
`
`discloses a tool container comprising a dividing wall (defined by 13 and 14) which is
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`removable for cleaning purposes of the tool container and the dividing wall (see [0029]).
`
`

`

`Application/Control Number: 16/145,124
`Art Unit: 3736
`
`Page 7
`
`It would have been obvious to one of ordinary skill in the art before the effective filing
`
`date of the claimed invention to modify Yenne having the dividing wall being removable
`
`as taught by Cingel for easy cleaning of the dividing wall and the tool box.
`
`6.
`
`Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Yenne
`
`(2,043,643) in view of Kurath (2,270,593) as applied to claim 1 above, and further in
`
`view of Veil, Sr. (6,142,323).
`
`Yenne further discloses the distal end of the rod including an enlarged element which is
`
`inserted into the aperture of the dividing wall. Yenne does not disclose the rod defining
`
`a stopper on a proximal end of the rod. However, Veil, Sr. discloses a rod (16a)
`
`disposed between division walls of a shelf, the rod including a stopper (17) on a
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`proximal end of the rod (see figure 3 and column 5 lines 7-24).
`
`It would have been
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`obvious to one of ordinary skill in the art before the effective filing date of the claimed
`
`invention to modify the pegs/rods of Yenne including stops as taught by Veil, Sr. to
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`prevent shifting of the pegs/rods with respect to the dividing wall.
`
`Allowable Subject Matter
`
`7.
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`Claims 12, 15 and 16 are objected to as being dependent upon a rejected base
`
`claim, but would be allowable if rewritten in independent form including all of the
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`limitations of the base claim and any intervening claims.
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`Conclusion
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`8.
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`Applicant's amendment necessitated the new ground(s) of rejection presented in
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`this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP
`
`

`

`Application/Control Number: 16/145,124
`Art Unit: 3736
`
`Page 8
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`§ 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37
`
`CFR1.136(a).
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`A shortened statutory period for reply to this final action is set to expire THREE
`
`MONTHS from the mailing date of this action.
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`In the event a first reply is filed within
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`TWO MONTHS of the mailing date of this final action and the advisory action is not
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`mailed until after the end of the THREE-MONTH shortened statutory period, then the
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`shortened statutory period will expire on the date the advisory action is mailed, and any
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`extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of
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`the advisory action.
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`In no event, however, will the statutory period for reply expire later
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`than SIX MONTHS from the date of this final action.
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`9.
`
`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 on 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, Gregory Pickett can be reached on 571-272—4560. The fax phone number
`
`for the organization where this application or proceeding is assigned is 571-273-8300.
`
`Information regarding the status of an application may be obtained from the
`
`Patent Application Information Retrieval (PAIR) system. Status information for
`
`published applications may be obtained from either Private PAIR or Public PAIR.
`
`

`

`Application/Control Number: 16/145,124
`Art Unit: 3736
`
`Page 9
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`Status information for unpublished applications is available through Private PAIR only.
`
`For more information about the PAIR system, see http://pair-direct.uspto.gov. Should
`
`you have questions on access to the Private PAIR system, contact the Electronic
`
`Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a
`
`USPTO Customer Service Representative or access to the automated information
`
`system, call 800-786-9199 (IN USA OR CANADA) or 571 -272-1 000.
`
`RAFAEL A. ORTIZ
`
`Primary Examiner
`Art Unit 3736
`
`/RAFAEL A ORTIZ/
`
`Primary Examiner, Art Unit 3736
`
`