PTAB

IPR2024-01400

Klein Tools Inc v. Milwaukee Electric Tool Corp

Key Events

Petition

petition

Title: Container Assembly
Brief Description: The ’026 patent relates to a container assembly with a coupling mechanism for detachably connecting two containers. The mechanism involves a tongue on one container sliding into a depressed surface with a rib on another, secured by a locking latch to limit displacement.

Prior Art Relied Upon: Burchia (Patent 10,750,833) and Metabowerke (German Patent No. 20 2014 103 695 U1).
Core Argument for this Ground:
- Prior Art Mapping: Petitioner argued Burchia discloses a stackable container system that meets nearly all limitations of claim 1. This includes a first container with a first coupler (comprising sidewalls, a back wall, and a rib) and a second container with a second coupler (comprising a tongue). The system features pivotally attached lids, toggle-style latches, and a spring-biased locking latch that engages an arresting location to limit sliding displacement between the containers.
- Motivation to Combine: Petitioner contended that if Burchia is found to not teach a coupler projecting from a depressed surface, a Person of Ordinary Skill in the Art (POSITA) would combine its teachings with Metabowerke. Both references are in the field of connectable toolboxes. A POSITA would incorporate Metabowerke’s smaller, self-contained depressed surface connector to make the coupling mechanism less prone to damage and to create more contiguous space on the container lid.
- Expectation of Success: A POSITA would have a reasonable expectation of success because both systems use the same fundamental tongue-and-rib coupling mechanism, making the substitution of Metabowerke's coupler design into Burchia's container a predictable modification.

Prior Art Relied Upon: Burchia (Patent 10,750,833), Metabowerke (German Patent No. 20 2014 103 695 U1), and Lafragette (Application # 2003/0139080).
Core Argument for this Ground:
- Prior Art Mapping: Petitioner asserted this ground as an alternative, arguing that if the primary combination is deemed to lack a "locking latch arresting location," Lafragette supplies this element. Lafragette discloses a resilient tab (a type of spring-biased locking latch) that engages a "recess," which serves as the arresting location, to secure two modules together.
- Motivation to Combine: A POSITA would be motivated to modify the Burchia/Metabowerke assembly with Lafragette’s recessed arresting location. Using a recess provides better protection for the latch against damage or inadvertent release and adds lateral stability, which are common design goals in this field.
- Expectation of Success: The modification involves a simple mechanical feature, and its successful implementation would be predictable.

Prior Art Relied Upon: Burchia (Patent 10,750,833), Metabowerke (German Patent No. 20 2014 103 695 U1), and Lin (Patent 9,375,835).
Core Argument for this Ground:
- Prior Art Mapping: This ground specifically targets the limitation in claim 8 requiring the second container to be half the width of the first. Lin discloses a system of stackable, interconnected containers of various sizes, explicitly illustrating a container that is half the width of the container below it.
- Motivation to Combine: A POSITA would combine the teachings to create a more versatile product line. Offering different sized containers, including half-width options, allows users to customize their storage for various tools and supplies, which is a known market demand.
- Expectation of Success: Scaling the simple mechanical couplers of Burchia or Metabowerke to fit a half-width container would be a straightforward engineering task with predictable functionality.

Prior Art Relied Upon: Burchia (Patent 10,750,833), Metabowerke (German Patent No. 20 2014 103 695 U1), and Bensman (Application # 2013/0127129).
Core Argument for this Ground:
- Prior Art Mapping: This ground addresses the limitations of claim 11, which adds a pair of rear wheels and a telescoping handle. Bensman, which was cited by the examiner during prosecution for another purpose, discloses a stackable container system with these exact mobility features.
- Motivation to Combine: A POSITA would add wheels and a telescoping handle to the base container assembly to improve its portability. Stacked tool containers can become very heavy, and adding these features is the most obvious and common solution to facilitate their transport.
- Expectation of Success: The technology for adding wheels and handles to containers is simple, well-known, and would predictably succeed in making the container assembly easier to move.
Additional Grounds: Petitioner asserted additional obviousness challenges based on combinations that start with Metabowerke as the primary reference and add Burchia, Lafragette, Lin, and Bensman to disclose the same claim limitations (Grounds 5-7).

Petitioner argued that discretionary denial under 35 U.S.C. §325(d) is unwarranted because the petition presents new art and arguments not previously considered by the USPTO. While Burchia and Metabowerke were listed in a large Information Disclosure Statement (IDS) during prosecution, they were never substantively analyzed by the examiner, who allowed the claims after a terminal disclaimer was filed to overcome a double patenting rejection.
Petitioner further argued that the current art combinations are not cumulative of art previously considered and cure specific deficiencies—namely, the clear disclosure of couplers with sidewalls and a back wall—that led the Board to deny institution in an IPR against a related patent.

Petitioner requests institution of an inter partes review and cancellation of claims 1-11 of Patent 11,365,026 as unpatentable.