Would I even qualify for a design patent?

So created a fairly simple magnet tool. Wanted to try selling and then got the idea of a patent. I looked at the uspto guide. Did a search for similar patents and found a few. Slightly different all of them, but I found one design patent that was the closest to mine and noticed that it was denied. I saw the response, that it was to similar to other patents, it pointed to like 5 other patents. Considering mine is pretty close to this one, just a little different. Should I likely expect the same results? Think a general 80% chance of rejection or something? It was rejected in 2008 there patent. If I can't get a design patent, is there any protection available otherwise?