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 .
Prosecution Reopened
A decision by the Patent Trial and Appeal Board dated July 1, 2025 was entered into the record reversing the Final Office action mailed on June 7, 2023, and raising a new ground of rejection. In view of the new grounds of rejection presented below, PROSECUTION IS HEREBY REOPENED. A Technology Center Director has approved reopening of the prosecution pursuant to 37 CRP 1.198 by signing below:
/EDWARD LEFKOWITZ/Director, Art Unit 3700
Claims 1-10 are pending, with claims 5-8 withdrawn.
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 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.
Claims 1-4 are rejected under 35 U.S.C. 103 as being unpatentable over WO 2014/154774 to Parrin et al. (hereinafter, “Parrin”) in view of U.S. Pat. 4,607,991 to Porter (hereinafter, “Porter”). Note: A copy of Parrin is attached to the Office Action dated February 7, 2023.
Regarding claim 1, Parrin discloses a load-securement process (Abstract) for securing a load (load 11, Fig. 1) in a shipping container (Fig. 1) including first and second front corner posts (corner posts 4, Fig. 1), the process comprising: positioning a first load-securement device (device 1, Fig. 3C) comprising a base (intersection 3, Fig. 3C), a first wing (leaf 14, Fig. 3C) attached to the base (Fig. 3C) and comprising a first corner-engaging end (end of leaf 14 furthest from intersection 3, see Fig. 3C), and a second wing (leaf 14’, Fig. 3C) attached to the base (Fig. 3C) and comprising a second corner-engaging end (end of leaf 14’ furthest from intersection 3, see Fig. 3C), the first and second wings (leaves 14, 14’) movable at least partially within a load-securement-device-receiving channel (channel defined by corner profile 13, Fig. 3C) defined by the first corner post (corner post 4, Fig. 3C); and securing the first load-securement device (device 1) to the first front corner post (corner post 4) by manipulating the first and second wings into the securement configuration (see e.g., p. 16, ll. 9-16) so their respective first and second corner-engaging ends (ends of leaves 14, 14’ furthest from intersection 3) engage opposing interior corners of the first front corner post (see Fig. 3C).
Parrin does not expressly disclose the first and second wings are movably attached to the base, the first and second wings of the first load-securement device being movable relative to one another from a compact configuration to a securement configuration, and positioning while the first and second wings are in the compact configuration.
Porter teaches a load-securement device (anchor 10, Fig. 2) that has a base (platform 11, Fig. 2) and first and second wings (heads 23, Fig. 2) that are movably attached to the base (see Fig. 2). Porter teaches that the device is positioned in a load-securement device receiving channel (see Fig. 4) and the first and second wings are movable between a securement position (see Fig. 4) and a compact configuration (heads 23 are compressed to be inserted into the channel, col. 3, ll. 22-28). Porter teaches that the first and second wings (heads 23) are rotatable relative to the base such that manipulating the wings into the securement configuration includes moving the wings to separate their respective ends (see Figs. 2, 4; col. 3, ll. 22-28). Porter teaches that this arrangement permits the device to be effectively latched in place within the channel (col. 3, ll. 30-34) and prevents the device from becoming dislodged under rough or jerky transportation conditions (col. 3, ll. 39-44).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to have modified the process of Parrin to have the wings movably attached to the base such that they are movable from a compact configuration to a securement configuration as taught by Porter for the purpose of providing a device that will latch in place within the channel and not become dislodged, as recognized by Porter (see col. 3, ll. 30-44).
Regarding claim 2, Parrin as modified by Porter includes positioning a second load-securement device (Parrin, device 1 in a different corner post 4, see p. 14, ll. 6-9, Figs. 1, 3A; each device 1 has a similar configuration, see e.g., p. 14, ll. 4-21) comprising a base (Parrin, intersection 3, Fig. 3C), a first wing (Parrin, leaf 14, Fig. 3C) movably attached to the base (as modified by Porter, leaf 14 of Parrin is movably attached) and comprising a first corner-engaging end (Parrin, end of leaf 14 furthest from intersection 3, see Fig. 3C), and a second wing (Parrin, leaf 14’, Fig. 3C) movably attached to the base (as modified by Porter, leaf 14’ is movably attached) and comprising a second corner-engaging end (Parrin, end of leaf 14’ furthest from intersection 3, see Fig. 3C), the first and second wings (Parrin, leaves 14, 14’) of the second load-securement device (Parrin, device 1) being movable relative to one another from a compact configuration to a securement configuration (as modified by Porter, leaf 14, 14’ of Parrin are movable between a compact configuration and a securement configuration), at least partially within a load-securement-device- receiving channel (Parrin, channel defined by corner profile 13, Fig. 3C) defined by the second corner post (Parrin, corner post 4, Fig. 3A, 3C) while the first and second wings are in the compact configuration (Parrin, leaves 14, 14’ are closest together in the compact configuration); securing the second load-securement device (Parrin, device 1) to the second front corner post (Parrin, corner post 4) by manipulating the first and second wings into the securement configuration so their respective first and second corner-engaging ends engage opposing interior corners of the second front corner post (Parrin as modified; once in place, the leaves 14, 14’ return to the securement configuration, see e.g., p. 16, ll. 9-16); attaching a first securement member (Parrin, strap 10, Fig. 3D; p. 14, ll. 10-17) to the first load-securement device (Parrin, device 1); attaching a second securement member (Parrin, strap 10, Fig. 3D; p. 14, ll. 10-17) to the second load-securement device (Parrin, device 1); wrapping the first and second securement members (Parrin, strap 10, see Fig. 3D) around the load (Parrin, load 11, Fig. 1; p. 14, ll. 10-17); and attaching the first and second securement members (Parrin, straps 10) to one another (Parrin, straps 10 are joined together by a buckle, p. 16, ll. 10-17).
Regarding claim 3, Parrin further discloses tensioning (p. 13, ll. 23-26) the first and second securement members (straps 10) around the load (load 11, see Fig. 1).
Regarding claim 4, Parrin further discloses attaching the first securement member (strap 10) to the first load-securement device (device 1) comprises: threading a first end of the first securement member (p. 14, ll. 10-13) through a first securement- member-receiving opening (first aperture 2, Fig. 3C) defined in part by the first wing (leaf 14); and threading the first end of the first securement member (p. 14, ll. 10-13) through a second securement- member-receiving opening (aperture 2’, Fig. 3C) defined in part by the second wing (leaf 14’) so the first securement member (strap 10) is wrapped around the base (intersection 3, see Fig. 3D).
Allowable Subject Matter
Claims 9 and 10 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 9, neither Parrin nor Porter disclose the first and second wings are movable in translation relative to the base such that manipulating the first and second wings into the securement configuration comprises moving one of the first and second wings in translation relative to the base to separate their ends (see Board Decision at pp. 5-6). It would not have been obvious to have modified the Parrin and/or Porter to have such an arrangement.
Claim 10 would be allowable based on its dependence from claim 9.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAURA E. PARKER whose telephone number is (571)272-6014. The examiner can normally be reached Monday-Friday 8:00 am - 4:30 pm EST.
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/LAURA E. PARKER/Examiner, Art Unit 3733
/NATHAN J JENNESS/Supervisory Patent Examiner, Art Unit 3733 16 September 2025