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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12/17/2025 has been entered. Claims 1-9 and 11-12 are pending.
Claim Objections
Claim 1 is objected to because of the following informalities: In claim 1, lines 5-6, it appears the limitation “at least one displaceable and pivotable fastening element relative to the fastening arm” should be reworded as “at least one fastening element that is displaceable and pivotable relative to the fastening arm”. Appropriate correction is required.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-9 and 12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Westhovens et al. (US 8,528,732).
Regarding claim 1, Westhovens discloses a transport rack (container 1 – See Figs. 1-3) capable of fixing a receptacle in a transport container, the transport rack comprising a plurality of interconnected frame elements (four vertical frame elements at the four corners of container 1 – disposed below top elements 30/31/32/33 in Fig. 2) arranged in such a way as to form a receiving space capable of holding a receptacle disposed therein, the transport rack further comprising a movable fastening means (shown at the center of Figs. 2-3) capable of fastening the receptacle disposed in the receiving space, wherein the fastening means comprises a fastening arm (at 11 in Figs. 2-3) having at least one fastening element (at 17/18) that is displaceable and pivotable relative to the fastening arm (in direction A an direction B in Fig. 2), wherein the fastening element comprises two abutment elements (at 19/57 and 19/57) that are movable relative to the fastening element in a way that the fastening element is optimally capable of being adapted to different receptacle geometries.
Regarding claim 2, Westhovens discloses the transport rack further comprises a base element (at the bottom of container 1), wherein the plurality of interconnected frame elements comprises four vertical frame elements extending upwardly therefrom and horizontal frame elements (above 3 in Fig. 1) arranged in such a way as to connect the vertical frame elements.
Regarding claim 3, Westhovens discloses the base element comprises a closed surface (the base element is closed at at least the location of element 61 in Fig. 2).
Regarding claim 4, Westhovens discloses the base element comprises a hollow profile (hollow opening shown at 3 in Fig. 1, between 36 and 37 in Fig. 2) extending over the entire width at each of two opposite side portions of the base element.
Regarding claim 5, Westhovens discloses the hollow profile comprises at least one first opening (at 3) capable of receiving a forklift tine at end portions, and wherein the hollow profile comprises at least one second opening (another opening 3) capable of receiving a tensioning strap at a longitudinal side located between the end portions of the hallow profile.
Regarding claim 6, Westhovens discloses the fastening means is arranged indirectly on one of the four vertical frame elements.
Regarding claim 7, Westhovens discloses the fastening means comprises a fastening rod (at 14/15) that extends in parallel or obliquely to the respective frame element.
Regarding claim 8, Westhovens discloses the fastening arm is arranged displaceably on the fastening rod.
Regarding claim 9, Westhovens discloses the fastening element is capable of receiving a tensioning strap.
Regarding claim 12, Westhovens discloses stacking elements (at 30/31/32/33) capable of arranging two transport racks on top of each other.
Claim Rejections - 35 USC § 103
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Westhovens et al. (US 8,528,732) as applied to claim 1 above. As described above, Westhovens discloses the claimed invention except for the specific number of fastening means. However, 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 transport rack of Westhovens to have four fastening means in order to better secure items therein by applying more distributed points of contact. It has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8.
Response to Arguments
In view of Applicant's amendment, the search has been updated, and new prior art has been identified and applied. Applicant's arguments have been considered but are moot in view of the new ground(s) of rejection.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVEN A REYNOLDS whose telephone number is (571)272-9959. The examiner can normally be reached M-F 9am-5pm.
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/STEVEN A. REYNOLDS/Primary Examiner, Art Unit 3735