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 .
Drawings
The drawings are objected to because reference character 22S is not directed to the side flanges as disclosed in fig. 2.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “36” has been used to designate both top member and the assembly stack.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters "30" and "34" have both been used to designate container stack.
The drawings are objected to under 37 CFR 1.84(h)(5) because Figures 6, 10, and 11A show(s) modified forms of construction in the same view.
The drawings are objected to because no single reference character may be used for a given part and a modification of such part. MPEP 608.02(e). See at least 90 which has been used to designate multiple different flat sheets.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters "38" and "38b" have both been used to designate bottom members between figures 11A and 11B.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “11Bb” has been used to designate both bottommost container of the first assembly of figure 11A and bottommost container of the second assembly of figure 11A.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters "36Sa" and "36S" have both been used to designate side panels of the first assembly between figures 11A and 11B.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters "36Sb" and "36S" have both been used to designate side panels of the second assembly between figures 11A and 11B.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “36” has been used to designate top member in figure 11B while the disclosure refers to the top members as 36a and 36b for these embodiments.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: 36a, 34M, 36b, 11a, 40A, 40B, HP, HL.
The drawings are objected to because the lead lines associated with reference character 12P are not directed to a planar portion as disclosed.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: 38a.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, each of the four secondary areas including an extended secondary area that overlaps an adjacent panel and is affixed thereto of claim 12 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because reference character “12B” has been used to designate bottom-most container, bottom lid, bottommost lid, and bottommost container.
The disclosure is objected to because reference characters "34M" and "36M" have all been used to designate main panel in paragraph 0045.
The disclosure is objected to because reference characters "11B" and "12B" have all been used to designate bottommost container.
The disclosure is objected to because reference characters "11B" and "12B" have all been used to designate bottom-most container.
The disclosure is objected to because reference character “11B” has been used to designate bottom-most container and bottommost container.
The disclosure is objected to because reference character “24” has been used to designate upper edge and peripheral rim.
The disclosure is objected to because reference characters "24" and "24R" have all been used to designate peripheral rim.
The disclosure is objected to because of the following informalities: P. 0051 recites top members “36a and 36b”, “top and bottom members 36a, 36a, 38b, 38b” and “top and bottom members 36, 38”. It is unclear which reference characters are correct, but Examiner believes 36a, 36b, 38a, and 38b are.
Appropriate correction is required.
Claim Objections
Claim 9 is objected to because of the following informalities: “an secondary” of line 3 should be corrected to “a secondary”. Appropriate correction is required.
Claim 11 is objected to because of the following informalities: “areas area” of line 5 should be corrected to “areas are”. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The term “general” in claims 1, 13, and 16 is a relative term which renders the claims indefinite. The term “general” is not defined by the claims, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The limitation of alignment has been rendered indefinite by the use of the term general.
Claim 1 is led to be indefinite as it is unclear if the limitation “the top member having … first and second side panels” requires a plurality of first side panels and a plurality of second side panels or if the limitation requires a first side panel and a second side panel. The claim further recites “the first side panels” and “the second side panels”. However, the original figures only depict the top member having a single first side panel and a single second side panel. In light of the original disclosure and in order to apply art the claim will be interpreted as the former and correction of “the first side panels” and “the second side panels” is required.
Claim 1 is led to be indefinite as it is unclear if the limitation “the bottom member having … first and second opposing side panels” requires a plurality of first side panels and a plurality of second side panels or if the limitation requires a first side panel and a second side panel. The claim further recites “the first side panels” and “the second side panels”. However, the original figures only depict the bottom member having a single first side panel and a single second side panel. In light of the original disclosure and in order to apply art the claim will be interpreted as the former and correction of “the first side panels” and “the second side panels” is required.
Claim 1 is led to be indefinite as it is unclear if the limitation “the bottom member having … first and second opposing end panels” requires a plurality of first end panels and a plurality of second end panels or if the limitation requires a first end panel and a second end panel. The claim further recites “the first end panels” and “the second end panels”. However, the original figures only depict the bottom member having a single first end panel and a single second end panel. In light of the original disclosure and in order to apply art the claim will be interpreted as the former and correction of “the first end panels” and “the second end panels” is required.
The limitation of claim 1 line 12 of “the first side panels” is led to be indefinite as it is unclear if this limitation refers to the first side panel of the top member or the first side panel of the bottom member. In order to apply art the limitation will be interpreted as the latter.
The limitation of claim 1 line 13 of “the second side panels” is led to be indefinite as it is unclear if this limitation refers to the second side panel of the top member or the second side panel of the bottom member. In order to apply art the limitation will be interpreted as the latter.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 4 recites the broad recitation at least one container has an extrusion, and the claim also recites the extrusion which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 5 recites the broad recitation at least one storage container has a first extrusion, and the claim also recites the first extrusion which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 5 recites the broad recitation at least one storage container has … a second extrusion, and the claim also recites the second extrusion which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
The limitation of claim 5 of “a first strap and a second strap” is led to be indefinite. It is unclear if claim 5 requires a first strap and a second strap in addition to a strap of claim 1 from which claim 5 depends or if claim 5 requires a total of two straps. In light of the original disclosure and in order to apply art the claim will be interpreted as the latter, however further clarification and/or correction is required.
Claim 6 is led to be indefinite as it is unclear if “a side wall” is a newly recited structure or refers to one of the first and second opposing sidewalls of claim 1 from which claim 6 depends. In light of the original disclosure and in order to apply art the limitation will be interpreted as the latter. Examiner suggests amendment similar to “one of the first and second opposing sidewalls of a bottommost storage container has extrusions”.
The limitation of claim 9 of “an secondary area on each of two opposing sides” is led to be indefinite. It is unclear if there is a single secondary area which exists on each of two opposing sides of the main panel or if each of the two opposing sides of the main panel has a respective secondary area thereon, resulting in two secondary areas. In light of the original disclosure and in order to apply art the limitation will be interpreted as the latter. Further clarification and/or correction is required.
Claim 9 is led to be indefinite as it is unclear if “a side panel” is a newly recited structure or refers to one of the first and second opposing side panels of claim 1 from which claim 6 depends. In light of the original disclosure and in order to apply art the limitation will be interpreted as the latter.
The limitation of claim 9 of “an secondary area on each of two opposing sides” that is folded into forming a side panel” is led to be indefinite. It is unclear
if only a single side panel is formed upon folding of a secondary area on each of two opposing sides or if two side panels are formed. In light of the original disclosure and in order to apply art the limitation will be interpreted as the latter. Further clarification and/or correction is required.
The limitation of claim 10 lines 4-5 of “the first and second side panels” is led to be indefinite as it is unclear if this limitation refers to the first and second side panels of the top member or the first and second side panels of the bottom member. In order to apply art the limitation will be interpreted as the latter.
The limitation of claim 11 lines 1-2 of “the first side panel” is led to be indefinite as it is unclear if this limitation refers to the first side panel of the top member or the first side panel of the bottom member. In order to apply art the limitation will be interpreted as the latter.
Claims 13 and 16 are led to be indefinite as it is unclear if the limitation “the top tray having … first and second side panels” requires a plurality of first side panels and a plurality of second side panels or if the limitation requires a first side panel and a second side panel. The claims further recite “the first side panels” and “the second side panels”. However, the original figures only depict the top tray having a single first side panel and a single second side panel. In light of the original disclosure and in order to apply art the claims will be interpreted as the former and correction of “the first side panels” and “the second side panels” is required.
Claims 13 and 16 are led to be indefinite as it is unclear if the limitation “the bottom tray having … first and second opposing side panels” requires a plurality of first side panels and a plurality of second side panels or if the limitation requires a first side panel and a second side panel. The claims further recite “the first side panels” and “the second side panels”. However, the original figures only depict the bottom tray having a single first side panel and a single second side panel. In light of the original disclosure and in order to apply art the claims will be interpreted as the former and correction of “the first side panels” and “the second side panels” is required.
Claims 13 and 16 are led to be indefinite as it is unclear if the limitation “the bottom tray having … first and second opposing end panels” requires a plurality of first end panels and a plurality of second end panels or if the limitation requires a first end panel and a second end panel. The claims further recite “the first end panels” and “the second end panels”. However, the original figures only depict the bottom tray having a single first end panel and a single second end panel. In light of the original disclosure and in order to apply art the claims will be interpreted as the former and correction of “the first end panels” and “the second end panels” is required.
The limitation of claim 13 line 12 of “the first side panels” is led to be indefinite as it is unclear if this limitation refers to the first side panel of the top tray or the first side panel of the bottom tray. In order to apply art the limitation will be interpreted as the latter.
The limitation of claim 13 lines 13-14 line 13 of “the second side panels” is led to be indefinite as it is unclear if this limitation refers to the second side panel of the top tray or the second side panel of the bottom tray. In order to apply art the limitation will be interpreted as the latter.
The limitation of claim 16 line 13 of “the first side panels” is led to be indefinite as it is unclear if this limitation refers to the first side panel of the top tray or the first side panel of the bottom tray. In order to apply art the limitation will be interpreted as the latter.
The limitation of claim 16 lines 14-15 line 13 of “the second side panels” is led to be indefinite as it is unclear if this limitation refers to the second side panel of the top tray or the second side panel of the bottom tray. In order to apply art the limitation will be interpreted as the latter.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 16 recites the broad recitation each side wall having a first extrusion, and the claim also recites the first extrusion which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 16 recites the broad recitation each side wall having a second extrusion, and the claim also recites the second extrusion which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
The limitation of claim 17 that “a height of the side and end panels of the bottom tray are less than or equal to a distance between the bottom of the container and the extrusions” is led to be indefinite. From claim 16, which claim 17 is dependent, there is a stack of storage containers, each having a bottom and first and second opposing side walls, and each side wall having a first extrusion and a second extrusion. It is unclear if claim 17 limits the height of the side and end panels of the bottom tray to be less than or equal to a distance between the bottom and extrusions of only a single container or every container. Said another way, does the distance between the bottom and extrusions of a single container or all of the containers need to be greater than or equal to a height of the side and end panels of the bottom tray.
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 (i.e., changing from AIA to pre-AIA ) 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.
Claim(s) 1-4, 7, 9-10, and 13-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim (KR 2020200053747) further in view of Markert (US 1588121).
Claim 1: Kim discloses a transport assembly, comprising: a stack of container bodies 100 (storage containers), each container body 100 (storage container) having a bottom, first and second opposing side walls and first and second opposing end walls, and an upper edge extending around an opening of the container body 100 (container); a stack of lids 200 above the stack of container bodies 100 (storage containers) (see annotated fig. 5 below and fig. 4)
Kim does not disclose the transport assembly comprising a top member positioned above the stack of lids, the top member having a main top panel and first and second opposing side panels, the first side panels in general alignment with the first side walls of the stack of storage containers, the second side panels in general alignment with the second side walls of the stack of storage containers; a bottom member positioned below the stack of storage containers, the bottom member having a main bottom panel, first and second opposing side panels, and first and second opposing end panels, the first side panels in general alignment with the first side walls of the stack of storage containers, the second side panels in general alignment with the second side walls of the stack of storage containers, the first end panels being in general alignment with the first end walls of the stack of storage containers, and the second end panels being in general alignment with the second end walls of the stack of storage containers; and a strap extending circumferentially around the top member, the stack of lids, the stack of storage containers and the bottom member.
Markert teaches a bundle of shingles 1 and a board 2 (top member) positioned above the stack of shingles, the board 2 (top member) having a main top panel and first and second opposing flanges 4 (side panels), the flange 4 (first side panels) in general alignment with the first side walls of the stack of shingles, the opposite flange 4 (second side panels) in general alignment with the second side walls of the stack of shingles; a board 2 (bottom member) positioned below the stack of shingles, the board 2 (bottom member) having a main bottom panel, flanges 4 (first and second opposing side panels), and flanges 5 (first and second opposing end panels), the flange 4 (first side panels) in general alignment with the first side walls of the stack of shingles, the opposite flange 4 (second side panels) in general alignment with the second side walls of the stack of shingles, the flange 5 (first end panels) being in general alignment with the first end walls of the stack of shingles, and the opposite flange 5 (second end panels) being in general alignment with the second end walls of the stack of shingles; and wires 9 (straps) extending circumferentially around the board 2 (top member), the stack of shingles and the board 2 (bottom member) (see annotated fig. 3 below and fig. 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have provided a board 2 (top member) positioned above the stack of lids 200, a board 2 (bottom member) positioned below the stack of container bodies 100 (storage containers), and wires 9 (straps) extending circumferentially around the board 2 (top member), the stack of lids 200, the stack of container bodies 100 (storage containers), and the board 2 (bottom member), as taught by Markert, in order to package and protect the lids 200 and container bodies 100 (storage containers) during shipping.
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Claim 2: The combination discloses wherein each lid 200 has first and second side flanges and first and second end flanges, and the flange 4 (first side panel) of the board 2 (top member) covers the first side flanges of the stack of lids 200, and the flange 4 (second side panel) of the board 2 (top member) covers the second side flanges of the stack of lids 200 (see annotated fig. 5 above and fig. 4).
Claim 3: The combination discloses the claimed invention except wherein the upper edge of at least one storage container is exposed.
When arranging the board 2 (bottom member) below the stack of container bodies 100 (storage containers) there are three identified predictable solutions. The first being the upper edge of a lower container body 100 (storage container) being covered by the flanges 4 & 5 (first and second opposing side panels and first and second opposing end panels) of the board 2 (bottom member), the second being the upper edge of an lower container body 100 (storage container) being covered by the flanges 4 & 5 (first and second opposing side panels and first and second opposing end panels) of the board 2 (top member), and the last being the lower edge of an upper container body 100 (storage container) being exposed. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have had the upper edge of the lower container body 100 (storage container) be exposed, as it would have been obvious to try the last identified predictable solution with a reasonable expectation of success.
Claim 4: The combination discloses wherein each side wall of at least one container body 100 (storage container) has a locking portion 150 (extrusion), and the wires 9 (straps) extends over the locking portion 150 (extrusion) (see annotated fig. 5 above).
Claim 7: The combination discloses wherein the stack of container bodies 100 (storage containers) consists of four container bodies 100 (storage containers) and the stack of lids 200 consists of four lids 200 (see fig. 4-5).
Claim 9: The combination discloses wherein the board 2 (top member) has a construction of a sheet material with a main area that forms the main panel with two opposing sides, and an secondary area on each of two opposing sides that is folded into forming a side panel (see annotated fig. 3 above).
Claim 10: The combination discloses wherein the board 2 (bottom member) has a construction of a sheet material with a main area that forms the main panel with four sides, and four secondary areas, each having one side that is contiguous with the main area wherein first and second secondary areas are folded into forming the flanges 4 (first and second side panels), respectively and third and fourth secondary areas area folded into forming the flanges 5 (first and second end panels) (see annotated fig. 3 above).
Claim 13: Kim discloses a transport assembly, comprising: a stack of container bodies 100 (storage containers), each container body 100 (storage container) having a bottom, first and second opposing side walls and first and second opposing end walls, and an upper edge extending around an opening of the container body 100 (container); a stack of lids 200 above the stack of container bodies 100 (storage containers) (see annotated fig. 5 above and fig. 4).
Kim does not disclose the transport assembly comprising a top tray positioned above the stack of lids, the top tray having a main top panel and first and second side panels extending downwardly, the first side panels in general alignment with the first side walls of the stack of storage containers, the second side panels in general alignment with the second side walls of the stack of storage containers; a bottom tray positioned below the stack of storage containers, the bottom tray having a main bottom panel, first and second opposing side panels that extend upwardly, and first and second opposing end panels that extend upwardly, the first side panels in general alignment with the first side walls of the stack of storage containers, the second side panels in general alignment with the second side walls of the stack of storage containers, the first end panels being in general alignment with the first end walls of the stack of storage containers, and the second end panels being in general alignment with the second end walls of the stack of storage containers; and a first strap and a second strap, each extending circumferentially around the top tray, the stack of lids, the stack of storage containers and the bottom tray.
Markert teaches a bundle of shingles 1 and a board 2 (top tray) positioned above the stack of shingles, the board 2 (top tray) having a main top panel and first and second flanges 4 (side panels) extending downwardly, the flange 4 (first side panels) in general alignment with the first side walls of the stack of shingles, the opposite flange 4 (second side panels) in general alignment with the second side walls of the stack of shingles; a board 2 (bottom tray) positioned below the stack of shingles, the board 2 (bottom tray) having a main bottom panel, flanges 4 (first and second opposing side panels) that extend upwardly, and flanges 5 (first and second opposing end panels) that extend upwardly, the flange 4 (first side panels) in general alignment with the first side walls of the stack of shingles, the opposite flange 4 (second side panels) in general alignment with the second side walls of the stack of shingles, the flange 5 (first end panels) being in general alignment with the first end walls of the stack of shingles, and the opposite flange 5 (second end panels) being in general alignment with the second end walls of the stack of shingles; and wires 9 (first and second straps) each extending circumferentially around the board 2 (top tray), the stack of shingles and the board 2 (bottom tray) (see annotated fig. 3 above and fig. 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have provided a board 2 (top tray) positioned above the stack of lids 200, a board 2 (bottom tray) positioned below the stack of container bodies 100 (storage containers), and wires 9 (straps) extending circumferentially around the board 2 (top tray), the stack of lids 200, the stack of container bodies 100 (storage containers), and the board 2 (bottom tray), as taught by Markert, in order to package and protect the lids 200 and container bodies 100 (storage containers) during shipping.
Claim 14: The combination discloses the claimed invention except wherein a height of the flanges 4 (side panels) of the board 2 (bottom tray) ranges between about 10% to 50% of a height of a container body 100 (storage container).
It would have been obvious to one of ordinary skill in the art at the time that the invention was made to have made a height of the flanges 4 (side panels) of the board 2 (bottom tray) range between about 10% to 50% of a height of a container body 100 (storage container) in order to protect a desired quantity of the container body 100 (storage container) and since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or working ranges involves only routine skill in the art. In. re Aller, 105 USPW 233.
Examiner notes that no criticality has been established for the claimed range.
Claim 15: The combination discloses the claimed invention except wherein a height of the flanges 4 (side panels) of the board 2 (bottom tray) ranges between about 15% to 20% of a height of a container body 100 (storage container).
It would have been obvious to one of ordinary skill in the art at the time that the invention was made to have made a height of the flanges 4 (side panels) of the board 2 (bottom tray) range between about 15% to 20% of a height of a container body 100 (storage container) in order to protect a desired quantity of the container body 100 (storage container) and since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or working ranges involves only routine skill in the art. In. re Aller, 105 USPW 233.
Examiner notes that no criticality has been established for the claimed range.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim (KR 2020200053747) and Markert (US 1588121) as applied to claim 1 above, and further in view of Newman (US 20160090223).
Claim 8: The combination discloses wherein the board 2 (top member) and the board 2 (bottom member) are constructed of paper board (cardboard) (see L. 18-27).
The combination does not disclose wherein the top member and the bottom member are constructed of corrugated cardboard.
Newman teaches a bottom tray element 104 and cap element 106 formed of corrugated cardboard (see P. 0039 and fig. 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have made the board 2 (top member) and the board 2 (bottom member) out of corrugated cardboard, as taught by Newman, in order to provide additional strength and since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Claim(s) 5 and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim (KR 2020200053747) and Markert (US 1588121) as applied to claim 1 above, and further in view of 박병호 (KR 2020160004032).
Claim 5: The combination discloses wires 9 (first and second straps) (see fig. 1 ‘121).
The combination does not disclose wherein each side wall of at least one storage container has a first extrusion and a second extrusion, and the first strap extends over the first extrusion and the second strap extends over the second extrusion.
박병호 teaches a lid 20 above a main body 10 and a band 44 for binding the main body 10 and lid 20, wherein a side wall of the main body 10 has a side support portion 43 (extrusion), and the band 44 extends over the side support portion 43 (extrusion) is configured to support both sides of the band 44 (see fig. 4).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have provided each side wall of the container bodies 100 (storage containers) to have two side support portions 43 (extrusions) each positioned to receive one of the wires 9 (first and second straps), as taught by 박병호, in order to assist in preventing the wires 9 (first and second straps) from shifting out of position and to properly align them with the container bodies 100 (storage containers).
Claim 6: The combination does not disclose wherein a bottommost storage container has a side wall with extrusions and the side panels of the bottom member remain below the extrusions.
박병호 teaches a lid 20 above a main body 10 and a band 44 for binding the main body 10 and lid 20, wherein a side wall of the main body 10 has a side support portion 43 (extrusion), and the band 44 extends over the side support portion 43 (extrusion) is configured to support both sides of the band 44 (see fig. 4).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have provided each side wall of the container bodies 100 (storage containers) to have two side support portions 43 (extrusions) each positioned to receive one of the wires 9 (first and second straps), as taught by 박병호, in order to assist in preventing the wires 9 (first and second straps) from shifting out of position and to properly align them with the container bodies 100 (storage containers).
The combination results in the bottommost container body 100 (storage container) having a side wall with support portions 43 (extrusions) and the flanges 4 (side panels) of the board 2 (bottom member) must necessarily remain below the side support portions 43 (extrusions) as the wires 9 (first and second straps) must access the side support portions 43 (extrusions) in the combination.
Claim(s) 11 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim (KR 2020200053747) and Markert (US 1588121) as applied to claim 10 above, and further in view of Lupien (US 1667354).
Claim 11: The combination discloses the claimed invention except wherein adjacent edges of the first side panel and the first end panel are affixed together to form a corner.
Lupien teaches a box 13 having a construction of a sheet material with a main area that forms a main panel with four sides, and four secondary areas, each having one side that is contiguious with the main area wherein first and second secondary areas are folded into forming first and second side panels, respectively and third and fourth secondary areas are folded into forming first and second end panels, wherein each of the four secondary areas include flap members 14 that overlap adjacent panels and are affixed thereto to form corners (see annotated fig. 1 and 9 below).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have provided the boards 2 (top and bottom members) with flap members 14 that overlap adjacent panels and are affixed thereto to form corners, as taught by Lupien, in order to provide additional rigidity to the boards 2 (top and bottom members) and better restrain them in position.
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Claim 12: The combination discloses the claimed invention except wherein each of the four secondary areas include an extended secondary area that overlaps an adjacent panel and is affixed thereto.
Lupien teaches a box 13 having a construction of a sheet material with a main area that forms a main panel with four sides, and four secondary areas, each having one side that is contiguious with the main area wherein first and second secondary areas are folded into forming first and second side panels, respectively and third and fourth secondary areas are folded into forming first and second end panels, wherein each of the four secondary areas include flap members 14 (extended secondary areas) that overlap adjacent panels and are affixed thereto to form corners (see annotated fig. 1 and 9 above).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have provided the boards 2 (top and bottom members) with flap members 14 (extended secondary areas) that overlap adjacent panels and are affixed thereto to form corners, as taught by Lupien, in order to provide additional rigidity to the boards 2 (top and bottom members) and better restrain them in position.
Claim(s) 16 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim (KR 2020200053747) further in view of Markert (US 1588121) and 박병호 (KR 20160004032).
Claim 16: Kim discloses a transport assembly, comprising: a stack of container bodies 100 (storage containers), each container body 100 (storage container) having a bottom, first and second opposing side walls and first and second opposing end walls, and an upper edge extending around an opening of the container body 100 (container); a stack of lids 200 above the stack of container bodies 100 (storage containers) (see annotated fig. 5 above and fig. 4).
Kim does not disclose the transport assembly comprising a top tray positioned above the stack of lids, the top tray having a main top panel and first and second side panels extending downwardly, the first side panels in general alignment with the first side walls of the stack of storage containers, the second side panels in general alignment with the second side walls of the stack of storage containers; a bottom tray positioned below the stack of storage containers, the bottom tray having a main bottom panel, first and second opposing side panels that extend upwardly, and first and second opposing end panels that extend upwardly, the first side panels in general alignment with the first side walls of the stack of storage containers, the second side panels in general alignment with the second side walls of the stack of storage containers, the first end panels being in general alignment with the first end walls of the stack of storage containers, and the second end panels being in general alignment with the second end walls of the stack of storage containers; and a first strap and a second strap, each extending circumferentially around the top tray, the stack of lids, the stack of storage containers and the bottom tray, each side wall having a first extrusion and a second extrusion, the first strap extending over the first extrusion and the second strap extending over the second extrusion, wherein the extrusions are exposed between the upper and lower trays.
Markert teaches a bundle of shingles 1 and a board 2 (top tray) positioned above the stack of shingles, the board 2 (top tray) having a main top panel and first and second flanges 4 (side panels) extending downwardly, the flange 4 (first side panels) in general alignment with the first side walls of the stack of shingles, the opposite flange 4 (second side panels) in general alignment with the second side walls of the stack of shingles; a board 2 (bottom tray) positioned below the stack of shingles, the board 2 (bottom tray) having a main bottom panel, flanges 4 (first and second opposing side panels) that extend upwardly, and flanges 5 (first and second opposing end panels) that extend upwardly, the flange 4 (first side panels) in general alignment with the first side walls of the stack of shingles, the opposite flange 4 (second side panels) in general alignment with the second side walls of the stack of shingles, the flange 5 (first end panels) being in general alignment with the first end walls of the stack of shingles, and the opposite flange 5 (second end panels) being in general alignment with the second end walls of the stack of shingles; and wires 9 (first and second straps) each extending circumferentially around the board 2 (top tray), the stack of shingles and the board 2 (bottom tray) (see annotated fig. 3 above and fig. 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have provided a board 2 (top tray) positioned above the stack of lids 200, a board 2 (bottom tray) positioned below the stack of container bodies 100 (storage containers), and wires 9 (straps) extending circumferentially around the board 2 (top tray), the stack of lids 200, the stack of container bodies 100 (storage containers), and the board 2 (bottom tray), as taught by Markert, in order to package and protect the lids 200 and container bodies 100 (storage containers) during shipping.
박병호 teaches a lid 20 above a main body 10 and a band 44 for binding the main body 10 and lid 20, wherein a side wall of the main body 10 has a side support portion 43 (extrusion), and the band 44 extends over the side support portion 43 (extrusion) is configured to support both sides of the band 44 (see fig. 4).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have provided each side wall of the container bodies 100 (storage containers) to have two side support portions 43 (extrusions) each positioned to receive one of the wires 9 (first and second straps), as taught by 박병호, in order to assist in preventing the wires 9 (first and second straps) from shifting out of position and to properly align them with the container bodies 100 (storage containers).
The combination results in the support portions 43 (extrusions) necessarily being exposed between the boards 2 (top and bottom trays) as the wires 9 (first and second straps) must access the side support portions 43 (extrusions) in the combination.
Claim 17: The combination discloses wherein a height of the flanges 4 and 5 (side and end panels) of the board 2 (bottom tray) are less than or equal to a distance between the bottom of the container body 100 (storage container) and the side support portions 43 (extrusions) as the side support portions 43 (extrusions) must be accessible to the wires 9 (first and second straps) in the combination.
Claim(s) 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim (KR 2020200053747), Markert (US 1588121), and 박병호 (KR 20160004032) as applied to claim 16 above, and further in view of Newman (US 20160090223).
Claim 18: The combination discloses wherein the board 2 (top tray) and the board 2 (bottom tray) include paper board (cardboard) (see L. 18-27).
The combination does not disclose wherein the top tray and the bottom tray are constructed of corrugated cardboard.
Newman teaches a bottom tray element 104 and cap element 106 formed of corrugated cardboard (see P. 0039 and fig. 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have made the board 2 (top tray) and the board 2 (bottom tray) out of corrugated cardboard, as taught by Newman, in order to provide additional strength and since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Claim 19: The combination discloses wherein the board 2 (top tray) is constructed from one sheet of paper board (cardboard) (see L. 18-27).
The combination does not disclose wherein the top tray is constructed from corrugated cardboard.
Newman teaches a bottom tray element 104 and cap element 106 formed of corrugated cardboard (see P. 0039 and fig. 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have made the board 2 (top tray) out of corrugated cardboard, as taught by Newman, in order to provide additional strength and since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Claim 20: The combination discloses wherein the board 2 (bottom tray) is constructed from one sheet of paper board (cardboard) (see L. 18-27).
The combination does not disclose wherein the bottom tray is constructed from corrugated cardboard.
Newman teaches a bottom tray element 104 and cap element 106 formed of corrugated cardboard (see P. 0039 and fig. 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have made the board 2 (bottom tray) out of corrugated cardboard, as taught by Newman, in order to provide additional strength and since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALLAN D STEVENS whose telephone number is (571)270-7798. The examiner can normally be reached Monday-Friday 12-8 ET.
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/ALLAN D STEVENS/Primary Examiner, Art Unit 3736
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