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 .
DETAILED ACTION
Examiner’s Comments
The text of those sections of Title 35, US Code not included in this action can be found in a prior Office action.
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.
Column and line (or Paragraph Number) citations have been provided as a convenience for Applicants, but the entirety of each reference should be duly considered. Any recitation of a Figure element, e.g. “Figure 1, element T should be construed as inherently also reciting “and relevant disclosure thereto”.
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged. Applicant has not complied with one or more conditions for receiving the benefit of an earlier filing date under 35 U.S.C. 119(e) as follows:
The later-filed application must be an application for a patent for an invention which is also disclosed in the prior application (the parent or original nonprovisional application or provisional application). The disclosure of the invention in the parent application and in the later-filed application must be sufficient to comply with the requirements of 35 U.S.C. 112(a) or the first paragraph of pre-AIA 35 U.S.C. 112, except for the best mode requirement. See Transco Products, Inc. v. Performance Contracting, Inc., 38 F.3d 551, 32 USPQ2d 1077 (Fed. Cir. 1994).
The disclosure of the prior-filed application, Application No. 63/081,165, fails to provide adequate support or enablement in the manner provided by 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph for one or more claims of this application. The provisional application of 9/21/20 does not provide adequate support for the specific magnetic restraint including a housing of claim 36. The effective filing date for this claim will be 1/15/21 as this subject matter is present in the provisional application of 63/138,133.
Election/Restrictions
Newly submitted claims 37-43 are directed to an invention that is independent or distinct from the invention originally claimed for the following reasons: The new claims are directed to a patentably distinct species and recite mutually exclusive characteristics of such species including the specifics of the buckle positions and all that is recited in claims 37-43.
Since applicant has received an action on the merits for the originally presented invention, this invention has been constructively elected by original presentation for prosecution on the merits. Accordingly, claims 37-43 are withdrawn from consideration as being directed to a non-elected invention. See 37 CFR 1.142(b) and MPEP § 821.03.
To preserve a right to petition, the reply to this action must distinctly and specifically point out supposed errors in the restriction requirement. Otherwise, the election shall be treated as a final election without traverse. Traversal must be timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are subsequently added, applicant must indicate which of the subsequently added claims are readable upon the elected invention.
Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
Claim Objections
Claim 9 is objected to because of the following informalities: on line 1, this claim depends on claim 4 which has been canceled. This claim should apparently instead depend from claim 1. 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.
Claim 14 is 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.
Claim 14 recites the limitations "a draw latch strap" in lines 1-2 and “an interior lateral surface” in line 2. There is insufficient antecedent basis for these limitations in the claim. For the first limitation, perhaps applicant intended to recite that the strap (recited in claim 1) is a draw latch strap. For the second limitation, it is unclear if the interior lateral surface is intended to be the same feature as the “side wall” of claim 1 or a different and distinct surface. For the purposes of examination on the merits, these feature will be considered one and the same.
Claim Rejections - 35 USC § 102
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 8, and 14 are rejected under 35 U.S.C. 102(a)(1) or (a)(2) as being anticipated by Clark (2005/0163584).
For claim 1, Clark discloses a bulkhead (partitions 12) for use in a cargo storage area (14) of an enclosed cargo transporter (14), the cargo storage area having a storage length and a logistic track (FIG.1) extending in a longitudinal direction along a side wall (22) of the cargo transporter, the bulkhead comprising:
an overhead track system (20) mountable to the enclosed cargo transporter within the cargo storage area;
a first carriage (50) attached to the overhead track system,
the first carriage being movable relative to the overhead track system in the longitudinal direction while being guided by the overhead track system (20);
a first panel (12) having a side seal (70), the first panel to be suspended by the first carriage from the overhead track system,
wherein the weight of the first panel is substantially supported by the overhead track system via the first carriage; and
a strap (72) having a first end and a second end, the first end coupled to the panel and the second end coupled to a clip (not numbered, FIG.1) to couple to the logistic track; and
a buckle (FIG.1) coupled to the strap between the first end and the second end,
the buckle movable between a first position and a second position to reduce the distance between the first end and the second end such that the side seal of the panel sealingly engages the side wall of the cargo transporter.
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For claim 8, Clark further includes
a second panel (12) suspended by a second carriage from the overhead track system; and
a seal (70) positioned between the overhead track system and an interior surface of the cargo transporter (FIG.1).
For claim 14, the strap includes a draw latch strap for securing the panel to an interior lateral surface of the cargo transporter.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 8-10, 14-15, and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over DE 275 (DE 10307275) in view of Clark (2005/0163584).
For claim 1, DE 275 discloses a bulkhead (5) for use in a cargo storage area (K) of an enclosed cargo transporter (FIG.1), the cargo storage area having a storage length extending in a longitudinal direction, a storage width extending in a lateral direction, and a storage height extending in a vertical direction, the bulkhead comprising:
an overhead track system (6,8, FIG.1) mountable to the enclosed cargo transporter within the cargo storage area;
a first carriage (44 (FIG.7), 114 (FIG.20)) attached to the overhead track system,
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the first carriage (44,114) being movable relative to the overhead track system in at least one of the lateral direction or the longitudinal direction while being guided by the overhead track system (6.8); and
a first panel (10) to be suspended by the first carriage from the overhead track system,
wherein the weight of the first panel is substantially supported by the overhead track system via the first carriage.
For claims 1 and 14, DE 275 lacks a logistic track extending in the longitudinal direction along a side wall of the cargo transporter, the first panel having a side seal;
a draw latch strap, for securing the panel to the sidewall; the strap having a first end and a second end, the first end coupled to the panel and the second end coupled to a clip to couple to the logistic track; and
a buckle coupled to the strap between the first end and the second end, the buckle movable between a first position and a second position to reduce the distance between the first end and the second end such that the side seal of the panel sealingly engages the side wall of the cargo transporter.
Clark (2005/0163584) teaches a bulkhead for a cargo storage area of an enclosed cargo transporter, the storage area including a logistic track (FIG.1) extending in a longitudinal direction along a side wall of the cargo transporter,
the first panel (12) having a side seal (70); a draw latch strap (72, FIG.1) having a first end and a second end, the first end coupled to the panel and the second end coupled to a clip to couple to the logistic track; the draw latch strap for securing the panel to the side wall; and
a buckle (not numbered, FIG.1) coupled to the strap between the first end and the second end, the buckle movable between a first position and a second position to reduce the distance between the first end and the second end such that the side seal of the panel sealingly engages the side wall of the cargo transporter.
Clark further includes a second panel (12) suspended by a second carriage from the overhead track system; and a seal (70) positioned between the overhead track system and an interior surface of the cargo transporter (FIG.1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention and with a reasonable expectation of success to have provided DE 275 with a logistic track, seals (side and top), draw latch strap, and buckles as taught by Clark in order to more securely anchor the panel to the transporter and seal the partitions formed by the panels.
For claim 15, DE 275 further discloses
the first carriage (44,114) being movable along the overhead track system along a lateral distance {FIG. 19a, b} in the lateral direction,
the first carriage (44,114) to move along the overhead track system (6,8) in the longitudinal direction (P, FIG.1); and
the first panel (10) having a panel width, and the lateral distance of the first carriage being greater than one third of the panel width.
For claims 8-9 and 18, a second panel (9,11) is suspended by a second carriage from the overhead track system,
the second carriage (44,114) providing the second panel with a second swivel range of motion of at least 45 degrees about a second vertical axis relative to the overhead track system; the second vertical axis is laterally spaced apart from a first vertical axis of the first panel; and
a releasable coupling (91, [0110], FIG.16) is provided between the first panel and the second panel, the releasable coupling being vertically elongate.
A seal (70, taught by Clark as set forth above) can be provided along a top of the panel.
For claim 10, the first panel includes a pliable core section ([0096]).
For claim 19, the overhead track system (embodiment of FIGS.19a-b and 20) includes a first lateral track and a second lateral track that extend in the lateral direction (FIGS.19a-b),
the first lateral track oriented substantially parallel to the second lateral track,
the first carriage being movable along and guided by the first lateral track, and
the second carriage being movable along and guided by the second lateral track.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over DE 275 as modified and applied to claim 1 above in view of Nelson et al. (11479158).
For claim 12, DE 275 discloses the first panel having an upper section and a lower section but lacks the lower section being a replaceable lower section, with a restorably disconnectable joint connecting the replaceable lower section and the upper section, the replaceable lower section having a lower section height that is between 20% and 50% of the upper section height.
Nelson et al. teach this feature where panel (200) includes different sections along the length thereof, a top section (230) and middle section (232), and a bottom section (234). The disclosure provides for panels (after cutting to appropriate size) to be assembled via joint connections (FIGS.4A-E and FIG.5A) without additional bonding.
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention and with a reasonable expectation of success to have provided the panel of DE 275 with a removable lower section and joint connector as taught by Nelson et al. in order to allow the lower section to be easily replaced when damaged or marred.
Claim 28 is rejected under 35 U.S.C. 103 as being unpatentable over DE 275 as modified and applied above to claim 15 and in view of Brussard et al. (2008/0012371).
For claim 28, DE 275 lacks a brake system as recited.
Brake systems are well known in the prior art as a means to prevent movement of a carriage along a track system as taught by Brussard et al. (129, FIG.6 and [0041]). The brake mechanism selectively reduces or prevents movement of a carriage in the longitudinal direction.
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention and with a reasonable expectation of success to have provided such a brake system as known from Brussard et al. for use with the carriage of DE 275 in order to prevent movement of the bulkhead.
Claims 34 and 36 are rejected under 35 U.S.C. 103 as being unpatentable over DE 275 in view of DE 202012104372 (DE 372).
For claim 34, DE 275 discloses a bulkhead (5) for use in a cargo storage area (K) of an enclosed cargo transporter (FIG.1), the cargo storage area having a storage length extending in a longitudinal direction, a storage width extending in a lateral direction, and a storage height extending in a vertical direction, the bulkhead comprising:
an overhead track system (6,8) mountable to the enclosed cargo transporter within the cargo storage area;
a carriage (44,114) attached to the overhead track system,
the carriage being movable relative to the overhead track system in at least one of the lateral direction or the longitudinal direction while being guided by the overhead track system;
a panel (10) suspended by the carriage from the overhead track system; and
a restraint (18, [0069]) carried by the panel,
the restraint to secure the panel to a wall of the cargo storage area to restrict movement of the panel during at least one of movement of the cargo storage area or an unloading/loading operation.
DE 275 discloses restraint (18) but fails to provide the restraint including a magnet to magnetically engage a logistic track of the cargo storage area to secure the panel to the wall of the cargo storage area and a housing having a cavity to at least partially receive the magnet therein, wherein the housing has a side surface that tapers between a leading edge of the housing and a surface of the panel.
These features are known from DE 372 which includes magnets (MA, WB, ML) where at least magnet (ML) is housed within a receiving cavity (FIG.6(B)) which is tapered between a leading edge and a surface of the panel.
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention and with a reasonable expectation of success to have provided the panel of DE 275 with a receiving cavity and magnet as taught by DE 372 in order to allow the panel to be magnetically restrained.
Response to Arguments
Applicant’s arguments with respect to claim(s) as amended have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
With regard to claim 1 which has been to incorporate the subject matter of claim 35 (now canceled), applicant has made not meaningful remarks. That is, applicant has argued that DE 275 fails to include a magnet. However, as set forth in the previous office action, the DE 372 reference was used to teach this feature. Applicant has made not comments or remarks to this previously set forth combination rejection.
With regard to claim 34 which has been amended to incorporate verbatim the subject matter of claim 35 (now canceled), applicant has made not meaningful remarks. That is, applicant has argued that DE 275 fails to include a magnet. However, as set forth in the previous office action, the DE 372 reference was used to teach this feature. Applicant has made not comments or remarks to this previously set forth combination rejection.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Dorr et al. (4375829) teaches the use of a panel having upper section and lower section with a connection therebetween (FIGS.1 and 4).
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DE 202012104372 (DE 372) teaches the use of seals and gaskets as taught for example by DE 372 at “TE” as a draft barrier which prevents the formation of a heat-transporting air flow. This seal prevents fluid (air) from circulating between storage area divided by a bulkhead.
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Any inquiry concerning this communication or earlier communications from the examiner should be directed to HILARY L GUTMAN whose telephone number is 571.272.6662. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, PAUL DICKSON can be reached on 571.272.7742. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Should you have questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/HILARY L GUTMAN/Primary Examiner, Art Unit 3614