DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claims 1-8 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.
Claim 1, “the inward facing surfaces of the support” in the second to last line lacks clear antecedent support and could be written as –the inward facing surfaces of the supports—to clarify the term as best understood.
Claim 6, “the support” bridging the last two lines lacks clear antecedent support – note plural supports are previously introduced. The term could be written as –a respective one of the supports—for clarity as best understood.
Claim 7, “the support” in the second to last line lacks clear antecedent support. The term could be written as –the respective support—for clarity as best understood.
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 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.
Claim(s) 1-2 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by EP 0,165,594 (cited by applicant on the IDS of 6/23/23).
EP ‘594 teaches a system (figure 1) comprising a pair of elongated support elements (12 – figure 1) which extend parallel about opposite sides of a deck (cargo deck touched by the tag-line for reference number 11 in figure 1) of a vehicle (truck 10) to constrain movement of cargo (13) placed on the deck between the supports in a horizontal plane as broadly claimed – figure 1. As also shown in figure 1, each support (i.e. sidewalls 12) includes an upward facing surface (i.e. the top surfaces of sidewalls 12) and inward facing surfaces (i.e. inner surfaces of sidewalls 12) facing each other across the cargo area/deck (at 11). The system further includes a rigid elongate load restraint member (at 14) that extends between and is secured to the supports (12) to constrain movement of a cargo (13) placed on the deck between the supports – see figures 1 and 2. The restraint member comprises and end face about each end of the restraint member that faces the inward facing surface of a respective one of the elongated supports (see annotated figure below) and a projection (also see annotated figure below) that protrudes longitudinally beyond each end face and upon which the restraint member seats on and can slide along the upwardly facing surfaces of the elongate supports (see annotated figure 2 below) to position the restraint member against the cargo (figure 1). The restraint member further includes a clamp (22, 24) with a jaw (at 24) that defines in part one of the end faces such that the clamp is operable to move the jaw along a longitudinal axis of the restraint member via threaded rod portion 25 and press each end face against the respective inward facing surface of the supports to secure the restraint member in position against the elongate supports as broadly claimed – see annotated figure 2 below.
Finally note, the examiner’s interpretation of the components of the ‘594 reference as they are applied to the specific components of instant claim 1 closely corresponds to the interpretation of the ‘594 reference detailed in the written opinion of the international searching authority for PCT/GB2021/053428 (copy of this document included by applicant in the 6/23/23 filing).
Annotated Figure 2 from EP 0,165,594
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Claim 2, the ‘594 apparatus could be used to secure an intermodal container (i.e. a container usable or transportable between different “modes” – i.e. road trailer transport, train transport etc.) and is readable on the claim as broadly recited. Note also, in as much as the cargo/container per se is not a positively recited element of the claimed combination, the functional language relating thereto is given little patentable weight.
Claims 3-8 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Claims 10-14 are allowed.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Maresh et al., Kanczuzewski et al., and Scott ‘178 are cited as additional examples of rigid elongate load restraint members secured across a cargo deck and secured to opposing supports.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Stephen Gordon whose telephone number is (571)272-6661. The examiner can normally be reached Mondays 8am-4pm and Thursdays 8am-4pm.
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/STEPHEN T GORDON/Primary Examiner, Art Unit 3612