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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 07/02/2026 has been entered.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 26, 29-35, 37-39 is/are rejected under 35 U.S.C. 103 as being unpatentable over Oakes (WO0009297) in view of Reynolds (GB2592104).
Oakes discloses:
26. A system (figs 1-10) comprising a conveying apparatus and a container (adjacent 60 and adjacent 61/13), the container comprising a wall arrangement defining a load receiving space (vertical elements and containing area within), and a support member attached on the wall arrangement (adjacent 15 and “bale arms” in fig 9-11), the support member being movable between a support position and a non-support position (capable of performing the above intended use), wherein, in the support position, the support member extends at least partially across the load receiving space (as in fig 2, 4, 5, 10), the support member having a planar portion to support a further container in a stacked condition on the container (portion of 15 for example that lies in a plane in fig 2, 4, 5, 10), the conveying apparatus comprising a conveyor and an urging member to urge the support member from the non-support position to the support position (60 and portion adjacent 77 capable of performing the above intended use), wherein the urging member is configured so that while the container is being conveyed on the conveyor, the support member of the container is moved into contact with urging member, which urges the support member to its support position (capable of performing the above intended use, as for example shown with elements of 77 which engage and embrace with the support members/bale arms);
wherein in the support position, the planar portion extends transverse to the wall arrangement (as in figs 2, 4, 5, 10), wherein in the non-support position, the planar portion extends upwardly relative to the wall arrangement to project upwardly from the wall arrangement above the wall arrangement (relatively upward in fig 1 for example);
with the exception of the following which is disclosed by Reynolds: form of a flap (such as shown adjacent element 36). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify Oakes in view of Reynolds (by changing the shape of the existing member or replacing the member in the same position) in order to provide more surface area of the member in order to stabilize stacking for example
The Combined Reference discloses:
29. The system of claim 26, wherein a portion of the urging member is sloped so that while the container is being conveyed on the conveyor, the support member of the container is moved into contact with the sloped portion of the urging member, which urges the support member to its support position (Oakes sloping angles shown in fig 11 of portions of 77 such as adjacent 79 for example of which permit the device to perform its intended use of repositioning).
30. The system of claim 26, wherein the container comprises two of the aforesaid support member and the conveying apparatus comprises two of said urging members, to urge the support members from the non-support position to the support position (Oakes as in fig 10 capable of performing the above intended use).
31. The system of claim 30, wherein the support members are arranged opposite to each other (Oakes as in fig 10).
32. The system of claim 31, wherein the wall arrangement comprises two opposite first and second walls, and wherein the support members are arranged on the opposite first walls (Oakes as in figs 1-5, the Office notes that in different positions the members are arranged on either walls).
33. The system of claim 32, wherein the support members are pivotally attached to upper edge regions of the opposite first walls (Oakes pivot region such as adjacent 17).
34. The system of claim 32, wherein each support member is pivotally attached to the respective first wall by a hinge and a hinge member, wherein the hinge is provided on the first wall, and wherein the hinge member extends from the planar portion (Oakes hinge such as adjacent 17 in fig 4 and member such as member adjacent “27” of support that extends from adjacent “15” in fig 4, where member extends from planar portion).
35. (Previously Presented) The system of claim 32, wherein the container has a first dimension extending across the top of the load receiving space between the first walls, and a second dimension extending across the top of the load receiving space between the second walls, wherein each planar portion has a width extending between the first walls (Oakes as shown in figs 1-5), and wherein the width of each planar portion is such that, in the support position, the planar portions of both support members extend across an aggregate of 15% to 25% of the first dimension of the container (Reynolds as in figs 1-17). Though not required, the Office merely notes that it would have been obvious to one of ordinary skill in the art at the time of the invention to provide a specific range because it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges was an obvious extension of the prior teachings. In re Aller, 105 USPQ 233.
37. (New) The system of claim 26, wherein the urging member is a static urging member having a fixed position along the conveyor (the member is static for example if the entire device is not moving; furthermore the member is a “static urging member having a fixed position” such as when the elements attach without the user moving the elements).
38. (New) The system of claim 26, wherein the support member comprises a locating formation on the planar portion, wherein the locating formation is configured to cooperate with a corresponding formation on the further container (Reynolds discloses the above elements such as shown along 36, as in fig 3 for example where the formation is c-shape such as adjacent “40”).
39. (New) The system of claim 38, wherein the locating formation is in the form of an elongate C shaped raised member on the planar portion (Reynolds discloses the above elements such as shown along 36, as in fig 3 for example where the formation is c-shape such as adjacent “40”).
.
Claim(s) 35 is/are rejected under 35 U.S.C. 103 as being unpatentable over the Combined Reference as applied to claim 32 above, and further in view of Hisatoshi (JP 2009126574 A)
Oakes discloses wherein the container has a first dimension extending across the top of the load receiving space between the first walls, and a second dimension extending across the top of the load receiving space between the second walls, wherein each planar portion has a width extending between the first walls, and wherein the width of each planar portion is such that (as shown in figs 1-5), in the support position, and the Combined Reference discloses claim 35, as provided above. If there is any question to the above Histaoshi also discloses: planar portions of both support members extend across an aggregate of 15% to 25% of the first dimension of the container (fig 1). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the Combined Reference in view of Hisatsohi (by adjusting shape or replacing support to that with more surface area) in order to provide more surface area to provide additional support surfaces to stabilize the attachment. Though not required, the Office merely notes that it would have been obvious to one of ordinary skill in the art at the time of the invention to provide a specific range because it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges was an obvious extension of the prior teachings. In re Aller, 105 USPQ 233.
Response to Arguments
Applicant's arguments with respect to the claims have been considered but are moot because in view of the amendment the search has been updated and a new rejection has been made. Nevertheless, Applicant states that the prior art does not disclose does not disclose the newly added intended use of claim 1. The prior art for example is capable of moving the support member via contact with the urging member. The Office notes that the claim is to a system and not to a method of steps. A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW D PERREAULT whose telephone number is (571)270-5427. The examiner can normally be reached Monday - Friday 7:00am-5:30pm.
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/ANDREW D PERREAULT/Primary Examiner, Art Unit 3735
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