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 .
The amendments filed 5/18/2026 have been entered.
Specification
The disclosure is objected to because of the following informalities: language alternates between “centre line” and “centreline” but appear to refer to the same element.
Appropriate correction is required.
Claim Objections
Claim 1 is objected to because of the following informalities: language alternates between “centre line” and “centreline” but appear to refer to the same element. Appropriate correction is required.
Claim 6 is objected to because of the following informalities: awkward grammar in the preamble “comprises having”. 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 1-11 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 recites the limitation "the four corners". There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "the centre line of at least one pair of corner posts". There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "the width". There is insufficient antecedent basis for this limitation in the claim.
Claim 2 recites the limitation "the width". There is insufficient antecedent basis for this limitation in the claim.
Claim 3 recites the limitation "the same material". There is insufficient antecedent basis for this limitation in the claim.
Claim 5 recites the limitation "the width". There is insufficient antecedent basis for this limitation in the claim.
Claim 6 recites the limitation "the four corners" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 6 recites the limitation "the distance between the centreline" in line 6. There is insufficient antecedent basis for this limitation in the claim.
Claim 6 recites the limitation "the corner posts pairs" in line 7. There is insufficient antecedent basis for this limitation in the claim.
Claim 6 recites the limitation "the facing peripheries" in line 9. There is insufficient antecedent basis for this limitation in the claim.
Claim 6 recites the limitation "a freight container having the predetermined distance" in line 10. It is unclear whether this refers to the freight container of the preamble, or to another new/additional freight container. For the purposes of examination, the limitation will be interpreted as referring to a new/additional freight container.
Claim 6 recites the limitation "the predetermined distance between the corner posts of the container" in lines 10-11. There is insufficient antecedent basis for this limitation in the claim.
Claim 6 recites the limitation "the width" in line 13. There is insufficient antecedent basis for this limitation in the claim.
Claim 7 recites the limitation "the material". There is insufficient antecedent basis for this limitation in the claim.
Claim 7 recites the limitation "the mediate post". It is unclear which mediate post is being referred to as “the mediate post”.
Claim 9 recites the limitation "the same or longer length" in line 6. There is insufficient antecedent basis for this limitation in the claim.
Claim 10 recites the limitation "the mediate posts". It is unclear which mediate posts are being referred to as “the mediate posts”.
Claim 10 recites the limitation "the pair of mediate posts". It is unclear which pair of mediate posts are being referred to as “the pair of mediate posts”.
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.
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.
Claim(s) 1-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent No. 3,646,609 (Bodenheimer et al. hereinafter) in view of US Patent No. 6,016,634 (Sayer hereinafter).
In re claim 1, with reference to Figs. 1, 2, 5,6 and 8a-8g, Bodenheimer et al. discloses: A freight container system, comprising a group of freight containers (10, 35), each container of the system comprises a first side (12), a second side (12), a third side (14), and a fourth side (16), each side being at an angle of 90 degrees to an adjacent side (see Figs. 1-4), wherein the four corners of the freight containers have corner posts (22), wherein the corner posts are parallel to each other, wherein the group of freight containers comprise a first type container (35), wherein the first type container has a distance from one corner post centre line to a second corner post centreline being a predetermined distance along a respective parallel side of the first type container (See Fig. 8f), wherein the group of containers comprises a second type of container (10) comprising one or more pairs of mediate posts (26), wherein the second type container comprises a distance from the centre line of at least one first pair of corner posts and/or a first pair of mediate posts to a centreline of a second pair of mediate post and/or a second pair of corner posts being equal to or larger than the predetermined distance (mediate post distance of 10 is equal to corner post distance of 35, corner post distance of 10 is larger than corner post distance of 35, see Figs 8f below), and wherein each mediate post of the one or more pairs of mediate posts comprises dual attachment fittings configured to simultaneously receive two separate corner posts (fittings 28/30 at have attachment fittings at the top and bottom of each post, see fig. 8a, thereby providing “dual” attachment fittings as claimed).
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Bodenheimer et al. discloses wherein the mediate posts (26) are wider than the corner posts (at 22 in Fig. 5 above), but fails to disclose wherein the one or more pairs of mediate posts are at least double the width of the corner posts to permit a single mediate post to be attached to a first corner post of a first of the first type container and a second corner post of a second of the first type container.
However, with reference to Fig. 1, Sayer discloses a freight container system (10) wherein one pair of mediate posts are at least double the width of the corner posts to permit a single mediate post to be attached to a first corner post of a first of the first type container and a second corner post of a second of the first type container.
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Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to have modified the mediate posts of Bodenheimer et al. to have been twice the width of the corner posts as taught by Sayer for the purposes of facilitating stacking by increasing the number of attachable load points of the container to achieve various stacking configurations (Sayer, column 6, lines 20-25).
It has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed (i.e. “to permit a single mediate post to be attached to a first corner post of a first of the first type container and a second corner post of a second of the first type container“) does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. See MPEP 2114, II. Note that the double post width of the combination “permits” attaching to two corner/end posts of different first type containers end to end.
In re claim 2, with reference to the Figs. noted above, Bodenheimer et al. in view of Sayer as applied above discloses: A freight container system, wherein when a first type container (35) is positioned on top a second type container (10) a first pair of corner posts (22) of the first type container are positioned in line with a pair of mediate posts (26) of the second type of container, and a second pair of corner posts of the first type container are [be] in contact with a further pair of mediate posts (26) of the second type container (See Fig. 8f above), and wherein the pair of mediate posts are at least double the width of the corner posts to permit a single mediate post to be attached to a first corner post of a first of the first type container and a second corner post of a second of the first type container, and wherein each mediate post of the pair of mediate posts comprises dual attachment fittings configured to simultaneously receive two separate corner posts (as in re claim 1 above).
It has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed (i.e. “to permit a single mediate post to be attached to a first corner post of a first of the first type container and a second corner post of a second of the first type container“) does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. See MPEP 2114, II.
In re claim 3, with reference to the Figs. noted above, Bodenheimer et al. in view of Sayer discloses the claimed invention including wherein each mediate post (26) of the second type container is arranged such that it is able to be loaded with higher load than a corner post of the said first type container and/or a corner post of the second type container, wherein the mediate post is configured to hold a higher load by increased dimension of the mediate post with the same material as compared with a corner post (see Fig. 5, mediate posts 26 are wider than corner posts 22).
In re claim 4, with reference to the Figs. noted above, Bodenheimer et al. in view of Sayer discloses the claimed invention including wherein each mediate post of each second type container has a horizontal width in a first direction, that exceeds the width of a corner post of any of the containers in the container system (i.e. other containers 10), wherein the first direction is the same direction as a line drawn between two corner posts and extending through at least one mediate post of the second type container (see greater width of mediate posts 26, as in re claim 3 above).
In re claim 5, with reference to the Figs. noted above, Bodenheimer et al. in view of Sayer discloses the claimed invention including wherein the width of any container of the system is the same (see figs. 3 and 4).
In re claim 6, with reference to the Figs. noted above, Bodenheimer et al. in view of Sayer discloses: A freight container, wherein the freight container comprises having a first side, a second side, a third side, and a fourth side, an over side (13), an underside (18), each side being at an angle of 90 degrees to an adjacent side, wherein the four corners of the container have corner posts, wherein the corner posts are parallel to each other (as in re claim 1 above), the freight container further comprises at least one pair of mediate posts (26), wherein the mediate posts are positioned between the corner posts (22), wherein the distance between the centreline of a pair of mediate posts to a centreline of at least one of the corner posts pairs and/or to a further pair of mediate posts is larger than a predetermined distance (See Figs. 1 and 8f above), further the predetermined distance is not as small as a distance between the facing peripheries of two adjacent mediate posts and/or corner posts wherein a freight container having the predetermined distance between the corner posts of the container is configured to be supported by the pair of mediate posts and a further pair of mediate posts, (See fig. 8f above), and wherein the at least one pair of mediate posts are at least double the width of the corner posts to permit a single mediate post to be attached to a first corner post of a first container and a second corner post of a second, different container, and wherein each mediate post of the at least one pair of mediate posts comprises dual attachment fittings configured to simultaneously receive two separate corner posts (as in re claim 1 above).
It has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed (i.e. “to permit a single mediate post to be attached to a first corner post of a first of the first type container and a second corner post of a second of the first type container“) does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. See MPEP 2114, II.
In re claim 7, with reference to the Figs. noted above, Bodenheimer et al. in view of Sayer discloses the claimed invention including wherein each mediate post of the second type container is arranged such that it is able to be loaded with higher load than a corner post of the said first type container or a corner post of the second type container, wherein the mediate post is configured to hold higher load by increased dimension of the material of the mediate post compared with the material as compared with a corner post (as in re claim 3 above).
In re claim 8, with reference to the Figs. noted above, Bodenheimer et al. in view of Sayer discloses the claimed invention including wherein each mediate post of the container has a horizontal width in a first direction, that exceeds the width of a corner post of the container, wherein the first direction is the same direction as a line drawn between two corner posts and extending through at least one mediate post of the container (as in re claim 3 above).
In re claim 9, with reference to the Figs. noted above, Bodenheimer et al. in view of Sayer discloses the claimed invention including wherein the predetermined distance is arranged such that any ISO-container can be loaded on top of the container, as long as the container has the same or longer length than the ISO-container that is to be loaded on the container (any ISO container can be placed upon the containers of Bodenheminer et al., as Applicant has not specified any alignment or engagement of corner/mediate posts).
In re claim 10, with reference to the Figs. noted above, Bodenheimer et al. in view of Sayer discloses the claimed invention including wherein the mediate posts are positioned between the corner posts on a respective long side, wherein the distances between the centrelines of the pair of mediate posts to the centrelines of at least one of the corner post pairs on a respective side as the respective mediate posts and/or to the further pair of mediate posts on the same long side are larger than the predetermined distance, further the predetermined distance is not as small as the distance between the facing peripheries of two adjacent mediate posts on the same long side and/or corner posts on the same long side.
In re claim 11, with reference to the Figs. noted above, Bodenheimer et al. in view of Sayer discloses the claimed invention including an over side (13) and an underside (18).
Response to Arguments
Applicant's arguments filed 5/18/2026 have been fully considered but they are moot in view of the new grounds of rejection necessitated by the amendment.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW T KIRSCH whose telephone number is (571)270-5723. The examiner can normally be reached Mon-Fri, 9a-5p EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathan Jenness can be reached at 571-270-5055. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANDREW T KIRSCH/Primary Examiner, Art Unit 3733
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