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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 07/20/2026 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) 28-33, 55, 56 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bosch (DE 10230524 A1) in view of King (4128284).
Bosch discloses:
28. A tray (figs 1-4) for storing and/or transporting goods, in particular plastic containers (capable of performing the above intended use), comprising two first side walls and two second side walls (side walls in fig 1 of 10, such as with 13s, 14s) and four corner elements (adjacent 25s, 26s), wherein the side walls are connected to the corner elements (as in figs 1-4), wherein the tray has a movable base (adjacent 12 and 24).
With the exception of the following which is disclosed by King: plug connections such that vertical displacement of the corner elements and the side walls relative to each other is prevented (connections in the corner elements such as adjacent 22, 20, 51, 53, 62, 69, 52). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify Bosch in view of King (by providing plug connections) in order to provide enhanced connection and removability such as if the user is desired to be taken down for storage purposes and/or replaced damaged features.
The Combined Reference discloses:
29. The tray according to claim 28, wherein the tray (20) has at least two crossmembers , wherein two opposing side walls are connected to the at least two crossmembers (such as adjacent 21 as in fig 2 of Bosch).
30. The tray according to claim 29, wherein the movable base rests on the crossmembers (fig 2 of Bosch).
31. The tray according to claim 28, wherein the movable base has projections on a periphery thereof for increasing stability (such as projections of base as in fig 2 that are located at ends adjacent “21” of Bosch).
32. The tray according to claim 31, wherein the projections can engage or be brought into engagement in corresponding recesses in the at least two crossmembers so that the movable base can be positioned in the tray (recessed are formed adjacent 21 and the corner, recess within L shape of Bosch).
33. The tray according to claim 28, wherein the plug connections are deformable or deformed for fixing the first and/or the second side walls to prevent unintentional release of the connections (device of secondary reference is plastic and would provide a degree of flex and deformation).
55. (New) The tray according to claim 28, wherein the plug-in connections are arranged in the corner elements and engage in corresponding openings in the side walls (as in figs 1-8 of the secondary reference).
56. (New) The tray according to claim 28, wherein an opening is provided in each of the corner elements (such as adjacent 51), into which opening a corresponding mating piece of the side walls can be bent (such as adjacent 52).
Claim(s) 34-35, 37-39 is/are rejected under 35 U.S.C. 103 as being unpatentable over the Combined Reference as applied to claim 28 above, and further in view of Applicant’s Admitted Prior Art (AAPA).
Applicant has not traversed Examiner’s assertion of Official Notice, the fact that is it well known to provide wherein recesses are provided in the crossmembers that can brought into engagement with the first side walls of a second tray arranged below a first tray during the stacking of a plurality of trays, wherein the second side walls of the tray have a support element and a support so that the support element of a second side wall of a first tray is arrangeable on the support of a second side wall of a second tray during the stacking of a plurality of trays, wherein the stack is arranged on a frame, wherein the frame is engaged with recesses of the crossmembers of a bottommost tray, wherein the stack is arranged on a frame, wherein the frame is engaged with the support elements of the second side walls of a bottommost tray, wherein the stack has a cover, wherein the cover rests on corresponding supports of the second side walls of an uppermost tray. is taken to be admitted prior art. Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made in view of Applicant's admitted prior art to provide wherein recesses are provided in the crossmembers that can brought into engagement with the first side walls of a second tray arranged below a first tray during the stacking of a plurality of trays, wherein the second side walls of the tray have a support element and a support so that the support element of a second side wall of a first tray is arrangeable on the support of a second side wall of a second tray during the stacking of a plurality of trays, wherein the stack is arranged on a frame, wherein the frame is engaged with recesses of the crossmembers of a bottommost tray, wherein the stack is arranged on a frame, wherein the frame is engaged with the support elements of the second side walls of a bottommost tray, wherein the stack has a cover, wherein the cover rests on corresponding supports of the second side walls of an uppermost tray in order to provide further enhanced attachment and removability to the device, while also improving storage of the device, while further protecting contents.
Potentially Allowable Subject Matter
Claim 36 objected to as being dependent upon a rejected base claim, but would be potentially allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims (with claims 28, 35, 36).
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, new prior art has been identified and a new rejection has been made.
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anthony Stashick can be reached at (571)272-4561. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANDREW D PERREAULT/Primary Examiner, Art Unit 3735
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