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 .
Election/Restrictions
Applicant’s election without traverse of Group I, claims 28-39 in the reply filed on 10/22/2025 is acknowledged. Claims 40-53 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention there being no allowable generic or linking claim. Election was made without traverse in the reply filed on the above date.
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 34 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.
In claim 34, Applicant states “can brought” and Applicant fails to make clear Applicant’s intent.
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.
Claim(s) 28-34 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bosch (DE 10230524 A1) in view of Afferbach (US 20080272132 A1)
Bosch discloses:
28. (NEW) 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 Afferbach: plug connections (as shown in figs 1-16 including in fig 3b with 140 for example). 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 Afferbach (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. (NEW) 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. (NEW) The tray according to claim 29, wherein the movable base rests on the crossmembers (fig 2 of Bosch).
31. (NEW) 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. (NEW) 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. (NEW) The tray according to claim 28, wherein the plug connections are deformable or deformed for fixing the first and/or the second side walls (device of Afferbach is plastic and would provide a degree of flex and deformation).
34-35, 37-39, 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. The Office notes the 112 rejection above. Nevertheless, Official Notice is taken, that it is old and conventional 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. Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made in view of the Official Notice 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).
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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