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 .
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 39, 40, 43 and 44 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. For claim 39, “the rib of the pin” lacks antecedent basis. Note: the ribbed pin is first claimed in claim 38. For claim 44, “the pin” lacks antecedent basis.
Claim Rejections - 35 USC § 102
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.
Claims 25, 31-33, and 35-37 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Carter et al (2012/0285851). Carter teaches a top frame (Fig. 1) for use in a pallet assembly to stabilize articles held on a pallet, the top frame comprising: a first top frame member (top member of 58) including first mechanical connection units (152,154); a second top frame member (bottom member of 58) including second mechanical connection units (152,154), the second top frame member being configured to be secured to the first top frame member with the first mechanical connection units connected to the second mechanical connection units (Fig. 11); the first mechanical connection units comprising a first male snap-latching connector element (154) and a first female snap-latching connector element (152), and the second mechanical units including a second male snap-latching connector element (154) and a second female snap-latching connector element (152), the first male snap-latching connector element being constructed to latch with the second female snap-latching connector element, and the first female snap-latching connector element being constructed to latch with the second male snap-latching connector element when the first and second top frame members are pushed together to form the top frame, the first male snap-latching connector element and the second female snap-latching connector element, and the first female snap-latching connector element and the second male snap-latching connector element being sized and shaped so that upon snap-latching inter-engagement thereof, the first top frame member and the second top frame member are held in engagement with each other at locations remote from the first and second mechanical connection units (Fig. 11; including along 100 and 70). Wherein the first top frame member and the second top frame member are each formed as one piece of material. Wherein each of the first top frame member and the second top frame member are molded from a polymeric material (paragraph 0016). Wherein the first top frame member and the second top frame member have the identical construction. Wherein each of the first top frame member and the second top frame member has an exterior surface including a flat surface and an interior surface formed by ribbing (Figs. 10 & 15). Wherein the first and second top frame members are free of welded interconnection. Wherein each of the first top frame member and second top frame member are formed with stacking structure (188,198; Fig. 14) for interconnection with another top frame of the same construction.
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.
Claims 38-40 and 43 are rejected under 35 U.S.C. 103 as being unpatentable Carter et al (2012/0285851) in view of Cubbison (6,419,046). As stated above, Carter teaches the limitations of claim 25, including first and second top frame members. Carter further teaches that the first top frame member includes a pin (176) and the second top frame member includes a socket (162) receiving the pin. For claims 38-40 and 43, Carter fails to teach that the pin include an axially extending rib, the rib of the pin and the socket being engaged in an interference fit. Cubbison teaches a member (20) that includes at least one axially extending outer rib (21,22) that is insertable with an interference fit into a socket (14). Wherein the rib of the pin is a crush rib (21, 22) constructed to be crushed upon insertion into the socket thereby to form the interference fit (column 3, lines 8-18 of Cubbison). There is also a plurality of axially extending ribs on the pin. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the top frame of Carter, by adding a rib(s), such as is taught by Cubbison, on the pin of the first top frame member, to provide a more secure connection between the pin(s) and socket of the frame members.
Claim 41 is rejected under 35 U.S.C. 103 as being unpatentable over Carter et al (2012/0285851) in view of Frankenberg (2014/0231429). As stated above, Carter teaches the limitations of claim 25, including a top frame with first and second frame members. For claim 41, Carter fails to teach first and second top frame members including aligned channels for receiving strapping applied to the pallet, articles held by the pallet and the top frame. Frankenberg teaches a frame member (16) including aligned channels (24) for receiving strapping applied to the pallet, articles held by the pallet and the top frame. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the top frame of Carter by adding aligned channels, such as is taught by Frankenberg, on the frame members, for the advantage stated above.
Claim 44 is rejected under 35 U.S.C. 103 as being unpatentable Carter et al (2012/0285851) in view of Frankenberg (2014/0231429), as stated above, and further in view of Cubbison (6,419,046). As stated above, Carter in view of Frankenberg teaches the limitations of claim 41, including first and second top frame members. Carter further teaches that the first top frame member includes a pin (176) and the second top frame member includes a socket (162) receiving the pin. For claim 44, Carter in view of Frankenberg fails to teach that the pin include an axially extending rib, the rib of the pin and the socket being engaged in an interference fit. Cubbison teaches a member (20) that includes at least one axially extending outer rib (21,22) that is insertable with an interference fit into a socket (14). Wherein the rib of the pin is a crush rib (21, 22) constructed to be crushed upon insertion into the socket thereby to form the interference fit (column 3, lines 8-18 of Cubbison). There is also a plurality of axially extending ribs on the pin. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the top frame of Carter in view of Frankenberg, by adding ribs, such as is taught by Cubbison, on the pin of the first top frame member, to provide a more secure connection between the pin and socket of the frame members.
Claim 42 is rejected under 35 U.S.C. 103 as being unpatentable Carter et al (2012/0285851) in view of Cubbison (6,419,046). Carter teaches a top frame member (top member of 58) for use in forming a top frame configured for use in a pallet assembly to stabilize articles held on a pallet, the top frame member comprising: a generally rectangular frame (Fig. 15) having an exterior including a flat surface (58u), and an interior including ribbing (Fig. 10) supporting the flat surface; mechanical connections (152,154) arranged around the frame and configured for snap together mating with mechanical connections of another top frame member of identical construction to form a top frame; at least one pin (176) fixedly connected to the frame and projecting from the interior of the frame, and at least one socket (162) fixedly connected to the frame and projecting from the interior of the frame, the socket being configured to receive a pin of the other top frame member. For claim 42, Carter fails to teach that the pin includes an axially extending rib, the rib of the pin and the socket being engageable in an interference fit. Cubbison teaches a member (20) that includes at least one axially extending outer rib (21,22) that is insertable with an interference fit into a socket (14). Wherein the rib of the pin is a crush rib (21, 22) constructed to be crushed upon insertion into the socket thereby to form the interference fit (column 3, lines 8-18 of Cubbison). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the top frame of Carter, by adding a rib, such as is taught by Cubbison, on the pin of the first top frame member, to provide a more secure connection between the pin and socket of the frame members. The interference fit with the rib of the pin of the top frame member and the other top frame member resisting withdrawal of the pin from the socket.
Allowable Subject Matter
Claims 26-30 and 34 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant’s arguments, filed March 31, 2026, with respect to the rejections of the
claims under Fan (2004/0025757), in combination, have been fully considered and are persuasive. Therefore, the rejections have been withdrawn. However, upon further consideration, new grounds of rejection are made in view of Carter et al (2012/0285851), alone and in combination. See art rejections above.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JANET M WILKENS whose telephone number is 571-272-6869. The examiner can normally be reached Mon thru Thurs 7am-5:30pm EST.
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Wilkens
May 19, 2026
/JANET M WILKENS/ Primary Examiner, Art Unit 3637
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