DETAILED ACTION
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 4-5 and 14 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.
Re. Cl. 4, the limitation “the first structure component surrounds the first side and the second side of the enclosure” renders the claim indefinite in the Examiner’s position. It is the Examiner’s understanding the first structure component is supported inside the first and second side of the enclosure component as illustrated in Figs. 9-12 for instance. In other words, it appears as if the enclosure component surrounds the first structure component or the opposite of what is claimed, thereby rendering the claim indefinite. Further, Applicant’s specification does not make it abundantly clear which structures perform the surrounding between the structure and enclosure components. Therefore, the claim is indefinite in the Examiner’s position and appropriate clarification is requested.
Re. Cl. 14, the limitation “first section” and “second section” render the claim indefinite since it is unclear what specific structure the Applicant is intending to refer to. Applicant’s specification does not make it clear which parts are being referred to and the term “section” is sufficiently broad to read on a variety of different parts. Therefore, the limitation is indefinite in the Examiner’s position and appropriate clarification is requested.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: the first and second clamping elements in claim 11 and the first and second locking elements in claim 13.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. Applicant defines the locking/clamping elements as fasteners.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 1-2 and 4-5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gelmett US 5494160 (hereinafter Gelmett).
PNG
media_image1.png
534
899
media_image1.png
Greyscale
Re. Cl. 1, Gelmett discloses: A package (Fig. 1) adapted for use with an uncrewed aerial vehicle (UAV) (see Fig. 1, by having handles 3, the package is adapted for use with a UAV having a grasping mechanism compatible with 3), the package comprising: a hanger (see Fig. 1) including: a base (see annotated figure 3), and a handle extending up from the base (see 3, Fig. 3), the handle including a handle opening (see annotated figure 3) and a bridge (see annotated figure 3) that extends over the handle opening, wherein the bridge is configured to be secured by a component of the UAV (see Fig. 3, by having the open space under the bridge, the bridge is configured to be secured by an appropriately sized/shaped component of a UAV); an enclosure component (11, Fig. 3) formed of a flexible first material (see Fig. 3, flexible as shown folding into and out of position to surround 2) and defining an enclosed interior space for holding a payload (see Fig. 3, where 2 is located), the enclosure including a first side (see annotated figure 3) having an upper end attached to the base of the hanger and a lower end, a second side (see annotated figure 3) opposite the first side and having an upper end and a lower end, and a bottom extending from the lower end of the first side to a lower end of the second side (see annotated figure 3); and a first structure component (5, Fig. 4) formed of a second material and having a predetermined shape (see Fig. 3), the first structure component being secured to the enclosure component and defining at least a portion of a shape of the package (see Fig. 1).
Re. Cl. 2, Gelmett discloses: the first structure component is positioned adjacent to the bottom of the enclosure component (see Fig. 1, outside the bottom of 11, thus being adjacent to it).
Re. Cl. 4, Gelmett discloses: the first structure component surrounds the first side and the second side of the enclosure component (see Fig. 1).
Re. Cl. 5, Gelmett discloses: a second structure component (16, Fig. 3) that is positioned adjacent to the bottom of the enclosure component (see Fig. 1, as being inside 11, thus being adjacent to or close to the bottom).
Claims 8 and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Pitchford US 4832393 (hereinafter Pitchford).
Re. Cl. 8, Pitchford discloses: A package (Fig. 1) adapted for use with an uncrewed aerial vehicle (UAV) (see Fig. 1, by having 24, the package is adapted to be used with a UAV), the package comprising: a hanger (Fig. 2) including: a base (20, Fig. 2), and a handle (32, 24, Fig. 2) extending up from the base (see Fig. 2), the handle including a handle opening (between 24 and 22, Fig 2) and a bridge (24, Fig. 3) that extends over the handle opening (see Fig. 2), wherein the bridge is configured to be secured by a component of the UAV (see Fig. 2, configured to be secured by a component of a UAV by being spaced from 22); a container component (12 or bags of fertilizer as discussed in Col. 7, Lines 38-45) formed of a first material and defining a space for holding a payload (see Fig. 1 or Col. 7, Lines 38-45, the bag would define a space for the payload/fertilizer); and a structural loop (14, Fig. 2) component formed of a second material and including :a first side having an upper end that is suspended from the base of the hanger (see end attached to 28, Fig. 2) and a lower end (see Fig. 2), a second side opposite the first side (side which lies on opposite side of 12 which connects with 26) and having an upper end and a lower end (see Fig. 2), and a bottom (portion of 14 which extends on the bottom of 12) extending from the lower end of the first side to a lower end of the second side (see Fig. 1), wherein the structural loop supports the container component (see Fig. 1).
Re. Cl. 10, Pitchford discloses: the container component includes a vessel having a predefined shape (see Fig. 1).
Claims 11-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Rosler US 2002/0060276 (hereinafter Rosler).
Re. Cl. 11, Rosler discloses: A package (Fig. 2) adapted for use with an uncrewed aerial vehicle (UAV) (by having 3, the package is adapted for use with a UAV), the package comprising: a hanger (2, Fig. 1) including: a base (4, Fig. 1), and a handle (3, Fig. 1) extending up from the base, the handle including a handle opening (see Fig. 1, where 3 points to) and a bridge (portion of 2 located directly over 3, Fig. 1) that extends over the handle opening (see Fig. 1), wherein the bridge is configured to be secured by a component of the UAV (see Fig. 1, the bridge is configured to be secured by a component of a UAV passing through 3); an enclosure component (16, Fig. 2) formed of a flexible first material (see Fig. 2) and defining an enclosed interior space for holding a payload (see interior of 16, Fig. 2), the enclosure including a first side having an upper end and a lower end (see Fig. 2, left side of 16), a second side opposite the first side (right side of 16, Fig. 2) and having an upper end and a lower end, and a bottom (lower horizontal portion of 16, Fig. 2) extending from the lower end of the first side to a lower end of the second side (see Fig. 2); a first clamping element formed of a second material (9, Fig. 1) and fixedly attached to the base of the hanger (see Fig. 1); and a second clamping element (12, Fig. 1) configured to cooperate with the first clamping element so as to hold a portion of the enclosure component between the first clamping element and the second clamping element (see Fig. 2).
Re. Cl. 12, Rosler discloses: the first clamping element is hingedly attached to the second clamping element (see Fig. 1 at 10).
Re. Cl. 13, Rosler discloses: the first clamping element includes a first locking component and the second clamping element includes a second locking component configured to couple to the first locking component (see Fig. 1-3).
Re. Cl. 14, Rosler discloses: the hanger includes a first section (7, Fig. 1) attached to the first clamping element and a second section (11, Fig. 1) attached to the second clamping element.
Claims 15-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tan US 2021/0114775 (hereinafter Tan).
Re. Cl. 15, Tan discloses: A package (Fig. 1) adapted for use with an uncrewed aerial vehicle (UAV) (see Fig. 1, by having 27, 28, the package is adapted for use with a UAV), the package comprising: a container (20, Fig. 1) including: a first portion (21, Fig. 1) having an interior side, an exterior side, and a first edge (31, Fig. 1), and a second portion (22, Fig. 2) having an interior side configured to face the interior side of the first portion so as to form an interior space for receiving a payload (see Fig. 1-2), an exterior side, and a second edge (32, Fig. 1-2) configured to mate with the first edge of the first portion so as to enclose the interior space (see Fig. 6); and a hanger (27, Fig. 1) including: a base (see Fig. 3, bottom portion which secures 27 to 21) secured to the first portion of the container (see Fig. 3), and a handle (27, Fig. 3) extending up from the base, the handle including a handle opening (between 27 and 31, Fig. 3) and a bridge (horizontal portion of the U-shaped handle 27) that extends over the handle opening (see Fig. 3), wherein the bridge is configured to be secured by a component of the UAV (see Fig. 3, by being spaced from 31, the bridge is configured to be secured by an appropriately shaped component of the UAV).
Re. Cl. 16, Tan discloses: the first portion of the container is hingedly attached to the second portion of the container (see Fig. 1-6, both are hingedly connected to 26 to move between the open configuration (Figs. 1-5) and the closed configuration (Fig. 6)).
Re. Cl. 17, Tan discloses: the container includes a third portion disposed between the first portion and the second portion (26, Fig. 1).
Re. Cl. 18, Tan discloses: the first portion of the container is configured as a lid and the handle of the hanger extends through the lid (see Fig. 1, 21 would form a lid or top when the bag 20 is laid so that it rests on a surface with 22 on the surface, the handle 27 extends through the lid and is secured on its inside).
Re. Cl. 19, Tan discloses: a cap (30, Fig. 1) configured to extend around part of the first portion and second portion of the container so as to assist in holding the container closed (see Fig. 7).
Re. Cl. 20, Tan discloses: the cap includes an aperture (45, 46, Fig. 5) configured to receive the hanger (see Fig. 5-7).
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.
Claims 1-3 and 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Shannon US 2018/0072418 (hereinafter Shannon) in view of Willard US 4819793 (hereinafter Willard).
Re. Cl. 1, Shannon discloses: A package (510 Fig. 5a) adapted for use with an uncrewed aerial vehicle (UAV) (see Fig. 5a), the package comprising: a hanger (see Fig. 11) including: a base (515, Fig. 11), and a handle (511, Fig. 11) extending up from the base (see Fig. 11), the handle including a handle opening (513, Fig. 11) and a bridge (see Fig. 11, portion of 511 directly over 513) that extends over the handle opening, wherein the bridge is configured to be secured by a component of the UAV (see Fig. 5a and 11); an enclosure component (510, Fig. 5a) formed of a flexible first material (Paragraph 0134, cardboard, plastic) and defining an enclosed interior space for holding a payload (see Fig. 5a), the enclosure including a first side (left side, Fig. 5a of 510) having an upper end attached to the base of the hanger and a lower end, a second side (right side of 510 see Fig. 5a) opposite the first side and having an upper end and a lower end, and a bottom extending from the lower end of the first side to a lower end of the second side (see Fig. 5a, bottom of 510).
Re. Cl. 7, Shannon discloses: the hanger further includes holes (514, 516 Fig. 11) configured to receive locking pins for holding the package (see Fig. 5a), wherein the holes are disposed on opposing sides of the handle opening (see Fig. 11).
Re. Cls. 1-3 and 6, Shannon does not disclose and a first structure component formed of a second material and having a predetermined shape, the first structure component being secured to the enclosure component and defining at least a portion of a shape of the package (Cl. 1), the first structure component is positioned adjacent to the bottom of the enclosure component (Cl. 2), the first structure component is shaped to include at least two receptacles for holding objects (Cl. 3), or an insulating layer adjacent to the bottom of the enclosure component (Cl. 6). Willard discloses a package (Fig. 1) which includes an enclosure component (10) and a first structure component (22, Fig. 1-2) formed of a second material and having a predetermined shape (see Fig. 1-2), the first structure component being secured to the enclosure component and defining at least a portion of a shape of the package (see Fig. 1-2, to receive containers shown); the first structure component is positioned adjacent to the bottom of the enclosure component (see Fig. 1-2, adjacent bottom 14); the first structure component is shaped to include at least two receptacles for holding objects (see Fig. 1-2, receptacles for holding multiple bottles as shown); an insulating layer adjacent to the bottom of the enclosure component (42, Fig. 4).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the Shannon enclosure component to have a first structure component/insulating layer as disclosed by Willard with reasonable expectation of success since Willard states that such a modification enables support for beverages which are often glass preventing breakage (Col. 4, Lines 21-25) and provides a means for cooling the beverages (Col. 4, Lines 48-52). Such a modification would be advantageous in instances where perishable or cooled drinks were needed to be transported by keeping them cool and unbroken during transport.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Pitchford in view of Meeh US 3771752 (hereinafter Meeh).
Re. Cl. 9, Pitchford discloses: the container component is a bag (Col. 7, Lines 38-45) but does not specify what the bag is made out of. Meeh discloses that it known to prepare fertilizer in a flexible bag to make them amendable for industrial purposes (Col. 1, Lines 30-33).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the bag of fertilizer of Pitchford from flexible material as disclosed by Meeh with reasonable expectation of success since Meeh states that such a configuration is how fertilizers are typically marketed (Col. 1, Lines 30-33).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Engle US 3493154, Francario US 2004/0164575, Jacoubs US 6244444, and Tupper US 3220626 disclose other known packages which are presented to the Applicant for their consideration.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER E GARFT whose telephone number is (571)270-1171. The examiner can normally be reached Monday-Friday 8:00 a.m. to 5:00 p.m..
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Terrell McKinnon can be reached at (571)272-4797. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/CHRISTOPHER GARFT/Primary Examiner, Art Unit 3632
Prosecution Insights