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 .
Election/Restrictions
The restriction requirement, as set forth in the Office action mailed on April 2, 2025, has been reconsidered and withdrawn. The withdrawn claims 16-20 are treated below.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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, 6-9, and 11-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yue (US Pat 9,333,842).
Regarding claim 1, Yue discloses a system for covering two or more containers, comprising: one or more corner components 314 configured to be positioned at corners of the two or more containers (see Figures 4-5; Col. 7, lines 22-52); one or more elongated components 31, 32, 35, 36 configured to be positioned between sides of the two or more containers, wherein each of the one or more elongated components 31, 32, 35, 36 includes two elongated edges, and wherein the elongated edges are configured to be positioned between the sides of the two or more containers (see Figures 4-5 and annotated Figure 5 below; Col. 7, line 65-Col. 8, line 12); one or more side supporting components 311, 321 positioned at the sides of the two or more containers (see Figures 4-5 and 11A; Col. 6, line 66-Col. 7, line 5; Col. 7, lines 53-59); wherein at least one of the one or more elongated component 312 is formed with a socket configured to accommodate an extension 311b of at least one of the one or more side supporting components 311 such that the at least one elongated component 312 and the at least one side supporting component 311 are securely connected (see Figure 4A; Col. 7, lines 22-41); wherein the one or more elongated components include a center cover 32, a first side cover 31, and a second side cover 35, wherein the first side cover 31 is connected to a first end of the center cover 32, wherein the second side cover 35 is connected to a second end of the center cover 32, and wherein the first end is opposite to the second end (see Figures 4-5 and 11A; Col. 7, lines 1-5; Col. 7, lines 53-59; Col. 11, lines 14-29). Yue is a tonneau cover used to cover a truck bed, or “container”, that holds cargo, or additional “containers”, making the tonneau cover system “a system for covering two or more containers”. The elongated edges are positioned between the sides of the truck bed, making them positioned between the sides of the containers.
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Regarding claim 2, Yue discloses the system of claim 1, wherein the one or more corner components 314 include a two-end corner component (see Figures 4-5; Col. 7, lines 22-52).
Regarding claim 6, Yue discloses the system of claim 1, wherein the first side cover 31 includes first connecting members 331, wherein the center cover 32 includes second connecting members 332, and wherein the center cover 32 and the first side cover 31 are connected by the first and second connecting members 331, 332 (see Figure 6; Col. 8, lines 38-56).
Regarding claim 7, Yue discloses the system of claim 6, wherein the first and second connecting members 331, 332 are positioned interposingly (see Figures 5-6; Col. 8, lines 38-56).
Regarding claim 8, Yue discloses the system of claim 1, wherein the first side cover 31 includes a protrusion 334, wherein the center cover 32 is formed with a recess 332b, and wherein the center cover 32 and the first side cover 31 are connected by positioning the protrusion 334 in the recess 332b (see Figures 5-6; Col. 9, lines 5-17).
Regarding claim 9, Yue discloses the system of claim 8, wherein the recess 332b is formed by a bottom partition 320 and a side partition 332 of the center cover 32 (see Figures 5-8; Col. 8, lines 38-67).
Regarding claim 11, Yue discloses the system of claim 1, wherein the one or more side supporting components 311 includes a fluid retaining component (see Figure 4A and annotated Figure 4A; Col. 7, lines 42-47).
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Regarding claim 12, Yue discloses the system of claim 1, wherein the one or more corner components 314 includes a center element and at least two external elements (see Figures 4-5; Col. 7, lines 22-52).
Regarding claim 13, as understood, Yue discloses the system of claim 1, wherein the one or more elongated components includes a center cover 32 and the side covers 31, 35 and wherein the center cover 32 and the side covers 31, 35 are integrally formed (see Figures 4-5; Col. 7, lines 11-21, 53-59). The center cover 32 and the side covers 31, 35 are connected by a living hinge 34, causing them to be integrally formed (see Col. 9, lines 33-50).
Claims 1-4, 6-7, 10, and 12-18 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yang (US Pat 5,590,974).
Regarding claim 1, Yang discloses a system for covering two or more containers, comprising: one or more corner components 10 configured to be positioned at corners of the two or more containers (see Figures 3-5; Col. 2, lines 34-41); one or more elongated components 40 configured to be positioned between sides of the two or more containers (see Figures 3-5; Col. 2, lines 54-59); one or more side supporting components 20 positioned at the sides of the two or more containers (see Figures 3-5; Col. 2, lines 34-41); wherein at least one of the one or more elongated component 40 is formed with a socket 43 configured to accommodate an extension 31 of at least one of the one or more side supporting components 20 such that the at least one elongated component 40 and the at least one side supporting component 20 are securely connected (see Figures 5-5A; Col. 2, lines 48-67); wherein the one or more elongated components 40 include a center cover, a first side cover, and a second side cover, wherein the first side cover is connected to a first end of the center cover, wherein the second side cover is connected to a second end of the center cover, and wherein the first end is opposite to the second end (see annotated Figure 5 below; Col. 2, lines 54-59). The shelving system of Yang contains items, making each shelf a container and because there are multiple levels of shelves, the upper shelves act as covers, as well as containers.
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Regarding claim 2, Yang discloses the system of claim 1, wherein the one or more corner components 10 include a two-end corner component (see Figure 3; Col. 2, lines 45-51). The corner component has six ends 11, which is more than two.
Regarding claim 3, Yang discloses the system of claim 1, wherein the one or more corner components 10 include a three-end corner component (see Figure 3; Col. 2, lines 45-51). The corner component has six ends 11, which is more than three.
Regarding claim 4, Yang discloses the system of claim 1, wherein the one or more corner components 10 include a four-end corner component (see Figure 3; Col. 2, lines 45-51). The corner component has six ends 11, which is more than four.
Regarding claim 6, Yang discloses the system of claim 1, wherein the first side cover includes first connecting members 41, wherein the center cover includes second connecting members 41 (see annotated Figure 5 above), and wherein the center cover and the first side cover are connected by the first and second connecting members 41 (see Figure 5 and annotated Figure 5 above; Col. 2, lines 54-67).
Regarding claim 7, Yang discloses the system of claim 6, wherein the first and second connecting members are positioned interposingly (see annotated Figure 5 above; Col. 2, lines 54-67).
Regarding claim 10, Yang discloses the system of claim 1, wherein the one or more side supporting components 20 includes an insert 30 configured to be positioned in a recess of the two or more containers (see Figure 3; Col. 2, lines 34-45).
Regarding claim 12, Yang discloses the system of claim 1, wherein the one or more corner components 10 includes a center element and at least two external elements 11 (see Figure 3; Col. 2, lines 34-41).
Regarding claim 13, Yang discloses the system of claim 1, wherein the one or more elongated components 40 includes a center cover and a side cover, and wherein the center cover and the side cover are integrally formed (see Figure 5 and annotated Figure 5 above). The center cover and side cover are essential to completeness of the system, making their formation integral to the system, or “integrally formed”.
Regarding claim 14, Yang discloses the system of claim 1, wherein the extension 31 of at least one of the one or more side supporting components 20 includes a rounded extension (see Figures 3-5A; Col. 2, lines 41-45). The extension 31 is cylindrical, making it rounded along its length.
Regarding claim 15, Yang discloses the system of claim 1, wherein the socket 43 includes a rounded socket (see Figures 3-5A; Col. 2, lines 60-67). The socket 43 is a round hole, making it a “rounded socket”.
Regarding claim 16, Yang discloses a combined container system, comprising: two or more containers; a cover system configured to connect and cover the two or more containers, wherein the cover system comprises: a corner component 10 configured to be positioned at a corner of the two or more containers (see Figures 3-5; Col. 2, lines 34-41); an elongated component 40 configured to be positioned between sides of the two or more containers (see Figures 3-5; Col. 2, lines 54-59); a side supporting component 20 positioned at one of the sides of the two or more containers (see Figures 3-5; Col. 2, lines 34-41); wherein the elongated component 40 is formed with a socket 43 configured to accommodate an extension 31 of the side supporting component 20 such that the elongated component 40 and the side supporting component 20 are securely connected (see Figures 5-5A; Col. 2, lines 48-67). The shelving system of Yang contains items, making each shelf a container and because there are multiple levels of shelves, the upper shelves act as covers, as well as containers.
Regarding claim 17, Yang discloses the system of claim 16, wherein the one or more elongated components 40 include a center cover and a side cover (see annotated Figure 5 below).
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Regarding claim 18, Yang discloses the system of claim 17, wherein the side cover includes first connecting members, wherein the center cover includes second connecting members (see annotated Figure 5 above), and wherein the center cover and the side cover are connected by the first and second connecting members (see Figure 5 and annotated Figure 5 above; Col. 2, lines 54-67), and wherein the first and second connecting members are positioned interposingly (see annotated Figure 5 above; Col. 2, lines 54-67).
Regarding claim 20, Yang discloses a method, comprising: positioning an elongated component 40 between sides of two or more containers (see Figures 3-5); securing the elongated component 40 to the two or more containers by inserting an extension 31 of a side supporting component 20 positioned on one of the sides of the two or more containers to a socket 43 of the elongated component 40 (see Figures 5-5A; Col. 2, lines 48-67); positioning a first corner component 10 at a first end of the elongated component 40; and positioning a second corner component 10 at a second end of the elongated component 40 (see Figures 3-5; Col. 2, lines 34-41). The shelving system of Yang contains items, making each shelf a container and because there are multiple levels of shelves, the upper shelves act as covers, as well as containers.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over Yue (US Pat 9,333,842) in view of Henderson (US Pat 6,634,691).
Regarding claim 16, Yue discloses a combined container system, comprising: a cover system configured to connect and cover two or more containers, comprising: one or more corner components 314 configured to be positioned at corners of the two or more containers (see Figures 4-5; Col. 7, lines 22-52); an elongated component 312 configured to be positioned between sides of the two or more containers; one or more side supporting components 311, 321 positioned at the sides of the two or more containers (see Figures 4-5; Col. 6, line 66-Col. 7, line 5; Col. 7, lines 53-59); wherein at least one of the one or more elongated component 312 is formed with a socket configured to accommodate an extension 311b of at least one of the one or more side supporting components 311 such that the at least one elongated component 312 and the at least one side supporting component 311 are securely connected (see Figure 4A; Col. 7, lines 22-41). Yue is a tonneau cover used to cover a truck bed, or “container”, that holds cargo, or additional “containers”, making the tonneau cover system “a system for covering two or more containers”.
Yue fails to disclose two or more containers.
Henderson discloses a cover system 208 for two or more containers 250 having two or more containers 250 (see Figure 5; Col. 4, lines 19-25), an elongated component 222 positioned between sides of the two or more containers 250 (see Figure 5; Col. 4, lines 15-18), a side supporting component 282 positioned at one of the sides of the container 250 (see Figures 5-6; Col. 4, lines 1-4), and a socket 286 formed in the elongated component 222 to accommodate an extension 289 of the side supporting component such that the elongated component 222 and the side supporting component 282 are securely connected (see Figures 5-6; Col. 4, lines 1-18). The storage bins 250 create a removable compartment within the open bed allowing items stored there to be organized and removed as a group when desired (see Col. 1, lines 47-51).
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed invention to construct the combined container system having two or more containers, with a reasonable expectation of success, to enable items stored in the container system to be organized and removed as a group when desired, as taught by Henderson.
Regarding claim 17, Yue, as modified by Henderson, discloses the system of claim 16, wherein the one or more elongated components includes a center cover 32 and the side covers 31, 35 (see Figures 4-5; Col. 7, lines 11-21, 53-59).
Regarding claim 18, Yue, as modified by Henderson, discloses the system of claim 17, wherein the first side cover 31 includes first connecting members 331, wherein the center cover 32 includes second connecting members 332, and wherein the center cover 32 and the first side cover 31 are connected by the first and second connecting members 331, 332 (see Figure 6; Col. 8, lines 38-56), and wherein the first and second connecting members 331, 332 are positioned interposingly (see Figures 5-6; Col. 8, lines 38-56).
Regarding claim 19, Yue, as modified by Henderson, discloses the system of claim 17, wherein the side cover 31 includes a protrusion 334, wherein the center cover 32 is formed with a recess 332b, and wherein the center cover 32 and the side cover 31 are connected by positioning the protrusion 334 in the recess 332b (see Figures 5-6; Col. 9, lines 5-17).
Regarding claim 20, Yue discloses a method, comprising: positioning an elongated component 31, 32, 35, 36 between sides of a container (see Figures 4-5 and 11A; Col. 6, line 66-Col. 7, line 5; Col. 7, lines 53-59); securing the elongated component 31, 32, 35, 36 to the two or more containers by inserting an extension 311b of a side supporting component 311 positioned on one of the sides of the two or more containers to a socket of the elongated component 32 (see Figure 4A; Col. 7, lines 22-41); positioning a first corner component 314 at a first end of the elongated component 31; and positioning a second corner component 314 at a second end of the elongated component 31 (see Figures 4-5; Col. 7, lines 22-41).
Yue fails to disclose two or more containers.
Henderson discloses a cover system 208 for two or more containers 250 having two or more containers 250 (see Figure 5; Col. 4, lines 19-25), an elongated component 222 positioned between sides of the two or more containers 250 (see Figure 5; Col. 4, lines 15-18), a side supporting component 282 positioned at one of the sides of the container 250 (see Figures 5-6; Col. 4, lines 1-4), and a socket 286 formed in the elongated component 222 to accommodate an extension 289 of the side supporting component such that the elongated component 222 and the side supporting component 282 are securely connected (see Figures 5-6; Col. 4, lines 1-18). The storage bins 250 create a removable compartment within the open bed allowing items stored there to be organized and removed as a group when desired (see Col. 1, lines 47-51).
It would have been obvious to one of ordinary skill in the art before the earliest effective filing date of the claimed method to position the elongated component between sides of two or more containers, with a reasonable expectation of success, to enable items stored in the container system to be organized and removed as a group when desired, as taught by Henderson.
Response to Arguments
Applicant's arguments filed June 3, 2026 have been fully considered, but they are not persuasive.
Applicant argues on pages 6-9 of Remarks, filed June 3, 2026, that Yang fails to disclose that each of the one or more elongated components includes two elongated edges that are configured to be positioned between sides of the two or more containers. While Examiner understands the differences between the claimed invention and Yang, Examiner respectfully disagrees with Applicant’s assertion. Yang discloses elongated edges along the edge of the elongated component and those edges are positioned on each shelf that holds and acts as a container; therefore, the edges are between the containers. Applicant additionally asserts that the elongated components of Yang are not elongated. Merriam-Webster defines “elongated” as: “long and slender: having a form notably long in comparison to its width”. The component of Yang is elongated in that the length or width is notably long in comparison to its thickness, making a cross section of the component elongated in both the x and y axes. The elongated component 40 holds, or contains, objects, meeting a definition of container (“one that contains”). Therefore, the rejection of claims 1-4, 6-7, 10, and 12-15 as being anticipated by Yang is maintained.
Applicant asserts on page 9 of Remarks, filed June 3, 2026, that Yue fails to disclose that the elongated components of Yue connect two containers. Examiner agrees with this assertion; however, the language presented in the independent claims does not require that the elongated components connect the containers. Therefore, the rejection of claims 1-2, 6-9, and 11-13 as being anticipated by Yue is maintained.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Grip et al. (US Pat 11,358,787) disclose a container having corner components and side supporting components. Brennan, Jr. (US Pat 10,501,260) discloses a system for two or more containers having corner components and side supporting components. Damsi (US Pat 8,172,477) discloses corner components for a system for covering containers. Zuidam et al. (US Pat 6,010,021) disclose a system for covering two or more containers having one or more corner components, one or more elongated components, and one or more side supporting components; however, Zuidam et al. fail to disclose the elongated components include a center cover, first side cover and second side cover. Rene (US Pat 6,102,228) discloses a system for covering two or more containers having one or more elongated components positioned between two sides of the two or more containers. Gearin et al. (US Pat 5,417,332) disclose a system for supporting two or more containers having corner components, elongated components and side supporting components. Johnson et al. (US Pat 11,384,529) disclose a system for covering a container having corner components, elongated components and side supporting components.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VERONICA M CONDO whose telephone number is (571)272-9415. The examiner can normally be reached Mon-Fri 8am-3pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amy Weisberg can be reached at (571) 270-5500. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/VERONICA M CONDO/Examiner, Art Unit 3612
/AMY R WEISBERG/Supervisory Patent Examiner, Art Unit 3612
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