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 .
Information Disclosure Statement
The information disclosure statement filed 2/2/2026 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. It has been placed in the application file, but the information referred to therein has not been considered. Please provide a legible copy of the materials downloaded from shockguard.net in the NPL portion.
Claim Objections
Claims 8, 14, and 18 are objected to because of the following informalities: inconsistent terminology. The limitation of the edge guards comprising one or more “glide rails” is not consistent with the terminology used in the specification. The specification refers to the “glide rails” as just “rails”. The applicant should make clear the intended terminology. Appropriate correction is required.
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 1 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Bullock (US Patent 8979449 B2), henceforth Bullock '449, in view of Unander (US Patent Application 2011/0033258 A1) and Marino (US Patent 4436466).
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Figure 1 from Bullock ‘449
Regarding claim 1, Bullock ‘449 discloses a method of securing cargo in a cargo container (Fig. 1; Abstract; Col. 1, Ln. 33-62), the method comprising:
affixing a first attachment region (end 107a, Fig. 1) of a first load restraint strip (strip 106a, Fig. 1) to a first interior wall (side wall 102R, Fig. 1) of the cargo container (shipping container 101, Fig. 1; Col. 1, Ln. 41-44);
affixing a second attachment region (107, not seen explicitly in Fig. 1; Col. 1, Ln. 49-55) of a second load restraint strip (strip 106b, Fig. 1) to a second interior wall (side wall 102L, Fig. 1) of the cargo container (Col. 1, Ln. 49-53);
loading cargo units (crates 104, Fig. 1) in the cargo container (shipping container 101, Fig. 1), wherein the loaded cargo units are stacked to a width of at least four cargo units (as seen in provided annotated Fig. 1 above);
Bullock ‘449 discloses the method but does not explicitly teach
the loaded cargo units are stacked to a height of at least four cargo units;
Unander discloses a similar method of securing cargo in a cargo container (Abstract), wherein
the loaded cargo units are stacked to a height of at least four cargo units (as shown in an embodiment in Fig. 2 provided below).
Bullock ‘449 discloses a cargo stack of a height of 2 (as seen in Fig. 1). It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the claimed invention to have incorporated such a stacking system of a height of at least 4 as shown in Unander, in order to maximize stacking efficiency and thus shipping efficiency.
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Figure 2 from Unander
Bullock ‘449 discloses the method of securing the cargo, but lacks the following steps:
placing a cargo restraint panel adjacent to the loaded cargo units,
wherein the cargo restraint panel comprises a base panel formed from a polymer material,
the base panel comprising a first sheet integrally joined to a second sheet by corrugations to form a unitary, integral structure of the base panel,
wherein the first sheet includes a first major surface facing the loaded cargo units and the second sheet includes a second major surface facing away from the loaded cargo units;
after placing the cargo restraint panel, wrapping a first tail of the first load restraint strip and a second tail of the second load restraint strip across the second major surface of the cargo restraint panel; and securing the wrapped first tail to the wrapped second tail.
Marino discloses restraint strips (loading strap 20, Fig. 2) that wrap around a cargo restraint panel (panel 12, Fig. 2), and teaches the following steps:
placing a cargo restraint panel (panel 12, Fig. 2) adjacent to the loaded cargo units (load L, Fig. 2),
wherein the cargo restraint panel (panel 12, Fig. 2) comprises a base panel (panel 12, Fig. 2).
It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to have modified the cargo securing method of Bullock ‘449 to have both the cargo restraint panel and restraint straps that wrap around the panel, as taught in Marino. One of ordinary skill in the art would have been motivated to combine these structures in order to add extra security to the cargo, where the panel spreads the contact pressure of the load over a large area, the straps reinforce and support the panel, and thus the cargo as well (Marino, Col. 1, Ln. 61-68; Col. 2, Ln. 1-3).
Bullock ‘449, as modified, lacks the specifics of the panel.
Unander discloses the following missing structure and characteristics not taught by Bullock ‘449, as modified, involving the cargo restraint panel,
a base panel (shroud 18, Fig. 2) formed from a polymer material (Paragraph [0032]),
the base panel comprising a first sheet integrally joined to a second sheet by corrugations to form a unitary, integral structure of the base panel (Paragraph [0032]),
wherein the first sheet (as shown in provided Fig. 2 above) includes a first major surface (as shown in provided Fig. 2 above) facing the loaded cargo units and the second sheet (as shown in provided Fig. 2 above) includes a second major surface (as shown in provided Fig. 2 above) facing away from the loaded cargo units (Paragraph [0032]);
It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to have modified the cargo restraint panel in Bullock ‘449, as modified above, to have the structure and characteristics of the cargo restraint panel taught by Unander. One of ordinary skill in the art would have been motivated to make a corrugated plastic cargo restraint panel with the above recited limitations in order to absorb impact and secure the cargo, further protecting it (Paragraph [0007], Paragraph [0032]).
Bullock ‘449, as twice modified above, now teaches the specifics of the panel, as applied above, and the following steps:
after placing the cargo restraint panel (Marino, panel 12, Fig. 2; as modified by Unander),
wrapping a first tail (Bullock ‘449, 108b, Fig. 1) of the first load restraint strip (Bullock ‘449, strip 106a, Fig. 1) and a second tail (Bullock ‘449, 108a, Fig. 1) of the second load restraint strip (Bullock ‘449, strip 106b, Fig. 1), and securing the wrapped first tail (Bullock ‘449, 108b, Fig. 1) to the wrapped second tail (Bullock ‘449, 108a, Fig. 1) (as shown in Fig. 1 with element 109) across the second major surface (as shown in provided Unander Fig. 2 above) of the cargo restraint panel (Marino, panel 12, Fig. 2; as modified by Unander).
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Figure 6A2 from Bullock ‘449
Regarding claim 9, Bullock ‘449, as twice modified above in claim 1, further teaches the method of securing cargo in a cargo container (Bullock ‘449, Fig. 1; Abstract; Col. 1, Ln. 33-62), with the base panel (Marino, panel 12, Fig. 2; as modified by Unander), wherein Bullock ‘449 further discloses
the first load restraint strip (strip 106a, in annotated Fig. 6A2 above) comprises a first base layer (114, in annotated Fig. 6A2 above), a first reinforcement layer (110, in annotated Fig. 6A2 above) fixed to the first base layer (as seen in Fig. 6A2 above), and an exposed first adhesive layer (106, in annotated Fig. 6A2 above) in the first attachment region (Col. 4, Ln. 18-24; Col. 6, Ln. 53-61) and the second load restraint strip (strip 106b, in annotated Fig. 6A2 above) comprises a second base layer (114, in annotated Fig. 6A2 above), a second reinforcement layer (110, in annotated Fig. 6A2 above) fixed to the second base layer (as seen in Fig. 6A2 above), and an exposed second adhesive layer (106, in annotated Fig. 6A2 above) in the second attachment region (Col. 4, Ln. 18-24; Col. 6, Ln. 53-61)).
Claims 2-5 are rejected under 35 U.S.C. 103 as being unpatentable over Bullock (US Patent 8979449 B2), henceforth Bullock '449, in view of Unander (US Patent Application 2011/0033258 A1) and Marino (US Patent 4436466), and further in view of Carson (US Patent Application 2008/0069659 A1).
Regarding claim 2, Bullock ‘449, as twice modified above in claim 1, further teaches the method of securing cargo in a cargo container (Bullock ‘449, Fig. 1; Abstract; Col. 1, Ln. 33-62), with the base panel (Marino, panel 12, Fig. 2; as modified by Unander), but does not teach
wherein the base panel is formed from one or more of: polypropylene, acrylonitrile butadiene styrene (ABS), polyvinyl chloride PVC), polyethylene terephthalate (PET), high density polyethylene (HDPE), medium density polyethylene (MDPE), low density polyethylene (LDPE), Nylon, or polycarbonate.
Carson discloses a cargo securing panel (bulkhead divider wall system 10, Fig. 1; Abstract) which has
a base panel (divider wall 12, Fig. 1) made of polypropylene corrugated plastic (Paragraph 0027]).
Carson does not disclose the full structure of Bullock ‘449, as twice modified above, with the panel and the securing straps as separate systems used together. Carson discloses a similar securing system with the panel, but the straps are integrated into the panel, and not separate. However, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to have further modified Bullock ‘449 with the base panel made out of polypropylene, such as the one taught by Carson. One of ordinary skill in the art would have been motivated to make the base panel out of polypropylene in order to make it lightweight (Carson, Paragraph [0027]).
Regarding claim 3, Bullock ‘449, as twice modified above in claim 1, discloses the claimed invention except for
the base panel comprises a thickness of between 6 and 12 mm.
Carson discloses a cargo securing panel (bulkhead divider wall system 10, Fig. 1; Abstract) which has
a base panel (divider wall 12, Fig. 1) of 10 mm thickness.
It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to have further modified the base panel of Bullock ‘449, as twice modified above in claim 1, to be of this thickness, as taught by Carson. One of ordinary skill in the art would have been motivated to make the base panel of this thickness in the provided materials in order to make it light weight (Paragraph [0027]).
Regarding claim 4, Bullock ‘449, as twice modified above in claim 1, further teaches the method of securing cargo in a cargo container (Bullock ‘449, Fig. 1; Abstract; Col. 1, Ln. 33-62), with the base panel (Marino, panel 12, Fig. 2; as modified by Unander), but does not teach
the cargo restraint panel comprises a center hinge configured to allow folding of the cargo restraint panel, the center hinge comprising a region of the base panel in which a portion of the first sheet and a portion of the corrugations are absent, and in which a portion of the second sheet is present.
Carson discloses a cargo securing panel (bulkhead divider wall system 10, Fig. 1; Abstract) wherein
the cargo restraint panel (divider wall 12, Fig. 1) comprises a center hinge (fold lines 40, Fig. 1) configured to allow folding of the cargo restraint panel (Paragraph [0030]), the center hinge comprising a region of the base panel in which a portion of the first sheet and a portion of the corrugations are absent, and in which a portion of the second sheet is present (Paragraph [0030]).
It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to have modified the base panel of Bullock ‘449, as twice modified above in claim 1, to have included the center hinge element so that it can fold over itself. One of ordinary skill in the art would have been motivated to design the foldable base panel in this way in order to allow for convenient storage and handling (Paragraph [0030]).
Regarding claim 5, Bullock ‘449, as twice modified above in claim 1, further teaches the method of securing cargo in a cargo container (Bullock ‘449, Fig. 1; Abstract; Col. 1, Ln. 33-62), with the base panel (Marino, panel 12, Fig. 2; as modified by Unander), but does not teach
the cargo restraint panel comprises one or more handle cut-outs located on one or more sides of the cargo restraint panel.
Carson discloses a cargo securing panel (bulkhead divider wall system 10, Fig. 1; Abstract) wherein
the cargo restraint panel (divider wall 12, Fig. 1) comprises one or more handle cut-outs (handle apertures 42) located on one or more sides of the cargo restraint panel (Paragraph [0030]).
It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to have included handle cut outs, such as those taught by Carson, in the base panel taught by Bullock ‘449, as twice modified above in claim 1. One of ordinary skill in the art would have been motivated to include such handles in order to allow for convenient handling (Paragraph [0030]).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Bullock (US Patent 8979449 B2), henceforth Bullock '449, in view of Unander (US Patent Application 2011/0033258 A1) and Marino (US Patent 4436466), further in view of Bullock (US Patent 10112525 B1), henceforth Bullock '525.
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Figure 7 from Bullock ‘525
Regarding claim 7, Bullock ‘449, as twice modified above in claim 1, further teaches the method of securing cargo in a cargo container (Bullock ‘449, Fig. 1; Abstract; Col. 1, Ln. 33-62), with the base panel (Marino, panel 12, Fig. 2; as modified by Unander), but does not teach
the cargo restraint panel comprises one or more edge guards covering one or more edges of the base panel.
Bullock ‘525 discloses in one embodiment a cargo restraint panel (200’, in annotated Fig. 7 above), wherein
the cargo restraint panel (200’, in annotated Fig. 7 above) comprises one or more edge guards (161’, in annotated Fig. 7 above) covering one or more edges of the base panel (Col. 6, Ln. 13-17).
It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to have further modified the cargo restraint panel of Bullock ‘449, as twice modified above in claim 1, to include these edge guards, as taught by Bullock ‘525, in order to protect the edges of the panel.
Claims 10-13 are rejected under 35 U.S.C. 103 as being unpatentable over Bullock (US Patent 8979449 B2), henceforth Bullock '449, in view of Marino (US Patent 4436466) and Carson (US Patent Application 2008/0069659 A1), and further in view of Bullock (US Patent 10112525 B1), henceforth Bullock ‘525.
Regarding claim 10, Bullock ‘449 discloses a method of securing cargo in a cargo container (Fig. 1; Abstract; Col. 1, Ln. 33-62), the method comprising:
affixing a first attachment region (end 107a, Fig. 1) of a first load restraint strip (strip 106a, Fig. 1) to a first interior wall (side wall 102R, Fig. 1) of the cargo container (shipping container 101, Fig. 1; Col. 1, Ln. 41-44), wherein the first load restraint strip (strip 106a, in annotated Fig. 6A2 provided below) comprises a first base layer (114, in annotated Fig. 6A2 provided below), a first reinforcement layer (110, in annotated Fig. 6A2 provided below) fixed to the first base layer (as seen in annotated Fig. 6A2 provided below), and an exposed first adhesive layer (106, in annotated Fig. 6A2 provided below) in the first attachment region (Col. 4, Ln. 18-24; Col. 6, Ln. 53-61);
affixing a second attachment region (107, not seen explicitly in Fig. 1; Col. 1, Ln. 49-55) of a second load restraint strip (106b, Fig. 1) to a second interior wall (side wall 102L, Fig. 1) of the cargo container (Col. 1, Ln. 49-53), wherein the second load restraint strip (strip 106b, in annotated Fig. 6A2 provided below) comprises a second base layer (114, in annotated Fig. 6A2 provided below), a second reinforcement layer (110, in annotated Fig. 6A2 provided below) fixed to the second base layer (as seen in annotated Fig. 6A2 provided below), and an exposed second adhesive layer (106, in annotated Fig. 6A2 provided below) in the second attachment region (Col. 4, Ln. 18-24; Col. 6, Ln. 53-61);
loading cargo units (crates 104, Fig. 1) in the cargo container (shipping container 101, Fig. 1).
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Figure 6A2 from Bullock ‘449
Bullock ‘449 teaches the method of securing cargo, but does not teach the following steps:
placing a cargo restraint panel adjacent to the loaded cargo units, the cargo restraint panel comprising a base panel formed from a polymer material, the base panel comprising a first sheet integrally joined to a second sheet by corrugations to form a unitary, integral structure of the base panel, wherein the first sheet includes a first major surface facing the loaded cargo units and the second sheet includes a second major surface facing away from the loaded cargo units, wherein the cargo restraint panel further comprises one or more edge guards covering one or more edges of the base panel;
after placing the cargo restraint panel, wrapping a first tail of the first load restraint strip and a second tail of the second load restraint strip across the second major surface of the cargo restraint panel;
and after connecting the first tail to the second tail, securing the wrapped first tail to the wrapped second tail.
Marino discloses restraint strips (loading strap 20, Fig. 2) that wrap around a cargo restraint panel (panel 12, Fig. 2), and teaches the following steps:
placing a cargo restraint panel (panel 12, Fig. 2) adjacent to the loaded cargo units (load L, Fig. 2),
wherein the cargo restraint panel (panel 12, Fig. 2) comprises a base panel (panel 12, Fig. 2).
It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to have modified the cargo securing method of Bullock ‘449 to have both the cargo restraint panel and restraint straps that wrap around the panel, as taught in Marino. One of ordinary skill in the art would have been motivated to combine these structures in order to add extra security to the cargo, where the panel spreads the contact pressure of the load over a large area, the straps reinforce and support the panel, and thus the cargo as well (Marino, Col. 1, Ln. 61-68; Col. 2, Ln. 1-3).
Bullock ‘449, as modified, lacks the specifics of the panel.
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Figures 1 and 2 from Carson
Carson discloses the following missing structure and characteristics not taught by Bullock ‘449, as modified, involving the cargo restraint panel (divider wall 12, Fig. 1 and 2):
a base panel (divider wall 12, Fig. 1 and Fig. 2) formed from a polymer material (Paragraph [0027]),
the base panel comprising a first sheet (rear surface 18, in annotated Fig. 2 provided above) integrally joined to a second sheet (front surface 16, in annotated Fig. 1 provided above) by corrugations to form a unitary, integral structure of the base panel (Paragraph [0027]),
wherein the first sheet (rear surface 18, in annotated Fig. 2 provided above) includes a first major surface (as shown in annotated Fig. 2 provided above) facing the loaded cargo units and the second sheet (front surface 16, in annotated Fig. 1 provided above) includes a second major surface (as shown in annotated Fig. 1 provided above) facing away from the loaded cargo units (Paragraph [0028]).
Carson does not explicitly teach the cargo units, but it is designed for use in a delivery container, and thus the relation of the panel and the cargo would still be evident. It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to have modified the cargo restraint panel in Bullock ‘449, as modified above, to have the structure and characteristics of the cargo restraint panel taught by Carson. One of ordinary skill in the art would have been motivated to make a corrugated plastic cargo restraint panel with the above recited limitations in order to make it lightweight (Carson, Paragraph [0027]).
Bullock ‘449, as twice modified above, fails to disclose
wherein the cargo restraint panel further comprises one or more edge guards covering one or more edges of the base panel.
Bullock ‘525 discloses this missing element
wherein the cargo restraint panel (200’, in annotated Fig. 7 below) further comprises one or more edge guards (161’, in annotated Fig. 7 below) covering one or more edges of the base panel (Col. 6, Ln. 13-17).
It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to have further modified Bullock ‘449 to include these one or more edge guards covering one or more edges of the base panel, as taught by Bullock ‘525, in order to protect the edges of the panel.
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Figure 7 from Bullock ‘525
Bullock ‘449, as thrice modified above, now teaches the specifics of the panel, as applied above, and the following steps:
the cargo restraint panel (Bullock ‘525, 200’, in annotated Fig. 7 above) further comprises one or more edge guards (Bullock ‘525, 161’, in annotated Fig. 7 above) covering one or more edges of the base panel (Col. 6, Ln. 13-17);
after placing the cargo restraint panel (Marino, panel 12, Fig. 2; as modified by Carson),
wrapping a first tail (Bullock ‘449, 108b, Fig. 1) of the first load restraint strip (Bullock ‘449, strip 106a, Fig. 1) and a second tail (Bullock ‘449, 108a, Fig. 1) of the second load restraint strip (Bullock ‘449, strip 106b, Fig. 1), and securing the wrapped first tail (Bullock ‘449, 108b, Fig. 1) to the wrapped second tail (Bullock ‘449, 108a, Fig. 1) (as shown in Fig. 1 with element 109) across the second major surface (as shown in provided Carson Fig. 1 above) of the cargo restraint panel (Marino, panel 12, Fig. 2; as modified by Carson).
Regarding claim 11, Bullock ‘449, as thrice modified above in claim 10, further teaches the method of securing cargo in a cargo container (Bullock ‘449, Fig. 1; Abstract; Col. 1, Ln. 33-62), with the base panel (Marino, panel 12, Fig. 2; as modified by Carson), wherein Carson further discloses
a base panel (divider wall 12, Fig. 1) made of polypropylene corrugated plastic (Paragraph 0027]).
It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to have further modified Bullock ‘449, as modified above (including modifications by Carson already) with the base panel made out of polypropylene, such as the one taught by Carson. One of ordinary skill in the art would have been motivated to have made the base panel of Bullock ‘449, as modified above, out of polypropylene in order to make it lightweight (Carson, Paragraph [0027]).
Regarding claim 12, Bullock ‘449, as thrice modified above in claim 10, further teaches the method of securing cargo in a cargo container (Bullock ‘449, Fig. 1; Abstract; Col. 1, Ln. 33-62), with the base panel (Marino, panel 12, Fig. 2; as modified by Carson), and Carson further discloses
the cargo restraint panel (divider wall 12, Fig. 1) comprises a center hinge (fold lines 40, Fig. 1) configured to allow folding of the cargo restraint panel (Paragraph [0030]), the center hinge comprising a region of the base panel in which a portion of the first sheet and a portion of the corrugations are absent, and in which a portion of the second sheet is present (Paragraph [0030]).
It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to have further modified Bullock ‘449, as modified above (including modifications by Carson already) with the cargo restraint panel including a center hinge to make it foldable, such as the one taught by Carson. One of ordinary skill in the art would have been motivated to have made the base panel of Bullock ‘449, as modified above, in order to allow for convenient storage and handling (Carson, Paragraph [0030]).
Regarding claim 13, Bullock ‘449, as thrice modified above in claim 10, further teaches the method of securing cargo in a cargo container (Bullock ‘449, Fig. 1; Abstract; Col. 1, Ln. 33-62), with the base panel (Marino, panel 12, Fig. 2; as modified by Carson), and Carson further discloses
the cargo restraint panel (divider wall 12, Fig. 1) comprises one or more handle cut-outs (handle apertures 42) located on one or more sides of the cargo restraint panel (Paragraph [0030]).
It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to have included handle cut outs, such as those taught by Carson, in the base panel taught by Bullock ‘449, as thrice modified above in claim 10. One of ordinary skill in the art would have been motivated to include such handles in order to allow for convenient handling (Paragraph [0030]).
Claims 16-17, 20 are rejected under 35 U.S.C. 103 as being unpatentable over Bullock (US Patent 8979449 B2), henceforth Bullock '449, in view of Marino (US Patent 4436466) and Carson (US Patent Application 2008/0069659 A1), and further in view of Bullock (US Patent 10112525 B1), henceforth Bullock ‘525.
Regarding claim 16, Bullock ‘449 discloses
a cargo restraint system (Fig. 1; Abstract; Col. 1, Ln. 33-62) configured to be used within a cargo container (shipping container 101, Fig. 1) that includes cargo units (crates 104, Fig. 1) loaded in the cargo container (as seen in Fig. 1), the cargo restraint system (Fig. 1; Abstract; Col. 1, Ln. 33-62) comprising:
a first load restraint strip (strip 106a, Fig. 1) comprising a first attachment region (end 107a, Fig. 1) affixed to a first interior wall (side wall 102R, Fig. 1) of the cargo container (shipping container 101, Fig. 1);
a second load restraint strip (strip 106b, Fig. 1) comprising a second attachment region (107, not seen explicitly in Fig. 1; Col. 1, Ln. 49-55) affixed to a second interior wall (side wall 102L, Fig. 1) of the cargo container (shipping container 101, Fig. 1).
Bullock ‘449 does not disclose
a foldable, cargo restraint panel adjacent the cargo units, wherein the cargo restraint panel comprises an extruded base panel formed from a polymer material, the base panel comprising a first sheet integrally joined to a second sheet by corrugations to form a unitary, integral structure of the base panel, wherein the first sheet includes a first major surface facing the loaded cargo units and the second sheet includes a second major surface facing away from the loaded cargo units, wherein the cargo restraint panel further comprises one or more edge guards covering one or more edges of the base panel;
wherein a first tail of the first load restraint strip and a second tail of the second load restraint strip are wrapped across the second major surface, and wherein the wrapped first tail is secured to the wrapped second tail.
Marino discloses restraint strips (loading strap 20, Fig. 2) that wrap around a cargo restraint panel (panel 12, Fig. 2), and teaches the following elements:
a cargo restraint panel (panel 12, Fig. 2) adjacent the cargo units (load L, Fig. 2),
wherein the cargo restraint panel (panel 12, Fig. 2) comprises an extruded base panel (panel 12, Fig. 2).
It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to have modified the cargo securing method of Bullock ‘449 to have both the cargo restraint panel and restraint straps that wrap around the panel, as taught in Marino. One of ordinary skill in the art would have been motivated to combine these structures in order to add extra security to the cargo, where the panel spreads the contact pressure of the load over a large area, the straps reinforce and support the panel, and thus the cargo as well (Marino, Col. 1, Ln. 61-68; Col. 2, Ln. 1-3).
Bullock ‘449, as modified, lacks the specifics of the panel.
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Figures 1 and 2 from Carson
Carson discloses the following missing structure and characteristics not taught by Bullock ‘449, as modified:
a foldable, cargo restraint panel (divider wall 12, as seen in annotated Fig. 1 and Fig. 2 provided above; Paragraph [0030]) adjacent the cargo units, wherein the cargo restraint panel comprises an extruded base panel (divider wall 12, Fig. 1 and Fig. 2) formed from a polymer material (Paragraph [0027]),
the base panel comprising a first sheet (rear surface 18, in annotated Fig. 2 above) integrally joined to a second sheet (front surface 16, in annotated Fig. 1 provided above) by corrugations to form a unitary, integral structure of the base panel (Paragraph [0027]),
wherein the first sheet (rear surface 18, in annotated Fig. 2 provided above) includes a first major surface (as shown in annotated Fig. 2 provided above) facing the loaded cargo units and the second sheet (front surface 16, in annotated Fig. 1 provided above) includes a second major surface (as shown in annotated Fig. 1 provided above) facing away from the loaded cargo units (Paragraph [0028]).
Carson does not explicitly teach the cargo units, but it is designed for use in a delivery container, and thus the relation of the panel and the cargo would still be evident. It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to have modified the cargo restraint panel in Bullock ‘449, as modified above, to have the structure and characteristics of the cargo restraint panel taught by Carson. One of ordinary skill in the art would have been motivated to make a corrugated plastic cargo restraint panel with the above recited limitations in order to absorb impact and secure the cargo, further protecting it (Carson, Paragraph [0027]).
Carson does not disclose,
wherein the cargo restraint panel further comprises one or more edge guards covering one or more edges of the base panel.
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Figure 7 from Bullock ‘525
Bullock ‘525 teaches this missing element
wherein the cargo restraint panel (200’, in annotated Fig. 7 above) further comprises one or more edge guards (161’, in annotated Fig. 7 above) covering one or more edges of the base panel (Col. 6, Ln. 13-17).
It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to have further modified Bullock ‘449 to include these one or more edge guards covering one or more edges of the base panel, as taught by Bullock ‘525, in order to protect the edges of the panel.
Bullock ‘449, as thrice modified above, now teaches the specifics of the panel, as applied above, and the following elements:
the cargo restraint panel (Bullock ‘525, 200’, in annotated Fig. 7 above) further comprises one or more edge guards (Bullock ‘525, 161’, in annotated Fig. 7 above) covering one or more edges of the base panel (Col. 6, Ln. 13-17);
wherein a first tail (Bullock ‘449, 108b, Fig. 1) of the first load restraint strip (Bullock ‘449, strip 106a, Fig. 1) and a second tail (Bullock ‘449, 108a, Fig. 1) of the second load restraint strip (Bullock ‘449, strip 106b, Fig. 1) are wrapped across the second major surface (second major surface as shown in provided Carson Fig. 1 above; Bullock ‘449, Col. 1, Ln. 49-62), and wherein the wrapped first tail (Bullock ‘449, 108b, Fig. 1) is secured to the wrapped second tail (Bullock ‘449, 108a, Fig. 1)(Bullock ‘449, Col. 1, Ln. 49-62).
Regarding claim 17, Bullock ‘449, as thrice modified above in claim 16, further teaches the cargo restraint system (Bullock ‘449, Fig. 1; Abstract; Col. 1, Ln. 33-62), with the base panel (Marino, panel 12, Fig. 2; as modified by Carson), and Carson further discloses
wherein the base panel comprises a thickness of between 6 and 12 mm (Paragraph [0027]).
It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to have further modified the base panel of Bullock ‘449, as thrice modified above in claim 16, to be of this thickness, as taught by Carson. One of ordinary skill in the art would have been motivated to make the base panel of this thickness in the provided materials in order to make it light weight (Paragraph [0027]).
Regarding claim 20, Bullock ‘449, as thrice modified above in claim 16, further teaches the cargo restraint system (Bullock ‘449, Fig. 1; Abstract; Col. 1, Ln. 33-62), with the base panel (Marino, panel 12, Fig. 2; as modified by Carson), and Carson further discloses
the base panel (divider wall 12, Fig. 1) is made of polypropylene corrugated plastic (Paragraph 0027]).
It would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to have further modified Bullock ‘449, as modified above (including modifications by Carson already) with the base panel made out of polypropylene, such as the one taught by Carson. One of ordinary skill in the art would have been motivated to have made the base panel of Bullock ‘449, as modified above, out of polypropylene in order to make it lightweight (Carson, Paragraph [0027]).
Allowable Subject Matter
Claims 6, 8, 14-15, and 18-19 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.
The primary reason for the indication of allowable subject matter in claims 6, 15, and 19 is the inclusion in the claims of the limitations for cargo restraint panel comprising
a hinge, a first magnet, and a magnetic attraction element comprising at least one of a second magnet or a plate, and wherein the first magnet and the magnetic attraction element are positioned so that, when the cargo restraint panel is placed into a folded configuration by folding along the hinge, the first magnet attracts the magnetic attraction element to bias the cargo restraint panel in the folded configuration.
Such limitations, in combination with the rest of the limitations of the claims, are not disclosed or suggested by the prior art of record. The closest prior art of record is Henning (US Patent Application 2022/0089226 A1), which would need to be combined with the other prior art as taught in claims 1, 10, and 16. Henning teaches one magnet on the panel, and a second magnet attached to a strap assembly, instead of the 2 magnet elements on the panel itself. These deficiencies in Henning are not made up by any other teachings in the prior art.
The primary reason for the indication of allowable subject matter in claims 8, 14, and 18 is the inclusion in the claims of the limitations for cargo restraint panel wherein the one or more edge guards further comprises one or more glide rails that extend from the edge portion. Such limitations, in combination with the rest of the limitations of the claims, are not disclosed or suggested by the prior art of record. The closest prior art of record is Bullock ‘525, which teaches the edge guards, as well as some of the structure, but does not disclose the glide rails that extend from the edge portion. These deficiencies in Bullock ‘525 are not made up by any other teachings in the prior art.
Conclusion
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/D.G.C./Examiner, Art Unit 3612
/VIVEK D KOPPIKAR/Supervisory Patent Examiner, Art Unit 3612 April 6, 2026
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