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 .
Drawings
Color photographs and color drawings are not accepted in utility applications unless a petition filed under 37 CFR 1.84(a)(2) is granted. Any such petition must be accompanied by the appropriate fee set forth in 37 CFR 1.17(h), one set of color drawings or color photographs, as appropriate, if submitted via the USPTO patent electronic filing system or three sets of color drawings or color photographs, as appropriate, if not submitted via the via USPTO patent electronic filing system, and, unless already present, an amendment to include the following language as the first paragraph of the brief description of the drawings section of the specification:
The patent or application file contains at least one drawing executed in color. Copies of this patent or patent application publication with color drawing(s) will be provided by the Office upon request and payment of the necessary fee.
Color photographs will be accepted if the conditions for accepting color drawings and black and white photographs have been satisfied. See 37 CFR 1.84(b)(2).
New corrected drawings in compliance with 37 CFR 1.121(d) are required in this application because colored photos as well as black and white photos without a proper petition are not accepted. Applicant is advised to employ the services of a competent patent draftsperson outside the Office, as the U.S. Patent and Trademark Office no longer prepares new drawings. The corrected drawings are required in reply to the Office action to avoid abandonment of the application. The requirement for corrected drawings will not be held in abeyance.
Claim Objections
Claims 4, 5, 7, 8, 13, 14, 16 and 17 are objected to because of the following informalities:
In claims 4, 5, 7, 8, 13, 14, 16 and 17, “the interior receptacle” has no proper antecedent basis since Applicant has previously recited the interior of the receptacle. This objection could be overcome by adding “of the”.
In claims 5, 8, 14, and 17, “seleted” should be changed to “selected”
Appropriate correction is required.
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 5, 8, 14 and 17 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.
It was not clear what the applicant means by “wherein the interior receptacle comprises a form…of…orthogonal”.
For purposes of expediting examination, “orthogonal” will be interpreted as having side edges that are orthogonal.
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.
Claims 1-19 are rejected under 35 U.S.C. 103 as being unpatentable over Sarver (US 20230391247 A1).
Regarding claim 1, Sarver (US 20230391247 A1) teaches a cargo retention system comprising: a receptacle (10, Fig. 1) having an interior and an exterior, the exterior of the receptacle having indicia [0037] adapted to visually indicate the terminus of the cargo retained therein; a plurality of cam-controlled straps (30A, 40A, Fig. 2), each one of the plurality of cam-controlled straps separately coupled to the receptacle (shown in Fig. 2), wherein each one of the plurality of cam-controlled straps comprises an elongated strap adjustable (30C, 40C, Fig. 2) and adapted for a variety of lengths via a cam buckle (shown in Fig. 1), wherein each one of the plurality of cam-controlled straps is adapted to secure within the bed of a vehicle (2D, Fig. 1).
Sarver does not teach that the plurality of cam-controlled straps is coupled to the exterior of the receptacle.
Instead, Sarver teaches attaching the straps on the interior of the receptacle.
However, one of the ordinary skills of the art would have found it obvious to attach the straps to the exterior of the receptacle because it would have been obvious to try. There are only two options for attaching the straps, on the interior or on the exterior. They still carry the same function of securing the receptacle to the vehicle. Thus, placing these straps on the exterior would give one of ordinary skill in the art a reasonable expectation of success.
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Regarding claim 2, Sarver teaches a cargo retention system comprising: a receptacle (10, Fig. 1) having an interior and an exterior, the interior of the receptacle adapted to partially retain cargo (shown in Fig. 1), the exterior of the receptacle having indicia [0037] adapted to visually indicate the terminus of the cargo retained therein; a plurality of cam-controlled straps (30A, 40A, Fig. 2), each one of the plurality of cam-controlled straps separately coupled to the receptacle (shown in Fig. 2), wherein each one of the plurality of cam-controlled straps comprises an elongated strap adjustable (30C, 40C, Fig. 2) and adapted for a variety of lengths via a cam buckle (shown in Fig. 1), wherein each one of the plurality of cam-controlled straps is adapted to secure within the bed of a vehicle (2D, Fig. 1).
Sarver does not teach that the plurality of cam-controlled straps is coupled to the exterior of the receptacle.
Instead, Sarver teaches attaching the straps on the interior of the receptacle.
However, one of the ordinary skills of the art would have found it obvious to attach the straps to the exterior of the receptacle because it would have been obvious to try. There are only two options for attaching the straps, on the interior or on the exterior. They still carry the same function of securing the receptacle to the vehicle. Thus, placing these straps on the exterior would give one of ordinary skill in the art a reasonable expectation of success.
Regarding claim 3, Sarver teaches the interior of the receptacle is formed from a single material selected from the group consisting of rigid material, semi-rigid material, returnably resilient material, flexible material, and fluid permeable material (Para. [0007]).
Regarding claim 4, Sarver teaches the interior receptacle comprises an adjustable form or shape (Para. [0007]).
Regarding claim 5, Sarver teaches the interior receptacle comprises a form seleted from the group consisting of cylindrical (shown in Fig. 1) and orthogonal (Para. [0026]).
Regarding claim 6, Sarver teaches the interior of the receptacle is formed from a combination of materials selected from the group consisting of rigid material, semi-rigid material, returnably resilient material, flexible material (Para. [0007]), and fluid permeable material (Para. [0036]).
Regarding claim 7, Sarver teaches the interior receptacle comprises an adjustable form or shape (Para. [0007]).
Regarding claim 8, Sarver teaches the interior receptacle comprises a form seleted from the group consisting of cylindrical (shown in Fig. 1) and orthogonal (Para. [0026]).
Regarding claim 9, Sarver teaches the indicia comprises in combination one or more colors, signs, designs, indicators, and alphanumeric symbols (Para. [0037]).
Regarding claim 10, Sarver teaches the indicia comprises in combination one or more tape, fabric, material (“fluorescent piping”, Para. [0037]), paint, coating (“safety graphic is printed”, Para. [0037]), and colorant.
Regarding claim 11, Sarver teaches a cargo retention system comprising: a receptacle (10, Fig. 1) having an interior and an exterior, the interior of the receptacle adapted to partially retain cargo (shown in Fig. 1), the exterior of the receptacle having indicia [0037] adapted to visually indicate the terminus of the cargo retained therein; a plurality of cam-controlled straps (30A, 40A, Fig. 2), each one of the plurality of cam-controlled straps separately coupled to the receptacle (shown in Fig. 2), wherein each one of the plurality of cam-controlled straps comprises an elongated strap adjustable (30C, 40C, Fig. 2) and adapted for a variety of lengths via a cam buckle (shown in Fig. 1), wherein each one of the plurality of cam-controlled straps is adapted to secure to a hasp affixed within the bed well of a vehicle (30B and 40B are capable of securing to a hasp, Fig. 2).
Sarver does not teach that the plurality of cam-controlled straps is coupled to the exterior of the receptacle.
Instead, Sarver teaches attaching the straps on the interior of the receptacle.
However, one of the ordinary skills of the art would have found it obvious to attach the straps to the exterior of the receptacle because it would have been obvious to try. There are only two options for attaching the straps, on the interior or on the exterior. They still carry the same function of securing the receptacle to the vehicle. Thus, placing these straps on the exterior would give one of ordinary skill in the art a reasonable expectation of success.
Regarding claim 12, Sarver teaches the interior of the receptacle is formed from a single material selected from the group consisting of rigid material, semi-rigid material, returnably resilient material, flexible material (Para. [0007]), and fluid permeable material (Para. [0036]).
Regarding claim 13, Sarver teaches the interior receptacle comprises an adjustable form or shape (Para. [0007]).
Regarding claim 14, Sarver teaches the interior receptacle comprises a form selected from the group consisting of cylindrical (shown in Fig. 1) and orthogonal (Para. [0026]).
Regarding claim 15, Sarver teaches the interior of the receptacle is formed from a combination of materials selected from the group consisting of rigid material, semi-rigid material, returnably resilient material, flexible material (Para. [0007]), and fluid permeable material (Para. [0036]).
Regarding claim 16, Sarver teaches the interior receptacle comprises an adjustable form or shape (Para. [0007]).
Regarding claim 17, Sarver teaches the interior receptacle comprises a form seleted from the group consisting of cylindrical (shown in Fig. 1) and orthogonal (Para. [0026]).
Regarding claim 18, Sarver teaches the indicia comprises in combination one or more colors, signs, designs, indicators, and alphanumeric symbols (Para. [0037]).
Regarding claim 19, Sarver teaches the indicia comprises in combination one or more tape, fabric (Para. [0038]), material (“fluorescent piping”, Para. [0037]), paint, coating (“safety graphic is printed”, Para. [0037]), and colorant.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Raver (US 20230339385 A1) discloses a cargo retention system with at least one indicia.
Nogaj, et al. (US 11794630 B1) discloses a cargo restraint system with adjustable length straps.
Rowe (US 7837421 B1) discloses a cargo securement mechanism including an indicator and adjustable length straps.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Alma D Schuster whose telephone number is (571)272-8938. The examiner can normally be reached Mon-Thurs 8:30am-6:30pm and Fri 7am-11am.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amy R 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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/Alma D. Schuster/Examiner, Art Unit 3612
/AMY R WEISBERG/Supervisory Patent Examiner, Art Unit 3612