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 § 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.
Claim(s) 1-6, 8-14, 18, 21 and 23 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tilp (US3,836,044).
1. A removable shelf (Fig 1) for rigid containers for transporting dry goods (where the shelf can be used for such), the removable shelf (16) comprising at least one shelf locator (23) that enables selective hanging of the removable shelf (16) wherein the selective hanging of the removable shelf is either on a vertical wall of the container (see Fig. that shows the shelf hung on the vertical wall) with at least one weight-supporting shelf face (16) of the removable shelf that, in use, receives and supports goods to be transported thereon positioned face-to-face to the vertical wall (where the edge of the shelf is face to face with the vertical wall) of the containers (14), the at least one weight-supporting shelf face (16) including at least a portion of the removable shelf other than any edge thereof (items sit on the top interior surface of the shelf and the edges are not the only weight supporting) or on an intermediate removable shelf hung in a to manner that positioned at least one weight-supporting shelf face of the intermediate removable shelf face-to-face with said vertical wall, such that the intermediate removable shelf is positioned between said vertical wall and the removable shelf, wherein the at least one weight-supporting shelf face of the intermediate removable shelf also includes at least a portion other than any edges thereof.
2. The removable shelf (16) of claim 1, wherein the at least one shelf locator (23) is provided on a face (side face of the shelf) of the removable shelf (16); optionally, at or near a side (4) thereof; optionally, at or near a corner (5) thereof.
3. The removable shelf (1) of claim 2, wherein the removable shelf (16) comprises at least two shelf locators (23) disposed at or near opposed ends of the shelf (16), respectively; optionally, along said side; optionally, or at or near adjacent corners of the shelf.
4. The removable shelf (1) of claim 1, wherein the removable shelf comprises at least one male shelf locator (23) and at least one complementary, female shelf locator (between 23), said male and female shelf locators being provided at corresponding opposed positions on either face of the shelf, respectively (both are provided on opposite sides of the shelf).
5. The removable shelf (16) of claim 4, wherein the at least one male shelf locator (23) is provided generally in the form of a pin (23), and the at least one female shelf locator (between 23) defines a slot (between 23) complementary to said pin (23).
6.The removable shelf (16) of claim 5, wherein the pin (23) comprises an enlarged head portion (Fig 3 at 22) and the complementary slot (between 21 and 22) comprises a mouth (between 21 and 22) that opens on an edge of the shelf (16), said mouth (between 21 and 22) being adapted to receive said enlarged head portion (26), optionally, wherein the enlarged head portion is a distance from the shelf face (3).
8. The removable shelf of claim 6, wherein the pin and the complementary slot have respective lengths extending across the removable shelf; optionally, wherein said lengths extends perpendicularly to the side or edge of the removable shelf (Figs. 1-5).
9. The removable shelf of claim 8, wherein the pin comprises a tapering cross-section along the length of the pin (Figs. 1-5).
10. The removable shelf (1) of claim 8, wherein said lengths are adapted such that the shelf edge may be flush with a corresponding edge of a further removable shelf attached to the removable shelf; optionally, wherein the length of the slot is greater than the length of the pin. (Figs. 1-5).
11. The removable shelf of claim 8, wherein the length of the pin is greater that a transversal width or height of the pin (Figs. 1-5).
12. The removable shelf of claim 1 any one of the preceding claims, the removable shelf being provided in the form of a substantially integral or continuous panel of material, preferably made of a rigid plastic (Figs. 1-5).
13. The removable shelf of claim 1 any one of the preceding claims, wherein the removable shelf further comprises at least one handle or at least one rest for accommodating the removable shelf within the rigid containers (Figs. 1-5).
14. A rigid container for transporting dry goods, the rigid container comprising a container wall having at least one shelf locator for receiving at least one removable shelf according to claim 1 (Figs. 1-5).
18. The rigid container (14) of claim 14, wherein the rigid container (14) comprises a container cap (15).
21. A method of preparing (Figs. 1-5) for reverse logistics a rigid container (Figs. 1-5) comprising one or more removable shelves (16) each comprising at least one shelf locator (23), the method comprising using the shelf locator (23), selectively hanging at least one removable shelf (16) either: on a vertical wall (20) of the container with at least one weight-supporting shelf face (16) of the at least one removable shelf that, in use, receives and supports goods to be transported thereon (where the shelf can support goods) positioned face-to-face to the vertical wall (Fig 3, the edge of the shelf is positioned face to face with the container wall) of the container (14), the at least one weight-supporting shelf face (16) including at least a portion of the removable shelf other than any edge thereof (items sit on the top interior surface of the shelf and the edges are not the only weight supporting) or on an intermediate removable shelf hung in a manner that positioned at least one weight-supporting shelf face of the intermediate removable shelf face-to-face with said vertical wall, such that the intermediate removable shelf is positioned between said vertical wall and the removable shelf, wherein the at least one weight-supporting shelf face of the intermediate removable shelf also includes at least a portion other than any edges thereof.
23. A method of preparing a rigid container (14) for transporting dry goods (where the container can transport dry goods), the container (14) having one or more removable shelves (16) each comprising at least one shelf locator (23) via which said one or more shelves (16) are selectively hung either on at least one vertical wall (20) of the container with at least one weight-supporting shelf face (16) of said one or more shelves that, in use, receives and supports goods to be transported thereon (where the shelf can receive goods) positioned face-to-face to the at least one vertical wall (Figs. 3, where the edge of the shelf is face to face with the container wall) of the container (14), the at least one weight-supporting shelf face (16) including at least a portion of the removable shelf other than any edge thereof (items sit on the top interior surface of the shelf and the edges are not the only weight supporting), or on an intermediate removable shelf hung in a attached manner that positioned at least one weight-supporting shelf face of the intermediate removable shelf face-to-face with said vertical wall, such that the intermediate removable shelf is positioned between said vertical wall and the removable shelf, wherein the at least one weight-supporting shelf face of the intermediate removable shelf also includes at least a portion other than any edges thereof, the method comprising: detaching the at least one removable shelf (16) from said face-to-face hanging of the at least one weight-supporting shelf face thereof relative to said at least one wall (side wall on the container) or said intermediate removable shelf via the one or more shelf locators (23); placing the detached at least one removable shelf (16) in an enclosed space (within 14) defined by the rigid container (14), thereby creating two or more compartments (Fig 3). The claims were not amended to include the interview summary where the shelf is weight supported on the outer perimeter of the container.
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.
Claim(s) 16, 22 and 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tilp, in view of Buckley (US4,186,841).
16. The rigid container (100) of claim 14, Tilp Differs in that it does not disclose wherein the rigid container is foldable. Attention, however is directed to Buckley, which discloses a container can be folded, therefore, it would have been obvious, to one of ordinary skill within the art, at the time the invention was made, to modify Tilp, in view of the teachings of Buckley, by employing the container to be foldable, in order to have compact space for storage.
22. The method of claim 21, Tilp Differs in that it does not disclose wherein the rigid container is foldable and the method further comprises folding said wall, optionally on or over a base of the rigid container. Attention, however is directed to Buckley, which discloses a container can be folded, therefore, it would have been obvious, to one of ordinary skill within the art, at the time the invention was made, to modify Tilp, in view of the teachings of Buckley, by employing the container to be foldable, in order to have compact space for storage.
24. The method of claim 23, Tilp Differs in that it does not disclose wherein the rigid container is folded and the method further comprises erecting said wall, optionally from a base of the rigid container. Attention, however is directed to Buckley, which discloses a container can be folded, therefore, it would have been obvious, to one of ordinary skill within the art, at the time the invention was made, to modify Tilp, in view of the teachings of Buckley, by employing the container to be foldable, in order to have compact space for storage.
Allowable Subject Matter
Claims 7, 15, 17, 19, 20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant's arguments filed 11/05/2025 have been fully considered but they are not persuasive. Applicant argues the amendment defines over the prior art. Examiner disagrees. Examiner gave the claims their broadest, most reasonable interpretation. Tilp teaches the shelf is hung on the vertical wall via the hooks. Tilp teaches the weight supporting shelf face includes at least a portion other than the edge (items sit on the top interior surface of the shelf and are not only therefore supported by the edges). The rest of the amendment is an “or” requirement so the prior art does not have to teach this.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KAREEN KAY THOMAS whose telephone number is (571)270-5611. The examiner can normally be reached 9:00am-5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Orlando E. Aviles can be reached at 571-270-5531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KAREEN K THOMAS/Primary Examiner, Art Unit 3736