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
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: 220B, 302-2 and 610-3. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities: paragraph [0066] should be reviewed since “at the portions 420-2, 420-4, and 420-4” is redundant due to the two recitations of “420-4”. Paragraph [0078] should also be reviewed since “602 and 604” has been defined as both “item storage units” and “the parcels.”
Appropriate correction is required.
Claim Objections
Claim 6 is objected to because of the following informalities: line 2 should likely be amended to recite –at a first [[s]]end to the top plate--. Appropriate correction is required.
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 1-18 are rejected under 35 U.S.C. 103 as being unpatentable over Haid (WO 2019/224281) and Tsang (US 2014/0374680 A1), and further in view of Payne (US 5,386,911).
Referring to claims 1, 7 and 13: Haid teaches an apparatus comprising: a top plate 7; a first side plate 3a that is at least partially defined by a first slot 38; a second side plate 3a that is at least partially defined by a second slot 38; a base plate (Figs. 11 and 12); an opening (Fig. 12); a pair of slide actuators 39; and a plurality of scissor lift assemblies (Fig. 13), wherein: the pair of slide actuators is configured for sliding along a length of a plane of the first side plate to apply a force to folding supports 36 of the plurality of scissor lift assemblies to extend the plurality of scissor lift assemblies and elevate the top plate, the first side plate, and the second side plate from a lower position to a higher position with respect to the base plate (Fig. 12), and the apparatus is configured for receiving cargo so that the cargo can be slid through the opening and into the apparatus once the top plate, the first side plate, and the second side plate are in the higher position, and stored within the apparatus once the top plate, the first side plate, and the second side plate are returned to the lower position.
Haid does not specifically teach the pair of slide actuators is configured for sliding away from each other. Tsang teaches an apparatus comprising an opening; a pair of slide actuators 50, 60; and a plurality of scissor lift assemblies 3, wherein: the pair of slide actuators is configured for sliding away from each other along a length of a plane to apply a force to folding supports 31, 32 of the plurality of scissor lift assemblies to extend the plurality of scissor lift assemblies [0059]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the apparatus and actuators taught by Haid to include the pair of slide actuators configured for sliding away from each other as taught by Tsang with a reasonable expectation of success since order to include more scissor lift assemblies, which could ultimately support more storage units and weight.
Haid and Tsang do not specifically teach the first slot and the second slot are configured for receiving lips of an item storage unit. Payne teaches an apparatus comprising a first side plate 20 that is at least partially defined by a first slot 30; a second side plate 20 that is at least partially defined by a second slot 30; and an opening, wherein: the first slot and the second slot are configured for receiving lips of an item storage unit 22 so that the item storage unit can be slid through the opening and into the apparatus, and stored within the apparatus. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the apparatus taught by Haid and Tsang to include slots in the sides plates to support an object as taught by Payne with a reasonable expectation of success in order to more securely hold the item within the apparatus.
Referring to claims 2, 8 and 14: Haid teaches the folding supports of the plurality of scissor lift assemblies comprise a series of connected parallelograms with hinged intersections 37 configured to permit operation to elongate the folding supports and extend the plurality of scissor lift assemblies and elevate the top plate, the first side plate, and the second side plate from the lower position to the higher position.
Referring to claims 3, 9 and 15: Haid teaches the pair of slide actuators is configured to adjust the top plate back to the lower position based at least in part on a size of an item placed inside of the item storage unit (page 53, lines 4-9).
Referring to claims 4, 10 and 16: Haid teaches each of the pair of slide actuators comprise at least one of an extension, a prong, or a tine that is configured to apply the force to the folding supports of the plurality of scissor lift assemblies (page 53, lines 11-16).
Referring to claims 5, 11, and 17: Haid teaches the folding supports provide vertical lifting to elevate the top plate, the first side plate, and the second side plate from the lower position to the higher position via at least one of a rotational input or a linear input (page 54, lines 11-21).
Referring to claims 6, 12 and 18: Haid does not specifically teach a first set of scissor lift assemblies attached at a first send to the top plate and a second end to the first side plate and the second side plate and a second set of scissor lift assemblies attached at a first end to the base plate and a second end attached to the first side plate and the second side plate. Tsang teaches the plurality of scissor lift assemblies comprises a first set of scissor lift assemblies attached at a first send to a top platform 9 and a second end to a center platform 30 and a second set of scissor lift assemblies attached at a first end to a base 1 and a second end attached to the center platform 30. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the scissor lift assemblies taught by Haid to be connected in a vertical manner as taught by Tsang, but including the first and second side plates as taught by Haid, with a reasonable expectation of success in order for the apparatus to be able to extend farther vertically.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CATHERINE A LOIKITH whose telephone number is (571)270-7822. The examiner can normally be reached M-F 9am-5:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Doug Hutton can be reached at 571-272-4137. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Catherine Loikith/Primary Examiner, Art Unit 3674
01 September 2026