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
Applicant's election with traverse of Species B (figs.5-15) and claims 18-22,25-39 in the reply filed on 06/15/2026 is acknowledged. The traversal is on the ground(s) that Species A and B are the same species just different views. This is found persuasive so figures 1-15 will be examined however applicant argument about search burden is not persuasive as different species will be requiring different searches. However, there are still three species first being figs.1-15, second being figs.16-17 and third being figs.18-19 because applicant’s own paragraphs,0026-0027, state it’s a third embodiment.
The requirement is still deemed proper and is therefore made FINAL.
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) 18-22,25-34 and 37-39 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Riley (US 6874634 B2)
Regarding claim 18, Riley teaches a system for removably stacking a first container on a second container, the system comprising (fig.1 shows a container system with container’s 101 and 102 stacked on top of each other):
a step disposed on the first container (Fig.1 and 3 shows similar to how 101 and 102 are connected, the latching surfaces LS are the lower edges 32a of slots 32 formed in the tray end walls 10c for the first container 10x); and
a latch disposed on the second container the latch being in a first position overlying the step to thereby secure the first container from moving in at least one direction relative to the second container, and the latch being movable (fig.3 shows the latch 26 disposed on the second container 101 and the latch being in first position overlying the step securing the first container when latched);
a second position in which the latch does not overlie the step to allow the first container to move relative to the second container in the at least one direction (fig.1 shows the second position when the latch 26 does not overlie on the step to allow the first container to move relative to the second container in one direction; “one direction” has not been defined),
when the latch is moved into the second position, the latch is configured to be maintained in the second position against movement back into the first position until after the first container is moved in the at least one direction (fig.1 the latch can be moved into second position where latch 26 is capable of being maintained in second position against movement back into first portion until after the container has moved in at least one direction; it is noted that this limitation is capable of limitation due to “configured to”).
Regarding claim 19, the references as applied to claim 18 above discloses all the limitations substantially claimed. Riley further teaches teach wherein the latch is configured to engage with the step to thereby maintain the latch in the second position (fig.1 the latch 26 is capable of engaging with the step to maintain the latch in second position).
Regarding claim 20, the references as applied to claim 19 above discloses all the limitations substantially claimed. Riley further teaches wherein the second container includes a spring configured to bias the latch towards the first position, the latch being movable from the first position to the second position against the spring bias, wherein, engagement of the latch with the step maintains the latch in the second position against the spring bias (fig.3 shows where second container 102 comprises a latch and the latch has a spring 38a that is capable of helping bias the latch to the first position and second portion and can help maintain it in second position).
Regarding claim 21, the references as applied to claim 18 above discloses all the limitations substantially claimed. Riley further teaches wherein the latch is pivotably movable between the first position and the second position (fig.1 latch 26 is pivotal between first and second position).
Regarding claim 22, the references as applied to claim 18 above discloses all the limitations substantially claimed. Riley further teaches the latch including an upper hook and a lower protrusion, wherein, when the latch is in the first position, the upper hook overlies the step and, when the latch is in the second position, the lower protrusion engages the step (fig.1 shows the first hook 26a and lower protrusion 26b and first hook is capable of engaging with the step and lower protrusion engaging with the the step).
Regarding claim 25, Riley teaches a system comprising (fig.1 shows the system):
a step disposed on a first container (Fig.1 and 3 shows similar to how 101 and 102 are connected, the latching surfaces LS are the lower edges 32a of slots 32 formed in the tray end walls 10c for the first container 10x); and
a latch disposed on a second container in contact with the first container, the latch being movable between a first position overlying the step and a second position in which the latch does not overlie the step, and the latch being configured to remain in the second position until the first container is moved in at least one direction (see fig.1 where the latch 26 is deposed on the second container 101 and in contact with the first container 10x and latch being movable between first portion to overlie the step and second position in which latch does not overlie step and latch 26 is capable of remain in the second position until the first container is moved in one direction),
wherein the latch is configured to engage with the step to maintain the latch in the second position (fig.1 latch 26 is capable of engaging with the step to maintain the latch in the second position).
Regarding claim 26, the references as applied to claim 25 above discloses all the limitations substantially claimed. Riley further teaches wherein a bottom surface of the first container is in contact with a top surface of the second container (fig.1 shows the bottom surface of the first container is in contact with the top surface of the second container 101).
Regarding claim 27, the references as applied to claim 26 above discloses all the limitations substantially claimed. Riley further teaches wherein the step is disposed on a body of the first container and the latch is disposed on a lid of the second container (fig.1 shows the step on first container and latch on lid of the second container when assembled).
Regarding claim 28, the references as applied to claim 26 above discloses all the limitations substantially claimed. Riley further teaches wherein the at least one direction is perpendicular to the top surface of the second container (fig.1 the one direction is perpendicular to the top surface of the container; it is noted that one direction has not been positively claimed).
Regarding claim 29, the references as applied to claim 25 above discloses all the limitations substantially claimed. Riley further teaches wherein a lower portion of the latch is configured to engage with the step to maintain the latch in the second position (fig.1 and 3 the lower portion of the latch 26 is capable of engaging with the step to maintain the latch in the second position).
Regarding claim 30, the references as applied to claim 25 above discloses all the limitations substantially claimed. Riley further teaches wherein a spring is configured to bias the latch toward the first position, and wherein the latch is configured to engage with the step to maintain the latch against the spring bias (fig.3 shows the latch 26 having a spring 38a is capable of bias the latch towards the first position and latch is capable of engaging with the step to maintain the latch against the spring bias).
Regarding claim 31, the references as applied to claim 25 above discloses all the limitations substantially claimed. Riley further teaches wherein the latch includes a hook and a protrusion (fig.3 shows the hook 26a and protrusion 26b).
Regarding claim 32, the references as applied to claim 31 above discloses all the limitations substantially claimed. Riley further teaches wherein the hook is configured to overlie the step in the first position, and wherein the protrusion is configured to engage with the step in the second position (fig.3 shows the hook 26a capable of overlying the step in first position and the protrusion 26b capable of engaging the step in second position).
Regarding claim 33, the references as applied to claim 32 above discloses all the limitations substantially claimed. Riley further teaches wherein the first container is movable in the at least one direction when the protrusion is engaged with the step (fig.1-3 the first container is moveable in one direction when protrusions engaged with the step).
Regarding claim 34, the references as applied to claim 25 above discloses all the limitations substantially claimed. Riley further teaches wherein the latch includes a first hook and a second hook, the first hook being configured to engage with a first portion of the step and the second hook being configured to engage with a second portion of the step (fig.1 shows the first hook 26a and second hook 26b and first hook is capable of engaging with the first portion of the step and second hook engaging with the second portion of the step).
Regarding claim 37, Riley teaches a system comprising:
a bottom container having a latch, the latch being movable between a first position in which the latch is configured to overlie a step of a top container and a second position in which the latch is configured to engage with the step (fig.1 shows the bottom container 101 with latch 26 capable of being movable between a first portion in which is latch is capable of overlie latching surfaces LS are the lower edges 32a of slots 32 formed in the tray end walls 10c for the similar to container 10x and in second position in which is latch is capable of engaging the step),
wherein the top container is configured to remain stationary relative to the bottom container when the latch is in the first position and is movable in a direction relative to the bottom container when the latch is in the second position (fig.1 the top container is capable of being stationary relative to the bottom when latch is in first position and movable in a direction relative to bottom container when the latch is in second).
Regarding claim 38, the references as applied to claim 37 above discloses all the limitations substantially claimed. Riley further teaches wherein the bottom container is disposable on a surface, and wherein the direction is substantially perpendicular to the surface (fig.1 the bottom container is disposable on a surface and when the direction is substantially perpendicular to the surface).
Regarding claim 39, the references as applied to claim 37 above discloses all the limitations substantially claimed. Riley further teaches wherein the latch is configured to remain in the second position until the top container is moved in the direction (fig.1 latch 26 is capable of remain in the second position until the top container is moved in the direction).
Allowable Subject Matter
Claims 35-36 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.
Conclusion
See PTO-892 for the prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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/PRINCE PAL/Examiner, Art Unit 3735
Prosecution Insights