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 .
This is the First Office action on the Merits from the examiner in charge of this application.
Election/Restrictions
Applicant’s election without traverse of Species V, Figs. 12-16 in the reply filed on 11/18/2025 is acknowledged.
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) 1-3, 7, 10, 12-13, 16-17, and 25-28 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by NZ 534456 to Lucas et al (hereinafter Lucas).
Lucas discloses (Claim 1). A pallet 7 comprising (such as shown in Figs. 1-4): a deck 7a; a plurality of columns 19 supporting the deck 7a; and a cover 1a removably secured over an opening 9a in one of the plurality of columns 19, wherein the opening 9a leads to a recess for receiving an electronic device 4; (Claim 2). The pallet 7 of claim 1 further including an electronic device 4 in the recess; (Claim 3). The pallet of claim 1 wherein a housing 1a includes the cover and further includes a body portion 1b defining the recess; (Claim 7). The pallet of claim 3 wherein the cover is removably secured to the body portion 1b; (Claim 10). The pallet of claim 1 wherein the opening 9a is in one of the plurality of columns 19; (Claim 12). The pallet of claim 10 wherein the one of the plurality of columns 19 includes an exterior wall (support surface 18) and wherein the opening is a first opening through the exterior wall of the one of the plurality of columns 19; (Claim 13). The pallet of claim 12 wherein the one of the plurality of columns 19 further includes a second opening 9b through the exterior wall opposite the first opening 9a, the pallet further including a cartridge 1b inserted through the second opening and secured to the cover over the first opening; (Claim 16). The pallet of claim 1 wherein the pallet 7 includes runners (having ground-engaging surface 17 thereon such as shown in Figs. 3-4) connecting lower ends of the plurality of columns 19; (Claim 17). A pallet 7 comprising: a deck 7a; a plurality of columns 19 supporting the deck 7a; a cover removably secured over an opening 9a leading to a recess within one of the plurality of columns 19; and an electronic device 4 received in the recess within the one of the plurality of columns 19; (Claim 25). The pallet of claim 13 further including an electronic device 4 received in the cartridge 1b, wherein the cover is removably fastened to the cartridge 1b through the second opening; (Claim 26). The pallet of claim 17 wherein the one of the plurality of columns 19 includes first and second openings 9a, 9b through opposing exterior walls 18,17 thereof, the recess being defined within a cartridge 1b that extends through the second opening, and wherein the cover is removably secured to the cartridge 1b over the first opening; (Claim 27). The pallet of claim 26 wherein the cartridge 1b is laterally insertable through the second opening and the cover is fastened to the cartridge 1b from an opposite side of the one of the plurality of columns 19; (Claim 28). The pallet of claim 27 wherein the electronic device 4 is pre-installed in the cartridge 1b prior to insertion of the cartridge 1b into the one of the plurality of columns 19.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 14 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lucas in view of JP 2022047749 to Sumida et al (hereinafter Sumida).
Lucas discloses all the elements as discussed above including the limitations in Claim 14 of an electronic device 4 received in the cartridge 1b. The differences being that Lucas fails to clearly disclose the limitations in (i) Claim 14 of the electronic device including a battery; and (ii) Claim 18.
However, Sumida discloses a pallet 1 comprising: a deck 4; a plurality of columns 2,3 supporting the deck 4; a cover 31 removably secured over an opening in one of the plurality of columns, wherein the opening leads to a recess for receiving an electronic device 21; wherein the electronic device 21 includes a battery. Further, Lucas discloses (page 8, lines 7-8) that its electronic device can be modified as needed, and it is well-known in the art that a modifiable electronic device is an active RFID tag which is powered by an internal battery.
Therefore, it would have been obvious and well within the level of one skilled in the art, in view of Sumida, to modify Lucas to include the limitations in (i) Claim 14 of the electronic device including a battery; and (ii) Claim 18 of wherein the electronic device includes a battery with a reasonable expectation of success in order to increase the overall versatility of the pallet.
Claim(s) 19-20, and 22-24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lucas.
Lucas discloses a pallet 7 comprising (such as shown in Figs. 1-4): a deck 7a; a plurality of columns 19 supporting the deck 7a; and a cover 1a removably secured over an opening 9a in one of the plurality of columns 19, wherein the opening 9a leads to a recess for receiving an electronic device 4; wherein the recess is defined within a cartridge 1b positioned inside one of the plurality of columns 19, the one of the plurality of columns 19 having first and second openings 9aa, 9b on opposite sides thereof. Further, Lucas discloses (page 8, lines 7-8) that its electronic device can be easily remove, modified, add or replace as needed. The differences being that Lucas fails to clearly disclose the method steps recited therein.
However, since Lucas discloses all the structural elements recited in the above listed claims as well as its electronic device can be easily remove, modified, add or replace as needed, it would have been obvious and well within the level of one skilled in the art that Lucas can perform the method steps recited therein.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosures, and all show structures similar to various elements of applicant’s disclosure.
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HVT
December 3, 2025
/HANH V TRAN/Primary Examiner, Art Unit 3637