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 Objections
Claims 1-22 are objected to because of the following informalities: The claim language includes item numbers, it is recommended that the applicant remove item numbers from the claims. For example, "The assembly (300) of" should read "The assembly of". 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.
Claim 21 is 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.
Claim 21 recites the limitation "a pan" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
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) 1-9 is/are rejected under 35 U.S.C. 102a(1) as being anticipated by Burchett (US 8898831 B1).
With respect to claim 1, Burchett discloses a container comprising: a base portion (12); and a support portion (20) movably-connected to the base portion, wherein each of the base portion and the support portion include a plurality of panels and members (as seen in figure 1), wherein the support portion includes an item retaining barrier (perimeter of 20), wherein the base portion forms a support portion receiving cavity configured for receiving the support portion .
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With respect to claim 2, Burchett discloses the container of claim 1, wherein the plurality of panels and members forming the base portion include at least a first leg member, a second leg member, and a shelf panel, wherein the first leg member, the second leg member, and the shelf panel form the support portion receiving cavity. (figure 1 and 1A)
With respect to claim 3, Burchett discloses the container of claim 2, wherein: a first side surface of the shelf panel is secured to an inner side surface of the first leg member (figure 1 and 1A); and a second side surface of the shelf panel is secured to an inner side surface of the second leg member(figure 1 and 1A), wherein the support portion receiving cavity is formed by: a lower side surface of the shelf panel; a portion of the inner side surface of the first leg member extending away from the lower side surface of the shelf panel; and a portion of the inner side surface of the second leg member extending away from the lower side surface of the shelf panel.
Examiner Note: “formed by” is broadly interpreted as “partially formed by” and does not include all members enclosing the cavity. For example, the back wall of the present invention is omitted from this interpretation.
With respect to claim 4, Burchett discloses the container of claim 2, wherein the plurality of panels and members forming the base portion further includes a roof panel (figure 1), wherein: an upper surface of the first leg member is secured to a lower surface of the roof panel near a first side surface of the roof panel; an upper surface of the second leg member is secured to the lower surface of the roof panel near a second side surface of the roof panel that is opposite the first side surface of the roof panel.
Examiner Note: Seeing the outer edge in figure 1 and 1A of the roof panel means that the first and second leg are secured to the lower surface of the roof panel.
With respect to claim 5, Burchett discloses the container of claim 1, wherein the plurality of panels and members forming the support portion include at least a support panel (figure 1) and at least one panel (22a, 22b) that forms the item retaining barrier connected to and extending from an inner surface of the support panel at a height.
With respect to claim 6, Burchett discloses the container of claim 5, wherein the at least one panel that forms the item retaining barrier includes: a first side panel (22a) having a lower surface that is secured to the inner surface of the support panel near a first side surface of the support panel; a second side panel (22b) having a lower surface that is secured to the inner surface of the support panel near a second side surface of the support panel; a first end panel (figure 1) having a lower surface that is secured to the inner surface of the support panel near a third side surface of the support panel; and a second end panel (figure 1) having a lower surface that is secured to the inner surface of the support panel near a fourth side surface of the support panel.
With respect to claim 7, Burchett discloses the container of claim 6, wherein the second side surface (22b) of the support panel is opposite the first side surface (22a) of the support panel, wherein the third side surface of the support panel is connected to a first end of the first side surface of the support panel and a first end of the second side surface of the support panel (as seen in figure 1), wherein the fourth side surface of the support panel is opposite the third side surface of the support panel, wherein the fourth side surface of the support panel is connected to a second end of the first side surface of the support panel and a second end of the second side surface of the support panel (as seen in figure 1).
With respect to claim 8, Burchett discloses the container of claim 1 further comprising: a first pivot pin and a second pivot pin (40 and 70 on left vs right side) that rotatably-connect the support portion to the base portion for permitting the support portion to be arranged in one of: a stowed orientation relative the base portion; and a deployed orientation relative the base portion.
With respect to claim 9, Burchett discloses the container of claim 8, wherein the first pivot pin (40 and 70 left side) extends through and is arranged within: a pivot pin passage (slot of 60) formed near a lower end of a member of the plurality of panels and members of the base portion; and a pivot pin passage (slot of 80) formed near a lower end of a panel of the plurality of panels and members of the support portion, wherein the second pivot pin (40 and 70 right side) extends through and is arranged within: a pivot pin passage (slot of 60) formed near a lower end of another member of the plurality of panels and members of the base portion; and a pivot pin passage (slot of 80) formed near a lower end of another panel of the plurality of panels and members of the support portion.
Claim(s) 1 and 10-14 is/are rejected under 35 U.S.C. 102a(1) as being anticipated by Colombo (US 20120060279 A1).
With respect to claim 1, Colombo discloses a container comprising: a base portion (3); and a support portion (2) movably-connected to the base portion, wherein each of the base portion and the support portion include a plurality of panels and members (inherent), wherein the support portion includes an item retaining barrier (perimeter of 2), wherein the base portion forms a support portion receiving cavity configured for receiving the support portion .
With respect to claim 10, Colombo discloses the container of claim 1 further comprising: at least one damper (mechanism as depicted in figure 6) connected to one or both of the base portion and the support portion for one or both of: resisting movement of the support portion relative the base portion in a first direction; and assisting movement of the support portion relative the base portion in a second direction opposite the first direction.
With respect to claim 11, Colombo discloses the container of claim 10, wherein the damper includes: a first portion connected to the base portion, wherein the first portion of the damper includes: a hydraulic arm (24) including a first end connected to the base portion; a first wheel guide track (8) connected to the base portion; and a second wheel guide track (top portion of 9) connected to the base portion.
With respect to claim 12, Colombo discloses the container of claim 11, wherein the second wheel guide track (top portion of 9) is arranged substantially perpendicularly with respect to the first wheel guide track (8).
With respect to claim 13, Colombo discloses the container of claim 12, wherein the damper further includes: a second portion connected to the support portion, wherein the second portion of the damper includes: a first bracket-mounted wheel (11) connected to the support portion, wherein the first bracket-mounted wheel (11, able to pivot) is movably-disposed within the first wheel guide track (8) of the first portion of the damper; a second bracket-mounted wheel (14) connected to the support portion, wherein the second bracket-mounted wheel is movably-disposed within the second wheel guide track (top portion of 9) of the first portion of the damper; and a hydraulic arm bracket connected to the support portion (bottom of 24, fastener), wherein the hydraulic arm bracket is connected to a second end of the hydraulic arm of the first portion of the damper .
Examiner Note: The present application uses the term bracket-mounted wheel as nomenclature. For example, the brackets of the current invention rely on multiple wheels and do not use a singular wheel.
With respect to claim 14, Colombo discloses the container of claim 13, wherein the first bracket-mounted wheel (11) is movably- disposed within first wheel guide track in a first direction , wherein the second bracket- mounted wheel (14) is movably-disposed within second wheel guide track in a second direction, wherein the first direction is substantially perpendicular to the second direction.
Examiner Note: The pivot 11 can rotate in a first direction, that is considered perpendicular to the direction of the second bracket-mounted wheel (downwards).
Claim(s) 15-17 is/are rejected under 35 U.S.C. 102a(1) as being anticipated by Grubb (US 20160058196 A1).
With respect to claim 15, Grubb discloses an assembly including: a container including a base portion and a support portion (figure 3 below) movably-connected to the base portion, wherein each of the base portion and the support portion include a plurality of panels and members (inherent), and wherein the support portion includes an item retaining barrier (outer perimeter of support portion), wherein the base portion (fig 3) forms a support portion receiving cavity configured for receiving the support portion; and at least one item (200) supported by the support portion and retained by the item retaining barrier .
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With respect to claim 16, Grubb discloses the assembly of claim 15, wherein the at least one item is a pillow .
With respect to claim 17, Grubb discloses the assembly of claim 16, wherein the pillow is defined by a thickness extending between a top surface of the pillow and a bottom surface of the pillow, wherein the item retaining barrier of the support portion is defined by a height dimension that is approximately equal to the thickness of the pillow.
Claim(s) 15 and 18-22 is/are rejected under 35 U.S.C. 102a(1) as being anticipated by Murray (US 20230309504 A1).
With respect to claim 15, Murray discloses an assembly including: a container including a base portion (104) and a support portion (figure 7 below) movably-connected to the base portion, wherein each of the base portion and the support portion include a plurality of panels and members (inherent), and wherein the support portion includes an item retaining barrier (outer perimeter of support portion), wherein the base portion (104) forms a support portion receiving cavity configured for receiving the support portion; and at least one item (102) supported by the support portion and retained by the item retaining barrier .
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With respect to claim 18, Murray discloses the assembly of claim 15, wherein the at least one item is a knock-down housing (102, 106, 110, 112).
With respect to claim 19, Murray discloses the assembly of claim 18, wherein the knock-down housing is defined by a collapsed orientation height (figure 8), wherein the item retaining barrier of the support portion is defined by a height dimension that is approximately equal to the collapsed orientation height of the knock-down housing. (as seen in figure 8)
With respect to claim 20, Murray discloses the assembly of claim 19, wherein the knock-down housing is defined by an expanded orientation height (figure 1), wherein the height dimension of the item retaining barrier that is less than the expanded orientation height of the knock-down housing.
With respect to claim 21, Murray discloses the assembly of claim 15, wherein the at least one item further includes a pan (130) interfaced with the knock-down housing.
With respect to claim 22, Murray discloses the assembly of claim 21, wherein the at least one item further includes a pillow interfaced with the knock-down housing. (page 2 [0031])
Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US-8898831-B1 OR US-5033134-A OR US-8245874-B1 OR US-4798284-A OR US-8566980-B2 OR US-7937787-B2 OR US-5036558-A OR US-5978988-A OR US-20230309504-A1 OR US-20200281366-A1 OR US-20120060279-A1 OR US-20250256889-A1 OR US-20170265430-A1 OR US-20070000853-A1 OR US-20160058196-A1 OR US-20080060130-A1 OR US-20060021135-A1 OR US-3550167-A OR US-0153092-A OR US-0390805-A OR US-0451492-A OR US-0564404-A OR US-2528307-A OR US-20080163421-A1
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SYMREN K SANGHERA whose telephone number is (571)272-5305. The examiner can normally be reached Mon - Fri.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anthony Stashick can be reached on (571)272-4561. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SYMREN K SANGHERA/Examiner, Art Unit 3735
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