Notice of Pre-AIA or AIA Status
This is a first office action on the merits of application SN 18/664,667 and filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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.
Claims 12 and 14 are 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.
Regarding claim 12, the phrase “molded-in” renders the claim indefinite since it is unclear what the raised structure is molded into. While the body is plastic, the independent claim only recites a plastic material and nothing of how it is formed. The claim is a product by process claim. The product itself does not depend on the process of making it. The product-by-process limitation "molded" would not be expected to impart distinctive structural characteristics to the device/apparatus.
Regarding claim 14, the phrase "or the like" renders the claim(s) indefinite because the claim(s) include(s) elements not actually disclosed (those encompassed by "or the like"), thereby rendering the scope of the claim(s) unascertainable. See MPEP § 2173.05(d).
Claim Rejections - 35 USC § 103
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) 11-15 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent 2,673,700 to Eberhardt in view of US Patent 6,216,608 to Woods and US Patent 3,867,887 to Saodel.
Eberhardt teaches
11. A returnable cargo-bearing structure comprising: a body (1,2) having a cargo bed surface (1 as best seen in figure 1); a plurality of posts (13) having top ends (16); said posts being attached peripherally to the body and extending upwardly from the cargo bed surface (as best seen in figure 1); the posts having exposed bottom features underlying the cargo bed surface with sockets (3, 4, 8) located to receive therein the top ends of posts from an underlying and aligned second said cargo-bearing structure whereby multiples of said cargo-bearing structures can be stacked in an aligned and vertically spaced configuration (as best seen in figure 2 and 4);
Eberhardt does not expressly disclose the body is made from a durable plastic.
Woods teaches a pallet (10) formed of plastic decks boards (30), stringers (12), blocks (50), and other boards in various configurations as best seen in figures 1-12.
Before the effective filing date of the claimed invention it would have been obvious for a person of ordinary skill in the art to modify the pallet of Eberhardt by making the boards from plastic as taught by Woods for the pallet to be lighter and more durable.
Eberhardt in view of Woods does not expressly disclose a set of holes that are offset from the posts
Saodel teaches a pallet with legs/posts (12) that extend from the deck (11). The deck also includes other holes (14). As best seen in figures 6 and 7, legs/posts of an adjacent pallet extend through openings to create an offset arrangement. Before the effective filing date of the claimed invention it would have been obvious for a person of ordinary skill in the art to modify the pallet of Eberhardt in view of Woods by adding holes to the deck as taught by Saodel to stack to adjacent pallets with minimum height/space.
Regarding claim 12, Eberhardt teaches
12. wherein the body has molded- in raised corner structures (9 as best seen in figure 2 is raised portion in the corner that is considered integral since it is nailed with the pallet body) extending above said cargo bed surface configured to provide mounting locations for said posts wherein the posts extend through and above said corner structures (as best seen in figures 1 and 2).
Regarding claim 13, Eberhardt teaches
13. wherein the posts comprise a cylindrical metal pin (13) with a top and bottom wherein each pin has a first mounting flange (5 or 6, as best seen in figures 2 and 3) attached to the post at the bottom and second mounting flange (9 or 11) attached to the post midway between the top and bottom of the posts; the flanges being arranged in abutting contact with vertically spaced surfaces on the mold plastic body and secured to said surfaces in substantially permanent relationship therewith.
Regarding claim 14, Eberhardt teaches
14. further comprising backing plates (6 or 9) attached to the molded plastic bodies in juxta position relative to the mounting flanges and secured thereto by screws or the like (nails as best seen in figures 2 and 3).
Regarding claim 15, Eberhardt teaches
15. wherein the body is substantially rectangular and the posts are arranged at the corners thereof (as best seen in figure 1).
Regarding claim 17, Eberhardt combined with Woods and Saodel teaches
17. A returnable shipping structure comprising: a molded plastic body (body shape defined by Eberhardt 1, 2 and material is defined by Woods) defining a cargo loading deck; a plurality of posts (Eberhardt 13) mounted to and extending upwardly from the body at peripherally spaced locations; the body having first means (Eberhardt socket 3, 4, 8) for stacking two or more loaded bodies in an aligned and first vertically spaced relationship via said posts (as best seen in Eberhardt figure 4); and the body having second means (holes Saodel 14) for stacking two or more unloaded bodies in a staggered and a second vertically spaced relationship via said posts wherein said second vertically spaced relationship is less vertically spaced than said first relationship (Saodel figures 6 and 7).
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent 2,673,700 to Eberhardt in view of US Patent 6,216,608 to Woods and US Patent 3,867,887 to Saodel as applied to claims 11 and 12 above, and further in view of US Patent Publication SN 2014/0261102 to Kuo.
Eberhardt in view of Woods and Saodel discloses every element as claimed and discussed above except retainer bosses.
Kuo teaches a pallet with grooves (21) that receive retainer bosses (30) located along the periphery as best seen in figures 4 and 5. Before the effective filing date of the claimed invention it would have been obvious for a person of ordinary skill in the art to modify the pallet of Eberhardt in view of Woods and Saodel by adding grooves and retainer bosses as taught by Kuo to help hold items on the pallet.
Conclusion
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/TIMOTHY M AYRES/ Examiner, Art Unit 3637