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
All claims are rejoined.
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) 1, 2, 4, 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mitsui (JP 2011205780 A) in view of Yabushita (US 20210155146 A1)
Mitsui discloses device (figs 1-5) cargos (20s including 20a, 20b), base (adjacent 25 with an upper surface being the top side), engaging and engaged portions (adjacent 21 and portions contacting between the elements), multiple cargos with different heights (as shown with 20a, 20b as for example in fig 3, 4), configured to stack (capable of performing the above intended use, as for example shown in figs 3, 4, 5).
With respect to the engaged portions and engaging portions being on the combination of the surfaces of top and bottom of cargo and also top of base member, the Office notes that Yabushita discloses the above as shown in figs 1-13, and adjacent 250, 14). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify Mitsui in view of Yabushita (by ensuring all of the above surfaces have engaged and engaging portions) in order to provide that the contents are secured more effectively thereby protecting the contents.
The Combined Reference further discloses panel member (adjacent 22 as in Mitsui and Yabushita further discloses connector 14/250). The Office notes that Applicant has used the “if” language in claims 4 and 5, and therefore the structure is not required.
Potentially Allowable Subject Matter
Claims 3, 6-16 are objected to as being dependent upon a rejected base claim, but would be potentially allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW D PERREAULT whose telephone number is (571)270-5427. The examiner can normally be reached Monday - Friday 7:00am-5:30pm.
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/ANDREW D PERREAULT/Primary Examiner, Art Unit 3735