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 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 2, 4-6, 9, 11-13, 19-21 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Kilpatrick (U.S. Pat. No. 5355812).
With respect to claim 1, Kilpatrick discloses a pallet formed from a plurality of layers of sheeting, the pallet comprising: one or more upper liner layers of sheeting (Fig. 1, upper deck 12 formed by a sheet of corrugated paperboard); two or more feet (outer stringers 14); a lower supporting layer of sheeting (lower deck 16 formed by a sheet of corrugated paperboard) including a plurality of foldable flaps (side flaps 18); wherein, the foldable flaps (18) are adapted to locate and hold the feet (14) between the lower supporting layer and the upper liner layers (Col. 3, lines 8-11, “Each side flap 18 of the … lower deck 16, is secured adhesively to the outer panel 22 of one of the outer stringers 14,” and stringers 14 are shown in Fig. 1 positioned between upper deck 12 and lower deck 16).
With respect to claim 2, Kilpatrick further discloses wherein the foldable flaps (18) are adapted to fold beside an outer side wall of one or more of the feet (left and right side flaps 18 are situated beside outer panels 22 of left and right outer stringers 14).
With respect to claim 4, Kilpatrick further discloses wherein the foldable flaps (18) are configured to extend along at least part of, and be joinable to, the feet (Col. 3, lines 8-11, “Each side flap 18 of the … lower deck 16, is secured adhesively to the outer panel 22 of one of the outer stringers 14”).
With respect to claim 5, Kilpatrick further discloses wherein the feet (outer stringers 14) each comprise a folded sheet (Fig. 1, outer stringers 14 are made of folded panels 22, 24, 26, 28, 30, 32, and 34).
With respect to claim 6, Kilpatrick further discloses wherein the folded feet sheets (outer stringers 14 made up of folded panels 22, 24, 26, 28, 30, 32, and 34) each include a segment that extends diagonally (diagonal panel 32) in a region between the lower supporting layer (lower deck 16) and the upper liner layers (upper deck 12), in front view.
With respect to claim 11, Kilpatrick further discloses wherein the feet (outer stringers 14) are formed from fluted sheeting and crease lines in the sheeting for forming the segments thereof are transverse to a flute direction of the fluted sheeting (Col. 4, lines 10-13, “each of the three sheets noted above is folded along parallel folding lines extending in a transverse direction relative to flutes of the single sheet of corrugated paperboard”).
With respect to claim 12, Kilpatrick further discloses wherein the sheeting comprises fluted sheeting (Col. 4, lines 6-8, “each of the three sheets noted above is folded from a single sheet of double wall, corrugated paperboard”) that includes recesses, channels, patterned formations and/or corrugations in the flute (Col. 4, lines 8-11, “each of the three sheets noted above is folded along parallel folding lines” which are patterns formed in the sheets, and corrugated layers of double walled corrugated paperboard inherently include recesses, channels, and repeated arc patterns).
With respect to claim 13, Kilpatrick further discloses wherein there are at least two upper liner layers (Col. 4, lines 6-8, “each of the three sheets noted above is folded from a single sheet of double wall, corrugated paperboard”) and the recesses, channels, patterned formations and/or corrugations in a first upper liner layer (corrugation within an upper layer of double wall, corrugated paperboard) are offset from a second upper liner layer (corrugation within a lower layer of double wall, corrugated paperboard).
With respect to claim 19, Kilpatrick further discloses wherein internal diagonal segment(s) of the foot (left diagonal panel 32 of left outer stringer 14), or feet, on a first side of the pallet extend in a first diagonal direction (left diagonal panel 32 extends upwardly from left to right), and internal diagonal segment(s) of the foot (right diagonal panel 32 of right outer stringer 14), or feet, on a second side of the pallet extend in a second diagonal direction opposite to the first diagonal direction (right diagonal panel 32 extends upwardly from right to left, mirroring the left diagonal panel 32).
With respect to claim 20, Kilpatrick further discloses wherein each of the upper liner layer(s) (upper deck 12), the supporting layer(s) (lower deck 16), and the feet (outer stringers 14) are formed by the same type of sheeting (Col. 4, lines 6-8, “each of the three sheets noted above is folded from a single sheet of double wall, corrugated paperboard”).
With respect to claim 21, Kilpatrick discloses a method of manufacturing a pallet, the method including the following steps: Forming a deck comprising one or more upper liner layers (Col. 2, lines 38-39, “A first sheet of corrugated paperboard defines a first or upper deck 12”); Forming a plurality of feet (Col. 2, lines 39-4, “upper deck 12… is folded to form two outer stringers 14”); Forming a lower supporting layer (Col. 2, lines 43-44, “A second sheet of corrugated paperboard defines a second or lower deck 16”), wherein the lower supporting layer includes a plurality of foldable flaps (side flaps 18) adapted to locate and hold the feet (outer stringers 14) between the lower supporting layer (lower deck 16) and the upper liner layers (upper deck 12); Joining the plurality of feet (outer stringers 14) to the lower supporting layer (Col. 3, lines 8-11, “Each side flap 18 of the … lower deck 16, is secured adhesively to the outer panel 22 of one of the outer stringers 14”); Joining the deck (upper deck 12) to the plurality of feet (Col. 3, lines 1-3, “The outwardly extending panel 28 of each outer stringer 14 is secured adhesively to the first or upper deck 12”).
Claims 1, 3, 5-8, 10, 14, and 21 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Perkins (U.S. Pat. No. 5660119).
With respect to claim 1, Perkins discloses a pallet formed from a plurality of layers of sheeting, the pallet comprising: one or more upper liner layers of sheeting (Fig. 1, upper sheet 12); two or more feet (lightweight beams 16); a lower supporting layer of sheeting (lower sheet 14) including a plurality of foldable flaps (alignment tabs 17); wherein, the foldable flaps (17) are adapted to locate and hold the feet (16) between the lower supporting layer and the upper liner layers (Col. 3, lines 22-24, “Each alignment tab 17 folds into the pallet to grip the side of a lightweight beam 16”, providing both “locating” and “holding” functions as further discussed in the Response to Arguments below).
With respect to claim 3, Perkins further discloses wherein one or more of the foldable flaps (alignment tabs 17) are cut out of the lower supporting layer (Col. 3, lines 21-22, “a plurality of alignment tabs 17, formed in the upper and lower sheets 12 and 14 by a die-cutting process”).
With respect to claim 5, Perkins further discloses wherein the feet (lightweight beams 16) each comprise a folded sheet (Fig. 4, cardboard 30 is folded into lightweight beam 16 as shown in Fig. 5).
With respect to claim 6, Perkins further discloses wherein the folded feet sheets (cardboard 30 folded into lightweight beam 16) each include a segment that extends diagonally (Fig. 5, diagonal panel 24) in a region between the lower supporting layer (lower sheet 14) and the upper liner layers (upper sheet 12), in front view.
With respect to claim 7, Perkins further discloses wherein feet sheets (cardboard 30 folded into lightweight beam 16) each include a plurality of rectangular segments (Fig. 4 shows cardboard 30 made up of several rectangular structural panels 22, 44, 42, 40, 38, 36, and 24), one of which comprises a back-folded segment folded in a first direction (Fig. 5, panel 36 is folded downward direction at the crease between panels 36 and 24), and another segment (diagonal panel 24) adjacent to the back-folded segment (36) which is folded in a second direction that is opposite to the first direction (diagonal panel 24 is folded upward at the crease between panels 24 and 38).
With respect to claim 8, Perkins further discloses wherein all segments in each of the feet sheets (panels 24, 38, 40, 42, 44, 46), except for the back-folded segment (panel 36), are folded in the second direction (after folding panel 36 in a forward/downward direction, the remaining panels are folded/rolled in the opposite direction as shown in Fig. 5).
With respect to claim 10, Perkins further discloses wherein side walls of the feet (lightweight beams 16) comprise at least two layers of segments (Fig. 5, left side wall is formed by panels 36 and 42, right side wall is formed by panels 38 and 46).
With respect to claim 14, Perkins further discloses wherein each foot (lightweight beam 16) comprises an elongate rectangular prism (Fig. 3, lightweight beam 16 is an elongate rectangular prism), and wherein the foldable flaps (alignment tabs 17) are formed in pairs of folding flaps (Fig. 2 shows an upper pair of alignment tabs 17 and a lower pair of alignment tabs 17).
With respect to claim 21, Perkins further discloses a method of manufacturing a pallet, the method including the following steps: Forming a deck comprising one or more upper liner layers (upper sheet 12, formed from corrugated cardboard); Forming a plurality of feet (lightweight beams 16 are folded from cardboard 30); Forming a lower supporting layer (lower sheet 14, formed from corrugated cardboard), wherein the lower supporting layer (14) includes a plurality of foldable flaps (alignment tabs 17) adapted to locate and hold the feet (16) between the lower supporting layer (14) and the upper liner layers (12); Joining the plurality of feet (16) to the lower supporting layer (Col. 2, lines 58-61, “The pallet 10 is constructed by attaching lower surfaces of the lightweight beams 16 to an upper surface 18 of the lower sheet 14, typically using an adhesive such as glue”); Joining the deck to the plurality of feet (Col. 2, lines 62-64, “The upper surfaces of the lightweight beams 16 are attached to the lower surface 20 of the upper sheet 12 in a similar manner”).
Claims 1 and 16-18 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Herbeck (U.S. Pat. No. 10246219).
With respect to claim 1, Herbeck discloses A pallet formed from a plurality of layers of sheeting, the pallet comprising: one or more upper liner layers of sheeting (Fig. 18, top blank 402); two or more feet (Figs. 18 and 19, first external edge support 456 for forms a foot by folding wall 460 and side panels 462, Fig. 23 shows 456 is located on both the front and back of the pallet); a lower supporting layer of sheeting (bottom blank 404) including a plurality of foldable flaps (Fig. 23, left and right internal edge supports 457 each made up of wall panels 473A, 473B); wherein, the foldable flaps (left and right internal edge supports 457) are adapted to locate and hold the feet (Fig. 19, wall panels 473A, 473B of internal edge supports 457 fold over side panels 462 of the first external edge support 456) between the lower supporting layer (bottom blank 404) and the upper liner layers (upper blank 402).
With respect to claim 16, Herbeck further discloses wherein one or more of the foldable flaps are bi-folding flaps (internal edge supports 457 have two folds at panels 473A, 473B), including a first crease adapted to fold near a lower part of a foot (Fig. 19, crease between panel 473A and lower blank 404), and a second crease adapted to fold near a top part of the foot (crease between panel 473B and 473A).
With respect to claim 17, Herbeck further discloses wherein the bi-folding flaps (internal edge supports 457) include a first section (panel 473A) adapted to extend vertically and perpendicular to a horizontal plane of the lower supporting layer (Fig. 19, panel 473A is vertical and perpendicular to horizontal plane of lower blank 404), and a second section (panel 473B) adapted to extend horizontally and parallel to the horizontal plane of the lower supporting layer (Fig. 19, panel 473B is horizontal and parallel to the horizontal plane of lower blank 404); the first section (panel 473A) being adapted to be connected to an outer vertical side wall of the feet (Fig. 19, panel 473A is connected to vertical side wall 462 of first external edge support 456); and the second section (panel 473B) being adapted to be connected to a lowermost upper liner layer (Col. 14, lines 18-21, “top and bottom blanks 402, 404 are secured together by connecting the interior surface 418 of the top blank 402 to the exterior surface 420 of the bottom blank 404”, the panel 473B is an exterior surface of bottom blank 404 rotated to be directly beneath interior surface 418 of top blank 402).
With respect to claim 18, Herbeck further discloses wherein the foldable flaps (internal edge supports 457) are located on the lower supporting layer (404) such that, when folded, they provide an opening in the lower supporting layer (Fig. 22, interior apertures 414 which become larger after folding internal edge supports 457 as shown in Fig. 23A) configured to receive a wheel of a pallet lifting tyne (Col. 14, lines 33-35, “fork passages 406 may be sized to receive one or more tines from a pallet jack or other lifting mechanism” and apertures 414 as shown in Fig. 19 are capable of receiving a wheel of the tine).
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 9 is rejected under 35 U.S.C. 103 as being unpatentable over Perkins (U.S. Pat. No. 5660119) in view of Kilpatrick (U.S. Pat. No. 5355812).
With respect to claim 9, Perkins discloses the limitation set forth above. Pekins further discloses wherein a plurality of the folded rectangular segments of the folded rectangular segments (panels 36 and 42) are adhered to each other (Col. 5, lines 59-61, “securable panel 36 may alternatively be held in place by providing adhesive between contacting surfaces of the securable panel 36 and the third structural panel 42”).
Perkins fails to disclose the foldable flaps are joined to the liner layer and/or to the feet by adhesion.
Kilpatrick discloses foldable flaps (side flaps 18) are joined to the liner layer and/or to the feet (outer stringers 14) by adhesion (Col. 3, lines 8-11, “Each side flap 18 of the second sheet… is secured adhesively to the outer panel 22 of one of the outer stringers 14”).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the pallet of Perkins such that the alignment tabs are secured to the beams by adhesion, such as taught by Kilpatrick, in order to permanently secure the side-supporting tabs to the sides of the beams, preventing unwanted disassembly of the pallet.
Response to Arguments
Applicant's arguments filed 2/12/2026 have been fully considered but they are not persuasive.
35 U.S.C. § 102(a)(2) Rejections
Applicant has directed emphasis toward the Claim 1 limitation “wherein the foldable flaps are adapted to locate and hold the feet between the lower supporting later and the upper lined layers”, stating that the foldable flaps (650, 652) function to secure and locate the feet/beams in position and provide a means for attaching to the upper layer. Applicant defines “locating the feet” as “assisting in the alignment of the feet”. Applicant further defines “holding the feet” as “aiding in retention and supporting of the feet”.
Perkins (U.S. Pat. No. 5660119)
Applicant argues that Perkins’ alignment tabs 17 provide an alignment (“locating”) function, but “do not provide any significant strength or location support”. The examiner notes that the neither the language of claim 1 “the foldable flaps are adapted to locate and hold the feet” nor the language of the specification define or require any specific threshold of strengthening or durability.
Applicant further argues that the foldable flaps of the present invention “contact and hold the feet at multiple points of contact per flap”. Referencing Fig. 1, beam 21 is contacted by the vertical portions of flaps 50 and 61 on the front of end and the back end of the beam for a total of four vertical contact points between the flaps and a single beam. Perkins similarly teaches front-end and back-end tabs (Figs. 1 and 2) on both the top and the bottom of each beams, for a total of eight vertical contact points between the flaps and a single beam.
In any case, Perkins teaches alignment tabs 17 which provide a “locating” or alignment function as stated in Col. 3, lines 31-34, “The alignment tabs 17, which have been folded into the pallet 10 align the sides of the lightweight beam 16, maintaining the lightweight 16 in the desired position within the pallet 10.” The alignment tabs 17 further provide a “holding” function as stated in Col. 3, lines 22-24, “Each alignment tab 17 folds into the pallet to grip the side of a lightweight beam 16”. Gripping, by definition, is a “firm hold or grasp” upon an object. Referencing Fig. 2, in the instance that the pallet is assembled and picked up by the lower sheet 14, the pallet could be shaken or tilted to some degree and the alignment tabs 17 would abut the lightweight beam 16, effectively holding the beam in place. Therefore, Perkins teaches foldable tabs that both locate and hold the feet, disclosing all the limitations of Claim 1.
Applicant further argues that “the sophistication and complexity of the foldable flaps of the present invention represent an inventive improvement over Perkins” stating that the alignment tables of Perkins are smaller, less robust, and affect only one beam at a time. However, Applicant's arguments fail to comply with 37 CFR 1.111(b) because they amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the reference.
Herbeck (U.S. Pat. No. 10246219)
Applicant argues that Herbeck “does not disclose nor suggest the dual purpose feature of both locating and holding the feet.” Herbeck teaches feet (Figs. 18 and 19, a first external edge support 456 forms a foot by folding wall 460 and side panels 462, Fig. 23 shows 456 is located on both the front and back ends of the pallet, resulting in a plurality of feet) and foldable flaps (Figs. 19 and 23, left and right internal edge supports 457 each made up of wall panels 473A and 473B).
The foldable flaps (internal edge supports 457) “locate” or align the feet (external edge support 456) as stated in Col. 21, lines 28-31, “at least portions of the side panels 462 of the second external edge supports 456 may be positioned within the space defined between the first, second, and third wall panels 473A, 473B, 473C of the second internal edge support 457.” The foldable flaps (internal edge supports 457) additionally “hold” the feet (external edge support 456) as stated in Col. 21, lines 34-36, “the side panels 462 of the second external edge supports 456 are sandwiched at least between the first and third wall panels 473A, 473C”. The foldable flaps (internal edge supports 457) are further provided with several locking tab features for holding the external edge supports 456 in place such as tabs 491 with apertures 493 (Col. 21, lines 58-64, “a tab 491 may be defined on the side panels 462 of the second external edge supports 456 for receipt within a corresponding aperture 493 defined within the second wall panel 473B of the second internal edge support 457 to further lock the second external edge supports 456 and the second internal edge supports 457 together”). Therefore, Herbeck teaches all the limitations of Claim 1.
Kilpatrick (U.S. Pat. No. 5355812)
The Examiner notes that the Remarks (dated 2/12/2026) do not include any argument or discussion related to the Kilpatrick reference and does not explain how the claims avoid the reference or distinguishes from it.
Kilpatrick teaches feet (outer stringers 14) and foldable flaps (side flaps 18) which both locate/align the feet (Fig. 1, outer stringers 14 abut side flaps 18 in total alignment) as well as hold the feet (Col. 3, lines 8-11, “Each side flap 18 of the second sheet… is secured adhesively to the outer panel 22 of one of the outer stringers 14). Therefore, Kilpatrick teaches all the limitations of Claim 1.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELIZABETH IRENE ARTALEJO whose telephone number is (571)272-4292. The examiner can normally be reached M-F 8-6.
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/E.I.A./Examiner, Art Unit 3637