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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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) 17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by KR 2004 7002703 (“KR ‘2703”). KR ‘2703 discloses a combination of a shipping container (containers to be transported by ship) and a lock device (lashing rods); wherein the shipping container has a corner casting (C-2), a length (H) and a width (W); wherein the length is greater than the width (fig. 7); and
wherein the lock device has a coupler (11) and a structure (12, 17) from which the coupler extends, wherein the coupler for engaging with the corner casting, and wherein the structure is a unitary structure (fig. 1) and is dimensioned to protrude from the shipping container (fig. 4) in a direction parallel to a width direction (W) of the shipping container when the coupler is engaged with the corner casting (fig. 7).
Allowable Subject Matter
Claims 1 – 3, 5 – 7, 9, 13, 15, 16, and 20 – 26 are allowed.
Claim 18 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is an examiner’s statement of reasons for allowance: Prior art references do not disclose or teach a combination of a shipping container and a lock device wherein¸ inter alia, [[claim 18]] an abutment portion is located laterally of the shipping container and is able to contact a further shipping container laterally adjacent the shipping container in use; or
[[claim 13]] the structure is a unitary structure. Closest prior art Behr could not be modified to be a unitary structure because twisting the parts relative to each other is necessary to lock in place within the corner casting. Further, the structure lacks the clearance and tolerance to be inserted fully into the corner casting had the piece been unitary.
Additionally, prior art references do not disclose the pin is fully insertable in the internal cavity of the corner casting. Each one discloses a projection outside of the internal cavity too large to be inserted fully inside the corner casting. Flanges, such as 20 in Kallaes, serve as buffers and support for the upper container between the containers.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 KAREN BECK whose telephone number is (571)272-6212. The examiner can normally be reached Monday - Thursday from 8:30AM - 4:00PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jason Shanske can be reached at 571-270-5985. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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KAREN BECK
Primary Examiner
Art Unit 3614
/KAREN BECK/ Primary Examiner, Art Unit 3614
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