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) 11 and 12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Campbell et al. U.S. 10,155,621 (“Campbell”). Campbell discloses a method of lashing (column 1, line 23) a shipping container (column 1, line 24) to a support (column 2, line 1), the method comprising:
connecting a first end of a lashing cable (abstract) to a corner casting of the shipping container (3); and
then placing the shipping container on top of a stack of other shipping containers (column 1, line 36).
In reference to claim 12, Campbell further discloses comprising connecting a second end of the lashing cable to the support (cleat 8).
Claim(s) 13 – 15 and 17 - 19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by P. Behr, DE 10044141 (“Behr”). Behr discloses a lock device (abstract) for locking together first and second shipping containers in a stack (abstract; page 1, first paragraph of Description), the lock device comprising:
first and second couplers (15, 16) for engaging with respective corner castings of the first and second shipping containers when the first shipping container (11) is stacked on top of the second shipping container; and
a structure (10) from which the first and second couplers extend, wherein the structure is dimensioned so as to have an abutment portion (14, 19) that is located laterally of the first and/or second shipping container when the first shipping container is stacked on top of the second shipping container and the first and second couplers are engaged with the respective corner castings, whereby the abutment portion is able to contact one or more further shipping containers laterally adjacent the first and/or second shipping container in use (fig. 5).
In reference to claims 14 and 15, Behr further discloses [[claim 14]] the structure is a unitary structure (fig. 3); and
[[claim 15]] wherein the structure comprises a main body (10), and the abutment portion comprises a first abutment part (25) extending from a first side of the main body (fig. 1) and a second abutment part (26) extending from a second side of the main body (fig. 1, 2) opposite from the first side of the main body, whereby the first abutment part is located laterally of the first shipping container and the second abutment part is located laterally of the second shipping container, when the first shipping container is stacked on top of the second shipping container and the first and second couplers are engaged with the respective corner castings (fig. 4).
In reference to claim 17, Behr discloses a combination of a shipping container and a lock device (page 2, first paragraph beginning with “But there are also …”), wherein the shipping container has a corner casting (corner fittings), a length (horizontally in fig. 4, or vertically in fig. 5)) and a width (vertically in fig. 4, or horizontally in fig. 5), wherein the length is greater than the width; and
wherein the lock device has a coupler (10) and a structure (24 or 25) from which the coupler extends, wherein the coupler is for engaging with the corner casting, and wherein the structure is dimensioned to protrude from the shipping container in a direction (horizontally) parallel to a width direction of the shipping container (fig. 4 and 5) when the coupler is engaged with the corner casting; and
[[claim 18]] wherein the structure is dimensioned so as to have an abutment portion (24, 25) that is located laterally of the shipping container when the coupler is engaged with the corner casting, whereby the abutment portion is able to contact a further shipping container (11, 110 via 24, 25) laterally adjacent the shipping container in use.
In reference to claim 19, Behr discloses a vessel (19) comprising:
(iv) a lock device (page 2, first paragraph beginning with “ But there are also…”) for locking together first and second shipping containers in a stack (11, 110), the lock device comprising:
first and second couplers (15, 16)for engaging with respective corner castings of the first and second shipping containers when the first shipping container is stacked on top of the second shipping container; and
a structure (14) from which the first and second couplers extend, wherein the structure is dimensioned so as to have an abutment portion that is located laterally of the first and/or second shipping container when the first shipping container is stacked on top of the second shipping container and the first and second couplers are engaged with the respective corner castings, whereby the abutment portion is able to contact one or more further shipping containers laterally adjacent the first and/or second shipping container in use (11, 110), or
(v) a combination of a shipping container and a lock device (page 2, first paragraph beginning with “But there are also …”), wherein the shipping container has a corner casting (12), a length (vertically in fig. 4 or 5) and a width (horizontally in fig. 4 and 5), wherein the length is greater than the width; and wherein the lock device has a coupler (15, 16) and a structure (14) from which the coupler extends, wherein the coupler (15, 16) is for engaging with the corner casting, and wherein the structure (14) is dimensioned to protrude from the shipping container in a direction parallel to a width direction of the shipping container (horizontally in fig. 4 or 5) when the coupler is engaged with the corner casting.
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, 3, and 5 - 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kallaes et al. U.S. 4,249,840 (“Kallaes”) in view of J. Wolff, U.S. 2019/0376303 (“Wolff”). Kallaes discloses a pin structure (abstract) for use in lashing a shipping container (column 1, line 34) to a support (column 1, line 44), the pin structure having a base (one of 6 or 14) and a projection (20 and the other one of 6, 14) extending from the base, wherein the pin structure is insertable into an internal cavity of a shipping container corner casting (4, 4’) and is thereafter manipulatable so that the projection extends to an exterior of the corner casting via an aperture (fig. 1) through a wall of the corner casting (4, 4’) while the base remains in the internal cavity. Kallaes does not directly disclose the shipping container corner casting as compliant with ISO 1161:2016. Wolff teaches using a shipping container corner casting compliant with ISO 1161:2016 (claim 12). One of ordinary skill in the art prior to the effective filing date of the claimed invention would find modifying Kallaes such that it comprised the shipping container corner casting compliant with ISO 1161:2016 in view of the teachings of Wolff obvious so as to provide an understructure compliant with the requirements of the latest International Standard to insure modular elements at the corner posts (claim 12).
In reference to claim 3, Kallaes in view of Wolff further discloses the pin structure comprising a retainer (7) removably attached to the projection (6) to aid retention of a lashing cable (2) on the projection.
In reference to claim 5, Kallaes discloses a shipping container lashing system (column 1, line 34) for lashing a shipping container (column 2, line 29) to a support (column 2, line 62), the shipping container lashing system comprising:
a pin structure (fig. 1) having a base (14) and a projection (20, 6) extending from the base, wherein the pin structure is insertable into an internal cavity of the shipping container corner casting (4) and is thereafter manipulatable so that the projection extends to an exterior of the corner casting (fig. 1) via an aperture (3, fig. 1) through a wall of the corner casting (fig. 1) while the base remains in the internal cavity; and
a lashing cable (2) for connection between the support and the projection of the pin structure when the projection extends to the exterior of the corner casting via the aperture through the wall of the corner casting while the base remains in the internal cavity. Kallaes does not directly disclose the shipping container corner casting as compliant with ISO 1161:2016. Wolff teaches using a shipping container corner casting compliant with ISO 1161:2016 (claim 12). One of ordinary skill in the art prior to the effective filing date of the claimed invention would find modifying Kallaes such that it comprised the shipping container corner casting compliant with ISO 1161:2016 in view of the teachings of Wolff obvious so as to provide an understructure compliant with the requirements of the latest International Standard to insure modular elements at the corner posts (claim 12).
In reference to claims 6 and 7, Kallaes in view of Wolff further discloses [[claim 6]] wherein the lashing cable has a length of at least 12 metres. Wolff teaches that the intermodal containers of standard sizes can be for feet long (at least 12 meters). One of ordinary skill in the art prior to the effective filing date of the claimed invention would find modifying Kallaes such that it comprised the lashing cable to have a length of at least 12 meters in view of the teachings of Wolff so as to provide the lash to cover the length of a standard intermodal container [0002].
In reference to claim 7, Kallaes in view of Wolff further discloses a tensioner (30) for tensioning the lashing cable once the lashing cable is connected between the support and the projection.
In reference to claim 8, Kallaes discloses a combination comprising:
(i) a pin structure (abstract) for use in lashing a shipping container (column 1, line 34) to a 32
support (column 1, line 46), the pin structure having a base (14) and a projection (20, 6) extending from the base, wherein the pin structure is insertable into an internal cavity of a shipping container corner casting (fig. 1) and is thereafter manipulatable so that the projection extends to an exterior of the corner casting (fig. 1) via an aperture (3) through a wall of the corner casting (fig. 1) while the base remains in the internal cavity, or
a shipping container lashing system (column 2, line 29) for lashing a shipping container (5, 5’) to a support (32), the shipping container lashing system comprising:
a pin structure (claim 1) having a base (14) and a projection (20, 6) extending from the base, wherein the pin structure is insertable into an internal cavity of the shipping container corner casting (4) and is thereafter manipulatable so that the projection extends to an exterior of the corner casting (fig. 1) via an aperture (fig. 1) through a wall of the corner casting (4’) while the base remains in the internal cavity; and
a lashing cable (2) for connection between the support and the projection of the pin structure when the projection extends to the exterior of the corner casting via the aperture through the wall of the corner casting while the base remains in the internal cavity. Kallaes does not directly disclose the shipping container corner casting as compliant with ISO 1161:2016. Wolff teaches using a shipping container corner casting compliant with ISO 1161:2016 (claim 12). One of ordinary skill in the art prior to the effective filing date of the claimed invention would find modifying Kallaes such that it comprised the shipping container corner casting compliant with ISO 1161:2016 in view of the teachings of Wolff obvious so as to provide an understructure compliant with the requirements of the latest International Standard to insure modular elements at the corner posts (claim 12).
In reference to claim 9, Kallaes discloses a method of configuring a shipping container (column 1, line 34) for lashing, the method comprising:
providing a pin structure (fig. 1) having a base (14) and a projection (20, 6) extending from the base, wherein the pin structure is insertable into an internal cavity of the shipping container corner casting (4, 4’) and is thereafter manipulatable so that the projection extends to an exterior of the corner casting (fig. 1) via an aperture (fig. 1) through a wall of the corner casting (4, 4’) while the base remains in the internal cavity;
inserting the pin structure into the internal cavity of the corner casting of the shipping container; and
then manipulating the pin structure so that the projection thereof extends to an exterior of the corner casting (fig. 1) via an aperture (fig. 1) through a wall of the corner casting (4, 4’) while the base remains in the internal cavity and abuts the wall at an internal first end of the aperture (fig. 1). Kallaes does not directly disclose the shipping container corner casting as compliant with ISO 1161:2016. Wolff teaches using a shipping container corner casting compliant with ISO 1161:2016 (claim 12). One of ordinary skill in the art prior to the effective filing date of the claimed invention would find modifying Kallaes such that it comprised the shipping container corner casting compliant with ISO 1161:2016 in view of the teachings of Wolff obvious so as to provide an understructure compliant with the requirements of the latest International Standard to insure modular elements at the corner posts (claim 12).
Allowable Subject Matter
Claims 2, 4, and 10 are 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 pin structure for use in lashing a shipping container to a support comprising¸ inter alia, [[claim 2]] a base length of less than 117 mm, a width less than 63.5 mm, and a thickness less than 30 mm, wherein the projection extends from the base in a direction of the thickness of the base, and wherein the projection has a length measured from the base of less than 80 mm, a width of less than 63.5, and a depth of less than 79.5 mm. The closest prior art reference Kallaes does not disclose any dimensions and would not be obvious to provide those exact dimensions, specifically a base length less than 117 mm, a thickness less than 30 mm, and a projection length of less than 80mm. Even with an ISO 1161:2016 corner casting, the measurements can be within a certain range outside of the measurements required by the claim.
In reference to claims 4 and 10, 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
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.
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KAREN BECK
Primary Examiner
Art Unit 3614
/KAREN BECK/ Primary Examiner, Art Unit 3614
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