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 .
Drawings
The drawings were received on 5/15/2026. These drawings are acceptable.
Claim Rejections - 35 USC § 103
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 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.
Claims 1-3, 5-6, 11-13, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Apps (U.S. Pub. No. 20120325125) in view of Assadi (U.S. Pub. No. 20030115820).
With respect to claim 1, Apps discloses a pallet assembly (Figs. 18-25, pallet 110), comprising: a reinforcement structure (Fig. 20, reinforcement members 122), formed substantially of a first material (Paragraph 0006, “metal reinforcement”); a top deck (upper deck 112), formed substantially of a second material (Paragraph 0044, “single piece of plastic”), comprising: a generally flat platform for receiving, storing, or transporting one or more goods (upper deck 112 has a substantially flat upper panel portion 128, as shown in Fig. 23, “for racking” (paragraph 002)), and a top pedestal portion (upper column portions 134) including an upper receiving track (see annotated Fig. 23 below, the openings of upper column portions 134 and upper channels 132 form a rectangular track); and a bottom deck (Fig. 22, lower portion 114), formed substantially of a third material (Paragraph 0044, “single piece of plastic”), comprising a generally flat base (base of lower portion 114 extends along a flat plane), and a bottom pedestal portion (Fig. 21, lower columns 116) including a lower receiving track (the openings of lower columns 116 and lower channels 140 form a rectangular track); the upper receiving track and the lower receiving track configured to be aligned (Fig. 19 shows lower columns 116 are received by and aligned with upper column portions 134, and lower channels 140 are received by and aligned with upper channels 132), thereby defining a channel to encapsulate the reinforcement structure (reinforcement members 122 are fully enclosed between lower channels 140 with lower columns 116 and upper channels 132 with upper column portions 134 as seen in Fig. 19 and described in Paragraph 0047, “the reinforcement members 22, 122 are hidden and protected” and Paragraph 0006, “The pallet can also be configured such that any metal reinforcement is not exposed”); and wherein the top deck (112) and the bottom deck (114) define a plurality of apertures (see annotated Fig. 18 below, apertures).
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Annotated Fig. 23
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Annotated Fig. 18
Apps fails to disclose the upper receiving track and the lower receiving track configured to be aligned by a plurality of tongue-and-groove connections.
Assadi discloses a pallet wherein the top deck (Figs. 3-5, platform 2) and the bottom deck (platform 12) are configured to be aligned by one or more tongue-and-groove connections (Figs. 2 and 4 show that platforms 2 and 12 connect via protrusion post 4 and engaging post 8, which each have a “concave round” groove at 16 and 20, and a “convex round” tongue at 14 and 18 to create “an interference-fit post system” as described in Paragraph 0012).
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 upper and lower mating columns of Apps to include concave and convex rounds, such as taught by Assadi, with a reasonable expectation of success in order to provide a tight fit and proper alignment between the columns without the need for fasteners or thermal/chemical bonding, and to further provide water tightness “allowing them to be used in hygienic applications wherein cavities must be sealed from ingress of fluid and dirt”.
The combination results in the upper receiving track and the lower receiving track are aligned by a plurality of tongue-and-groove connections (upper and lower columns 134, 116 of the upper and lower rectangular tracks of Apps are aligned and connected by the convex/concave rounds of Assadi), thereby defining a channel to encapsulate the reinforcement structure (Apps, reinforcement members 122 are fully enclosed between lower channels 140 with lower columns 116 and upper channels 132 with upper column portions 134 as seen in Fig. 19), as explained in detail in the Response to Arguments section below.
With respect to claim 2, Apps in view of Assadi discloses the limitations set forth above. The combination (Apps) further discloses wherein at least a portion of the plurality of apertures are capable of receiving a fork on a fork lift or pallet jack (apertures as shown in annotated Fig. 18 above are capable of receiving a fork of a fork lift or pallet jack).
With respect to claim 3, Apps in view of Assadi discloses the limitations set forth above. The combination (Apps) further discloses wherein the second material and the third material are the same material (Paragraph 0044, material of upper deck 112 and lower portion 114 are both plastic).
With respect to claim 5, Apps in view of Assadi discloses the limitations set forth above. The combination (Apps) further discloses wherein the reinforcement structure forms a quadrilateral (Fig. 20 shows reinforcement members 122 are arranged in a rectangle).
With respect to claim 6, Apps in view of Assadi discloses the limitations set forth above. The combination (Apps) further discloses wherein the reinforcement structure includes one or more cross braces (Fig. 20 shows the assembly of reinforcement members 122 includes a central reinforcement member extending from front to back, forming a cross brace at the center of the assembly).
With respect to claim 11, Apps in view of Assadi discloses the limitations set forth above. The combination further discloses wherein a first tongue-and-groove connection (one set of mating columns 116 and 134 of Apps as modified to include concave/convex rounds of Assadi) of the one or more tongue-and-groove connections is capable of preventing direct water ingress to the upper receiving track or the lower receiving track (Assadi, Paragraph 0017, “When the posts are joined by interference fit, they are essentially water tight allowing them to be used in hygienic applications wherein cavities must be sealed from ingress of fluid and dirt” which would prevent the columns of Apps from disconnecting, further preventing water from entering the channels 140 and 132).
With respect to claim 12, Apps in view of Assadi discloses the limitations set forth above. The combination (Apps) further discloses wherein i) the top deck, ii) the bottom deck, or iii) a combination thereof form a region (upper channels 132 of upper deck 112 align with lower channels 140 of lower portion 114 to form a region that surrounds reinforcement members 122 at each of the upper column portions 134 and lower column portions 116).
With respect to claim 13, Apps in view of Assadi discloses the limitations set forth above. The combination (Apps) further discloses wherein the region is formed outside of a perimeter of the reinforcement structure (Fig. 20 shows lower channels 140 of the lower column 116 of lower portion 114 is formed on outside the perimeter of reinforcement members 122, Figs. 19 and 23 show upper channels 132 of the upper deck 112 align with the lower deck 114 to further surround the tops and sides of reinforcement members 122 at an outside of their perimeter).
With respect to claim 16, Apps in view of Assadi discloses the limitations set forth above. The combination (Apps) further discloses wherein the first material is a metal, and the metal is corrosion susceptible (Paragraph 0036, “reinforcement member 22 may be steel or some other metal” and steel is susceptible to corrosion).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Apps (U.S. Pub. No. 20120325125) in view of Assadi (U.S. Pub. No. 20030115820) in further view of Blanchard (WO2023211745).
With respect to claim 4, Apps in view of Assadi discloses the limitations set forth above. The combination (Apps) further discloses the first material is a metal (Paragraph 0006, “metal reinforcement”); the second and third materials are plastic (Paragraph 0044, material of upper deck 112 and lower portion 114 are both plastic).
The combination fails to explicitly disclose the second and third materials being different plastics.
Blanchard discloses the top deck (Figs. 3A and 3B, pallet deck 102) comprises a second material that is a first plastic (Page 3, lines line 20, “pallet deck 102 may be molded from thermoplastic”); and the bottom deck (lower deck surface 112) comprises a third material that is a second plastic (Page 3, lines 20-23, “the pallet deck 102 may be molded from thermoplastic or other polymer materials, such as high-density polyethylene (HDPE), polypropylene (PP), etc. The upper deck surface 110 may comprise polymer material that is different from that of the lower deck surface 112”).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the upper and lower decks of Apps in view of Assadi to be made of different plastics, such as taught by Blanchard, with a reasonable level of success in order to provide customized mechanical properties of the pallet such as a lower deck comprising a high-strength plastic for supporting a load, and the upper deck comprising an antimicrobial or food safe plastic for transportation or possible contact with food or pharmaceutical products. It is further noted that it has been held to be within the general skill of a worker in the art to select known material on the basis of its suitability for the intended used as a matter of obvious design choice. See MPEP 2144.07.
Claims 10 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Apps (U.S. Pub. No. 20120325125) in view of Assadi (U.S. Pub. No. 20030115820) in further view of Ritzberger (U.S. Pub. No. 20230166885).
With respect to claim 10, Apps in view of Assadi discloses the limitation set forth above except a locking channel formed by a flange of the top deck abutting a shoulder of the bottom deck, wherein the locking channel is configured to prevent the top deck from separating from the bottom deck.
Ritzberger discloses a locking channel formed by a flange of the top deck (Figs. 4B, 5A, and 5B, recess 23 of latch element 7 on outer foot 21 of pallet upper part 2) abutting a shoulder of the bottom deck (snap hooks 8 with hook heads 9 on foot part 5 of skid 3), wherein the locking channel is configured to prevent the top deck from separating from the bottom deck (Paragraph 0053, “snap hooks 8 with hook head 9 and the associated latch elements 7 are shown, which engage with each other when the upper part 2 is assembled to the skids and lock the upper part 2 with the skids 3”).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the columns of Apps in view of Assadi to include snap hooks and latch elements such as taught by Ritzberger with a reasonable expectation of success, in order to prevent unwanted separation of the upper and lower decks while still providing the option for separating the upper and lower decks in the case of repair or replacement of one of the decks or reinforcement members.
With respect to claim 15, Apps in view of Assadi discloses the limitation set forth above. The combination further discloses the top deck and bottom deck are press-fit together to form the pallet assembly (Apps, 112 and 114 as modified by Assadi are press-fit/interference-fit together at columns 116, 134), but fails to explicitly disclose the top deck and the bottom deck snap together.
Ritzberger discloses wherein the top deck (Fig. 4B, upper part 2) and the bottom deck (skid 3) snap together to form the pallet assembly (Paragraph 0053, “snap hooks 8 with hook head 9 and the associated latch elements 7 are shown, which engage with each other when the upper part 2 is assembled to the skids and lock the upper part 2 with the skids 3” forming plastic pallet 1).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the columns of Apps in view of Assadi to include snap hooks and latch elements such as taught by Ritzberger with a reasonable expectation of success in order to assemble the upper and lower decks without the need of additional fasteners or tools and prevent unwanted separation of the upper and lower decks, and to further provide the option for separating the upper and lower decks in the case of repair or replacement of one of the decks or reinforcement members.
Response to Arguments
Applicant has amended the independent Claim 1 to include some of the limitations from original claims 9 and 14, overcoming the 35 USC §102 Rejection over Apps (U.S. Pub. No. 20120325125) in the non-final rejection dated 12/15/2025. The examiner notes that the original claims 9 and 14 depended directly from the original independent claim 1, therefore the newly amended claim 1 is an entirely new set of limitations.
Apps in view of Assadi (U.S. Pub. No. 20030115820) discloses all the limitations of the amended Claim 1 as mapped in the Claim 1 rejection above.
Applicant argues on pages 1-2 that Apps fails to disclose full encapsulation of the reinforcement members. The examiner notes that while the reinforcement members (22) in the first embodiment of Apps (pallet 10 of Figs. 1-17) used in the non-final rejection are not “fully encapsulated” by the channel formed between the upper and lower receiving tracks in the pallet, this limitation was not required in the original independent claim. Therefore, this argument is moot because the new rejection is based on the second embodiment of Apps (pallet 110 Figs. 18-25). The reinforcement members (122) of the second embodiment used in the final rejection above are encapsulated by upper and lower receiving tracks (upper/lower rectangular tracks as shown in annotated Figs. 22, 23 below).
Apps second embodiment (Figs. 18-25) discloses “the pallet can also be configured such that any metal reinforcement is not exposed” (Paragraph 0006) and “the reinforcement members 22, 122 are hidden and protected” (Paragraph 0047), therefore reinforcement members 122, which are received in the upper/lower rectangular tracks as shown below, are encapsulated.
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Annotated Fig. 22
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While this encapsulation is not achieved by a tongue-in-groove connection as argued by Applicant, Assadi does disclose a tongue-in-groove connection, and it would be obvious to one of ordinary skill in the art to modify the pallet 110 of Apps to include this connection. Apps pallet 110 already provides a means for encapsulating the reinforcement members as discussed above. The reinforcement members 122 are encapsulated between an upper rectangular track (annotated Fig. 23) which is formed at the openings of upper column portions 134 and upper channels 132, and a lower rectangular track (annotated Fig. 22) at the openings of lower columns 116 and lower channels 140. Apps discloses that this lack of exposure of the reinforcement members “may impede any potential corrosion of the reinforcement members” such as due to exposure to moisture. Assadi similarly discloses a connection between pallet posts (4 and 8) though tongue-and-groove connections (a “concave round” groove at 16 and 20, and a “convex round” tongue at 14 and 18 to create “an interference-fit post system”) which are “water tight allowing them to be used in hygienic applications wherein cavities must be sealed from ingress of fluid and dirt”. It would be obvious to modify the columns of Apps, which are fit in a male-to-female manner of insertion, to further include the concave/convex round groove and tongue connection of Assadi in order to provide an even better seal against exposure to dirt or water, therefore preventing corrosion of the reinforcement members of Apps.
Applicant further argues that the obviousness rejection relies on improper hindsight, and that the combination of full encapsulation achieved through a tongue-and-groove connection would be a non-obvious structural solution based on the open-channel pallet design of the first embodiment. The examiner again notes that the solution of a tongue-in-groove connection resulting in encapsulation of reinforcement members was not originally claimed. The original claims (7/15/2024) did not require a combination of full encapsulation and tongue-in-groove connections. The second embodiment of Apps in view of Assadi discloses an upper and lower track (upper/lower rectangular tracks of Apps as shown in Annotated Figs. 22, 23 above) aligned by tongue-and-groove connections (upper/lower columns of Apps modified to include convex/concave round tongue and groove of Assadi) defining a channel to encapsulate the reinforcement structure (channel formed between upper and lower rectangular tracks encloses reinforcement members on all sides as shown in annotated Figs. 22, 23 below. Lower channel 140 press-fits into a small rectangular opening of upper column portion 134. Fig. 19 further shows reinforcement members 122 are surrounded on a top side by upper channel 132 and on bottom/left/right sides by lower channel 140) therefore, Apps in view of Assadi discloses the all the limitations of newly amended claim 1.
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Annotated Figs. 22 and 23
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 ELIZABETH IRENE ARTALEJO whose telephone number is (571)272-4292. The examiner can normally be reached M-F 8-6.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Daniel Troy can be reached at (571) 270-3742. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/E.I.A./Examiner, Art Unit 3637 /DANIEL J TROY/Supervisory Patent Examiner, Art Unit 3637
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