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 .
This is the First Office action on the Merits from the examiner in charge of this application.
Claim Objections
Claims 1-17 are objected to because of the following informalities: (i) claim 1, line 1, “carriage rest” should be “a carriage rest”; (ii) claim 17, line 2, “comprise are located” should be “are located”. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 4-6, 11 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 4: since claim 1 recites “one or more running boards”, the recitation in claim 4 of “the pallet comprises two outside running boards and two inside running boards” renders the claim indefinite for failing to clearly define whether they are the same or different from the one or more running boards of claim 1. Should applicant elect to amend the claim to obviate this rejection, then “the pallet comprises” should be “the one or more running boards comprises”. Claims 5-6 are rejected as being dependent on, and failing to cure the deficiencies of, rejected claim 4.
Claim 11: since claim 1 recites “one or more supports”, the recitation in claim 11 of “the pallet comprises three supports” renders the claim indefinite for failing to clearly define whether they are the same or different from the one or more supports of claim 1. Should applicant elect to amend the claim to obviate this rejection, then “the pallet comprises” should be “the one or more supports comprises”.
Claim 12 recites the limitation "the supports" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 15 recites the limitation "the bump stop" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 17 recites the limitation "outside running boards" in line 2. There is insufficient antecedent basis for this limitation in the claim.
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) 1-5, 7-9, 11, 13-14, and 16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN 107651273 to Yuan et al (hereinafter Yuan).
Yuan discloses (Claim 1). A pallet comprising a ramp 6, a carriage rest (a portion of panel 2), one or more supports 3,8,16, and one or more running boards 7,9-12; (Claim 2). The pallet of claim 1 further comprising a wheel chock 5; (Claim 3). The pallet of claim 1 further comprising a bump stop 5; (Claim 4). The pallet of claim 1, wherein the pallet/one or more running boards comprises two outside running boards 12 and two inside running boards 9; (Claim 5). The pallet of claim 4, wherein the two inside running boards 9 comprise a depression (defined as one of the notches in running board 9 as shown in Fig. 3); (Claim 7). The pallet of claim 3, wherein the bump stop 5 is located on the opposite end of the ramp 6; (Claim 8). The pallet of claim 3, wherein the bump stop 5 is composed of metal (steel); (Claim 9). The pallet of claim 2, wherein the wheel chock 5 is composed of metal (steel); (Claim 11). The pallet of claim 1, wherein the pallet/one or more supports comprises three supports 3,8,16; (Claim 13). The pallet of claim 1, wherein the one or more running boards are spaced to allow the pallet to be transport by a pallet jack; (Claim 14). The pallet of claim 1, wherein the carriage rest is connected to the ramp 6; (Claim 16). The pallet of claim 1 further comprises one or more tiedown buckles 15.
Claim(s) 1-7, 11-12, and 14-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by USP 3912139 to Bowman.
Bowman discloses (Claim 1). A pallet comprising a ramp 20, a carriage rest 12b,14b, one or more supports 28,30,32,34,36,38, and one or more running boards 12,14, 22,24,26; (Claim 2). The pallet of claim 1 further comprising a wheel chock 16; (Claim 3). The pallet of claim 1 further comprising a bump stop 18; (Claim 4). The pallet of claim 1, wherein the pallet/one or more running boards comprises two outside running boards 22,26 and two inside running boards 12,14; (Claim 5). The pallet of claim 4, wherein the two inside running boards 12,14 comprise a depression 16; (Claim 6). The pallet of claim 5, wherein the two inside running boards 12,14 comprise a wheel chock 16 located within the depression 16; (Claim 7). The pallet of claim 3, wherein the bump stop 18 is located on the opposite end of the ramp 20; (Claim 11). The pallet of claim 1, wherein the pallet/one or more supports comprises three supports; (Claim 12). The pallet of claim 1, wherein the supports 28,30,32,34,36,38 are rectangular and about one foot wide (please note the claimed language does not specify each of the supports, two or more of the supports combined to be about one foot wide); (Claim 14). The pallet of claim 1, wherein the carriage rest 12b,14b is connected to the ramp 20; (Claim 15). The pallet of claim 2, wherein the wheel chock 16 is distal to the ramp 20 and proximal to the bump stop 18 and the carriage rest; (Claim 16). The pallet of claim 1 further comprises one or more tiedown buckles 80; (Claim 17). The pallet of claim 16, wherein the one or more tiedown buckles 80 are located on one or more outside running boards 22,26.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yuan.
Yuan discloses all the elements as discussed above except for clearly disclose the limitations in claim 10.
However, since Yuan discloses various elements is composed of steel, and since each of the materials listed in the claim is a well-known and commercially available product, it would have been obvious and well within the level of one skilled in the art to modify Yuan to meet the limitations in Claim 10 of wherein the ramp and carriage rest are composed of wood, metal, natural rubber, synthetic rubber, plastic, or a combination of these materials with a reasonable expectation of success in order to increase the overall versatility of the pallet.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure, and all show structures similar to various elements of applicant’s disclosure.
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HVT
November 24, 2025
/HANH V TRAN/Primary Examiner, Art Unit 3637