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 .
Drawings
The drawings received on 3/19/26 are accepted.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Rousseau (WO0230768) in view of Lubker (3606844).
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Regarding claims 1, 15, & 18, Rousseau teaches the structure substantially as claimed, including a pallet (10) for welding equipment, the pallet being engageable by both a forklift that has a pair of forks and a pallet jack that has its own pair of forks (via spaces between 20), the pallet comprising: a top plate (16); a bottom plate (18); and a plurality of supports (20) positioned between and coupled to the top plate and the bottom plate, the plurality of supports including a first support (20 - labeled “A” in Fig. 4 Annotated), a second support (20 labeled “B”), a third support (20 labeled “C”), a fourth support (20 labeled “D”), and a center support (20 in center, labeled “J” - see Fig. 2 & p. 6, lines 19-22), the top plate, the bottom plate (18), and the plurality of supports collectively having a top side (i.e., upper surface of 16), a bottom side (i.e., lower surface of 18) opposite the top side, a first side (at E in Fig. 4 Annotated), a second side (at F) opposite the first side, a third side (at G), and a fourth side (at H) opposite the third side (Figs. 1-2), each of the first side, the second side, the third side, and the fourth side being disposed between the top side and the bottom side (Figs. 1-2), the first side defining a first opening (i.e., space between 20 - labeled “E” in Fig. 4 Annotated), the second side defining a second opening (F), the third side defining a third opening (G), and the fourth side defining a fourth opening (H), wherein the first opening, the second opening, the third opening, and the fourth opening are sized so that a pair of forks of a forklift engages the same one of the first opening, the second opening, the third opening, and the fourth opening when a forklift engages the pallet (Figs. 1-2), and sized so that a pair of forks of a pallet jack engages different ones of the first opening, the second opening, the third opening, and the fourth opening when a pallet jack engages the pallet (Figs. 1-2). Rousseau fail(s) to teach a center support having sides facing towards the first, second, third, & fourth supports. However, Lubker teaches reshaping a center support (52) to have angled sides (Fig. 3a), said center support having its own first side (W in Fig. 3a Annotated), its own second side (X), its own third side (Y), and its own fourth side (Z), the center support being rotated at an angle relative to a first support (23), a second support (24), a third support (26), and a fourth support (25) such that the first side of the center support faces toward the first support (implied by Figs. 2 & 3a), the second side of the center support faces toward the second support (implied by Figs. 2 & 3a), the third side of the center support faces toward the third support (implied by Figs. 2 & 3a), and the fourth side of the center support faces toward the fourth support (implied by Figs. 2 & 3a). It would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to reshape the center support of Rousseau to have angled sides, as taught by Lubker, with a reasonable expectation of success, in order to provide the center support with guide surfaces to realign misaligned forklift tines (as suggested by col. 1, lines 41-50 of Lubker). Hence, Rousseau as modified would teach a center support (J of Rousseau, as modified) having its own first side (W of Lubker), its own second side (X of Lubker), its own third side (Y of Lubker), and its own fourth side (Z of Lubker), the center support being rotated at an angle relative to the first support (A of Rousseau), the second support (B of Rousseau), the third support (C of Rousseau), and the fourth support (D of Rousseau) such that the first side of the center support faces toward the first support, the second side of the center support faces toward the second support, the third side of the center support faces toward the third support, and the fourth side of the center support faces toward the fourth support (as in Figs. 2 & 3a of Lubker).
Regarding claim 2, Rousseau teaches a first opening (E) opposite a second opening (F), and the pallet further comprises: a first pathway (i.e., along line “K” in Fig. 4 Annotated) extending from the first side to the second side, the first pathway extending proximate to the first support (A), the second support (B), and the center support (J); and a second pathway (i.e., along line “L”) extending from the first side to the second side, the second pathway extending proximate to the third support (C), the fourth support (D), and the center support (J), wherein the first pathway extends in a direction parallel to the direction in which the second pathway extends (Fig. 4).
Regarding claim 3, Rousseau teaches a first pathway (K) and a second pathway (L) that each extend between a first opening (E) and a second opening (F).
Regarding claim 4, Rousseau teaches a third opening (G) opposite a fourth opening (H), and the pallet further comprises: a third pathway (i.e., along line “M”) extending from the third side to the fourth side, the third pathway extending proximate to the first support (A), the third support (C), and the center support (J); and a fourth pathway (i.e., along line “N”) extending from the third side to the fourth side, the fourth pathway extending proximate to the second support (B), the fourth support (D), and the center support (J), wherein the third pathway extends in a direction parallel to the direction in which the fourth pathway extends (Fig. 4).
Regarding claim 5, Rousseau teaches a third pathway (M) and a fourth pathway (N) that each extends between a third opening (G) and a fourth opening (H).
Regarding claim 6, Rousseau teaches a fifth pathway (P) proximate to the first support (A), the second support (B), the third support (C), and the center support (J), wherein the fifth pathway extends between the first opening (E) and the third opening (G).
Regarding claim 7, Rousseau teaches a sixth pathway (Q) proximate to the first support (A), the second support (B), the fourth support (D), and the center support (J), wherein the sixth pathway extends between the third opening (G) and the second opening (F).
Regarding claim 8, Rousseau teaches a seventh pathway (R) proximate to the first support (A), the third support (C), the fourth support (D), and the center support (J), wherein the seventh pathway extends between the first opening (E) and the fourth opening (H).
Regarding claim 9, Rousseau teaches an eighth pathway (S) proximate to the second support (B), the third support (C), the fourth support (D), and the center support (J), wherein the eighth pathway extends between the second opening (F) and the fourth opening (H).
Regarding claim 10, Rousseau teaches a first pathway (K), a second pathway (L), a third pathway (M), and a fourth pathway (N) that are each sized to receive one of a pair of forks of a forklift (implied by Figs. 1-2), and each of the fifth pathway (P), the sixth pathway (Q), the seventh pathway (R), and the eighth pathway (S) is configured to receive one of a pair of forks of a pallet jack (implied by Figs. 1-2).
Regarding claim 11, Rousseau teaches a first pathway (K), a second pathway (L), a third pathway (M), and a fourth pathway (N) each having a first width (i.e., distance along line “T”), each of the fifth pathway (P), the sixth pathway (Q), the seventh pathway (R), and the eighth pathway (S) has a second width (i.e., distance along line “V”), and the second width is different than the first width (Fig. 4).
Regarding claim 12, Rousseau teaches a first pathway (K), a second pathway (L), a third pathway (M), and a fourth pathway (N) that each extend perpendicularly (Fig. 4) relative to one of the first side (at E), the second side (at F), the third side (at G), and the fourth side (at H).
Regarding claim 13, Rousseau teaches a fifth pathway (P), a sixth pathway (Q), a seventh pathway (R), and an eighth pathway (S) that each extend diagonally (Fig. 4) relative to one of the first side (at E), the second side (at F), the third side (at G), and the fourth side (at H).
Regarding claim 14, Rousseau teaches a fifth pathway (P), a sixth pathway (Q), a seventh pathway (R), and an eighth pathway (S) that each intersect with at least one of a first pathway (K), a second pathway (L), a third pathway (M), and a fourth pathway (N).
Regarding claim 15, Rousseau teaches a pallet (10), comprising: a top plate (16); a bottom plate (18); and a plurality of supports (20) positioned between and coupled to the top plate and the bottom plate, the plurality of supports including a first support (A), a second support (B), a third support (C), a fourth support (D), and a center support (J), the top plate, the bottom plate, and the plurality of supports (20) collectively having a top side (i.e., upper surface of 16), a bottom side (i.e., lower surface of 18) opposite the top side, a first side (at E), a second side (at F), a third side (at G), and a fourth side (at H), wherein the first side includes a first opening (E) and is opposite the second side which has a second opening (F), the third side includes a third opening (G) and is opposite the fourth side which has a fourth opening (H), and the plurality of supports define: a first pathway (K) and a second pathway (L), each of the first pathway and second pathway extending between the first opening (E) and the second opening (F), a third pathway (M) and a fourth pathway (N), each of the third pathway and fourth pathway extending between the third opening (G) and the fourth opening (H), a fifth pathway (P) extending between the first opening (E) and the third opening (G), a sixth pathway (Q) extending between the second opening (F) and the third opening (G), a seventh pathway (R) extending between the first opening (E) and the fourth opening (H), and an eighth pathway (S) extending between the second opening (F) and the fourth opening (H).
Regarding claim 16, Rousseau teaches a first pathway (K) and a second pathway (L) extend perpendicularly to and between the first opening (E) and the second opening (F), and the third pathway (M) and the fourth pathway (N) extend perpendicularly to and between (Figs. 1-2 & 4) the third opening (G) and the fourth opening (H).
Regarding claim 17, Rousseau teaches a fifth pathway (P), a sixth pathway (Q), a seventh pathway (R), and an eighth pathway (S) that each extend diagonally (Figs. 1-2 & 4) relative to the first opening (E), the second opening (F), the third opening (G), and the fourth opening (H).
Regarding claim 18, Rousseau teaches a pallet (10), comprising: a top plate (16); a bottom plate (18); and a plurality of supports (20) positioned between and coupled to the top plate and the bottom plate (Figs. 1-2), the top plate, the bottom plate, and the plurality of supports collectively having a top side (i.e., upper surface of 16), a bottom side (i.e., lower surface of 18) opposite the top side, a first side (at E), a second side (at F), a third side (at G), and a fourth side (at H), the first side being opposite the second side (Fig. 4), and the third side being opposite the fourth side (Fig. 4), wherein the plurality of supports define a first set of pathways (K-N) between the plurality of supports, the top plate, and the bottom plate (Figs. 1-2 & 4), and a second set of pathways (P-S) between the plurality of supports, the top plate, and the bottom plate (Figs. 1-2 & 4), each pathway in the first set of pathways extending perpendicularly relative to at least one of the first side, the second side, the third side, and the fourth side (Fig. 4), and each pathway in the second set of pathways extending diagonally relative to the first side, the second side, the third side, and fourth side (Fig. 4).
Regarding claim 19, Rousseau teaches a first set of pathways (K-N) that includes a first pathway (K), a second pathway (L), a third pathway (M), and a fourth pathway (N), the first pathway and second pathway extend parallel to each other (Fig. 4), and the third pathway and fourth pathway extend parallel to each other and extend perpendicularly to the first pathway and the second pathway (Fig. 4).
Regarding claim 20, Rousseau teaches a second set of pathways (P-S) that includes a fifth pathway (P), a sixth pathway (Q), a seventh pathway (R), and an eighth pathway (S), the fifth pathway (P) and the eighth pathway (S) extend parallel to each other (Fig. 4), the sixth pathway (Q) and the seventh pathway (R) extend parallel to each other (Fig. 4), the fifth pathway and the eighth pathway extend perpendicularly to the direction in which the sixth pathway and the seventh pathway extend (Fig. 4), and each of the fifth pathway, the sixth pathway, the seventh pathway, and eighth pathway extending at an angle (Fig. 4) relative to at least one of the directions in which the first pathway (K), the second pathway (L), the third pathway (M), and the fourth pathway (N) extend.
Claims 1-20 are alternately rejected under 35 U.S.C. 103 as being unpatentable over Rousseau (WO0230768) in view of Love (20100107933) & Lubker (3606844). Rousseau teaches the structure substantially as claimed, including top (16) & bottom (18) members having openings (22, 32); but fail(s) to teach a center support having sides facing towards the first, second, third, & fourth supports; and arguably fail(s) to teach top & bottom members that are plates. However, Lubker teaches reshaping a center support (52) to have angled sides (Fig. 3a) facing towards first, second, third, & fourth supports. It would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to reshape the center support of Rousseau to have angled sides, as taught by Lubker, with a reasonable expectation of success, in order to provide the center support with guide surfaces to realign misaligned forklift tines (as suggested by col. 1, lines 41-50 of Lubker). Additionally, Love teaches top (16) and bottom (17) members devoid of openings (Fig. 1a). It would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to make the top & bottom members of Rousseau solid by eliminating the openings therein, as taught by Love, with a reasonable expectation of success, in order to prevent objects from falling through said openings & off the pallet, thereby decreasing the chances of lost cargo. Hence, Rousseau as modified would teach top (16 of Rousseau) & bottom (18 of Rousseau) members that are plates devoid of openings (as in Fig. 1a of Love). For this reason, and the reasons stated in par. 5-24 above, the structure of Rousseau as modified would read upon the limitations of these claims.
Response to Arguments
Applicant's arguments filed 3/19/26 have been fully considered but they are not persuasive. Said arguments have been addressed in the prior art rejection above.
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 MATTHEW ING whose telephone number is (571)272-6536. The examiner can normally be reached M-F 8:30 a.m. - 5 p.m.. 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.
/MATTHEW W ING/Primary Examiner, Art Unit 3637