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 .
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 1-23 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.
Claim 1 lines 20-21 recite, “…if the at least one flat and rigid element is present,…” Examiner notes that a flat and rigid element has been positively recited in lines 5-6 and 13-14 so it is unclear under which conditions the positively recited element would not be present.
Claims 2-23 fail to cure the deficiencies.
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) 1-3, 7, 13, and 23 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yount (US 2707553 A).
Regarding claims 1-3, 13, and 23, Yount discloses a shipping unit tensioning means comprising forming a closed-loop structure (17), either by attaching on a first face of a length of flexible material a face of at least one flat and rigid element (19; Col 3 lines 51-65; Examiner considers Yount’s band to be “rigid”) and by attaching an opposite face of said flat and rigid element (see Figures 4-6), to a second face of an end portion of the length of flexible material, so as said closed-loop structure is a closed-loop cover carrying the flat and rigid element (18; see Figures 3-4), enclosing a plurality of articles (13) within the closed-loop structure (see Fig. 2), folding the closed-loop structure along the at least one flat and rigid element attached on the first face of the length of flexible material (Col 3 lines 65-75), and attaching a folded portion of the closed-loop structure to an adjacent surface of the closed-loop structure, so as said closed- loop structure tightly wraps said plurality of articles (see Figures 1-3).
Regarding claim 6, Yount discloses a shipping unit tensioning means wherein said closed-loop cover is a hood which is lowered from above around said plurality of articles which are laterally enclosed (Col 4 lines 1-14). Examiner considers a the cover being “sleeved” over articles to encompass a lowering from above to cover said articles.
Regarding claim 7, Yount discloses a shipping unit tensioning means wherein said articles are supported by a support, and wherein the support which is a pallet (11; see Figures 1-3).
Allowable Subject Matter
Claims 4-5, 8-12, and 14-22 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.
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER R DEMEREE whose telephone number is (571)270-1982. The examiner can normally be reached 9:00 am - 5:00 pm, Monday through Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, NATHAN J NEWHOUSE can be reached at (571)272-4544. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER R DEMEREE/Primary Examiner, Art Unit 3734