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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 04/15/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 112(b)
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 4-11 and 21 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 4 recites “attaching a sleeve having a length to the container”, this is unclear. Does the applicant mean attaching a sleeve to the container, the sleeve having a length? Is the sleeve the length of the container so the make it to the container?
Claim 7 recites “wherein the flexible members include elastic bands”, this is unclear. Are the flexible members elastic bands? Are elastic bands in addition to the flexible members? Are the flexible member just an elastic material?
Claim 9 recites “wherein the sleeve comprises a material sheet, a first fastener positioned on a first portion of a surface of the sheet, and a second fastener positioned on a second portion of the surface, and wherein the method further comprises forming the sleeve by mating the second fastener with the first fastener”, this is unclear. The claims states the that there is a sleeve, how then is a formed if it is already claimed as being a sleeve? Is this claiming more than one state of the sleeve i.e., initial state and final state? Is the surface of the sheet referring to the same material sheet? Does the applicant mean a sheet of material? There is a lack of antecedent basis for “the sheet”.
Claim 21 recites the limitation "the sheet" in line 12. There is insufficient antecedent basis for this limitation in the claim. It is unclear if this is the same as the previously recited material sheet.
Claim 21 recites “an attacher positioned on a material sheet, wherein the attacher is configured to attach the sleeve to the container so the sleeve is suspended above the floor and is oriented with its length extending between the front end and the rear wall of the container; a first fastener positioned on a first portion of a surface of the sheet; and a second fastener positioned on a second portion of the surface, the first fastener is configured to mate with the second fastener so as to form the sleeve” this is unclear. Is the material sheet making the entire sleeve or does the material sheet for the attacher i.e. a loop? Is just the attacher on a material sheet? Does the applicant mean the sleeve is made from a sheet of material that then contains an attacher? Does the applicant mean that the attacher is configured such that the sleeve can be suspended in with its length extending between the front and end? If the dunnage bag is 10 meters long how does one attachment point hold it in that orientation? Is the attacher along the entire length of the material sheet? Does the dunnage bag fit entirely within the sleeve? Are the first fastener and second fastener releasable? As the claim recites there is a sleeve but then a sleeve is to be formed with mated fasteners.
Claims not specifically mentioned are included due to their dependencies.
Claim Rejections - 35 USC § 102
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) 1-2, 12-16 and 18-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Freeman et al. US 2012/0315105 A1, herein after referred to as Freeman.
Regarding claim 1 Freeman discloses a method of using an inflatable dunnage bag (138 dunnage bag) in a container (116 container) having a first sidewall (140 wall); a second sidewall opposite the first sidewall (140 wall); a floor extending between the bottoms of the first and second sidewalls; a ceiling opposite the floor and extending between the tops of the first and second sidewalls; a rear wall extending between the first and second sidewalls, the floor, and the ceiling and a front end opposite the rear wall (Figs. 1 and 2), the dunnage bag (138) having a length and a width smaller than the length (Fig. 2),
the method comprising: attaching the dunnage bag (138) to the container to suspend the dunnage bag adjacent to the first sidewall of the container and above the floor of the container and so the dunnage bag is oriented with its length extending between the front end and the rear wall of the container and its width extending between the floor and the ceiling of the container (Figs. 2 and 3); positioning a load (142 cargo) in the container so that the dunnage bag is positioned between the first sidewall and the load (Fig. 2); and inflating the dunnage bag to an operating pressure so the dunnage bag contacts the load and the first sidewall (paragraphs [0022-0023]).
Regarding claim 2 Freeman discloses the method of claim 1 and further discloses wherein attaching the dunnage bag (138) to the container comprises adhering a surface of the dunnage bag (138) to the first sidewall of the container (dunnage bag is adhered to the surface of the first wall via the fasteners 156 hooked to anchor point on the first sidewall as shown in Fig. 3).
Regarding claim 12 Freeman discloses the method of claim 1 and further discloses wherein puncturing the dunnage bag so as to deflate the dunnage bag (any closed air bag vessel that is punctured will deflate and it is no longer closed and capable of holding the air).
Regarding claim 13 Freeman discloses the method of claim 1 and further disclosing deflating the dunnage bag, removing the load from the container, positioning a second load in the container so that the dunnage bag is positioned between the first sidewall and the second load, and inflating the dunnage bag to the operating pressure a second time so the dunnage bag contacts the second load and the first sidewall (paragraph [0028], lines 10-15 and paragraphs [0022]-[0023], the system can be used multiple times).
Regarding claim 14 Freeman discloses the method of claim 1 and further disclosing
wherein attaching the dunnage bag (138) to the container comprises securing flexible members to the dunnage bag and to attachment points of the container (Fig. 3).
Regarding claim 15 Freeman discloses the method of claim 1 and further disclosing
wherein the load (142) includes multiple items (paragraph [0022], lines 2-3 the cargo is boxes of goods on pallets).
Regarding claim 16 Freeman discloses the method of claim 15 and further disclosing
wherein the items include palletized goods (paragraph [0022], lines 2-3 the cargo is boxes of goods on pallets).
Regarding claim 18 Freeman discloses a transport system comprising:
a container (116 container) having a first sidewall (140 wall); a second sidewall opposite the first sidewall (140 wall); a floor extending between the bottoms of the first and second sidewalls; a ceiling opposite the floor and extending between the tops of the first and second sidewalls; a rear wall extending between the first and second sidewalls, the floor, and the ceiling and a front end opposite the rear wall (Figs. 1 and 2),
an inflatable dunnage bag (138) having a length and a width smaller than the length (Fig. 2), the inflatable dunnage bag is attached to the container to suspend the dunnage bag adjacent to the first sidewall of the container and above the floor of the container and so the dunnage bag is oriented with its length extending between the front end and the rear wall of the container and its width extending between the floor and the ceiling of the container (Figs. 2 and 3);
a load (142 cargo) in the container so that the dunnage bag is positioned between the first sidewall and the load (Fig. 2); wherein the dunnage bag is inflated to an operating pressure so the dunnage bag contacts the load and the first sidewall (paragraphs [0022-0023]).
Regarding claim 19 Freeman discloses the transport system of claim 18 and further discloses wherein a surface of the dunnage bag (138) is adhered to the first sidewall of the container (dunnage bag is adhered to the surface of the first wall via the fasteners 156 hooked to anchor point on the first sidewall as shown in Fig. 3).
Regarding claim 20 Freeman discloses the transport system of claim 18. Freeman does not explicitly disclose the length of the dunnage bag but discloses that many modifications are possible including variations of size (paragraph [0053]). Further it would have been obvious to one having ordinary skill in the art at the time the invention was made to the length of the dunnage bag 10 meters, since it has been held that such modifications would have involved a mere change in the size of a component - a change in size is generally recognized as being within the level of ordinary skill in the art.
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) 3 is rejected under 35 U.S.C. 103 as being unpatentable over Freeman in view of Baxter US 4,145,973, herein after referred to as Baxter.
Regarding claim 3 Freeman discloses the method of claim 2. Freeman is silent to adhering the surface of the dunnage bag to the first sidewall of the container comprises taping the surface of the dunnage bag to the first sidewall.
Baxter teaches a dunnage bag (10 dunnage bag) that is attached to the wall of the cargo space and the cargo (Col.1 lines 15-17) with a tape (13 self-adhesive material).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the dunnage bag of Freeman to include tape for taping the surface of the dunnage bag to the sidewall as taught by Baxter as doing so is well known in the art and would yield predictable results. Additionally taping the dunnage bag to the sidewall allows for a more secure attachment and prevents the dunnage bag from swaying away from the sidewall so as to hinder loading of the cargo before it is inflated.
Claim(s) 4-6, 8 and 10-11are rejected under 35 U.S.C. 103 as being unpatentable over Freeman in view of Holt US 3,847,091 herein after referred to as Holt.
Regarding claim 4 Freeman discloses the method of claim 1. Freeman is silent to attaching the dunnage bag to the container comprises: attaching a sleeve having a length to the container so the sleeve is suspended above the floor and is oriented with its length extending between the front end and the rear wall, and positioning the dunnage bag in the sleeve.
Holt teaches a sleeve (74flexible covering) attached to the container, the sleeve having a length which is extending between the front end and the rear wall (Fig. 4) and positioning the dunnage bag (72 bag) in the sleeve (Fig. 4).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include the sleeve attached to the wall with its length orientated between the front end and rear wall and positioning the dunnage bag within it as taught by Holt as doing so is well know in the art and would yield predictable results. Additionally, the sleeve will protect the dunnage bags from being punctured.
Regarding claim 5 Freeman as modified discloses the method of claim 4 and further discloses wherein the dunnage bag (72) is positioned in the sleeve before the sleeve is attached to the container (the dunnage bag 72 is positioned in the sleeve before the sleeve is attached to the container as it is shown as being hung from the top portion with the sleeve, if it was inserted afterward, it would be on top of 74 or use different anchoring points).
Regarding claim 6 Freeman as modified discloses the method of claim 4 and further discloses wherein attaching the sleeve to the container comprises securing flexible members to the sleeve and to attachment points of the container (Fig. 3 attachment is made by flexible member from the sleeve (as is modified by Holt) to attachment point in the container).
Regarding claim 8 Freeman as modified discloses the method of claim 6 and further discloses wherein the attachment points include first loops adjacent to the top of the first sidewall of the container (Fig. 3). Freeman as modified discloses substantially all the limitations of the claim(s) except for second loops adjacent to the bottom of the first side wall. It would have been obvious to one having ordinary skill in the art at the time the invention was made to have second loops adjacent to the bottom of the first sidewall, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. Additionally it will help the dunnage bags from shifting from the sidewall while cargo is being loaded.
Regarding claim 10 Freeman as modified discloses the method of claim 4 and further discloses when the dunnage bag is positioned in the sleeve, deflating the dunnage bag (the dunnage bag can be filled and emptied).
Regarding claim 11 Freeman as modified discloses the method of claim 10 and further discloses wherein the dunnage bag (138) comprises a body and an inflation valve positioned on the body and adjacent to the front end of the container, and wherein deflating the dunnage bag comprises operating the valve so as to deflate the dunnage bag (Figs. 1-3, paragraph [0023]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Lauren Kmet whose telephone number is (313)446-4834. The examiner can normally be reached M-F 9am-6pm.
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/L KMET/Examiner, Art Unit 3735
/Anthony D Stashick/Supervisory Patent Examiner, Art Unit 3735
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