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.
Claims 16-20 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Regarding claim 16, this claim recites “the angled face includes a first vertically-elongated recess between a first vertically-elongated projection and a second vertically-elongated projection”; however, claim 14, from which this claim depends, recites “the angled face including a plurality of vertical corrugations.” It is therefore unclear whether the “first vertically-elongated recess”, “first vertically-elongated projection”, & “second vertically-elongated projection” recited in claim 16 are each part of, or separate from, the “plurality of vertical corrugations” recited in claim 14. Clarification is required. For examination purposes, the examiner is considering the “first vertically-elongated recess”, “first vertically-elongated projection”, & “second vertically-elongated projection” recited in claim 16 to each be part of the “plurality of vertical corrugations” recited in claim 14.
Regarding claim 17, this claim recites “the inner face includes a second vertically-elongated recess between a third vertically-elongated projection and the second vertically-elongated projection”; however, claim 15, from which this claim depends, recites “the inner face includes a plurality of vertical corrugations.” It is therefore unclear whether the “second vertically-elongated recess” & “third vertically-elongated projection” recited in claim 17 are each part of, or separate from, the “plurality of vertical corrugations” recited in claim 15. Clarification is required. For examination purposes, the examiner is considering the “second vertically-elongated recess” & “third vertically-elongated projection” recited in claim 17 to each be part of the “plurality of vertical corrugations” recited in claim 15.
Claims 18-20 are indefinite due to dependence upon an indefinite base claim.
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.
Claims 21-25 are rejected under 35 U.S.C. 103 as being unpatentable over Kalinowski (20210039830).
Regarding claim 21, Kalinowski teaches the structure substantially as claimed, including a nestable (Fig. 19) pallet (110) comprising: a deck (112) having a plurality of openings (116) through an upper support surface thereof; a plurality of columns (114) extending downward from the deck, the plurality of columns aligned with the plurality of openings through the upper support surface of the deck (Figs. 12, 14, 17), the plurality of columns including a first column (A in Fig. 13 Annotated); and the first column including a front face (B), a rear face (C), an outer face (D) and an inner face (E) opposite the outer face. Kalinowski fail(s) to teach corrugations on the inner face. However, Kalinowski broadly teaches the inclusion, on a face (D) of a column (A), of a plurality of vertical corrugations (F-K). Additionally, mere rearrangement of parts has been held to involve only routine skill in the art (MPEP 2144.04). It would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to add vertical corrugations, as taught by Kalinowski, to the inner face of each of the columns of Kalinowski, with a reasonable expectation of success, in order to increase the stiffness and strength thereof (as suggested by par. 47 of Kalinowski). Hence, Kalinowski as modified would teach an inner face (E) including a plurality of vertical corrugations (F-K) reinforced by a plurality of vertical inner ribs (128 - see par. 47) along interior surfaces thereof (Figs. 14 & 17) and a plurality of angled gussets (L) along exterior surfaces thereof (Fig. 13).
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Regarding claim 22, Kalinowski teaches an outer face (D) that includes a plurality of corrugations (F-K) reinforced by a plurality of vertical ribs (128 - see par. 47) along interior surfaces thereof (Figs. 14 & 17) and a plurality of angled outer gussets (123) along exterior surfaces thereof (Figs. 13-14).
Regarding claim 23, Kalinowski teaches a deck (112) that includes a plurality of intersecting ribs (130) and where each of the plurality of angled gussets (123, L) is contiguous with a different one of the plurality of intersecting ribs (Fig. 13).
Regarding claim 24, Kalinowski teaches a deck (112) that includes at least one handle opening (M in Fig. 18 Annotated) therethrough (Figs. 12-13 & 17-18).
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Regarding claim 25, Kalinowski teaches a nestable (Fig. 19) pallet (110) that is a half pallet (par. 44).
Claims 1-3 & 14-17 are rejected under 35 U.S.C. 103 as being unpatentable over Kalinowski (20210039830) in view of Frankenberg (6216609).
Regarding claim 1, Kalinowski teaches the structure substantially as claimed, including a nestable (Fig. 19) pallet (110) comprising: a deck (112) having a plurality of openings (116) through an upper support surface (118) thereof; a plurality of corner columns (N) extending downward from the deck, the plurality of corner columns aligned with the plurality of openings through the upper support surface of the deck (Figs. 12, 14, 17), the plurality of corner columns including a first corner column (A); and the first corner column including a front face (B), a rear face (C), an outer face (D) and an inner face (E) opposite the outer face. Kalinowski fail(s) to teach an angled face. However, Frankenberg teaches the inclusion, on a corner column (18), of an angled face (46) between the inner face (44) and a front face (Q in Fig. 1 Annotated), the angled face including a first vertically-elongated recess (R) between a first vertically-elongated projection (S) and a second vertically-elongated projection (T). It would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to add an angled face, as taught by Frankenberg, to each of the corner columns of Kalinowski, with a reasonable expectation of success, in order to guide forklift tines into the spaces between the corner columns (as suggested by col. 3, lines 41-45 of Frankenberg).
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Regarding claim 2, Frankenberg further teaches the inclusion, on an inner face (44) of a corner column (18), of a second vertically-elongated recess (V) between a third vertically-elongated projection (W) and the second vertically-elongated projection (T). It would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to add a second vertically-elongated recess & a third vertically-elongated projection, as taught by Frankenberg, to each of the corner columns of Kalinowski as modified, with a reasonable expectation of success, in order to provide structural reinforcement thereto, thereby enhance the load carrying capacity of each corner column (as suggested by col. 3, lines 45-47 of Frankenberg).
Regarding claim 3, Kalinowski as modified teaches a first vertical interior rib (128 of Kalinowski) on an inner surface (implied by Fig. 17 of Kalinowski, which broadly teaches locating interior ribs (128) on inner surfaces of vertically-elongated recesses (G & J)) of the first vertically-elongated recess (R of Frankenberg).
Regarding claim 14, Kalinowski as modified teaches a nestable (Fig. 19 of Kalinowski) half (par. 44 of Kalinowski) pallet (110 of Kalinowski) comprising: a deck (112 of Kalinowski) having a plurality of openings (116 of Kalinowski) through an upper support surface (118 of Kalinowski) thereof, the deck further including a plurality of intersecting ribs (130 of Kalinowski) extending downward (Fig. 14 of Kalinowski) from an upper support surface of the deck; a pair of side columns (P of Kalinowski) extending downward from side edges (120 of Kalinowski) of the deck; a plurality of corner columns (N of Kalinowski) extending downward from the deck, the plurality of corner columns and the pair of side columns aligned with the plurality of openings through the upper support surface of the deck (Figs. 12, 14, 17 of Kalinowski); and each of the plurality of corner columns including a front face (B of Kalinowski), a rear face (C of Kalinowski), an outer face (D of Kalinowski), an inner face (E of Kalinowski) opposite the outer face, and an angled face (46 of Frankenberg) between the inner face and the front face (as in Fig. 1 of Frankenberg), the angled face including a plurality of vertical corrugations (R-T of Frankenberg).
Regarding claim 15, Kalinowski as modified teaches an inner face (E of Kalinowski) that includes a plurality of vertical corrugations (V-W of Frankenberg).
Regarding claim 16, Kalinowski as modified teaches an angled face (46 of Frankenberg) that includes a first vertically-elongated recess (R of Frankenberg) between a first vertically-elongated projection (S of Frankenberg) and a second vertically-elongated projection (T of Frankenberg).
Regarding claim 17, Kalinowski teaches an inner face (E of Kalinowski) that includes a second vertically-elongated recess (V of Frankenberg) between a third vertically-elongated projection (W of Frankenberg) and the second vertically-elongated projection (T of Frankenberg).
Claims 4-13 & 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Kalinowski (20210039830) & Frankenberg (6216609) in view of Li (CN215098927).
Regarding claims 4 & 18, Kalinowski as modified teaches the structure substantially as claimed, including a second vertically-elongated projection (T of Frankenberg) having an inner surface (as in Fig. 1 of Frankenberg); but fail(s) to teach a second vertical interior rib on an inner surface of the second vertically-elongated projection. However, Li teaches a second vertical interior rib (X in Fig. 5 Annotated) on an inner surface of a second vertically-elongated projection (Y). It would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to add a second vertical interior rib, as taught by Li, to each of the corner columns of Kalinowski as modified, with a reasonable expectation of success, in order to provide structural reinforcement thereto, thereby enhancing the load-bearing capacity of the corner columns (as suggested by par. 60 of Li).
Regarding claims 5 & 18, Kalinowski teaches a third vertical interior rib (128 of Kalinowski) on an inner surface (implied by Fig. 17 of Kalinowski, which broadly teaches locating interior ribs (128) on inner surfaces of vertically-elongated recesses (G & J)) of a second vertically-elongated recess (V of Frankenberg).
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Regarding claim 6, Kalinowski teaches an outer face (D) that includes a plurality of corrugations (F-K).
Regarding claims 7 & 19, Kalinowski as modified teaches an angled gusset (L of Kalinowski) on outer surfaces (implied by Fig. 17 of Kalinowski, which broadly teaches locating gussets (123) on outer surfaces of vertically-elongated projections (F, H, K)) of each of the first vertically-elongated projection (S of Frankenberg), the second vertically-elongated projection (T of Frankenberg), and the third vertically-elongated projection (W of Frankenberg).
Regarding claims 8 & 19, Li further teaches an angled gusset (Z in Fig. 3 Annotated) on outer surfaces of first & second vertically-elongated recesses (AA). Additionally, Kalinowski broadly teaches ribs (130) contiguous with gussets (123 & L). It would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to add angled gussets, as taught by Li, on outer surfaces of first & second vertically-elongated recesses of Kalinowski as modified, with a reasonable expectation of success, in order to provide structural reinforcement to the sides of the corner columns; and to add ribs contiguous with said gussets, as taught by Kalinowski, in order to provide structural reinforcement to the deck & the sides of the corner columns.
Regarding claims 9 & 20, Kalinowski teaches a deck (112 of Kalinowski) that includes a plurality of intersecting ribs (130 of Kalinowski) and where each of the angled gussets (L of Kalinowski & Z of Li) are contiguous with a different one of the plurality of intersecting ribs (as in Fig. 13 of Kalinowski).
Regarding claim 10, Kalinowski teaches a deck (112) that includes at least one handle opening (M) therethrough (Figs. 12-13 & 17-18).
Regarding claim 11, Kalinowski as modified teaches a plurality of corner columns (N) that further includes second, third, and fourth corner columns (N) and wherein the second, third, and fourth corner columns are mirror images of the first corner column (see par. 15, 16, & 23 above).
Regarding claim 12, Kalinowski teaches a pair of side columns (P) extending downward (Figs. 13-15) from the deck (112) between the plurality of corner columns (N).
Regarding claim 13, Kalinowski teaches a deck (112) that is 18-24” by 36-48” (implied by par. 2 & 44).
Regarding claim 18, for the reasons stated in par. 17, 23, & 24 above, the structure of Kalinowski as modified would read upon the limitations of this claim.
Conclusion
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