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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the square tubes and the connecting plate located above the frame must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities: the tubes that are part of the pallet are not square in shape. They are rectangular with square cross sections. Also in paragraph 0037, the support structure which includes the connecting plate is stated as being inside of the frame. However, in paragraph 0038, the plate is stated as being above the frame. 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 1-10 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. For claims 1, 4-7 and 10, the tubes that are part of the pallet are not square in shape. They are rectangular with square cross sections. This discrepancy making the claims indefinite.
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.
Claims 1, 2, and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ye et al (CN110589176). Ye teaches a novel carrying pallet (Figs. 1, 2 and 6), comprising a frame (4) and a support structure located inside the frame, wherein the support structure comprises a plurality of first square (cross-sectioned) tubes (7), a plurality of support pillars (with 6) and a connecting plate (1 with 5), the plurality of first square tubes are distributed side by side, two ends of each of the plurality of first square tubes are connected with the frame (Fig. 2), an outer side of the connecting plate is connected with the frame (Figs. 2 and 6), the plurality of support pillars are located on the plurality of first square tubes and are vertically arranged, the plurality of support pillars are connected with the plurality of first square tubes and the connecting plate (Figs. 2 and 6), and each corner of the frame is provided with a foot (2). Wherein the connecting plate is located above the frame (Fig. 1). Wherein a plurality of first mating holes (3) are formed in the connecting plate.
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 4 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Ye et al (CN110589176) in view of Fox et al (EP2,163,486). As stated above, Ye teaches the limitations of claim 1, including a frame on the pallet. The frame comprises a plurality of sections, the sections are connected in sequence in an end to end manner to form a rectangular frame, the connecting plate is connected with the sections, two ends of each of the plurality of first square tubes are respectively connected with two sections, which are oppositely arranged and the foot is installed at a joint of every two adjacent sections of the plurality of sections. For claims 4 and 5, Ye fails to teach that the frame is made up of “square cross-sectioned” tubes. Fox teaches a pallet frame (Fig. 2) comprising “square cross-sectioned” tubes (2). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the pallet of Ye by using tube frame sections, such as is taught by Fox, therein in place of the frame sections presently used, to provide a reinforced and stronger frame with the pallet.
For claim 5, Fig. 2 of Ye appears to show columns/pillars within the frame. Even if this were not the case, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the pallet of Ye by adding columns/pillars within the frame tubes for reinforcing purposes.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Ye et al (CN110589176) in view of GB937354. As stated above, Ye teaches the limitations of claim 1, including a foot on the pallet. For claim 8, Ye fails to teach the features of the foot claimed. GB’354 teaches a foot for a pallet (Fig. 2) comprises a guide portion (9) and a support portion (8) located below the guide portion, an opening is formed in a top of the guide portion, the guide portion is internally provided with a stretching space in a shape of a reverse taper, a cavity is formed in the support portion, the cavity is connected with the stretching space, and the guide portion is connected with the frame. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the pallet of Ye by using alternate feet therein, i.e. using the feet of GB’354 in place of the feet presently used or with only members 11, to provide a sturdier support thereon. Furthermore, since these feet are functional equivalents, either would work equally well on the pallet of Ye.
Allowable Subject Matter
Claims 3, 6, 7 and 10 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. References 20250382094; 20250178784; 10189601; and 20090255446 teaches various pallets.
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Wilkens
January 22, 2026
/JANET M WILKENS/ Primary Examiner, Art Unit 3637