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 .
This is the First Office action on the Merits from the examiner in charge of this application.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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 rectangle or square cross sections.
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 1-6 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.
Regarding claims 1 and 5 recite the limitation “square tube”. The tubes that are part of the pallet are not square in shape. The “first structure comprises a first square tube” as represented by Fig. 12 is rectangle with a rectangular cross section. The “second structure comprises a second square tube and a third square tube” as represented by Fig. 13 show two rectangular tubes with square cross sections. Therefore, the claim is indefinite.
Regarding claim 5, the limitation “wherein a plurality of second auxiliary holes are formed in a top of the first square tube and a top of the second square tube” requires a first square tube and a second square tube. The “first square tube” is part of the first structure of claim 1, the “second square tube” is part of the second structure of claim 1. It is unclear if this limitation requires one or more of the beam frames to adopt the first structure and one or more of the beam frames to adopt the second structure. It is also unclear how this limitation can depend upon claim 1 in the instance that the first/second beam frames adopt the third or fourth structures which do not require any “square tubes”. Therefore, the claim is indefinite.
Claims 2-5 are rejected for depending upon a rejected claim.
Claim Rejections - 35 USC § 103
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 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 1-4 are rejected under 35 U.S.C. 103 as being unpatentable over Ye (CN110589176) in view of Erschen (U.S. Pat. No. 10046884).
With respect to claim 1, Ye discloses a carrying pallet, comprising a frame (Fig. 1, plate 4), a support structure (Fig. 6, plurality of u-shaped plates 7) and a plurality of feet (support feet 2), wherein the frame (plate 4) comprises a plurality of first beam frames which are connected in sequence in an end to end manner (“boarding 4 is composed of four vertically arranged sheet metal are fixed by welding”), the support structure (plurality of u-shape plates 7) comprises a plurality of second beam frames (u-shaped plates 7) which are distributed side by side and at intervals (Fig. 6 shows u-shaped plates 7 arranged next to each other), each of the plurality of feet (support feet 2) is installed between every two adjacent first beam frames (sheet metal of plate 4) of the plurality of first beam frames (Fig. 5, support feet 2 are located at each corner where each individual sheet metal piece of plate 4 meets the adjacent piece of sheet metal), and each the plurality of second beam frames (u-shaped plates 7) respectively adopts any one of a first structure, a second structure, a third structure and a fourth structure; the first structure comprises a first square tube, and the first square tube is internally provided with a plurality of first columns which are vertically arranged; the second structure comprises a second square tube and a third square tube, the second square tube and the third square tube are arranged one above another, a plurality of second columns, which are vertically arranged, are arranged between the second square tube and the third square tube, and two ends of each of the plurality of second columns respectively stretch into the second square tube and the third square tube; the third structure comprises a U-shaped profile (u-shaped plates 7 each comprise a u-shaped beam), and the U-shaped profile is internally provided with a plurality of third columns (Figs. 2 and 6, each u-shaped profile 7 has a plurality of cannulas 6 fixed to an inside of the u-shaped profiles); and the fourth structure comprises an upper L-shaped profile and a lower L-shaped profile, the upper L-shaped profile and the lower L-shaped profile are arranged one above another, and a plurality of fourth columns are arranged between the upper L-shaped profile and the lower L-shaped profile.
Ye fails to disclose each of the plurality of first beam frames respectively adopts any one of a first structure, a second structure, a third structure and a fourth structure; the first structure comprises a first square tube, and the first square tube is internally provided with a plurality of first columns which are vertically arranged; the second structure comprises a second square tube and a third square tube, the second square tube and the third square tube are arranged one above another, a plurality of second columns, which are vertically arranged, are arranged between the second square tube and the third square tube, and two ends of each of the plurality of second columns respectively stretch into the second square tube and the third square tube; the third structure comprises a U-shaped profile, and the U-shaped profile is internally provided with a plurality of third columns; and the fourth structure comprises an upper L-shaped profile and a lower L-shaped profile, the upper L-shaped profile and the lower L-shaped profile are arranged one above another, and a plurality of fourth columns are arranged between the upper L-shaped profile and the lower L-shaped profile.
Erschen discloses each of a plurality of first beam frames (Fig. 1, perimeter members 30) respectively adopts any one of a first structure, a second structure, a third structure and a fourth structure; the first structure comprises a first square tube, and the first square tube is internally provided with a plurality of first columns which are vertically arranged; the second structure comprises a second square tube and a third square tube, the second square tube and the third square tube are arranged one above another, a plurality of second columns, which are vertically arranged, are arranged between the second square tube and the third square tube, and two ends of each of the plurality of second columns respectively stretch into the second square tube and the third square tube; the third structure comprises a U-shaped profile (Fig. 5, perimeter members 30 have a u-shaped profile), and the U-shaped profile is internally provided with a plurality of third columns (Fig. 1, plurality of support tubes 40 are provided within the u-shaped perimeter members 30); and the fourth structure comprises an upper L-shaped profile and a lower L-shaped profile, the upper L-shaped profile and the lower L-shaped profile are arranged one above another, and a plurality of fourth columns are arranged between the upper L-shaped profile and the lower L-shaped profile.
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 frame of Ye by replacing the vertical sheet metal strips with u-shaped supports having support tubes, such as taught by Erschen, with a reasonable expectation of success in order to provide additional vertical load support along the edges of the pallet and to further provide structure for receiving additional aligning rods (such as pins 28 of Erschen or insert rods 14 of Ye) for aligning and organizing items stored on the pallet..
With respect to claim 2, Ye in view of Erschen discloses the limitation set forth above. The combination (Ye) further discloses wherein a baffle plate (Fig. 1, guard board 8) is arranged on an outer side of each of the plurality of first beam frames (Figs. 1 and 2 guard board surrounds plates 4 as modified by Erschen).
With respect to claim 3, Ye in view of Erschen discloses the limitation set forth above. The combination (Ye) further discloses a panel (support plate 1), wherein the panel (1) is installed on a top of the frame (plate 4) and a top of the support structure (plurality of u-shaped plates 7).
With respect to claim 4, Ye in view of Erschen discloses the limitation set forth above. The combination (Ye) further discloses wherein a plurality of first auxiliary holes (blind holes 3) are formed in the panel (support plate 1).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Ye (CN110589176) in view of Erschen (U.S. Pat. No. 10046884) in further view of EP ‘375 (EP3670375).
With respect to claim 6, Ye in view of Erschen discloses the limitation set forth above except wherein each of the plurality of feet comprises a guide portion and a support portion 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.
EP ‘375 discloses plurality of feet (Abstract, “plurality of replaceable feet”) comprises a guide portion (Fig. 8, upper part 12) and a support portion (lower part 11) located below the guide portion (12), an opening is formed in a top of the guide portion (Fig. 8, top of upper part 12 is open), the guide portion is internally provided with a stretching space in a shape of a reverse taper (cavity of upper part 12 tapers inward), a cavity is formed in the support portion (Fig. 8 shows lower part 11 has an open cavity), the cavity is connected with the stretching space (cavities of lower part 11 and upper part 12 are connected), and the guide portion is connected with the frame (Fig. 3, the upper part 12 of foot 1 is connected with surface openings of pallet 2 as shown in Figs. 29-32).
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 in view of Erschen such that each of the plurality of feet comprises a guide portion and a support portion 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, as taught by EP ‘375, with a reasonable expectation of success in order to easily stack the pallets in a nested arrangement.
Claim 1 is rejected under 35 U.S.C. 103 as being unpatentable over Kemp (U.S. Pat. No. 3118400) in view of Gunn (U.S. Pat. No. 8267018).
With respect to claim 1, Kemp discloses a carrying pallet, comprising a frame (see annotated Fig. 6 below, peripheral frame), a support structure (see annotated Fig. 6 below, central support structure), wherein the frame (peripheral frame) comprises a plurality of first beam frames (side bar members 30 and end bar members 31) which are connected in sequence in an end to end manner (Col. 4, lines 1-2, “side and end bar members are welded together at each corner of the pallet”), the support structure (central support structure) comprises a plurality of second beam frames (Fig. 7, upper cover plate 37 with upper angle bars 36 and lower cover plate 37 with lower angle bars 36) which are distributed side by side and at intervals (Fig. 7 shows upper 37 with upper 36 and lower 37 with lower 36 are distributed side-by-side, vertically, and spaced apart from each other), and each of the plurality of first beam frames (side bar members 30 and end bar members 31) and the plurality of second beam frames (upper 37 with upper 36, lower 37 with lower 36) respectively adopts any one of a first structure, a second structure, a third structure and a fourth structure; the first structure (see Fig. 7, cover plate 37 with angle boards 36) comprises a first square tube (cover plate 37 and angle board 36 join together forming a tube with a square cross-section), and the first square tube (37 with 36) is internally provided with a plurality of first columns (blocks 40) which are vertically arranged (blocks 40 are arranged vertically between cover plate 37 and angle bar 36); the second structure (see Fig. 6, side bar members 30 or end bar members 31) comprises a second square tube (lower horizontal beam of 30 or 31 is tube with a square cross section) and a third square tube (upper horizontal beam of 30 or 31 is tube with a square cross section), the second square tube and the third square tube are arranged one above another (upper horizontal beam of 30 or 31 is above lower horizontal beam of 31 or 31), a plurality of second columns (tubular bars 32), which are vertically arranged, are arranged between the second square tube and the third square tube (tubular bars 32 are extend vertically between upper and lower horizontal beams 30 or 31), and two ends of each of the plurality of second columns respectively stretch into the second square tube and the third square tube (tubular bars 32 are welded to the upper and lower horizontal bars (Col. 4, lines 11-14) therefore they stretch into the upper/lower horizontal bars by way of chemical bonding); the third structure comprises a U-shaped profile, and the U-shaped profile is internally provided with a plurality of third columns; and the fourth structure comprises an upper L-shaped profile and a lower L-shaped profile, the upper L-shaped profile and the lower L-shaped profile are arranged one above another, and a plurality of fourth columns are arranged between the upper L-shaped profile and the lower L-shaped profile.
PNG
media_image1.png
541
1010
media_image1.png
Greyscale
Annotated Fig. 6
Kemp fails to disclose a plurality of feet, each of the plurality of feet is installed between every two adjacent first beam frames of the plurality of first beam frames.
Gunn discloses a pallet with a plurality of feet (Fig. 15, castors 88), each of the plurality of feet (88) is installed between every two adjacent first beam frames of the plurality of first beam frames (castors 88 are installed at each corner of the pallet between front plate 12 and its adjacent side gussets 44 as well as between rear plate 14 and its adjacent side gussets 44).
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 Kemp to include castors, such as taught by Gunn, with a reasonable expectation of success in order to allow the pallet to easily roll and be transported across the ground or another supporting surface.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Kemp (U.S. Pat. No. 3118400) in view of Gunn (U.S. Pat. No. 8267018) in further view of Erschen (U.S. Pat. No. 10046884).
With respect to claim 5, Kemp in view of Gunn discloses the limitation set forth above. The combination (Kemp) further discloses wherein a plurality of second auxiliary holes (Fig. 7, screw holes for securing screws 39) are formed in a top of the first square tube (upper cover plate 37 with angled bars 36).
The combination fails to discloses a plurality of second auxiliary holes are formed in a top of the second square tube.
Erschen discloses a frame with a plurality of secondary auxiliary holes (Fig. 1 and 9, banding tubes 44) formed in a top of the square tubes (perimeter members 30).
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 second square tube of Kemp in view of Gunn to include banding holes, such as taught by Erschen, with a reasonable expectation of success, in order to provide structure for securing materials, such as securing sheet materials down with straps, to the pallet for transportation (see Col. 7, lines 8-21 and Fig. 9 of Erschen).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELIZABETH IRENE ARTALEJO whose telephone number is (571)272-4292. The examiner can normally be reached M-F 8-6.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/E.I.A./ Examiner, Art Unit 3637
/HANH V TRAN/Primary Examiner, Art Unit 3637