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 § 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, 10, 12 and 13 is/are rejected under 35 U.S.C. 102(a) (1) as being anticipated by Slattery (US 2016/0237389) (cited by applicant).
Re claim 1, Slattery discloses a molded bottle (container 3) for an intermediate bulk container system, the molded bottle comprising: a bottom wall; a top wall (top 41) opposite the bottom wall; a plurality of columns (concave wall portions of wall recesses 31 of container 3 and posts 13) extending vertically from the bottom wall; and a plurality of sidewalls extending vertically between the bottom wall and the top wall and horizontally between the plurality of columns, each of the plurality of columns extending vertically further than the plurality of sidewalls (see Fig. 1 wherein posts 13 extend above the sidewalls), wherein the plurality of sidewalls comprises a front sidewall (sidewall with drainage tap 50), a rear sidewall opposite the front sidewall, a right sidewall (right side when facing front sidewall) extending horizontally between front sidewall and the rear sidewall, and a left sidewall opposite the right sidewall and extending horizontally between front sidewall and the rear sidewall, and wherein the left sidewall and the right sidewall each comprise a stiffening protrusion (center panel portion of left and right sidewalls positioned between wall recesses 31, such that stiffening protrusion protrudes outwardly of wall recesses 31), the stiffening protrusion having an upper end (upper end abutting against top assembly 9, compare Fig. 1 and 2 with the top assembly assembled to Fig. 3 exploded view) and extending vertically upward from the bottom wall to the upper end, the upper end being vertically below the top wall such that the stiffening protrusion terminates before the top wall (best shown in Fig. 3 wherein a vertical gap exists between top wall 41 and stiffening protrusion upper edge).
Re claim 2, each of the plurality of sidewalls includes a sidewall width dimension measured between a pair of the plurality of columns bordering the sidewall, wherein the stiffening protrusion comprises a first edge and a second edge opposite the first edge, the first and second edges extending vertically between the bottom wall and the upper end the stiffening protrusion, the stiffening protrusion defining a stiffening protrusion width dimension measured between the first edge and the second edge, wherein the stiffening protrusion width dimension is less than the sidewall width dimension.
Re claim 3, wherein a gap on the sidewall is defined between the first edge of the stiffening protrusion and a first neighboring one of the plurality of columns and the gap is also defined on the sidewall between the second edge of the stiffening protrusion and a second neighboring one of the plurality of columns.
Re claim 10, the bottom wall includes a central trough (flow recess 39) sloping downward to a discharge port defined in a front sidewall of the plurality of sidewalls, and a pair of generally flat inclined panels, a first of the generally flat inclined panels (Fig. 4 shows the inclined panels of the bottom wall 37 on either side of flow recess 39) sloping downward from the right sidewall of the plurality of sidewalls to the central trough and a second of the generally flat inclined panels sloping downward from the left sidewall of the plurality of sidewalls to the central trough.
Re claim 12, Slattery discloses an intermediate bulk container system, comprising: a molded bottle including a top wall, a bottom wall, a plurality of sidewalls extending between the top wall and bottom walls, and a plurality of support columns extending vertically from the bottom wall, wherein the plurality of sidewalls comprises a front sidewall, a rear sidewall opposite the front sidewall, a right sidewall extending horizontally between front sidewall and the rear sidewall, and a left sidewall opposite the right sidewall and extending horizontally between front sidewall and the rear sidewall, and the left sidewall and the right sidewall each comprise a stiffening protrusion, the stiffening protrusion having an upper end and extending vertically upward from the bottom wall to the upper end, the upper end being vertically below the top wall such that the stiffening protrusion terminates before the top wall (claim language is repetitive of claim 1); and a pallet (base 7) supporting the bottom wall of the molded bottle.
Re claim 13, the molded bottle and the pallet are each constructed of a molded thermoplastic material. See paragraph [128], lines 1-19 and paragraph [140], lines 5-7.
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) 4-6, 8, 14, 17, 19 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Slattery in view of Spann et al. (US 2021/0032016) (Spann) (cited by applicant).
Re claims 4 and 19, Slattery fails to disclose a gusset. Spann teaches a gusset (buttress 42G) extending upward from the top wall (top wall 48 and central region 64, see Fig. 1). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to add the gusset to reinforce the top wall as well as the top end of the corner columns.
Re claim 5, Slattery fails to disclose the pallet stacking structure. Spann teaches that each respective column of the plurality of support columns includes a pallet stacking structure (pallet engagement structure 78) defined at an upper end thereof. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to add the pallet stacking structure to add the capability of stacking the molded bottles for efficient use of warehouse or storage space. Re claims 6 and 8, the pallet stacking structure of Spann comprises a flat base surface (flat surface of 78), an inner alignment plateau (inner first engagement protrusion 80A), and an outer alignment plateau (outer first engagement protrusion 80B), the inner alignment plateau and the outer alignment plateau being disposed on the flat base surface and extending vertically upward therefrom, the outer alignment plateau being further from the top wall than the inner alignment plateau, wherein the inner alignment plateau and the outer alignment plateau extend an equal distance (Fig. 3 teaches that both plateaus extend the same height above protrusion 82) from the flat base surface such that they have a common elevation.
Re claim 14, Slattery fails to disclose the pallet stacking structure. Spann teaches that each respective column of the plurality of support columns includes a pallet stacking structure (pallet engagement structure 78) defined at an upper end thereof, the pallet stacking structure interlocking with a corresponding geometry defined on a bottom surface of the pallet (see Fig. 8, 9 and paragraph [80], lines 9-23). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to add the pallet stacking structure to add the capability of stacking the molded bottles for efficient use of warehouse or storage space. Re claim 17, the pallet stacking structure of Spann comprises a flat base surface and a protrusion extending vertically upward therefrom, and wherein the bottom surface of the pallet comprises and indentation engageable with the protrusion (see Fig. 8, 9 and paragraph [80], lines 9-23).
Re claim 20, an upper surface of the gusset is oriented below a bottom surface of the pallet when the pallet is provided on an upper end of the molded bottle, with a space being defined between the upper surface of the gusset and the bottom surface of the pallet. See Fig. 9.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Slattery in view of Meints et al. (US 2011/0315689) (Meints).
Slattery fails to disclose the uniform wall thickness of the plurality of columns and the plurality of sidewalls. Meints teaches a uniform wall thickness for the outer shell 14 which has a plurality of columns and a plurality of sidewalls. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to add the pallet stacking structure to modify the wall thickness to be uniform to provide equal strength and equal barrier properties for all areas of the molded bottle.
Allowable Subject Matter
Claims 7, 9, 15-16 and 18 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.
Conclusion
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sjc/STEPHEN J CASTELLANO/ Primary Examiner, Art Unit 3733