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.
Claims 11 and 12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Linnell, Sr. et al. 2015/0014264.
In Re Claim 11, Linnell, Sr. et al. teach a method comprising: positioning a moveable bottom (16) within a tray (10), the tray comprising a wall (62) having a track (40) formed thereon, the track extending from a bottom portion of the wall to a top portion of the wall, (Fig. 5) the moveable bottom having a first end and a second end, wherein the first end has a bracket (see bracket with bolt holes attached to 16, Fig. 3) attached thereto, the bracket comprising one or more projections (bolts shown Fig. 3) extending into the track; moving the moveable bottom from a first position (adjacent 12) within the tray to a second position (20) within the tray, thereby moving the one or more projections within the track from a position proximate the bottom portion of the wall to a position proximate the top portion of the wall. (abstract)
In Re Claim 12, Linnell, Jr. et al. teach wherein when the moveable bottom is in the first position, the moveable bottom forms a planar surface with the unloading surface. (Fig. 9, Surface 16 of front tray 10 forms a planar surface with a surface of the tray 10 in the rear)
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Linnell, Sr et al. and in view of Harres et al. 2003/0006174.
In Re Claim 20, Linnell, Sr. et al. teach the method of Claim 11 as discussed above.
Linnell, Sr. et al. do not teach wherein the wall further comprises a top edge, wherein moving the moveable bottom to a position proximate the top portion of the wall comprises positioning the first end of the moveable bottom flush with the top edge of the wall.
However, Harres et al. teach wherein the wall further comprises a top edge (top wall of 25, Fig. 4), wherein moving the moveable bottom (90) to a position proximate the top portion of the wall comprises positioning the first end of the moveable bottom flush with the top edge of the wall. (Fig. 4)
It would have been obvious to one having ordinary skill in the art before the application was filed to position the first end of the movable bottom flush with a top edge of the wall in the method of Linnell, Sr. et al. as taught by Harres et al. with a reasonable expectation for success in order to make it easier to access an object.
Allowable Subject Matter
Claims 1-10 are allowed.
Claims 13-19 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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Stauber and Bergerioux et al. teach a tray with a wall and a moveable bottom.
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GLENN F. MYERS
Examiner
Art Unit 3652
/GLENN F MYERS/ Examiner, Art Unit 3652
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