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.
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.
Claim 8 is 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 pre-AIA the applicant regards as the invention. Claim 8 is vague and indefinite since the recitation is misdescriptive to applicant’s device. The recitation in claim 8 that “wherein the first anterior vertical frame member and the second anterior vertical frame member are attached to the upper horizontal member and the one or more lower frame members” is incorrect. The first and second anterior vertical frame members (206) is not attached to the one or more lower frame members (208), figure 2). The vertical frame members 206 are attached to the lower horizontal member (112).
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 2, 4-7, 9-12, 18, and 19 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Emmitt et al (US no. 11214401).
Regarding claim 1, Emmitt discloses a material rack (10) comprising: an upper horizontal member (41t, figure 2); a lower horizontal member (54r, figure 1) and one or more vertical frame members (20r, 24r, figure 1), wherein the one or more vertical frame members (20r, 24r) are attached to the upper horizontal member (41t) and the lower horizontal member (54r, figure); and a horizontal frame channel (54f, figure 1, note applicant’s ‘horizontal frame channel’ is defined as “shaped as cuboidal rods (or may be cylindrical rods) that may be hollow or solid” see paragraph [0038]) and one or more lower frame members (50I and 50r, figure 1), wherein the one or more lower frame members (50I, 50r, figure 1) are attached to the lower horizontal member (54r) and the horizontal frame channel (54f), and wherein the upper horizontal member (40t), the lower horizontal member (54r) and the horizontal frame channel (54f) are aligned parallel to each other.
Regarding claim 2, Emmitt discloses the material rack of claim 1 further comprising one or more vertical member attachment bars (40t, figures 1 and 2), wherein the one or more vertical member attachment bars (40t) are attached to the upper horizontal member (41t, figure 2).
Regarding claim 4, Emmitt discloses the material rack of claim 1, wherein the one or more vertical frame members (20r and 24r) comprise a first interior vertical frame member (20r) and a second interior vertical frame member (24r), and wherein longitudinal axes of the first interior vertical frame member (20r) and the second interior vertical frame member (24r, figure 1) are perpendicular to a longitudinal axis of the lower horizontal member (54r, figure 1).
Regarding claim 5, Emmitt discloses the material rack of claim 4 further comprising one or more anterior vertical frame members (20f).
Regarding claim 6, Emmitt discloses the material rack of claim 5, wherein the one or more anterior vertical frame members (20f) are disposed parallel to the first interior vertical frame member (20r) and the second interior vertical frame member (24r).
Regarding claim 7, Emmitt discloses the material rack of claim 5, wherein the one or more anterior vertical frame members comprise a first anterior vertical frame member (20f) and a second anterior vertical frame member (24f, figure 1).
Regarding claim 9, Emmitt discloses the material rack of claim 5, wherein lengths of the one or more anterior vertical frame members (20f and 24f) are equivalent to lengths of the one or more vertical frame members (20r, 24r).
Regarding claim 10, Emmitt discloses the material rack of claim 1 further comprising one or more loader fork receptacle tubes (60, figures 1 and 2) attached to the horizontal frame channel (54f) and the lower horizontal member (54r).
Regarding claim 11, Emmitt discloses the material rack of claim 10, wherein the one or more loader fork receptacle tubes (60) comprise a first loader fork receptacle tube (60) and a second loader fork receptacle tube (the other tube 60).
Regarding claim 12, Emmitt discloses the material rack of claim 10, wherein the one or more loader fork receptacle tubes (60) comprise openings (60, figure 1) disposed at edges of the one or more loader fork receptacle tubes that are attached to the horizontal frame channel (54f), and wherein the openings are configured to receive forks of a mechanical material loader (column 3, lines 62-65).
Regarding claim 18, Emmitt discloses the material rack of claim 1, wherein the material rack is oriented in a horizontal position when the one or more vertical frame members (20r, 24r) are oriented substantially parallel to ground, and wherein the material rack is oriented in a vertical position when the one or more vertical frame members (20r, 24r) are oriented substantially perpendicular to the ground (figure 1).
Regarding claim 19, Emmitt discloses a material rack (10) comprising: an upper horizontal member (41t) and one or more vertical member attachment bars (40t), wherein the one or more vertical member attachment bars (40t)are attached to the upper horizontal member (41t); a lower horizontal member (54r, figure 1) and one or more vertical frame members (20r, 24r), wherein the one or more vertical frame members (20r, 24r) are attached to the one or more vertical member attachment bars (40t) and the lower horizontal member (54r); a horizontal frame channel (54f) and one or more lower frame members (50I, 50r, figure 1), wherein the one or more lower frame members (50I, 50r) are attached to the lower horizontal member (54r) and the horizontal frame channel (54f), and wherein the upper horizontal member (41t), the lower horizontal member (54r) and the horizontal frame channel (54f) are aligned parallel to each other; and one or more loader fork receptacle tubes (60) attached to the horizontal frame channel (54f) and the lower horizontal member (54r), wherein the one or more loader fork receptacle tubes (60) comprise openings (60, figure 1) disposed at edges of the one or more loader fork receptacle tubes that are attached to the horizontal frame channel (54f), and wherein the openings are configured to receive forks of a mechanical material loader(column 3, lines 62-65).
Claims 1-4, 10,12, 13, 18, 19, and 20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Schroder (US no. 4824317).
Regarding claim 1, Schroder disclose a material rack comprising: an upper horizontal member (52, figure 1); a lower horizontal member (50) and one or more vertical frame members (20, 22), wherein the one or more vertical frame members are attached to the upper horizontal member and the lower horizontal member; and a horizontal frame channel (54) and one or more lower frame members (11, 12), wherein the one or more lower frame members (11) are attached to the lower horizontal member (50) and the horizontal frame channel (54, note: applicant’s ‘horizontal frame channel’ is defined as “shaped as cuboidal rods (or may be cylindrical rods) that may be hollow or solid” see paragraph [0038]), and wherein the upper horizontal member (52), the lower horizontal member (54) and the horizontal frame channel (54) are aligned parallel to each other.
Regarding claim 2, Schroder discloses the material rack of claim 1 further comprising one or more vertical member attachment bars (24, 26, figure 1), wherein the one or more vertical member attachment bars (24, 26) are attached to the upper horizontal member (52).
Regarding claim 3, Schroder discloses the material rack of claim 2, wherein the one or more vertical member attachment bars (24, 26) comprise a first vertical member attachment bar (24) and a second vertical member attachment bar (26), wherein the first vertical member attachment bar (24) is attached to a proximal portion of the upper horizontal member (52), and wherein the second vertical member attachment bar (26) is attached to a distal portion of the upper horizontal member (52).
Regarding claim 4, Schroder discloses the material rack of claim 1, wherein the one or more vertical frame members (20, 22) comprise a first interior vertical frame member (20) and a second interior vertical frame member (22), and wherein longitudinal axes of the first interior vertical frame member and the second interior vertical frame member are perpendicular to a longitudinal axis of the lower horizontal member (50).
Regarding claim 10, Schroder discloses the material rack of claim 1 further comprising one or more loader fork receptacle tubes (12) attached to the horizontal frame channel (54) and the lower horizontal member (50).
Regarding claim 12, Schroder discloses the material rack of claim 10, wherein the one or more loader fork receptacle tubes (12) comprise openings (16) disposed at edges of the one or more loader fork receptacle tubes (12) that are attached to the horizontal frame channel, and wherein the openings are configured to receive forks (36) of a mechanical material loader.
Regarding claim 13, Schroder discloses the material rack of claim 12 further comprising one or more diagonal braces (32) attached to the upper horizontal member (52) and the one or more loader fork receptacle tubes (12).
Regarding claim 18, Schroder discloses the material rack of claim 1, wherein the material rack is oriented in a horizontal position when the one or more vertical frame members (20 and 22) are oriented substantially parallel to ground, and wherein the material rack is oriented in a vertical position when the one or more vertical frame members are oriented substantially perpendicular to the ground (figure 1).
Regarding claim 19, Shroder discloses a material rack comprising: an upper horizontal member (52) and one or more vertical member attachment bars (24, 26), wherein the one or more vertical member attachment bars (24, 26) are attached to the upper horizontal member (52); a lower horizontal member (50) and one or more vertical frame members (20, 22), wherein the one or more vertical frame members (20, 22) are attached to the one or more vertical member attachment bars (24, 26) and the lower horizontal member (50); a horizontal frame channel (54) and one lower frame member (11), wherein the one lower frame member (11) are attached to the lower horizontal member (50) and the horizontal frame channel (54), and wherein the upper horizontal member (52), the lower horizontal member (50) and the horizontal frame channel (54) are aligned parallel to each other; and one loader fork receptacle tube (12) attached to the horizontal frame channel (54) and the lower horizontal member (50), wherein the one loader fork receptacle tube (12) comprise opening (16) disposed at edges of the one loader fork receptacle tube (12) that are attached to the horizontal frame channel (54), and wherein the opening (16) are configured to receive forks (36) of a mechanical material loader.
Regarding claim 20, Shroder discloses a material rack comprising: an upper horizontal member (52) and one or more vertical member attachment bars (24, 26), wherein the one or more vertical member attachment bars (24, 26) are attached to the upper horizontal member (52); a lower horizontal member (50) and one or more vertical frame members (20, 22), wherein the one or more vertical frame members (20, 22) are attached to the one or more vertical member attachment bars (24, 26) and the lower horizontal member (50); a horizontal frame channel (54) and one lower frame member (11), wherein the one lower frame member (11) are attached to the lower horizontal member (50) and the horizontal frame channel (54), and wherein the upper horizontal member (52), the lower horizontal member (50) and the horizontal frame channel (54) are aligned parallel to each other; and one loader fork receptacle tube (12) attached to the horizontal frame channel (54) and the lower horizontal member (50), wherein the one loader fork receptacle tube (12) comprise opening (16) disposed at edges of the one loader fork receptacle tube (12) that are attached to the horizontal frame channel (54), and wherein the opening (16) are configured to receive forks (36) of a mechanical material loader, and one or more diagonal braces (32) attached to the upper horizontal member (52) and the one loader fork receptacle tube (12).
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 16 is rejected under 35 U.S.C. 103 as being unpatentable over Emmitt et al (US no. 11214401) in view of Garcia (US No. 4243354).
Regarding claim 16, Emmitt discloses the material rack of claim 12 as discussed above except for further comprising one or more loader fork tensioning bolts attached to the one or more loader fork receptacle tubes, wherein the one or more loader fork tensioning bolts are configured to securely retain the forks of the mechanical material loader in the one or more loader fork receptacle tubes. Garcia (US No. 4243354) teaches a material rack comprising a vertical frame member (29, figure 3) and a lower horizontal frame member (19, figure 4) a horizontal member (23) and loader fork receptacle tubes (17) with openings (17, figure 3); wherein one or more loader fork tensioning bolts (25) attached to the one or more loader fork receptacle tubes (17), wherein the one or more loader fork tensioning bolts (25) are configured to securely retain the forks (13) of the mechanical material loader in the one or more loader fork receptacle tubes (17). It would have been obvious to one of ordinary skilled in the art to have modify the material rack of Emmitt such that one or more loader fork tensioning bolts are provided to attach to the one or more loader fork receptacle tubes, wherein the one or more loader fork tensioning bolts are configured to securely retain the forks of the mechanical material loader in the one or more loader fork receptacle tubes as taught to be desirable by Garcia.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Emmitt et al (US no. 11214401) in view of Campbell (US no. 5439152)
Regarding claim 17, Emmitt discloses the material rack of claim 1 except further comprising one or more material retention chain eyelets attached to the upper horizontal member, wherein the one or more material retention chain eyelets are configured to receive and attach one end of a material retention chain used to secure goods on the material rack. Campbell (US no. 5439152) teaches in a material rack (figure 2) with upper horizontal member (124) and lower horizontal member (70), and vertical frame members (110 and 80) attached to the upper and lower horizontal members wherein
one or more material retention chain eyelets (114) attached to the upper horizontal member (124), wherein the one or more material retention chain eyelets (124) are configure to receive and attach one end of a material retention chain (128) used to secure goods (126) on the material rack
It would have been obvious to one of ordinary skilled in the art to have modify the material handling rack of Emmitt such that one or more material retention chain eyelets attached to the upper horizontal member, wherein the one or more material retention chain eyelets are configured to receive and attach one end of a material retention chain used to secure goods on the material rack as taught to be desirable by Campbell.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Schroder (US no. 4824317) in view of Garcia (US No. 4243354).
Regarding claim 16, Schroder discloses the material rack of claim 12 as discussed above except for further comprising one or more loader fork tensioning bolts attached to the one or more loader fork receptacle tubes, wherein the one or more loader fork tensioning bolts are configured to securely retain the forks of the mechanical material loader in the one or more loader fork receptacle tubes. Garcia (US No. 4243354) teaches a material rack comprising a vertical frame member (29, figure 3) and a lower horizontal frame member (19, figure 4) a horizontal member (23) and loader fork receptacle tubes (17) with openings (17, figure 3); wherein one or more loader fork tensioning bolts (25) attached to the one or more loader fork receptacle tubes (17), wherein the one or more loader fork tensioning bolts (25) are configured to securely retain the forks (13) of the mechanical material loader in the one or more loader fork receptacle tubes (17). It would have been obvious to one of ordinary skilled in the art to have modify the material rack of Schroder such that one or more loader fork tensioning bolts are provided to attach to the one or more loader fork receptacle tubes, wherein the one or more loader fork tensioning bolts are configured to securely retain the forks of the mechanical material loader in the one or more loader fork receptacle tubes as taught to be desirable by Garcia.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Schroder (US no. 4824317) in view of Campbell (US no. 5439152)
Regarding claim 17, Schroder discloses the material rack of claim 1 except further comprising one or more material retention chain eyelets attached to the upper horizontal member, wherein the one or more material retention chain eyelets are configured to receive and attach one end of a material retention chain used to secure goods on the material rack. Campbell (US no. 5439152) teaches in a material rack (figure 2) with upper horizontal member (124) and lower horizontal member (70), and vertical frame members (110 and 80) attached to the upper and lower horizontal members wherein one or more material retention chain eyelets (114) attached to the upper horizontal member (124), wherein the one or more material retention chain eyelets (124) are configure to receive and attach one end of a material retention chain (128) used to secure goods (126) on the material rack
It would have been obvious to one of ordinary skilled in the art to have modify the material handling rack of Schroder such that one or more material retention chain eyelets attached to the upper horizontal member, wherein the one or more material retention chain eyelets are configured to receive and attach one end of a material retention chain used to secure goods on the material rack as taught to be desirable by Campbell.
Allowable Subject Matter
Claim 8 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.
Claims 14 and 15 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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The remaining cited prior art of record further demonstrate material rack of interest.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Ko (Korie) H Chan whose telephone number is (571)272-6816. The examiner can normally be reached on Monday -Friday, 8:00 - 5:00 EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Liu can be reached on 571-272-8227. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Ko H Chan/Primary Examiner, Art Unit 3631
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