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 .
Terminal Disclaimer
The terminal disclaimer filed on September 16, 2026 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of 12,220,051; 11,324,311; and 11,766,117 has been reviewed and is accepted. The terminal disclaimer has been recorded.
Election/Restrictions
Newly submitted claim 22 is directed to an invention that is independent or distinct from the invention originally claimed for the following reasons: claim 22 is directed to a method of forming a molded plastic structure, including the steps of forming a structure using a plastic material in a mold and introducing a gas. The original claims are article claims directed to the plastic structure and its features.
Since applicant has received an action on the merits for the originally presented invention, this invention has been constructively elected by original presentation for prosecution on the merits. Accordingly, claim 22 has been withdrawn from consideration as being directed to a non-elected invention. See 37 CFR 1.142(b) and MPEP § 821.03.
To preserve a right to petition, the reply to this action must distinctly and specifically point out supposed errors in the restriction requirement. Otherwise, the election shall be treated as a final election without traverse. Traversal must be timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are subsequently added, applicant must indicate which of the subsequently added claims are readable upon the elected invention.
Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
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 1-21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Peery et al (2013/0081560). Peery teaches a molded plastic structure (Fig. 1) comprising: a tabletop (12) including an upper portion (62), a lower portion (68), and a hollow interior portion disposed between the upper portion and the lower portion (paragraph 0078); a lip (20) extending outwardly relative to the lower portion of the tabletop, the lip including an outer surface and an inner surface (Fig. 10); a plurality of risers (84 with sides of 94) disposed in the inner surface of the lip, each riser of the plurality of risers including a lip portion and a tabletop portion, the lip portion comprising a first portion (a; see annotated figure below) connected to a first portion of the inner surface of the lip and a second portion (b) connected to a second portion of the inner surface of the lip; the tabletop portion comprising a first portion (c) connected to a first portion of the lower portion of the tabletop and a second portion (d) connected to a second portion of the lower portion of the tabletop; and an elongated tack-off (e ) disposed between a pair of risers of the plurality of risers, the elongated tack-off disposed at least proximate the lip and the tabletop, the elongated tack-off including a first end (f) disposed at least proximate a first riser of the pair of risers and a second end (g) disposed at least proximate a second riser of the pair of risers.
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Peery further teaches an opening (h) in the inner surface of the lip disposed between the first portion of the inner surface of the lip and the second portion of the inner surface of the lip of the lip portion of a riser of the plurality of risers; and further comprising an opening (i) in the lower portion of the tabletop disposed between the first portion of the lower portion of the tabletop and the second portion of the lower portion of the tabletop of the tabletop portion of a riser of the plurality of risers. Wherein the opening in the inner surface of the lip and the opening in the lower portion of the tabletop are aligned (two i openings align with one h opening; one i opening aligns with half of h opening). The openings form a gas flow pathway at least partially formed by the lip portion and the tabletop portion of the riser and a gas flow pathway at least partially formed by the hollow interior portion of the tabletop and a hollow interior portion of a riser of the plurality of risers. Note: "Gas flow pathway" is taken to mean space where a gas, such as air, can be located. Peery further teach that the tabletop, the lip, the plurality of risers, and the elongated tack-off are integrally formed as part of a unitary, one- piece structure. There is a structural feature (middle of 94) disposed between the pair of risers. Wherein the plurality of risers provide support to the lip. Wherein the elongated tack-off at least substantially prevents fluid flow between the tabletop and the lip.
Peery also teaches a corner of the tabletop (Fig. 4), a first riser of the pair of risers disposed on a first side of the corner and a second riser of the pair of risers disposed on a second side of the corner, the elongated tack-off (Fig. 12; see arrow below) extending along a radius of the corner between the pair of risers.
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Wherein the tabletop of Peery further includes a perimeter; wherein the pair of risers are part of a plurality of pairs of risers; wherein the elongated tack-off has a length measured from a first end to a second end; wherein the elongated tack-off is part of a plurality of elongated tack-offs; wherein an elongated tack-off is disposed between each pair of risers; and wherein a combined length of the plurality of elongated tack-offs comprises a length that is greater than fifty percent (50%) of the perimeter, greater than sixty percent (60%) of the perimeter, greater than seventy percent (70%) of the perimeter, greater than eighty percent (80%) of the perimeter, or greater than ninety percent (90%) of the perimeter.
Peery also teaches a molded plastic structure (Fig. 1) comprising: a tabletop (12) comprising an upper portion (68), a lower portion (62), and a hollow interior portion disposed between the upper portion and the lower portion (paragraph 0078); a lip (20) extending outwardly relative to the lower portion of the tabletop, the lip including an outer surface and an inner surface (Fig. 10); a plurality of risers (84 with sides of 94) disposed in the inner surface of the lip, each riser of the plurality of risers disposed between the inner surface of the lip and the lower portion of the tabletop, each riser of the plurality of risers comprising: a first side (a) connected to the inner surface of the lip and the lower portion of the tabletop; and a second side (b) connected to the inner surface of the lip and the lower portion of the tabletop, the first side and the second side separated by a distance; and a plurality of elongated tack-offs (e), an elongated tack-off of the plurality of elongated tack-offs disposed between a pair of adjacent risers of the plurality of risers. There is structural feature (middle of 94) disposed between a pair of adjacent risers of the plurality of risers. Wherein a first end (f) of an elongated tack-off of the plurality of elongated tack-offs disposed between a pair of adjacent risers of the plurality of risers is disposed at least proximate a first riser of the pair risers and a second end (g) of the elongated tack-off is disposed at least proximate a second riser of the pair of risers. Wherein the elongated tack-off disposed between a pair of adjacent risers of the plurality of risers has a length generally equal to a distance separating the adjacent risers (Fig. 10). Peery further teaches a gas flow pathway at least partially disposed between the first side of the riser and the second side of the riser, the gas flow pathway sized and configured to allow gas to flow between the hollow interior portion of the tabletop and the lip. Wherein a majority of risers of the plurality of risers are spaced generally an equidistance apart (Fig. 4). Wherein a majority of risers of the plurality of risers are spaced generally an equidistance apart along at least a portion of a side of the tabletop and along at least a portion of an end of the tabletop (Fig. 4). Peery also teaches a corner of the tabletop, the corner including a first end and a second end (Fig. 4) , an elongated tack-off (Fig. 12; see arrow above) of the plurality of elongated tack-offs extending between the first end and the second end of the corner. Further comprising: a corner of the tabletop, the corner including a first end, a second end and a radius (Fig. 4); a first riser of a pair of risers of the plurality of risers disposed proximate the first end of the corner; a second riser of the pair of risers of the plurality of risers disposed proximate the second end of the corner; and an elongated tack-off (Fig. 12; see arrow above) of the plurality of tack-offs extending along the radius of the corner and between the first riser and the second riser.
Perry further teaches a molded plastic structure (Fig. 1) comprising :a generally planar body portion (12) including an upper portion (62), a lower portion (64), and a hollow interior portion disposed between the upper portion and the lower portion (paragraph 0078); a lip (20) extending outwardly relative to the body portion, the lip including an outer surface and an inner surface (Fig. 10); a plurality of risers (84 with sides of 94) disposed in the inner surface of the lip, each riser of the plurality of risers disposed between the inner surface of the lip and the lower portion of the body portion, each riser of the plurality of risers comprising: a first side (a) connected to the inner surface of the lip and the lower portion of the body portion; and a second side (b) connected to the inner surface of the lip and the lower portion of the body portion, the first side and the second side separated by a distance; and a plurality of elongated tack-offs (e), an elongated tack-off of the plurality of elongated tack-offs disposed between a pair of adjacent risers of the plurality of risers.
Perry finally teaches a table (Fig. 1) comprising: a blow-molded plastic tabletop (12) including an upper portion (62), a lower portion (68), and a hollow interior portion disposed between the upper portion and the lower portion (paragraph 0078); a lip (20) extending downwardly relative to the lower portion, the lip including an inner surface and an outer surface (Fig. 10); a plurality of risers (84 with sides 94,76) disposed in the inner surface of the lip, each riser of the plurality of risers including a lip portion (84 with 94) and a tabletop portion (76), the lip portion comprising a first portion (a) connected to a first portion of the inner surface of the lip and a second portion (b) connected to a second portion of the inner surface of the lip; the tabletop portion comprising a first portion (72) connected to a first portion of the lower portion of the tabletop and a second portion (second 72) connected to a second portion of the lower portion of the tabletop; an elongated tack-off (e ) disposed between a pair of risers of the plurality of risers, the elongated tack-off disposed at least proximate the lip and the tabletop, the elongated tack-off including a first end disposed at least proximate a first riser of the pair of risers and a second end disposed at least proximate a second riser of the pair of risers (Fig. 10); a frame (including 42,44) connected to the tabletop; and one or more support structures (28) sized and configured to support the tabletop above a surface.
Response to Arguments
Applicant's arguments filed September 16, 2026 have been fully considered but they are not persuasive. As to the statement that the double patenting rejections are contested, there are no specific arguments as to why the rejections are improper. The terminal disclaimer has been entered; thereby making the rejections moot. There are no arguments directed to the art rejections over Peery et al (2013/0081560). The limitation added to claim 2 and new claim 21 are rejectable over Peery, as discussed above.
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JANET M WILKENS whose telephone number is 571-272-6869. The examiner can normally be reached Mon thru Thurs 7am-5:30pm EST.
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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.
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Wilkens
October 7, 2026
/JANET M WILKENS/ Primary Examiner, Art Unit 3637
