Notice of Pre-AIA or AIA Status
This is a first office action on the merits of application SN 19/024,200 and filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the runner secured to the top deck of claim 22 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claim(s) 1-9, 11-21, and 23 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent 5,357,875 to Winebarger.
Winebarger teaches
1. An elongate pallet runner (11) comprising: - a plurality of panels (29 as best seen in figures 2 and 5), each panel bent relative to an adjacent panel (figure 2) to form a continuous spiral structure (figure 2) having a cross-sectional profile (as best seen in figure 2 and 5) that is nested, each panel having a planar surface that abuts against a planar surface of another panel (as best seen in figures 2 and 5).
2. wherein the cross-sectional profile comprises nested layers of bent panels, each nested layer having a same geometric shape (figure 2 and 5).
3. wherein each panel is orientated perpendicular to its adjacent panel (as best seen in figure 2).
4. wherein each panel is separated from its adjacent panel by a respective fold line (27,28).
5. wherein each panel is folded relative to its adjacent panel about the respective fold line (as best seen in figure 2).
6. wherein at least some of the abutting panels are adhered to each other by an adhesive (Col 5, lines 35-37).
7. wherein the plurality of adjacent panels are integrally formed (from a blank 21 of corrugated cardboard, Col 5, lines 13-30).
8. wherein the elongate pallet runner has a rectangular cross-sectional profile (as best seen in figure 2).
9. wherein the elongate pallet runner is formed of corrugated cardboard (Col 5, lines 13-30).
11. A pallet comprising a deck (14) having a top side and a bottom side and a plurality of elongate pallet runners (11) secured to the bottom side of the deck, wherein each of the plurality of elongate pallet runners comprises:- a plurality of panels (29 as best seen in figures 2 and 5), each panel bent relative to an adjacent panel to form a continuous spiral structure (figure 2) having a cross-sectional profile that is nested, each panel having a planar surface that abuts against a planar surface of another panel (as best see in figures 2 and 5).
12. wherein the cross-sectional profile comprises nested layers of bent panels, each nested layer having a same geometric shape (as best see in figures 2 and 5).
13. wherein each panel is orientated perpendicular to its adjacent panel (as best seen in figure 2).
14. wherein each panel is separated from its adjacent panel by a respective fold line (27,28).
15. wherein each panel is folded relative to its adjacent panel about the respective fold line (as best seen in figure 2).
16. wherein at least some of the abutting panels are adhered to each other by an adhesive (Col 5, lines 35-37).
17. wherein the plurality of adjacent panels are integrally formed (from a blank 21 of corrugated cardboard, col 5, lines 13-30).
18. wherein each elongate pallet runner has a rectangular cross- sectional profile (as best seen in figure 2).
19. wherein each elongate pallet runner is formed of corrugated cardboard (Col 5, lines 13-30).
20. wherein the pallet comprises three elongate pallet runners (as best seen in figure 1).
21. wherein the deck and plurality of elongate pallet runners are made from corrugated carboard (Col 4, lines 17-19).
23. A method of forming a corrugated pallet (10), the method comprising affixing a plurality of elongate pallet runners (is inherently and explicitly taught by the disclosure of Winebarger) to the same side of a deck, wherein each of the plurality of elongate pallet runners comprises:- a plurality of panels (29 as best seen in figure 2 and 5), each panel bent relative to an adjacent panel to form a continuous spiral structure (figure 2) having a cross-sectional profile (figure 2) that is nested, each panel having a planar surface that abuts against a planar surface of another panel (as best seen in figures 1, 2, and 5).
Claim(s) 1, 2, 4-7, 9-12, 14-17, and 19-23 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent 2,728,545 to Hermitage
Hermitage teaches
1. An elongate pallet runner (14,16,18) comprising: - a plurality of panels (A-L as best seen in figures 2 and 4), each panel bent relative to an adjacent panel to form a continuous spiral structure (as best seen in figure 2) having a cross-sectional profile (as best seen in figure 2) that is nested, each panel having a planar surface that abuts against a planar surface of another panel (as best seen in figure 2).
2. wherein the cross-sectional profile comprises nested layers of bent panels, each nested layer having a same geometric shape (rectangle).
4. wherein each panel is separated from its adjacent panel by a respective fold line (as best seen in figure 4).
5. wherein each panel is folded relative to its adjacent panel about the respective fold line (as best seen in figures 1-4).
6. wherein at least some of the abutting panels are adhered to each other by an adhesive (Col 3, lines 55-60).
7. wherein the plurality of adjacent panels are integrally formed (formed from a blank as best seen in 4).
9. wherein the elongate pallet runner is formed of corrugated cardboard (Col 3, lines 24-28, corrugated or solid fiberboard).
10. wherein an innermost panel of the spiral structure includes a diagonal portion (as best seen in figures 2-3) that does not abut against the planar surface of another panel.
11. A pallet comprising a deck (10) having a top side and a bottom side and a plurality of elongate pallet runners (14, 16, 19) secured to the bottom side of the deck, wherein each of the plurality of elongate pallet runners comprises:- a plurality of panels (A-L as best seen in figures 2 and 4), each panel bent relative to an adjacent panel to form a continuous spiral structure (as best seen in figure 2) having a cross-sectional profile that is nested, each panel having a planar surface that abuts against a planar surface of another panel (as best seen in figures 1-4).
12. wherein the cross-sectional profile comprises nested layers of bent panels, each nested layer having a same geometric shape (rectangle).
14. wherein each panel is separated from its adjacent panel by a respective fold line (figure 4).
15. wherein each panel is folded relative to its adjacent panel about the respective fold line (figures 2 and 4).
16. wherein at least some of the abutting panels are adhered to each other by an adhesive (Col 3, lines 55-60).
17. wherein the plurality of adjacent panels are integrally formed (from a blank as best seen in figure 4).
19. wherein each elongate pallet runner is formed of corrugated cardboard (Col 1, lines 69-72).
20. wherein the pallet comprises three elongate pallet runners (14, 16, 18 as best seen in figure 1).
21. wherein the deck and plurality of elongate pallet runners are made from corrugated carboard (Col 1, lines 69-72).
22. wherein the deck is a first deck and wherein the corrugated pallet further comprises a second deck (20) having a top side and bottom side, wherein the plurality of elongate pallet runners are secured to the top side of the second deck.
23. A method of forming a corrugated pallet, the method comprising affixing a plurality of elongate pallet runners (as best seen in figure 1 is also inherently and explicitly taught by the disclosure of Hermitage) to the same side of a deck, wherein each of the plurality of elongate pallet runners comprises:- a plurality of panels (A-L), each panel bent relative to an adjacent panel to form a continuous spiral structure (as best seen in figure 2) having a cross-sectional profile that is nested, each panel having a planar surface that abuts against a planar surface of another panel (as best seen in figures 1-4).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY MICHAEL AYRES whose telephone number is (571)272-8299. The examiner can normally be reached Monday - Friday 11:30-8.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Dan 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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/TIMOTHY M AYRES/Examiner, Art Unit 3637
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