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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-13 of U.S. Patent No. 12/234,054 in view of Fitzgerald et al (2021/0323725). The patent teaches a shipping tray, comprising: a top side; a bottom side; a front support having a first front corner and a second front corner; a rear support having a first rear corner and a second rear corner; a first side support; a second side support; a central brace connecting each of the first front corner, the second front corner, the first rear corner, and the second rear corner; and a plurality of holders configured to receive a plurality of legs of a chair, wherein one holder of the plurality of holders is disposed at each of the first front corner, the second front corner, the first rear corner, and the second rear corner; wherein each of the front support, the rear support, the first side support, the second side support, and the central brace is hollow and has a plurality of structural ribs disposed on the bottom side. The central brace has a first front arm connecting the first front corner to a center portion, a second front arm connecting the second front corner to the center portion, a first rear arm connecting the first rear corner to the center portion, and a second rear arm connecting the second rear corner to the center portion. For claims 1 and 2, the patent is silent as to whether the center portion, the first front arm, the second front arm, the first rear arm, and the second rear arm form a continuous/planar top surface. Fitzgerald teaches a tray having a center portion, the first front arm, the second front arm, the first rear arm, and the second rear arm forming a continuous top surface (see annotated figure below).
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It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the tray of the patent by specifically constructing the arms and center portion as a continuous/planar top, such as is taught by Fitzgerald, to provide an upper portion with planar surfaces that can support more types of loads, for aesthetic purposes, etc.
The patent in view of Fitzgerald further teaches that the plurality of structural ribs of the front support includes: a first front rib disposed adjacent the first front corner; a second front rib disposed adjacent the second front corner; and a third front rib disposed between the first front rib and the second front rib; wherein the first front rib, the second front rib, and the third front rib each orthogonally traverse a front length of the front support (see Fig. 5). Wherein the plurality of structural ribs of the rear support includes a first rear rib, a second rear rib, and a third rear rib each orthogonally traversing a rear length of the rear support, the first rear rib disposed adjacent the first rear corner, the second rear rib disposed adjacent the second rear corner, and the third rear rib disposed between the first rear rib and the second rear rib (see annotated Fig. 5). Wherein the plurality of structural ribs of the first side support and second side support each includes a first side rib, a second side rib, a third side rib, each orthogonally traversing a side support length of each the first side support and the second side support, the first rear rib disposed adjacent each the first front corner and second front corner, the second side rib disposed adjacent each the first rear corner and second rear corner, and the third rear rib disposed between the first side rib and the second side rib (see annotated Fig. 5). Wherein each of the first front corner, the second front corner, the first rear corner, and the second rear corner has a corner border that circumscribes the one of the plurality of holders disposed at each of the first front corner, the second front corner, the first rear corner, and the second rear corner (see Fig. 5). There is also a first chair having a plurality of legs, the plurality of legs received in the plurality of holders of the shipping tray. The first side support and the second side support each have a fourth side rib oriented parallel with the first side support and the second side support, the fourth side rib being disposed along a side support length between the first front corner and first rear corner, and between the second front corner and the second rear corner. Wherein a length of each of the first front arm and the second front arm is greater than a length of each of the first rear arm and the second rear arm. A plurality of apertures is formed in each of the first side support and the second side support, and each aperture of the plurality of apertures is substantially stadium shaped. Wherein the plurality of structural ribs of the central brace includes: a first center rib disposed between a junction formed by the first front arm and second front arm and a junction formed by the first rear arm and the second rear arm; and a second center rib disposed between a junction formed by the first front arm and the first rear arm and a junction formed by the second front arm and the second rear arm. Wherein the plurality of structural ribs of the central brace includes a first brace rib, a second brace rib, a third brace rib, and a fourth brace rib, each traversing one of the first front arm, the second front arm, the first rear arm, and the second rear arm, the first brace rib disposed between the first front corner and the center portion, the second brace rib disposed between the second front corner and the center portion, the third brace rib disposed between the first rear corner and the center portion, and the fourth brace rib disposed between the second rear corner and the center portion. Wherein the plurality of structural ribs includes a plurality of first corner ribs disposed between the first front corner and a first front holder, a plurality of second corner ribs disposed between the second front corner and a second front holder, a plurality of third corner ribs disposed between the first rear corner and a first rear holder, and a plurality of fourth corner ribs disposed between the second rear corner and a second rear holder.
Wherein the corner border has a corner border side surface and a pair of angled side surfaces, and one of the front support, the rear support, the first side support, and the second side support has a support side surface, and each of the pair of angled side surfaces of the corner border connects the corner border side surface and the support side surface. Wherein each of the holders includes a base having a drainage hole disposed in the base, and a plurality of walls, the plurality of walls and the base together defining a recess configured to receive one leg of the plurality of legs of the chair, the recess decreasing in size towards the base.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: a tray having the center portion, the first front arm, the second front arm, the first rear arm, and the second rear arm forming a continuous and planar top surface needs to be discussed in the specification.
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, 3-5 and 14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nevo (2012/0037050). Nevo teaches a shipping tray (Figs. 4 and 5), comprising: a top side (Fig. 4); a bottom side (Fig. 5); a front support (a; see annotated figure below) having a first front corner and a second front corner; a rear support (b) having a first rear corner and a second rear corner; a first side support (c); a second side support (d); a central brace (11) connecting each of the first front corner, the second front corner, the first rear corner, and the second rear corner; and a plurality of holders (corner recesses in 12) configured to receive a plurality of legs of a chair, wherein one holder of the plurality of holders is disposed at each of the first front corner, the second front corner, the first rear corner, and the second rear corner; wherein each of the front support, the rear support, the first side support, the second side support, and the central brace is hollow and has a plurality of structural ribs disposed on the bottom side (see ribs in Fig. 5 annotated below). The central brace has a first front arm (e) connecting the first front corner to a center portion (12 in center), a second front arm (g) connecting the second front corner to the center portion, a first rear arm (f) connecting the first rear corner to the center portion, and a second rear arm (h) connecting the second rear corner to the center portion. Where the center portion, the first front arm, the second front arm, the first rear arm, and the second rear arm form a continuous top surface (even though the recess in the center portion 12 is below the arms, the pallet is one piece with all the members, including the arms and center portion, forming an unbroken whole structure and including an upper/top surface).
Wherein the plurality of structural ribs of the front support includes: a first front rib disposed adjacent the first front corner; a second front rib disposed adjacent the second front corner; and a third front rib disposed between the first front rib and the second front rib; wherein the first front rib, the second front rib, and the third front rib each orthogonally traverse a front length of the front support (see Fig. 5). Wherein the plurality of structural ribs of the rear support includes a first rear rib, a second rear rib, and a third rear rib each orthogonally traversing a rear length of the rear support, the first rear rib disposed adjacent the first rear corner, the second rear rib disposed adjacent the second rear corner, and the third rear rib disposed between the first rear rib and the second rear rib (see annotated Fig. 5). Wherein the plurality of structural ribs of the first side support and second side support each includes a first side rib, a second side rib, a third side rib, each orthogonally traversing a side support length of each the first side support and the second side support, the first rear rib disposed adjacent each the first front corner and second front corner, the second side rib disposed adjacent each the first rear corner and second rear corner, and the third rear rib disposed between the first side rib and the second side rib (see annotated Fig. 5). Wherein each of the first front corner, the second front corner, the first rear corner, and the second rear corner has a corner border that circumscribes the one of the plurality of holders disposed at each of the first front corner, the second front corner, the first rear corner, and the second rear corner (see Fig. 5).
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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.
Claims 17-20 are rejected under 35 U.S.C. 103 as being unpatentable Nevo (2012/0037050) in view of Jannetides et al (9,149,122). Nevo teaches a shipping tray (Figs. 4 and 5), comprising: a top side (Fig. 4); a bottom side (Fig. 5); a front support (a; see annotated figure above) having a first front corner and a second front corner; a rear support (b) having a first rear corner and a second rear corner; a first side support (c); a second side support (d); a central brace (11) connecting each of the first front corner, the second front corner, the first rear corner, and the second rear corner; and a plurality of holders (corner recesses in 12) configured to receive a plurality of legs of a chair, wherein one holder of the plurality of holders is disposed at each of the first front corner, the second front corner, the first rear corner, and the second rear corner; wherein each of the front support, the rear support, the first side support, the second side support, and the central brace is hollow and has a plurality of structural ribs disposed on the bottom side (see ribs in Fig. 5 annotated above). Nevo further teaches that the central brace has a first front arm (e ) connecting the first front corner to a center portion (12 in center), a second front arm (g) connecting the second front corner to the center portion, a first rear arm (f) connecting the first rear corner to the center portion, and a second rear arm (h) connecting the second rear corner to the center portion. For claims 17 and 19, Nevo fails to teach a first chair having a plurality of legs, the plurality of legs received in the plurality of holders of the shipping tray. Jannetides teaches stacked chairs received in holders of a pallet (Fig. 4). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the pallet of Nevo by transporting stacked chairs thereon, such as is taught by Jannetides, the legs of the chairs being received by the holders (12), to provide a specific load for the pallet and to provide an alternate pallet to transport the chairs. Since all of the structural limitations of claim 19 have been met by Nevo in view of Jannetides, the method steps would inherently be provided for.
For claims 18 and 20, Nevo in view of Jannetides further teaches that the first chair comprises a plurality of chairs stacked on top of the first chair, the plurality of chairs including at least one of the chair stacked on top of another of the chair.
Claims 6 and 7 are rejected under 35 U.S.C. 103 as being unpatentable Nevo (2012/0037050) in view of Naidu et al (7,779,764). As stated above, Nevo teaches the limitations of claims 1 and 3-5, including first and second side ribs. For claim 6, Nevo fails to teach that the first side support and the second side support each have a fourth side rib oriented parallel with the first side support and the second side support, the fourth side rib being disposed along a side support length between the first front corner and first rear corner, and between the second front corner and the second rear corner. Naidu teaches side supports (Fig. 2) having a fourth side rib (21) oriented parallel with the side supports, the fourth side rib being disposed along a side support length between two corners. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the pallet of Nevo by adding fourth side ribs to the first and second side supports, such as is taught by Naidu, to provide additional lateral reinforcement.
For claim 7, it would have been an obvious design consideration to construct the pallet of Nevo in view of Naidu so that a length of each of the first front arm and the second front arm is greater than a length of each of the first rear arm and the second rear arm for load placement purposes, aesthetic reasons, etc. Such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ237 (CCPA 1955) and MPEP2144.04
Claims 11 and 12 are rejected under 35 U.S.C. 103 as being unpatentable Nevo (2012/0037050). As stated above, Nevo teaches the limitations of claim 1, including front and rear supports. For claim 11, it would have been an obvious design consideration to construct the pallet of Nevo so that a length of the front support is greater than the rear support for load placement purposes, aesthetic reasons, etc. Such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ237 (CCPA 1955) and MPEP2144.04
For claim 12, Nevo further teaches that a width of the first side support and a width of the second side support are each greater than a width of the front support and a width of the rear support (see Fig. 5).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable Nevo (2012/0037050) in view of Meyer (D459,050). As stated above, Nevo teaches the limitations of claims 1, 11 and 12, including side supports. For claim 13, Nevo fails to teach a plurality of apertures is formed in each of the first side support and the second side support, and each aperture of the plurality of apertures is substantially stadium shaped. Meyer teaches a plurality of apertures formed in side supports (Fig. 1). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the pallet of Nevo by adding apertures in the side supports, such as is taught by Meyer, to make the pallet more light-weight. Furthermore, it would have been an obvious design consideration to make the apertures stadium shaped for aesthetic reasons.
Allowable Subject Matter
If the Double Patent rejection is resolved:
Claims 2, 8-10, 15 and 16 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.
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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Wilkens
June 4, 2025
/JANET M WILKENS/ Primary Examiner, Art Unit 3637
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