DETAILED ACTION
This action is responsive to election of claims filed 03/31/2026.
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 .
Election/Restrictions
1. Claims 17-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected group, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 03/31/2026.
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)(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.
2. Claims 1-16 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Hall (7,038,585).
As to claims 1 and 11: Hall teaches a tracking apparatus, comprising:
a main body having a first end, a second end opposite to the first end, and a
longitudinal axis defined therebetween (figure 6, element 12 defining a longitudinal body);
a cavity that extends downwardly into the main body along an axis that is
non-parallel to the longitudinal axis (the gap between 12 and 14 defines the cavity); and
a tracking element encapsulated inside of the cavity (46) and is free from being in
contact with an external environment that is external to the main body (sealed from the external environment);
wherein the main body is adapted to be mounted to a shipping unit (20 is defined as a cargo drum for shipping).
As to claim 2: Hall teaches at least one fastener removably engageable with the main body configured to mount the main body to the shipping unit (13).
As to claim 3: Hall teaches at least one fastener operably engageable with the main body at one of the first end and the second end and is configured to mount the main body to the shipping unit (13, first and second ends are the ends of the screw fasteners).
As to claim 4: Hall teaches at least one opening defined in the main body, wherein the at least one opening is configured to receive the at least one fastener for mounting said main body to the shipping unit (holes in element 12 and element 14 are shown to engage the fasteners 13);
wherein the at least one opening is free from being in communication with
the cavity (the openings are not aligned with the cavity).
As to claims 5 and 12: Hall teaches that the main body further comprises:
a base wall positioned between the first end and the second end; and
an internal lateral wall extending outwardly from the base wall and positioned
between the first end and the second end (figure 3, showing elements 12 and 14 in engagement, wall shown near the left side of 12, extending the length of the cavity);
wherein the base wall and the internal lateral wall collectively define the
cavity (as seen in figure 2, cavity is the element underneath 12).
As to claims 6 and 13: Hall teaches that the main body further
comprises:
a top end (14);
a bottom end opposite to the top end (12); and
a protrusion extending outwardly from the top end, wherein the protrusion is
in communication with the internal lateral wall and the base wall (elements 16).
As to claims 7 and 14: Hall teaches that the cavity is accessible from the bottom end only (as seen in figure 6).
As to claims 8 and 15: Hall teaches a first opening defined in the main body at the first end; and
a second opening defined in the main body at the second end opposite to the
first opening;
wherein the cavity is defined between the first opening and the second
opening and is free from being in communication with the first opening and the
second opening (openings seen as screw holes in 12 and 14, figure 6).
As to claims 9 and 16: Hall teaches a pair of fasteners operably engageable with the main body at the first opening and the second opening;
wherein the first opening and the second opening are configured to receive
the pair of fasteners for mounting said main body to the shipping unit (figure 6, posts 16 receiving fasteners for mounting).
As to claim 10: Hall teaches that the tracking element is a
radio-frequency identification (RFID) element (column 6, third paragraph).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID P TARDIF whose telephone number is (571)270-7810. The examiner can normally be reached on M-F 11AM-7:30PM. If the examiner cannot be reached by telephone, he can be reached through the following email address: david.tardif@uspto.gov
If attempts to reach the examiner by telephone and email are unsuccessful, the examiner’s supervisor, Thomas Pham can be reached on (571)272-3689. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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DAVID TARDIF
Examiner
Art Unit 2876
/DAVID TARDIF/
Examiner, Art Unit 2876
david.tardif@uspto.gov
/THOMAS K PHAM/Supervisory Patent Examiner, Art Unit 2876
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