DETAILED ACTION
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 § 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 1-4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Watanabe (US 2007/0251857).
Claim 1
Watanabe discloses a container (150) comprising a pallet base (70); an open-ended sleeve (160) with a bottom edge configured to fit peripherally into the pallet base (see figure 6); and a plurality of molded plastic clips (100) (see abstract and [0122]) attached to the sleeve adjacent the bottom edge to passively lock into the pallet base when inserted therein (see [0118] and figure 11).
Claim 2
Watanabe further discloses the sleeve has four walls (see figure 11).
Claim 3
Watanabe further discloses the clips have two geometrically similar panels (103 and 104) joined in a parallel configuration by a hinge (105) wherein a sleeve wall fits into and between the parallel clip panels when a clip is attached thereto (see figures 6-10).
Claim 4
Watanabe further discloses the clip panels have passive locking means (120 and 130) integrally formed on inner surfaces thereof to passively engage through apertures (161) in a sleeve wall (see figure 7 and [0113]).
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 5 is rejected under 35 U.S.C. 103 as being unpatentable over Watanabe (US 2007/0251857) in view of Rosenfeldt (US 6,299,011) and Ritter (6,024,223).
Watanabe discloses a container structure (150) comprising a four-sided pallet base (70) and an open-ended sleeve (160) adapted for joinder to said four-sided pallet base wherein the sleeve comprises four wall panels (see figure 11); at least two opposite walls being provided with apertures (161 from where structure 110 of the clip is inserted as shown in figure 7) (see [0110]) adjacent but spaced from a bottom wall edge; and a plurality of one piece, molded plastic clips (100) (see [0122]) having integral parallel panels (103 and 104) joined by a double hinge (105); said clips being joined to said sleeve solely by integral passive locking elements (defined by structure 120 and 130 of the clips) joined through said apertures in said sleeve walls (see figure 7). Watanabe further discloses the clips including a locking key/tab (20) which is inserted into holes (71) of the pallet base (see [0101] and [0102]). Watanabe does not disclose the walls of the sleeve are joined by hinges. Watanabe does not disclose the clips including wedge-shaped tabs integrally molded onto an outside panel surface for passively locking said sleeve to said pallet base. However, Regarding the hinges in the wall panels, Rosenfeldt a container assembly (10) comprising a sleeve (defined by sidewalls 18, 20 and 22) which are attached to each other by hinges (24) disposed in the corners for allowing folding of the sleeve for folding into a stack (see abstract). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Watanabe having the walls of the sleeve attached each other by hinges as taught by Rosenfeldt for easy folding and storing operation of the container structure when not in use. Regarding clips including a wedge-shaped tab, Ritter discloses mounting clips (14) for attaching a container sleeve (12) to a pallet base (10) (see column 2 lines 57-67 and column 3 lines 1-9). Ritter further discloses the mounting clips comprising a wedge-shaped tab (102) integrally formed with the clip for insertion into a hole (104) of the pallet (see figure 3). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the locking key/tab of the clip disclosed by Watanabe having a wedge-shaped as taught by Ritter for guiding and easy insertion into the hole of the pallet base.
Claims 6 and 8-10 are rejected under 35 U.S.C. 103 as being unpatentable over Watanabe (US 2007/0251857) in view of Ritter (6,024,223).
Claim 6
Watanabe discloses a container assembly (150) comprising a pallet base (70); a four-walled sleeve (160) configured for attachment to said pallet base; and a set of molded plastic clips (100) each having a panel (103 and/or 104) with inner and outer parallel surfaces; said clips being attached to a sleeve wall with the inner panel surfaces thereof against an outer surface of a sleeve wall (see figure 7); and the clips further having a locking key/tab (20) screwed onto a surface of the clips thereof for passive locking attachment to the pallet base by bringing the clip and attached sleeve into conjugal relationship with said pallet base. Watanabe discloses the clips (100) used for attaching to the sleeve, wherein locking key/tab element (20) comprising a knob (22) which is inserted into the holes (71) of the pallet base (see [0120]). Watanabe further discloses the plastic clips are molded from resin (see [0122]). Watanabe does not disclose any of the clips or the pallet base including a molded locking tab for attachment into the other. However, Ritter discloses mounting clips (14) for attaching a container sleeve (12) to a pallet base (10) (see column 2 lines 57-67 and column 3 lines 1-9). Ritter further discloses the mounting clips comprising a tab (102) integrally formed with the clip for insertion into a hole (104) of the pallet (see figure 3). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Watanabe having the locking key/tab integral to the clip as taught by Ritter to prevent accidental loss of the locking key, making the entire clip a single piece.
Claim 8
Watanabe further discloses each clip is formed with two geometrically similar panels (103 and 104) attached to one another by means of an integral hinge section (105) and said clips are attached to said sleeve with a sleeve wall (110) between said clip panels by means of a snap lock structure (114 in combination with arm 118 and claw 119) integrally molded onto the inner parallel surfaces and passively joined to each other through an aperture in said sleeve wall (see figures 7 and 8).
Claim 9
Watanabe further discloses the sleeve is made from corrugated fiberboard for cost, durability, and easy folding operation for reuse (see [0122]), wherein it is known sleeves being foldable for easy storage when not in use (see [0003], [0010]). Watanabe does not disclose the sleeve having center fold lines in two opposite walls of the sleeve, as required. However, Ritter discloses the sleeve comprising fold lines (40 and 46) in opposite walls of the sleeve to allow folding operation of the sleeve (see figures 1 and 2). Ritter further discloses the center fold lines allows the walls to be folded in Z-folds and/or accordion style between corners of the sidewalls facilitating the stack of multiple sleeves disposed over pallets (see figure 2). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the sleeve of Watanabe having center fold lines in opposite walls for storage purposes of the container assembly.
Claim 10
After Watanabe is modified by Ritter, the clips attached to said opposite walls will be staggered relative to said center fold lines.
Claims 6, 7, 9 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Ritter (6,024,223) in view of Watanabe (US 2007/0251857).
Claim 6
Ritter discloses a container assembly comprising a pallet base (10); a four-walled sleeve (12) configured for attachment to said pallet base; and a set of plastic clips (14, 16, 18, and 20) (see column 4 lines 7-9) each having a panel (defined by any of 66 or 68) with inner and outer parallel surfaces; said clips being attached to a sleeve wall with the inner panel surfaces thereof against an outer surface of a sleeve wall (see figures 3 and 4); and the clips further having a locking tab (102) onto a surface thereof for passive locking attachment to the pallet base by bringing the clip and attached sleeve into conjugal relationship with said pallet base (see figure 4). Regarding the limitation of the clips being molded, even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process." In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985). Watanabe discloses a clip (100) for attaching a sleeve (160) to a pallet sleeve (70), wherein the clip is made from molded plastic (see [0122]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the clip of Ritter being molded from plastic material as taught by Watanabe since molded plastic clips used for attaching structural elements form a container assembly are well-known and nominal in the art.
Claim 7
Ritter further discloses the locking tab is wedge shaped, and the pallet base has means, such as an opening (104) formed therein to passively receive and lock to said clip tab and sleeve when said conjugal relationship is achieved. After Ritter is modified by Watanabe, the locking tab will be integrally molded with said clip.
Claim 9
Ritter further discloses the sleeve has center fold lines (40 and 46) in two opposite walls to allow the sleeve, when detached from said pallet base, to be folded accordion style (see figures 1 and 2).
Claim 10
Ritter further discloses the clips attached to said opposite walls are staggered relative to said center fold lines (see figure 2).
Conclusion
Examiner has cited particular paragraphs and/or columns and line numbers in the references as applied to the claims above for the convenience of the applicant. Although the specified citations are representative of the teachings of the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested of the applicant, in preparing responses, to fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or prior art(s) disclosed by the Examiner (in the attached PTO-892 form).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAFAEL A. ORTIZ whose telephone number is (571)270-5240. The examiner can normally be reached Monday - Friday 9am - 6pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Orlando E. Aviles can be reached at 571-270-5531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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RAFAEL A. ORTIZ
Primary Examiner
Art Unit 3736
/RAFAEL A ORTIZ/Primary Examiner, Art Unit 3736
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