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 Objections
Claims objected to because of the following informalities:
Claim 1 line 1 “System comprising” should read “A system comprising”
Claims 2-9
Claim 12 line 1 “Pallet comprising” should read “A pallet comprising”
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-12 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The term “are formed by means of” in claim 1 is a relative term which renders the claim indefinite. The term “are formed by means of” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. This phrase is used twice in claim 1, the claim states that the stacking members are formed by means of stacking pins and the stacking member receivers are formed by means of stacking pin receivers. As written, it sounds as though new items (stacking pins and stacking pin receivers) are being introduced. The pins and receivers are not tools for forming the parent feature. For the purposes of examination, “formed by means of” shall be interpreted as “composed of” . Claims 2-11 directly or indirectly depend from claim 1 and are also rejected.
Claim 1 recites the limitation "the first and second stacking pin receivers" in line 11. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "the stacking pin" in line 14. There is insufficient antecedent basis for this limitation in the claim. Prior recitations of a singular stacking pin was with respect to intended function of the device. There is the first positive recitation of a singular stacking pin.
Claim 1 recites the limitation "the " in line 15. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "the " in line 15-16. There is insufficient antecedent basis for this limitation in the claim.
Claim 2 recites the limitation "at least one second stacking pin receiver" in line 2. There is insufficient antecedent basis for this limitation in the claim. A second stacking pin receiver is stated in claim 1.
Claim 2 recites the limitation "at least one second stacking pin receiver" in line 2. There is insufficient antecedent basis for this limitation in the claim. A second stacking pin receiver is stated in claim 1.
Claim 12 recites the limitation "the carcass side" in line 8. There is insufficient antecedent basis for this limitation in the claim.
Claim 12 recites the limitation "the first stacking pin receiver" in line 8. There is insufficient antecedent basis for this limitation in the claim. The prior recitation involves multiple receivers.
Claim 12 recites the limitation "the end side" in lines 8-9. There is insufficient antecedent basis for this limitation in the claim.
Claim 12 recites the limitation "the " in line 10. There is insufficient antecedent basis for this limitation in the claim. Prior recitations of a singular stacking pin was with respect to intended function. There was no positive recitation of a singular stacking pin.
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, 6, 10-12 is/are rejected under 35 U.S.C. 102a(1) as being anticipated by Mallan (US 20020195027 A1).
With respect to claim 1, Mallan discloses a system comprising at least one pallet, in particular a lightweight pallet (610c), a plurality of containers (612,674,614), in particular of a similar design, each having four circumferential side walls and in each case a container base, and comprising a plurality of stacking members (618c) as separate components, wherein the pallet has an upper deck with a bearing surface and, on the underside of the upper deck, a plurality of feet and/or runners (page 1 [0018], wheels, especially locked, can be considered feet), and wherein the upper deck (616) comprises first stacking member receivers (hole surrounding 618c), characterised in that the stacking members are formed by means of stacking pins (618c), in particular of a similar design, and the stacking member receivers are formed by means of stacking pin receivers (676), and in that the container base of each container comprises in each case at least one second stacking pin receiver (676), wherein the first and second stacking pin receivers are dimensioned for insertion of a stacking pin and can be arranged with respect to one another such that each container can be fixed on the upper deck by means of the stacking pin, wherein the stacking pin can be arranged in a stable manner in a first position (position with 618c in 676), in which the stacking pin engages, on the carcass side, into the first stacking pin receiver, on the end side protrudes over the bearing surface and engages into the second stacking pin receiver, and wherein the stacking pin can be arranged in a stable manner in a second position (when container is pressed down or when 672 is against the stacking pin), in which the stacking pin is countersunk in the first stacking pin receiver, wherein the stacking pin is located in a clamping fit (can consider force applied by container to create a “clamping fit”) with the upper deck or in a thread of the upper deck.
Examiner Note: 618c can be considered a pin from the following definition “a piece of solid material (such as wood or metal) used especially for fastening things together or as a support by which one thing may be suspended from another” (Merriam-Webster). Alternative interpretation “something that resembles a pin especially in slender elongated form” (Merriam-Webster) is met when considering the horizontal orientation extension.
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With respect to claim 6, Mallan discloses the system as claimed in claim 1, characterised in that at least one stacking pin (618c) is designed as a locating pin, wherein the dimensions of the locating pin and of the first stacking pin receiver are adapted to one another such that the locating pin can be inserted through the first stacking pin receiver (recess in 610 for 618), in particular from below, under compression (second position, in compression), and can be held in the first stacking pin receiver in a form-fitting manner or in a clamping fit (clamped down by spring and 674).
With respect to claim 10, Mallan discloses the system as claimed in claim 1, characterised in that the stacking pin can be held in a first position (618c in 676) in a form-fitting and/or force-fitting manner in the upper deck, wherein the stacking pin (618c) engages, on the carcass side, into the first stacking pin receiver (recess for 618c on 610) and protrudes on the end side over the bearing surface, and can be held in the second position (when 672 presses on 618c) in a form-fitting and/or force-fitting manner in the upper deck, wherein the stacking pin is completely countersunk in the first stacking pin receiver.
With respect to claim 11, Mallan discloses the system as claimed in claim 1, characterised in that the containers can be arranged on the upper deck, substantially covering the surface in one container tier (as shown in figure 24b).
With respect to claim 12, Mallan discloses the system a pallet comprising a plurality of stacking pins inserted therein, the pallet (610c) having an upper deck with a bearing surface and, on the underside of the upper deck, a plurality of feet and/or runners (page 1 [0018], wheels, especially locked, can be considered feet), wherein the upper deck comprises first stacking pin receivers (recess around 618c) dimensioned for an insertion of a stacking pin, characterised in that the stacking pin can be arranged in a stable manner in a first position, in which the stacking pin engages, on the carcass side, into the first stacking pin receiver, on the end side protrudes over the bearing surface, and wherein the stacking pin (618c) can be arranged in a stable manner in a second position (pressed against 672), in which the stacking pin is countersunk in the first stacking pin receiver, wherein the stacking pin is located in a clamping fit with the upper deck or in a thread of the upper deck.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mallan (US 20020195027 A1) in view of Vinke (US 20230312171 A1).
With respect to claim 2, the references as applied to claim 1, above, disclose all the limitations of the claims except for in that at least one second stacking pin receiver is designed as an aperture of a container base flange or as an aperture in the container base of reinforcing ribs which are present. It can be understood that Mallans stacking pins extend around a perimeter of the pallet and would therefore mate with a perimeter of the container base. However, in a similar field of endeavor, namely containers for pallets, Vinke taught of a container with a base flange (244) for the purpose of being reinforced side edges (page 3 [0046]). It would have been obvious for someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the container of Mallans to include a base flange with a second stacking pin receiver as taught by Vinke in order to allow for reinforced side edges.
Pertinent Prior Art
Claims 3-5 and 7-9 are rejected 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. Claim 3 is rejected due to its dependency on the rejected claim 1. Search results for prior art in this field failed to identify at least one first stacking pin receiver is delimited by an in particular circumferential receiver fitting, by a partial ring-shaped flange portion and/or by a threaded portion.
Claim 4 is rejected due to its dependency on the rejected claim 1. Search results for prior art in this field failed to identify at least one stacking pin has a conical or cylindrical body portion and at least one end portion which has a larger diameter than the body portion.
Consequentially, claim 5 is rejected to due to their dependencies on previously rejected claim 1 however they also depend upon the allowable subject matter from claim 4 due to dependencies on claims 4.
Claim 7 is rejected due to its dependency on the rejected claim 6. Search results for prior art in this field failed to identify in that the locating pin has at least one annular lip which is circumferential around the periphery of a body portion.
Claim 8 is rejected due to its dependency on the rejected claim 1. Search results for prior art in this field failed to identify in that at least one stacking pin is designed as a locating pin and has a body portion which is divided by an annular lip into an end-side body portion and a carcass-side body portion, wherein, in a first position, the end-side body portion and, in a second position, the carcass-side body portion can be held in a form-fitting manner or in a clamping fit in the first stacking pin receiver.
Claim 9 is rejected due to its dependency on the rejected claim 1. Search results for prior art in this field failed to identify in that at least one stacking pin is formed as a bayonet screw, wherein the first stacking pin receiver is delimited by a threaded portion which is adapted to a bayonet threaded portion of the bayonet screw, so that the bayonet screw can be held in the first stacking pin receiver in a force-fitting and/or form-fitting manner.
Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US-4754594-A OR US-10046884-B1 OR US-6817578-B1 OR US-5809904-A OR US-11014738-B2 OR US-6220462-B1 OR US-4802948-A OR US-20020195027-A1 OR US-20230312171-A1 OR US-20070137532-A1 OR US-20050081763-A1 OR US-20040182048-A1 OR US-20030219323-A1 OR US-20220002026-A1 OR US-20250178784-A1 OR US-20170210506-A1 OR US-20140137775-A1 OR US-20110005433-A1 OR US-20250026477-A1 OR US-20020005150-A1
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SYMREN K SANGHERA whose telephone number is (571)272-5305. The examiner can normally be reached Mon - Fri.
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/SYMREN K SANGHERA/Examiner, Art Unit 3735