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 § 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.
Claim19 is 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.
Claim 19 recites the limitation " at least three of the legs,” there is insufficient antecedent basis for this limitation in the claim. Claim 17 only recites “a leg”
Claim 19 recites “rotationally symmetric positions” but the specification does not define this term, thus Examiner has applied the broadest reasonable interpretation.
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.
(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.
Claims 17-19 and 23-24 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 4403556 (“Van Gompel”).
Regarding Claim 17-19 and 23-24,Van Gompel discloses Claim 17-a pallet (10) comprising: a base board (11); and a leg (42) configured to provide a predetermined clearance from an installation surface on a bottom surface side of the base board (11), wherein the base board (11) has a three-leaf pattern in a top view; Claim 18-wherein the base board (11) has a collective shape of three circles (12) of substantially equal diameters, the circles (12) being substantially tangential to each other in a top view; Claim 19-, wherein at least three of the legs (42) are provided at rotationally symmetrical positions on the bottom surface side of the base board (11); Claim 23- a fixing lid (13) configured to secure a mounted object to be mounted on the pallet (10); and a rod (28), wherein the rod (28) is configured to tighten the fixing lid and the base board (11); Claim 24-wherein the rod (28) is allowed to pass through a through-hole provided at a center of the fixing lid (13, as seen in Figs. 1-6) and a center of the base board (11).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 20-22 are rejected under 35 U.S.C. 103 as being unpatentable over Van Gompel as applied to claim 17 above, and further in view WO 2004083047 (“SHAPIR et al.”)
Van Gompel demonstrates a transportable pallet made of recycle material but does not expressly disclose the leg separable with an inserted leg component and receiving leg component.
Regarding Claims 20-21, SHAPIR et al. discloses a similar invention having a transportable pallet (52) with a plurality of adjustable legs (10, 50) comprising Claim 20- wherein: the base board is made of a recyclable material; and the leg (10, 50) is separable from the base board and reusable; claim 21-, wherein the leg (10, 50) includes a combined leg component composed of an inserted leg component (12) and a receiving leg component (20); and the leg is composed of the inserted leg component (12) and the receiving leg component (20) that are stacked by inserting a top part of the inserted leg component (12) to a bottom opening of the receiving leg component (20);
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have installed adjustable legs on the pallet taught Van Gompel providing adjustable support legs that can be easily attached and detached to pallets of different thickness, making it easy for a different size forklifts to pass below the pallet.
Regarding Claim 22, the combination discloses (as modified Van Gompel) in the collective shape of three circles (12), the leg is disposed at a position outside a center of any one of the circles (12) along a line passing through the center and a center of gravity of a triangle formed by connecting the centers of the three circles (12).[ the legs are capable of being position according to a position as set forth in claim 22, as it would be an obvious choice to having skill in the art.
Claims 25-28 are rejected under 35 U.S.C. 103 as being unpatentable over Van Gompel as applied to claim 17 above, and further in view US 20070065269 (“Aoki et al.”).
Van Gompel discloses the claimed invention but does not expressly disclose a container storing the drums mounted and wherein the drums mounted on the pallet are loaded into a container and a vehicle.
Regarding Claims 25-28, Aoki et al. discloses a similar pallet (P1) comprising Claim 25 a container (A, best seen in Figs. 10-11) storing a plurality of drums mounted on the pallet according to claim 17 (in the same manner as the pallets shown in Figs.1-15) ; Claim 26- comprising storing a plurality of drums in a container (A) with the pallet according to claim 17.; CLAIM 27- wherein the drums mounted on the pallet are stored in the container (A) in a state where one of the drums is closely placed in a recess defined by other adjacent two of the drums; CLAIM 28- wherein the drums mounted on the pallet are loaded into a vehicle (T).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have stacked and arranged the pallets in a container and/or on a truck, to efficiently store, load and transport the pallets as taught by Aoki et al.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIMBERLEY S WRIGHT whose telephone number is (571)270-3328. The examiner can normally be reached M-F 11:30-5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Daniel Troy can be reached at 5712703742. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KIMBERLEY S WRIGHT/ Primary Examiner, Art Unit 3637
