DETAILED ACTION
This action is a first action on the merits. The claims filed on March 25, 2025. Claims 1-15 are pending and addressed below.
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 .
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged.
This application is a 371 national stage entry of PCT No. GB2023/052337 filed on September 8, 2023 and claims foreign priority to United Kingdom Patent No. GB2214064.4 filed on September 27, 2022.
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement filed on March 25, 2025 has been considered by the Examiner.
Claim Rejections - 35 USC § 102
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 (i.e., changing from AIA to pre-AIA ) 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 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 and 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hurley, US 5,772,037 (hereinafter Hurley).
Claim 1: Hurley discloses an edge protector (edge protector 38, Fig. 2-3) for protecting an edge of a load when secured with tethering straps (band 84), the edge protector (as shown in Fig 3) comprising:
first and second plates (edge flange 37) for respectively contacting first and second surfaces of a load (furniture article 80 within shipping container 82, see abstract, Fig 3); and
first and second wall structures (raised portions 60) for retaining a pair of crosswise tethering straps (bands 84 are received in band saddles 64 and extend crosswise over the article 80, see Fig 3, two band saddles are shown in Fig 3) laterally on the edge protector (38) (as shown in Fig 3).
Claim 15: Hurley discloses a method of securing a load with tethering straps (band 84) (see Fig 3), the method comprising:
placing an edge protector (edge protector 38, Fig. 2-3) on an edge of the load, wherein first and second plates (edge flange 37) of the edge protector (38) respectively contact first and second surfaces of the load (furniture article 80 within shipping container 82, see abstract, Fig 3); and
placing a pair of crosswise tethering straps on the edge protector (bands 84 are received in band saddles 64 and extend crosswise over the article 80, see Fig 3, two band saddles are shown in Fig 3), wherein the pair of crosswise tethering straps (bands 84) are retained laterally on the edge protector by first and second wall structures (raised portions 60) of the edge protector (bands 84 are received in band saddles 64 and extend crosswise over the article 80, see Fig 3, two band saddles are shown in Fig 3).
Claim(s) 1-13 and 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tongnolini, Australian Patent No. AU 2019100138 A4 (hereinafter Tongnolini).
Claim 1: Tongnolini discloses an edge protector (restraint aid 50/ 150) for protecting an edge of a load (crushable loads 23) when secured with tethering straps (as seen in Fig 18-19), the edge protector comprising:
first and second plates (side plate 65, 165 and top plate 55, 155) for respectively contacting first and second surfaces of a load (restraint aid 50/150 fits around top corner 49 of crushable load 23 touching top and side surfaces of the crushable load 23, see Fig 18-20, par [0071]); and
first and second wall structures (parallel raised ridges 59, 159) for retaining a pair of crosswise tethering straps (31) laterally on the edge protector (parallel raised ridges retain straps along channels 56, 57, 58, 156, 157, 158, as shown in Fig 5-7, 18-20, par [0065], [0075]).
Claim 2: Tongnolini discloses wherein the first plate (55, 155) is substantially perpendicular to the second plate (65, 165) (see Fig 18-20, par [0071]).
Claim 3: Tongnolini discloses wherein the second plate (side plate 65, 165) is at least one of larger and heavier than the first plate (top plate 55, 155) (the side plate 65, 165 is bigger than the top plate 55, 155, as shown in Fig 7).
Claim 4: Tongnolini discloses wherein the first and second wall structures (raised edges 59, 159) have inward parts which are closer to one another and outward parts which are further from one another (as shown in Fig 5-6 raised edges 59, 159 angled inward towards on another of the top plate 55, 155, as seen in Fig 6, 20, par [0059], [0075]).
Claim 5: Tongnolini discloses wherein the first and second wall structures (159) each comprise a first wall portion (portion of 59, 159 on side wall 55, 155) provided on the first plate (top wall 55, 155) and a second wall portion (portion of 59, 159 on top wall 65, 165) provided on the second plate (side wall 65, 165) (see Fig 5-7, 18-20).
Claim 6: Tongnolini discloses wherein the first and second plates (top wall 55, 155, and side wall 65, 165) each have an inner width which is narrower and an outer width which is wider (as shown in Fig 8-9).
Claim 7: Tongnolini discloses wherein the edge protector comprises first and second projecting structures (strap supports 188, 193) for receiving and retaining a tethering strap thereunder (see Fig 20, par [0076]).
Claim 8: Tongnolini discloses wherein the first and second projecting structures (strap supports 188, 193) project inwardly towards one another (as shown in Fig 20, par [0076]).
Claim 9: Tongnolini discloses wherein the first and second projecting structures (188, 193) comprise tabs or fingers (as shown in Fig 20, par [0076]).
Claim 10: Tongnolini discloses wherein the first and second projecting structures (188, 193) are spaced apart to allow the pair of crosswise tethering straps to be inserted therebetween (as shown in Fig 20, par [0076]).
Claim 11: Tongnolini discloses wherein the first and second projecting structures (193) project from the second plate (side plate 165) (as shown in Fig 20).
Claim 12: Tongnolini discloses wherein an interface between the first and second plates (55, 155, 65, 165) comprises a channel (inside corner 70) which is configured not to contact the load (inside corner 70 is paced from the corner 49 of the load 23, par [0055]).
Claim 13: Tongnolini discloses wherein the edge protector (50/ 150) is of unitary construction (as shown in Fig 6, abstract, par [0020], [0049]).
Claim 15: Tongnolini discloses a method of securing a load (crushable loads 23) with tethering straps (lashings 31), the method comprising:
placing an edge protector (restraint aid 50/ 150) on an edge of the load (crushable loads 23), wherein first and second plates (side plate 65, 165 and top plate 55, 155) of the edge protector (50/150) respectively contact first and second surfaces of the load (restraint aid 50/150 fits around top corner 49 of crushable load 23 touching top and side surfaces of the crushable load 23, see Fig 18-20, par [0071]); and
placing a pair of crosswise tethering straps (31) on the edge protector (50/150), wherein the pair of crosswise tethering straps (31) are retained laterally on the edge protector (50/150) by first and second wall structures (parallel raised ridges 59, 159) of the edge protector (50/150) (parallel raised ridges retain straps along channels 56, 57, 58, 156, 157, 158, as shown in Fig 5-7, 18-20, par [0065], [0075]).
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 (i.e., changing from AIA to pre-AIA ) 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.
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) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tongnolini in view of Hurley, US 5,772,037 (hereinafter Hurley).
Claim 14: Tongnolini discloses wherein the edge protector is a molded article.
Tongnolini is silent as to the edge protector is formed of polymeric material.
Hurley discloses an edge protector (see Fig 3) that is polymeric (col 7, ln 35-46).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the edge protector of Tongnolini to be a polymeric material as disclosed by Hurley, since it has been held by the courts that selection of a prior art material on the basis of its suitability for its intended purpose is within the level of ordinary skill. In re Leshing, 125 USPQ 416 (CCPA 1960) and Sinclair & Carroll Co. v. Interchemical Corp., 65 USPQ 297 (1945). And the results of the substitution would have been predictable.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The disclosure of Bower et al., US 2018/0312319 which discloses an angle protector is relevant to the claims but was not relied upon in the current rejection.
Claims 1-15 are rejected. No claims are allowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CAROLINE N BUTCHER whose telephone number is (571)272-1623. The examiner can normally be reached Monday-Friday 10-6 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tara E Schimpf can be reached at (571) 270-7741. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CAROLINE N BUTCHER/Primary Examiner, Art Unit 3676
