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 .
Information Disclosure Statement
Receipt is acknowledged of Information Disclosure Statement(s) (IDS), filed 02 April 2025 and 12 November 2025, which have been placed of record in the file. An initialed, signed, and dated copy of each PTO-1449 or PTO-SB-08 form is attached to the Office action.
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-4 and 9-10 in the reply filed on 31 March 2026 is acknowledged.
Claims 5-8 and 11-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 31 March 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)(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 9-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tipton et al. (US Patent No. 5,400,706).
With respect to claim 9, Tipton et al. disclose a strapping machine for strapping a load (fig. 2), the strapping machine comprising: a load supporter configured to support the load (feeding conveyor 30, turntable 40, fig. 2), wherein the load includes a pallet and goods supported by the pallet (pallet 12 and load 14), wherein the pallet comprises a base (runners 20 with strap accommodating openings 24, lower decking boards, not shown, fig. 1, col. 5, l. 17-36) and a top deck (upper decking boards 22, fig. 1) connected to the base and has opposing first and second ends and opposing first and second sides transverse to the first and second ends (opposing ends and sides, fig. 1), wherein an underside of the base defines a first strap channel adjacent the first end of the pallet and a second strap channel adjacent the second end of the pallet, wherein the first and second strap channels extend from the first side to the second side (openings 24 extend from the first side to the second side, fig. 1); a strapping head (strapping heads 70, fig. 2); a strap chute defining a strap path and configured to receive strap from a strap supply (strap chutes 80 that receive strap 72 from strap supply 74); and a controller, wherein the controller is operably connected to the strapping head (programmable controller 200 that controls the strapping machine, fig. 5, col. 10, l. 24-33) and configured to: move the load to a strapping area on the load supporter (the pallet 12 and load 14 are moved by the feeding conveyor 30 and past the scanners 100, 110, fig. 2); stop the load in the strapping area so the strap chute of the strapping machine circumscribes the load and so the first strap channel of the pallet is aligned with a portion of the strap chute extending across the load supporter (scanners 130 determine the position of the load, and the load is stopped on the turntable 40, the chutes 80 and 90 circumscribe the load and the openings 24 are aligned with the chutes, col. 9, l. 16-33); feed, via a strapping head of the strapping machine, strap from a strap supply through the strap chute along a strap path defined by the strap chute (the strapping head 70 feeds the strap through the chute, the girth straps 16 are applied by the strapping heads 70, col. 6, l. 30-41, col. 9, l. 16-33); retract, via the strapping head, the strap from the strap chute and onto the load so part of the strap is received in the first strap channel (strap is tensioned and strap is received in opening 24, fig. 1, col. 6, l. 30-41); and tension, via the strapping head, the strap around the load (the strap is tensioned and sealed around the load, fig. 1, col. 6, l. 30-41).
Tipton et al. disclose the strapping machine including a load supporter configured to support a load and a pallet having a base, a top deck, and first and second strap channels, and a controller configured to stop the load so that the strap channel is aligned with the strap chute, and to feed and tension strap so that the strap is received in the strap channel. Thus, the load supporter is fully capable of supporting a pallet comprising “an underside of the base defines a first strap channel”.
The intended use recitation language (some of which has been italicized supra) carries no weight in the absence of any distinguishing structure. Tipton et al. disclose the structure as claimed and is thus capable of performing the functions. See MPEP 2114 which states: APPARATUS CLAIMS MUST BE STRUCTURALLY DISTINGUISHABLE FROM THE PRIOR ART While features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function. In re Schreiber, 128 F.3d 1473, 1477-78, 44 USPQ2d 1429, 1431-32 (Fed. Cir. 1997) (The absence of a disclosure in a prior art reference relating to function did not defeat the Board's finding of anticipation of claimed apparatus because the limitations at issue were found to be inherent in the prior art reference); see also In re Swinehart, 439 F.2d 210,212-13, 169 USPQ 226,228-29 (CCPA 1971); In re Danly, 263 F.2d 844, 847, 120 USPQ 528,531 (CCPA 1959). "[A]pparatus claims cover what a device is, not what a device does." Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990) (emphasis in original).
With respect to claim 10, Tipton et al. disclose the controller is further configured to: move the load to a second strapping area on the load supporter (the pallet and load are moved by the turntable 40 to a further girth strapping position, fig. 10, col. 9, l. 34-51); and stop the load in the second strapping area so the strap chute of the strapping machine circumscribes the load and so the second strap channel of the pallet is aligned with a portion of the strap chute extending across the load supporter (in the further girth strapping position, the chutes 80, 90 circumscribe the load and an opening 24 is aligned with the chutes 80, 90, fig. 11, col. 9, l. 34-51).
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 1 is rejected under 35 U.S.C. 103 as being unpatentable over Tipton et al. (US Patent No. 5,400,706) in view of Carter et al. (US Patent Publ. No. 2012/0285851).
With respect to claim 1, Tipton et al. disclose a method of strapping a load (figs. 1, 2), the method comprising: moving the load to a strapping area on a load supporter of a strapping machine (feeding conveyor 30 and turntable 40 move the load to strapping machine 10, fig. 2), wherein the load comprises a pallet and goods supported by the pallet (pallet 12 and load 14), wherein the pallet comprises a base (runners 20 with strap accommodating openings 24, lower decking boards, not shown, fig. 1, col. 5, l. 17-36) and a top deck (upper decking boards 22, fig. 1) connected to the base and has opposing first and second ends and opposing first and second sides transverse to the first and second ends (opposing ends and sides, fig. 1), wherein the base defines a first strap channel adjacent the first end of the pallet and a second strap channel adjacent the second end of the pallet (strap accommodating openings 24, fig. 1), wherein the first and second strap channels extend from the first side to the second side (openings 24 extend from the first side to the second side, fig. 1); stopping the load in the strapping area so a strap chute of the strapping machine circumscribes the load and so the first strap channel of the pallet is aligned with a portion of the strap chute extending across the load supported (scanners 130 determine the position of the load, and the load is stopped on the turntable 40, the chutes 80 and 90 circumscribe the load and the openings 24 are aligned with the chutes, col. 9, l. 16-33); feeding, via a strapping head of the strapping machine, strap from a strap supply through the strap chute along a strap path defined by the strap chute (the strapping head 70 feeds the strap through the chutes 80, 90, the girth straps 16 are applied by the strapping heads 70, col. 6, l. 30-41, col. 9, l. 16-33); retracting, via the strapping head, the strap from the strap chute and onto the load so part of the strap is received in the first strap channel (strap is tensioned and strap is received in opening 24, fig. 1, col. 6, l. 30-41); and tensioning, via the strapping head, the strap around the load (the strap is tensioned and sealed around the load, fig. 1, col. 6, l. 30-41).
Tipton et al. disclose a pallet 12 wherein the base 20 defines a first strap channel (strap accommodating openings 24, fig. 1), but fail to disclose an underside of the base defines a first strap channel.
Carter et al. disclose a strapped pallet and load (load 12, pallet 14, straps 30, fig. 1) in which the pallet 14 comprises a top deck and a base, and first and second strap channels on the underside of the base (fig. 1).
It 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 to modify the method of Tipton et al. to substitute the pallet for the pallet of Carter et al., as the selection of an art-recognized element suitable for the intended purpose of providing a load carrying pallet with channels for securely holding straps in place on a load. MPEP 2144.07
Claim 2-4 are rejected under 35 U.S.C. 103 as being unpatentable over Tipton et al. (US Patent No. 5,400,706) in view of Carter et al. (US Patent Publ. No. 2012/0285851) as applied to claim 1, and further in view of Ashkenazi (US Patent Publ. No. 2006/0168917).
With respect to claim 2, Tipton et al. disclose feeding, via the strapping head, the strap from the strap supply through the strap chute, but fail to disclose feeding the strap before the load stops at the strapping area.
Ashkenazi disclose a system and machine for strapping articles and disclose feeding strap before the load stops at the strapping area ([0003]).
It 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 to modify the Tipton et al. method to feed the strap before the load stops at the strapping area as taught by Ashkenazi, as the selection of an art-recognized step suitable for the intended purpose of providing a pallet load circumscribed by a strap, and since, in the absence of new or unexpected results, selection of any order of performing process steps is prima facie obvious. MPEP 2144.07; MPEP 2144.04 IV. C.
With respect to claim 3, Tipton et al. disclose moving the load to a second strapping area on the load supporter of the strapping machine (the pallet and load are moved by the turntable 40 to a further girth strapping position, fig. 10, col. 9, l. 34-51); stopping the load in the second strapping area so the strap chute of the strapping machine circumscribes the load and so the second strap channel of the pallet is aligned with a portion of the strap chute extending across the load supporter (in the further girth strapping position, the chutes 80, 90 circumscribe the load and an opening 24 is aligned with the chutes 80, 90, fig. 11, col. 9, l. 34-51); feeding, via the strapping head, strap from the strap supply through the strap chute along a strap path defined by the strap chute (the strapping head 70 feeds the strap through the chutes 80, 90, the girth straps 16 are applied by the strapping heads 70, col. 6, l. 30-41, col. 9, l. 16-33); retracting, via the strapping head, the strap from the strap chute and onto the load so part of the strap is received in the second strap channel (strap is tensioned and strap is received in opening 24, fig. 1, col. 6, l. 30-41); and tensioning, via the strapping head, the strap around the load (the strap is tensioned and sealed around the load, fig. 1, col. 6, l. 30-41).
With respect to claim 4, Tipton et al., as modified by Carter et al., disclose a third strap channel positioned at a center of the pallet (opening 24 at center of runner 20, fig. 1).
It 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 to modify the method of Tipton et al., as modified by Carter et al., to include moving the load to a third strapping area on the load supporter of the strapping machine; stopping the load in the third strapping area so the strap chute of the strapping machine circumscribes the load and so the third strap channel of the pallet is aligned with a portion of the strap chute extending across the load supporter; feeding, via the strapping head, strap from the strap supply through the strap chute along a strap path defined by the strap chute; retracting. via the strapping head, the strap from the strap chute and onto the load so part of the strap is received in the third strap channel; and tensioning, via the strapping head, the strap around the load, since moving the load to a third strapping area, and feeding, retracting, and tensioning the strap at the third strapping area would involve only a duplication of process steps having no patentable significance unless a new and unexpected result is produced, especially since Tipton et al. disclose that each runner has one, two, or multiple strap accommodating openings (col. 5, l. 17-28). MPEP 2144.04 VI. B.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Griffin (US Patent No. 4,000,704), Plante (US Patent No. 4,244,471), Lowry et al. (US Patent Publ. No. 2011/0266177) and Kelly et al. (US Patent Publ. No. 2014/0000218) disclose a pallet including strap channels on an underside of the base.
Davis et al. (US Patent No. 4,228,733) and Armstrong et al. (US Patent Publ. No. 2004/0200191) disclose strapping machines.
Sterner (US Patent No. 3,376,807) disclose a strap release mechanism (fig. 8).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Linda J. Hodge whose telephone number is (571)272-0571. The examiner can normally be reached Monday-Friday 8:00-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Shelley Self can be reached at (571) 272-4524. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LINDA J. HODGE/Examiner, Art Unit 3731
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