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.
Claim 84 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. In claim 84, the combination of these two phrases “the guide pin” and “the lock pin” of the first connection portion and the second connection portion of the extension lack proper antecedent basis because the instant specification fails to provide support for each of the first and second connection portions includes the guide pin and the lock pin as in claims 83 and 84.
Claim Rejections - 35 USC § 102/103
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 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.
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(s) 64-66, 68, 70-71, 73-75 and 77-79 is/are rejected under 35 U.S.C. 102(a)(2) as anticipated by Srichai (2023/0399142) or, in the alternative, under 35 U.S.C. 103 as obvious over Srichai in view of The Official Notice.
As to claim 64, Srichai discloses a collapsible crate (100) comprising a first side frame (150A; 150B) having an end portion (158; 180) and an upper portion (156) extending from the end portion; and a base (116) including a supporting surface and a receptacle (102, 112) below the supporting surface for positioning the first side frame, the base including one or more locking recesses (within the vertical posts 110 and the ledge 126; Figs. 1 & 3) positioned below the supporting surface to receive the end portion (180) of the first side frame. Srichai further discloses the first side frame movable between a first configuration with the end portion of the first side frame is received in the one or more locking recesses of the base such that at least a portion of the first side frame extends above the supporting surface of the base (Fig. 1) and a second configuration with the end portion and at least a portion of the upper portion of the first side frame are within the receptacle of the base (Fig. 2).
As to claim 65, Srichai further discloses the first side frame includes a first leg (180) and a second leg (180) and the end portion of the first side frame includes an end portion of the first leg (Figs. 1B-1E) and an end portion of the second leg (Figs. 1B-1E), and in the first configuration the end portions of the first and second legs are received in the one or more locking recesses (Fig. 1).
As to claim 66, Srichai discloses the one or more locking recesses of the base include support walls (the vertical post 110 and the retaining latches 130, 140; Figs. 1B-1C) that engage that engage the end portions of the first leg and second leg when in the first configuration to inhibit the first side frame from pivoting relative to the base.
As to claim 68, Srichai discloses the end portion of the first side frame includes guide pins (182; Fig. 5D) and the base includes guide slots (along the ledges 126) receiving the guide pins, the guide slots directing movement of the end portion of the first side frame between the first and second configurations.
As to claim 70, Srichai further discloses the first side frame includes a first leg (180) and a second leg (180) and the receptacle of the base includes a first set of tracks (126, 126) for receiving the first and second legs of the first side frame. The collapsible crate further comprising a second side frame (150A; 150B) having a first leg (180) and second leg (180), and the receptacle of the base includes a second set of tracks (126, 126) for receiving the first and second legs of the second side frame, and the first set of tracks are in substantially the same plane as the second set of tracks (Figs. 1C & 1D).
As to claim 71, Srichai further discloses an upper portion of the first side frame comprises a stacking protrusion (186) for insertion into a recess of a base of another collapsible crate when in the first configuration.
As to claim 73, Srichai discloses the base includes recesses (188) for receiving protrusions of a second collapsible crate as claimed.
As to claim 74, Srichai further discloses the base includes at least one stop protrusion (128; Fig. 3B) as claimed.
As to claim 75, Srichai discloses the collapsible crate as above having most of the limitations of the claim except for a support bar to support the first side frame in the first configuration, the support bar having a first end attached to the upper portion of the first side frame and a second end removably attachable to the base as claimed. The Official Notice is taken of an old and conventional practice of providing a collapsible crate comprising a support bar for supporting a side frame in an upright position and the support bar having a first end attached to the side frame and a second end attached to a base of the collapsible crate for better support the side frame in the upright position. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention in view of The Official Notice to modify the collapsible crate of Srichal so the collapsible crate is constructed to include a support bar to support the first side frame in the first configuration and the support bar having a first end attached to the upper portion of the first side frame and a second end removably attachable to the base to provide an additional strength and rigidity to the collapsible crate, and also to facilitate folding between the first and second configurations.
As to claims 77 and 78, Srichal further discloses a locking mechanism (106; Figs. 1B & 4A) operable to reversibly secure the first side frame in the first configuration and/or second configuration. The locking mechanism includes a retractable locking pin (164, 168) to be inserted into a lock opening (158A; 118) of the first side frame to secure the end portion of the first side frame in the locking recesses of the base.
As to claim 79, Srichal discloses the locking mechanism includes a retractable locking pin (164, 168) that is able to be extended into a path of the first side frame (158A; 118) to inhibit the first side frame from moving from the second configuration.
Claim(s) 81, 83, and 85-86 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Christman Jr. (5,190,171).
As to claim 81, Christman discloses a crate (10; Fig. 1) comprising a base (14-30) having a supporting surface (22-28), a first side frame (32, 34) connected to a first end portion of the base and extending upward from the supporting surface; a second side frame (32, 34) connected to a second end portion of the base opposite the first end portion and extending upward from the supporting surface; and an extension (12, 20, 30; a front section of the upper shelf 12) having a first connection portion (30) and a second connection portion (30), the first connection portion mountable to the first side frame and the second connection portion mountable to the second side frame such that the extension extends between the first and second side frames, the extension extending upward from the first and second side frames.
As to claim 83, Christman discloses the first side frame includes an attachment opening (the opening at the top of the vertical tubular member 32), the first connection portion of the extension including a lock pin (30) insertable into the attachment opening of the first side frame and the second connection portion of the extension including a lock pin (30) insertable into the attachment opening (the opening at the top of the vertical tubular member 32) of the second side frame.
As to claim 85, Christman further discloses the extension includes stacking protrusions (30) for insertion into a recess of a base of another crate.
As to claim 86, Christman further discloses a second extension (a rear section of the upper shelf 12; Fig. 1 below) having a first connection portion (30) and a second connection portion (30), the first connection portion mountable to the first side frame and the second connection portion mountable to the second side frame such that the second extension extends between the first and second side frames, the second extension extending upward from the first and second side frames.
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Claim(s) 81-82, and 86 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Speicher (4,703,702).
As to claim 81, Speicher discloses a crate (Figs. 1-3) comprising a base (14, 18, 36; a lower pallet and pallet base 18, 36) having a supporting surface (36), a first side frame (51, 52, 56, 62-64) connected to a first end portion of the base and extending upward from the supporting surface; a second side frame (53, 54, 56, 62, 65-66) connected to a second end portion of the base opposite the first end portion and extending upward from the supporting surface; and an extension (12, 18, 36; a front section of the upper pallet and pallet base 18, 36) having a first connection portion (25) and a second connection portion (26), the first connection portion mountable to the first side frame and the second connection portion mountable to the second side frame such that the extension extends between the first and second side frames, the extension extending upward from the first and second side frames.
As to claim 82, Speicher further discloses the first side frame includes a stacking protrusion (63; 64) and the second side frame includes a stacking protrusion (65; 66), the first connection portion of the extension including a recess (each tubular connector 24-27 includes a recess at the lower end of the tubular connector; Figs. 1 & 3) for receiving the stacking protrusion (64) of the first side frame and the second connection portion including a recess (each tubular connector 24-27 includes a recess at the lower end of the tubular connector; Figs. 1 & 3) for receiving the stacking protrusion (65) of the second side frame.
As to claim 86, Speicher further discloses a second extension (12, 18, 36; a rear section of the upper pallet and pallet base 18, 36) having a first connection portion (24) and a second connection portion (27), the first connection portion mountable to the first side frame and the second connection portion mountable to the second side frame such that the second extension extends between the first and second side frames, the second extension extending upward from the first and second side frames.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 22-29, 31, 33-34, 36-38 and 64-80 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-14 of U.S. Patent No. 12,600,522. Although the claims at issue are not identical, they are not patentably distinct from each other because structural limitations in the claims of the instant patent application are fully disclosed and claimed by the patents.
Allowable Subject Matter
Claim 84 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LUAN K BUI whose telephone number is (571)272-4552. The examiner can normally be reached Generally M-F, 7-4.
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/LUAN K BUI/
Primary Examiner, Art Unit 3736
