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 3 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 3 recites the limitation "the outer flexible wall" in line 1. There is insufficient antecedent basis for this limitation in the claim. It appears claim 3 should depend from claim 2, which defines an outer flexible wall.
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.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Carter et al. (US 2012/0285851) in view of Rivera (ES 2374240).
Regarding claims 1 and 11-13, Carter discloses a top frame (at 10 in Fig. 1, shown in detail in Fig. 3) for restraining a top layer of items on a pallet (as shown in Fig. 1), the top frame comprising: a corner connector (at 56 at the bottom-left in Fig. 3, shown in detail in Fig. 7) comprising: a body (at 59 in Fig. 7 – See Fig. 7 labeled below), a first projection (at 73 in Fig. 7 – See Fig. 7 labeled below) extending from the body in a first direction (direction from top to bottom in Fig. 7), and a second projection (at 69 in Fig. 7 – See Fig. 7 labeled below) extending from the body in a second direction (direction from left to right in Fig. 7) transverse to the first direction; a first side rail (at 32 at the bottom in Fig. 3) comprising multiple walls (at 48/40/46/42 in Fig. 6) defining a cavity (between walls 48/40/46/42 in Fig. 6) at an end of the first side rail that is sized and shaped to receive the first projection of the corner connector (as shown in Fig. 8), and a second side rail (at 38 at the left in Fig. 3) comprising multiple walls (similar to 48/40/46/42 in Fig. 6) defining a cavity (between walls 48/40/46/42 in Fig. 6) at an end of the second side rail that is sized and shaped to receive the second projection of the corner connector (as shown in Fig. 8).
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Carter discloses the claimed invention except for the projections comprising a flexible wall including a detent, and wherein one of the walls includes a receptacle adjacent the cavity that is sized, shaped, and positioned to receive the detent when the projection is received in the cavity, and wherein the flexible wall of each projection is configured to bend inward to enable insertion of the projections into the respective cavities.
However, Rivera teaches a frame (See Figs. 1-2) for restraining items on a pallet, the frame comprising: a connector (See Fig. 4) comprising: a body (at 8), a projection (portion at 9, extending from element 8 in Fig. 4) extending from the body, comprising a flexible wall (See Fig. 4 labeled below) including a detent (at 10 – See Fig. 4 labeled below), a side rail (shown in Fig. 3) comprising multiple walls defining a cavity at an end of the side rail that is sized and shaped to receive the projection of the connector, wherein one of the walls includes a receptacle (through hole at 7) adjacent the cavity that is sized, shaped, and positioned to receive the detent when the projection is received in the cavity, and wherein the flexible wall of each projection is configured to bend inward to enable insertion of the projections into the respective cavities, for the purpose of easily forming the frame and allowing for easy disassembly of the frame. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the projections and walls of Carter with flexible walls with detents and receptacles, respectively, as taught by Rivera in order to allow the top frame to be more easily assembled and disassembled.
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Regarding claim 2, Carter-Rivera discloses the flexible wall of the first projection is an inner flexible wall disposed on an inner side of the first projection, and wherein the first projection includes an outer flexible wall disposed on an outer side of the first projection (See inner and outer wall labeled in Fig. 7 above).
Regarding claim 3, Carter-Rivera discloses the outer flexible wall includes a third detent, and wherein the first rail includes a receptacle adjacent the cavity that is sized, shaped, and positioned to receive the first detent when the first projection is received in the cavity (See inner and outer wall labeled in Fig. 7 above).
Regarding claim 4, Carter discloses the corner connector is one of four corner connectors of the top frame (as shown in Fig. 3).
Regarding claim 5, Carter discloses the four corner connectors have the same size and shape (as shown in Fig. 3).
Regarding claim 6, Carter discloses the top frame includes four side rails and wherein the ends of each side rail attaches to a respective corner connector (as shown in Fig. 3).
Regarding claim 7, Carter discloses the body, the first projection, and the second projection are formed in a single integral piece (See Fig. 7).
Regarding claims 8 and 14, Carter discloses the walls of the first side rail surround a hollow interior that extends over the length of the first side rail, and wherein the cavity at the end of the first side rail is formed by a portion of the hollow interior (See Figs. 5-6).
Regarding claim 9, Carter-Rivera discloses the receptacle that receives the first detent is a through hole extending through the respective wall of the first side rail.
Regarding claims 10 and 15, Carter discloses the first side rail includes internal walls (at 52 in Fig. 6) separating the cavity into sections, and wherein the first projection comprises a plurality of fingers (See six fingers at the bottom and right side of Fig. 7) that are sized and shaped to fit within the sections of the cavity.
Regarding claim 16, Carter-Rivera discloses the obvious method of using a top frame that secures a top layer of items on a pallet, the method comprising: assembling the top frame by securing a group of side rails together with corner connectors, wherein securing each side rail to a respective corner connector includes inserting a projection of the corner connector into a cavity in an end of the side rail while a flexible wall of the projection is bent inward; and positioning the top frame on the top layer of items so as to secure the top layer of items on the pallet.
Regarding claim 17, Carter-Rivera discloses securing each side rail to the respective corner connector includes positioning the corner connector such that a detent on the flexible wall of the projection is received in a receptacle adjacent the cavity.
Regarding claim 18, Carter-Rivera discloses the flexible wall returns to an unbent position when the detent is received in the receptacle.
Regarding claim 19, Carter-Rivera discloses the receptacle is formed by a hole in a wall of the side rail.
Regarding claim 20, Carter-Rivera discloses the obvious method step of removing the top frame from the items and disassembling the top frame by detaching the corner connectors from the side rails, wherein detaching each corner connector from a respective side rail includes pressing the detent through the hole in the wall of the side rail so as to bend the flexible wall of the projection of the corner connector inward, and removing the projection from the side rail.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVEN A REYNOLDS whose telephone number is (571)272-9959. The examiner can normally be reached M-F 9am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anthony Stashick can be reached at (571) 272-4561. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/STEVEN A. REYNOLDS/Primary Examiner, Art Unit 3735
