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 .
Specification
The disclosure is objected to because the following informalities:
DRAWING(S)
The drawings filed July 14, 2025 (i.e., FIG. 1 - FIG. 3) [see FIG. 2 below] are objected because of the following reasons:
Identifying text \ labels for features of the invention appears to be unclearly written.
Geometrical features of the invention appears to be unclearly pictured.
Examiner suggests applicant to resubmit the drawing sheets with the required “Replacement Sheet” label to overcome the objection.
Black and white drawings are normally required. India ink, or its equivalent that secures solid black lines, must be used for drawing. Drawings submitted to the Office must be made on paper which is flexible, strong, white, smooth, non-shiny, and durable. All sheets must be reasonably free from cracks, creases, and folds. See MPEP 608.02 Drawing.
CLAIM(S)
Claim(s) 1 is objected since “A FLOATING SHIPPING CONTAINER” (line(s) 1) appears upper case and is being considered a typographical error. Examiner suggests writing it as “A floating shipping container”.
Appropriate correction required.
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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.
Claim(s) 1 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sjostedt et al. (U. S. Patent US5678715A) hereinafter SJOSTEDT, in view of Disorbo (U. S. Patent Application Publication US20160101931A1) hereinafter DISORBO.
Regarding claim 1, SJOSTEDT teaches (see Fig. 1 - Fig. 10 below) A FLOATING SHIPPING CONTAINER 10 comprising a metallic structure 14 that supports side walls 226, a rear wall 438, and a bottom floor 454, with front doors 33, 438 and a top cover 186, and characterized in that the side walls 226 are formed by square hollow tubes 234 sealed with end caps 410.
SJOSTEDT fails to teach side walls 226, rear wall 438, top cover 186, front doors 33, 438, and bottom floor 454 are made of aluminum or polymeric composites.
However, DISORBO teaches (see FIGURE 6 below) a modular shipping apparatus D6-01 wherein side walls, rear wall, top cover, front door, and bottom floor are made of aluminum to meet design requirements (page 76, para. [0072], line(s) 7-10, “… expand or contract …”).
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 side walls 226, rear wall 438, top cover 186, front doors 33, 438, and bottom floor 454 in the FLOATING SHIPPING CONTAINER 10 of SJOSTEDT with side walls, rear wall, top cover, front door, and bottom floor as taught in the modular shipping apparatus D6-01 of DISORBO to meet design requirements.
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Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Teppig et al. (U. S. Patent Application Publication US20230202250A1): Teaches a “container” with similar characteristics as the claimed invention.
Busch (U. S. Patent Application Publication US20100294782A1): Teaches a “container” with similar characteristics as the claimed invention.
Ohnishi et al. (U. S. Patent US5979684A): Teaches a “cargo container” with similar characteristics as the claimed invention.
Contact
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARCOS JAVIER RODRIGUEZ MOLINA whose telephone number is (571) 272-8947. The examiner can normally be reached M-F: 7:30 AM to 5:30 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, ANTHONY D. STASHICK can be reached on (571) 272-4561. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/M.J.R.M./
/Anthony D Stashick/Supervisory Patent Examiner, Art Unit 3735
Prosecution Insights