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 .
This action is written in response to application number 19/171,960 filed 04/07/2025
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 § 2146 et seq. 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 filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual 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/apply/applying-online/eterminal-disclaimer.
Claims 13-32 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 13-18, 20-25 and 27-30 of U.S. Patent No. 12,280,941. Although the claims at issue are not identical, they are not patentably distinct from each other because based on the chart analysis below, the claims of the current application and issued patent present similar patentable limitations.
Patent 12,280,941
Application 19/171,960
13. A shipping container with a top side beam, the top side beam comprising:
an open-sided beam comprising a web which includes:
a vertical web plate that extends vertically along a height direction of the container,
the vertical web plate comprising a stiffener extending a length of the web plate;
a lower wing plate connected to a lower portion of the vertical web plate,
a first portion of the lower wing plate being substantially flat and extending perpendicular to the vertical web plate in a horizontal direction towards an inside portion of the container,
the lower wing plate further comprising a second portion being connected to the first portion and being rolled back towards the vertical web plate and downward onto the first portion, and
the lower wing plate being fixedly connected to a side plate of the container; and
an upper wing plate connected to an upper portion of the vertical web plate,
the upper wing plate being substantially flat and extending perpendicular to the vertical web plate in a horizontal direction towards the inside portion of the container, and
the upper wing plate being fixedly connected to a top plate of the container.
13. A shipping container, comprising:
a top side beam comprising an open-sided beam comprising a web which includes:
a vertical web plate that extends vertically along a height direction of the container;
a lower wing plate extending horizontally from a lower portion of the vertical web plate,
a first portion of the lower wing plate extending perpendicular to the vertical web plate in a horizontal direction towards an inside portion of the container, and
the lower wing plate being fixedly connected to a side plate of the container; and
an upper wing plate extending horizontally from an upper portion of the vertical web plate,
the upper wing plate being fixedly connected to a top plate of the container.
14. The shipping container of claim 13, wherein the first portion of the lower wing plate is substantially flat.
15. The shipping container of claim 13, wherein the lower wing plate further comprises a second portion connected to the first portion and rolled back towards the vertical web plate and downward onto the first portion.
16. The shipping container of claim 15, wherein at least one of the first stiffener and the second stiffener has a trapezoidal cross-sectional shape.
18. The shipping container of claim 13, wherein the vertical web plate comprises a stiffener extending a length of the web plate.
14. The shipping container of claim 13, wherein the upper wing plate extends further towards the inside portion of the container than the lower wing plate.
17. The shipping container of claim 16, wherein the upper wing plate extends further towards the inside portion of the container than the lower wing plate.
15. The shipping container of claim 13, wherein the stiffener is a first stiffener, and
wherein the vertical web plate further comprises a second stiffener offset from the first stiffener and which extends the length of the web plate.
19. The shipping container of claim 18, wherein the stiffener is a first stiffener, and wherein the vertical web plate further comprises a second stiffener offset from the first stiffener and which extends the length of the web plate.
16. The shipping container of claim 15, wherein at least one of the first stiffener and the second stiffener has a trapezoidal cross-sectional shape.
20. The shipping container of claim 19, wherein at least one of the first stiffener and the second stiffener has a trapezoidal cross-sectional shape.
17. The shipping container of claim 15, wherein the first stiffener extends further into the inside portion of the container than the second stiffener.
21. The shipping container of claim 19, wherein the first stiffener extends further into the inside portion of the container than the second stiffener.
18. The shipping container of claim 13, wherein a height of the top side beam is at least 100 mm.
22. The shipping container of claim 13, wherein a height of the top side beam is at least 100 mm.
20. A shipping container with a top side beam, the top side beam
comprising:
an open-sided beam comprising a web which includes:
a vertical web plate extending vertically along a height direction of the container,
the vertical web plate comprising a stiffener extending a length of the web
plate;
a lower wing plate connected to a lower portion of the vertical web plate,
a first portion of the lower wing plate being substantially flat and
extending perpendicular to the vertical web plate in a horizontal direction towards
an inside portion of the container,
a second portion of the lower wing plate being connected to the first portion and being rolled back towards the vertical web plate and downward onto the first portion, and
the lower wing plate being fixedly connected to a side plate of the container; and
an upper wing plate connected to an upper portion of the vertical web plate, the upper wing plate extending perpendicular to the vertical web plate in a horizontal direction towards the inside portion of the container, and the upper wing plate being fixedly connected to a top plate of the container.
23. A shipping container, comprising: a top side beam comprising an open-sided beam comprising a web which includes:
a vertical web plate extending vertically along a height direction of the container;
a lower wing plate extending horizontally from a lower portion of the vertical web plate,
a first portion of the lower wing plate extending perpendicular to the vertical web plate in a horizontal direction towards an inside portion of the container, and
the lower wing plate being fixedly connected to a side plate of the container; and
an upper wing plate extending horizontally from an upper portion of the vertical web plate,
the upper wing plate extending perpendicular to the vertical web plate in a horizontal direction towards the inside portion of the container, and
the upper wing plate being fixedly connected to a top plate of the container.
24. The shipping container of claim 23, wherein the vertical web plate comprises a stiffener extending a length of the web plate.
21. The shipping container of claim 20, wherein the stiffener is a first stiffener, and wherein the vertical web plate comprises a second stiffener extending the length of the web plate.
25. The shipping container of claim 24, wherein the stiffener is a first stiffener, and wherein the vertical web plate comprises a second stiffener extending the length of the web plate.
22. The shipping container of claim 21, wherein each of the first stiffener and the second stiffener is configured to extend into the container.
26. The shipping container of claim 25, wherein each of the first stiffener and the second stiffener is configured to extend into the container.
23. The shipping container of claim 22, wherein each of the first stiffener and the second stiffener comprises a rectangular profile.
27. The shipping container of claim 26, wherein each of the first stiffener and the second stiffener comprises a rectangular profile.
24. The shipping container of claim 23, wherein the first and second stiffeners are equal in size.
28. The shipping container of claim 27, wherein the first stiffener and the second stiffener are equal in size.
25. The shipping container of claim 24, wherein the upper wing plate is substantially flat.
29. The shipping container of claim 28, wherein the upper wing plate is substantially flat.
27. The shipping container of claim 25, wherein a height of the top side beam is at least 100 mm.
30. The shipping container of claim 23, wherein a height of the top side beam is at least 100 mm.
28. A shipping container with a top side beam, the top side beam comprising:
an open-sided beam comprising a web which includes:
a vertical web plate extending vertically along a height direction of the container, the vertical web plate comprising first and second stiffeners extending a length of the web plate, each of the first stiffener and the second stiffener being equal in size, having a rectangular profile, and
extending beyond a surface of the vertical web plate into the container;
a lower wing plate connected to a lower portion of the vertical web plate,
a first portion of the lower wing plate being substantially flat and extending perpendicular to the vertical web plate in a horizontal direction towards an inside portion of the container,
a second portion of the lower wing plate being connected to the first portion and being rolled back towards the vertical web plate and downward onto the first portion, and
the lower wing plate being fixedly connected to a side plate of the container; and
an upper wing plate connected to an upper portion of the vertical web plate,
the upper wing plate extending perpendicular to the vertical web plate in a horizontal direction towards the inside portion of the container, and
the upper wing plate being fixedly connected to a top plate of the container.
31. A shipping container, comprising: a top side beam comprising an open-sided beam comprising a web which includes:
a vertical web plate extending vertically along a height direction of the container, the vertical web plate comprising first and second stiffeners extending a length of the web plate;
a lower wing plate extending horizontally from a lower portion of the vertical web plate,
a first portion of the lower wing plate being substantially flat and extending perpendicular to the vertical web plate in a horizontal direction towards an inside portion of the container, and
the lower wing plate being fixedly connected to a side plate of the container; and
an upper wing plate extending horizontally from an upper portion of the vertical web plate,
the upper wing plate extending perpendicular to the vertical web plate in a horizontal direction towards the inside portion of the container, and the upper wing plate being fixedly connected to a top plate of the container.
30. The shipping container of claim 13, wherein a height of the top side beam is between 150 mm and 400 mm.
32. The shipping container of claim 31, wherein a height of the top side beam is between 150 mm and 400 mm.
Appropriate action is required
Conclusion
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/RAVEN COLLINS/Examiner, Art Unit 3735
/Anthony D Stashick/Supervisory Patent Examiner, Art Unit 3735