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 .
Claim Rejections - 35 USC § 102
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)(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.
Claim(s) 1, 5, 8-16 and 18-20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Wang (US-20260048898-A1).
Wang discloses:
1. A plastic container (100, par. 0093) for storing and transporting objects, wherein the plastic container comprises a bottom (105) and four side walls (104), wherein a first of the side walls comprises a hook element (300) made of plastic (par. 0095) on an outer side of the plastic container, wherein the hook element comprises a downwardly open U-shaped cross- sectional profile in a sectional plane perpendicular to the first side wall and to the bottom of the plastic container (Fig. 7), wherein the hook element comprises a plurality of stabilizing ribs (a, Fig. 7 labeled below by examiner).
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5. The plastic container of claim 1, wherein the hook element comprises a downwardly directed support surface (at 301) at an end remote from the first side wall.
8. The plastic container of claim 1 ,wherein the hook element further comprises a plurality of second stabilizing ribs (b) of the plurality of stabilizing ribs of the hook element on an outer side of the hook element facing away from the first side wall, which are arranged next to one another along a direction extending parallel to the first side wall and the bottom of the plastic container and each extend perpendicular to the first side wall and to the bottom of the plastic container (Fig. 7).
9. The plastic container of claim 8,wherein the hook element further comprises, arranged on the outer side of the hook element, one or more stabilizing struts (c) of the hook element.
10. The plastic container of claim 9,wherein the one or more stabilizing struts of the hook element are orientated relative to the second stabilizing ribs in one or more of the following ways: extending perpendicular to the second stabilizing ribs, connecting the second stabilizing ribs to each other (Fig. 7).
11. The plastic container of claim 1, wherein the hook element on the outer side of the plastic container is connected to the first side wall using one of the following: an integrally molding with the first side wall, a first non-destructively detachable connection (par. 0095).
12. The plastic container of claim 1,wherein a second side wall of the plastic container opposite the first side wall comprises a receiving element (200) made of plastic on the outer side of the plastic container, wherein the receiving element arranged on the second side wall of the plastic container has an upwardly open U-shaped cross-sectional profile in a sectional plane perpendicular to the second side wall and to the bottom of the plastic container (Fig. 3), wherein the receiving element comprises a plurality of stabilizing ribs of the receiving element (Fig. 2).
13. The plastic container of claim 12, wherein the U- shaped cross-sectional profile of the receiving element is designed complementary to the U-shaped cross-sectional profile of the hook element in such a way that the receiving element is form-fittingly couplable to a further hook element of a further plastic container of identical construction (par. 0081).
14. The plastic container of claim 12, wherein the receiving element comprises a bearing surface comprising the U-shaped cross-sectional profile (Fig. 3).
15. The plastic container of claim 12,wherein a plurality of third stabilizing ribs of the plurality of stabilizing ribs of the receiving element are arranged parallel to each other and each extend perpendicular to the second side wall and to the bottom of the plastic container (Fig. 2).
16. The plastic container of claim 15, wherein the third stabilizing ribs extend down to the bottom of the plastic container (Fig. 2).
18. The plastic container of claim 12, wherein the receiving element further comprises a plurality of fourth stabilizing ribs of the plurality of stabilizing ribs of the receiving element on an outer side of the receiving element, which are arranged next to one another along a direction extending parallel to the second side wall and the bottom of the plastic container and each extend perpendicular to the second side wall and to the bottom of the plastic container (Fig. 2).
19. The plastic container of claim 12, wherein the U-shaped cross-sectional profile of the receiving element comprises two legs, wherein the U-shaped cross- sectional profile of the receiving element further comprises at least one rounded transition between a leg of the two legs remote from the second side wall and a base of the U-shaped cross-sectional profile of the receiving element (Fig. 6).
20. The plastic container of claim 12, wherein the receiving element on the outer side of the plastic container is connected to the second side wall using one of the following: an integrally molding with the second side wall, a second non-destructively detachable connection (par. 0093).
Claim Rejections - 35 USC § 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 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) 2, 6 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang (US-20260048898-A1) in view of Miller et al. (US-4379508-A).
Regarding claim 2:
Wang teaches wherein a plurality of first stabilizing ribs of the plurality of stabilizing ribs of the hook element are arranged parallel to each other and each extend perpendicular to the first side wall and to the bottom of the plastic container (Fig. 7), but fails to teach wherein the first stabilizing ribs further each comprise a lower edge which comprises a downwardly open U-shape in an extension plane of the respective stabilizing rib.
Miller teaches that it is known in the art to manufacture a container with stabilizing ribs (13) wherein the stabilizing ribs further each comprise a lower edge which comprises a downwardly open U-shape in an extension plane of the respective stabilizing rib (Fig. 4).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have manufactured the container of Wang with the stabilizing ribs taught by Miller, in order to aid with alignment of containers and in order to strengthen the container.
Regarding claim 6:
The modified container of Wang teaches all the claimed limitations a shown above but fails to teach wherein the support surface is formed as a first edge lip with a rounded first transition portion to an inner surface of the hook element.
Miller teaches that it is known in the art to manufacture a container with rounded transition portions (Fig. 3)
It would have been obvious to one of ordinary skill in the art before the effective filing date to have manufactured the container of Wang rounded transition portions, as taught by Miller, in order to reduce sharp edges on the container.
Regarding claim 6:
The modified container of Wang teaches all the claimed limitations a shown above wherein the inner surface of the hook element is orientated in one of the following ways: substantially perpendicular to the bottom, inclined obliquely in direction towards the first side wall (Wang, Fig. 7).
Claim(s) 3, 4 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang (US-20260048898-A1) in view of Miller et al. (US-4379508-A) and Schafer (US-4750633-A).
Regarding claim 3:
The modified container of Wang teaches all the claimed limitations as shown above but fails to teach wherein the first stabilizing ribs extend down to the bottom of the plastic container, in particular down below an upper side of the bottom of the plastic container.
Schafer teaches that it is known in the art to manufacture a container with stabilizing ribs (39) that extend down to the bottom of a plastic container, in particular down below an upper side of the bottom of the plastic container (Fig. 3).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have manufactured the container with larger stabilizing ribs taught by Schafer, in order to aid with alignment of containers and in order to further strengthen the container.
Regarding claim 4:
The modified container of Wang teaches all the claimed limitations a shown above wherein he first stabilizing ribs extend down below an upper side of the bottom of the plastic container (Schafer, Fig. 3).
Regarding claim 17:
The modified container of Wang teaches all the claimed limitations as shown above but fails to teach wherein the third stabilizing ribs extend down below an upper side of the bottom of the plastic container.
Schafer teaches that it is known in the art to manufacture a container with portions that extend down below an upper side of the bottom of the plastic container (Fig. 3).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have manufactured the such that receiving element extends below the bottom, in order to further strengthen the container and since such a modification would have been a change in size of an existing component. A change in size is generally recognized as being within the level of ordinary skill in the art.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEFFREY R ALLEN whose telephone number is (571)270-7426. The examiner can normally be reached 9:00 am - 5:00 pm, Monday-Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathan Jenness can be reached at (571)270-5055. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JEFFREY R ALLEN/ Primary Examiner, Art Unit 3733
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