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
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.
Claim(s) 1-3, 7, 9, 11, 13, 15-18 and 21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Meyer-Horn, US 2013/0186889.
Regarding claim 1, Meyer-Horn discloses a removable clip comprising: a body (32) comprising: a first arm (44a); a second arm (42a) coupled to the first arm (44a), defining a first corner (between 44a and 42a in figure 4); a third arm (walls 54b, 54a, 54b; the wall of reinforcement member 50 parallel to and spaced from 42b) coupled to the second arm (42a), defining a second corner (48; see annotated figure 4 below); a fourth arm (54a of 50 extending from the wall 54b spaced from 42b to edge 48; see the annotated figure 4) coupled to the third arm (54b), defining a third corner (between the wall 54b spaced from 42b and the wall 54a extending from 42a; see the annotated figure 4); a fifth arm (42b), having a first distal end (at edge 48) and a second distal end (at 46b), wherein the first distal end of the fifth arm (42b) is coupled to the fourth arm (54a), defining a fourth corner (48 between said arms); and a sixth arm (the wall of 44b facing 50; see the annotated figure 4) provided on the fifth arm (42b) between the first distal end (at 48) and the second distal end (at 46b), wherein the sixth arm extends from the fifth arm towards the third arm (44b projects from 42b into channel 70 in the direction of wall 54b; the same direction in which the fourth arm spans from 42b to 54b); wherein the first arm (44a), the second arm (42a), and the third arm (walls of 50 facing channel 60) define a first channel (60) wherein the fourth arm (54a), the fifth arm (42b), and the sixth arm (see the annotated figure 4) define a second channel (70), wherein the first channel is continuous with the second channel to form an L-shape (see an annotated figure 4 below), [and wherein the first channel is configured to receive a first piece of a crate and the second channel is configured to receive a second piece of the crate].
Claim language set in brackets [] set forth above and below in this office action are considered by the examiner to be intended use that fails to further limit the structure of the claimed invention. Since the claimed invention is directed solely to that of the removable clip, the prior art must only be capable of performing the functional recitations in order to be applicable, and in the instant case, the examiner maintains that the corner joint disclosed by Meyer-Horn (US 2013/0186889) or the clip by Philip (US 5,535,909), is indeed capable of the intended use statements. Note that it has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations.
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Regarding claim 2, Meyer-Horn discloses the removable clip of claim 1, wherein an inset length (between 44b and 46b) is defined as a length (between the 2nd distal end and the sixth arm in the annotated figure 4) between the second distal end (46b) of the fifth arm (42b) and an outer portion (the face of 44b wall facing 46b) of the sixth arm (see the annotated figure 4).
Regarding claim 3, Meyer-Horn discloses the removable clip of claim 2, wherein a portion (46b) of the fifth arm (42b) between the second distal end of the fifth arm (42b) and the outer portion of the sixth arm (see the annotated figure 4) defines a grip length (the length of 42b from 44b wall to 46b).
Regarding claim 7, Meyer-Horn discloses the removable clip of claim 1, wherein the second arm (42a) includes a set of spurs (72) located between the first corner (between 44a and 42a) and the second corner (at 48).
Regarding claim 9, Meyer-Horn discloses the removable clip of claim 1, wherein the first arm (44a), the second arm (42a), the third arm (walls of 50), the fourth arm (54a), and the fifth arm (42b) form a G-shaped clip (see the annotated figure 4).
Regarding claim 11, Meyer-Horn discloses the removable clip of claim 1, wherein each of the first corner, the second corner, the third corner, and the fourth corner define an angle between 10 degrees and 110 degrees (approximately 90-degree corners as shown in the annotated figure 4 and figure 4a).
Regarding claim 13, Meyer-Horn discloses the removable clip of claim 1, wherein the body (32) is a unitary monolithic body (see figure 4; molded plastic corner joint 30).
Regarding claim 15, Meyer-Horn discloses a removable clip comprising: a body (32) comprising: a first arm (44a), defining a first surface (the face of 44a facing channel 60); a second arm (42a) defining a second surface (the face of 42a facing channel 60), wherein the second arm is coupled (see the annotated figure 4) to the first arm; a third arm (54b, 54a, 54b; see the annotated figure 4) defining a third surface (the face of 50 facing channel 60), wherein the third arm is coupled (see the annotated figure 4) to the second arm; a fourth arm (54a of 50; see the annotated figure 4) defining a fourth surface (the face of 54a facing channel 60), wherein the fourth arm is coupled (see the annotated figure 4) to the third arm; a fifth arm (42b), defining a fifth surface (the face of 42b facing channel 70), wherein the fifth arm (42b) has a first distal end (at edge 48) and a second distal end (at 46b), wherein the first distal end of the fifth arm is coupled (see the annotated figure 4) to the fourth arm; and a sixth arm (the wall of 44b facing; see the annotated figure 4), defining a spur surface (the face of 44b wall facing channel 70), wherein the sixth arm is provided (see the annotated figure 4) on the fifth arm between (see the annotated figure 4) the first distal end and the second distal end, wherein the sixth arm extends from the fifth arm (42b) towards the third arm (44b projects from 42b toward the wall 54b of 50 that is spaced from 42b); [wherein the body (32) is configured to be clipped to a first piece and a second piece of a crate, the body is configured such that the first piece and the second piece are directly in contact with each other, wherein the body is configured such that the first surface, the second surface and the third surface are adjacent portions (see figure 7) to the first piece, and the fourth surface, the fifth surface, and the spur surface are adjacent portions (figure 7) to the second piece].
Regarding claim 16, Meyer-Horn discloses the removable clip of claim 15, wherein the body (32) is a unitary body (figure 4).
Regarding claim 17, Meyer-Horn discloses the removable clip of claim 15, wherein the body (32) further comprises a grip (the portion of 42b from the 44b wall to 46b; see the annotated figure 4) having an inset length (the annotated figure 4) defined between the second distal end (46b) of the fifth arm (42b) and an outer portion (the face of 44b wall facing 46b) of the sixth arm (see the annotated figure 4).
Regarding claim 18, Meyer-Horn discloses the removable clip of claim 15, wherein the sixth arm (wall of 44b) includes a free end (the end of 44b wall spaced from 42b), and wherein a portion of the free end includes a curved portion (the rounded corner of 44b; see the annotated figure 4).
Regarding claim 21, Meyer-Horn discloses an assembly comprising: a first piece (70); a second piece (70); and a removable clip (30) for fastening together at least a portion (20) of the first piece (70) adjacent to (see figure 7) at least a portion of the second piece (70) to form a portion (10) of a crate, the removable clip comprising: a body (32) comprising: a first arm (44a); a second arm (42a) coupled to the first arm (44a), defining a first corner (between 44a and 42a in figure 4); a third arm (54b, 54a, 54b; see the annotated figure 4) coupled to the second arm (42a), defining a second corner (at edge 48 on the channel 60 side); a fourth arm (54a of 50 extending to edge 48) coupled to the third arm, defining a third corner (see the annotated figure 4); a fifth arm (42b), having a first distal end (at 48) and a second distal end (at 46b), wherein the first distal end of the fifth arm (42b) is coupled to the fourth arm (54a), defining a fourth corner (at 48 on the channel 70 side); and a sixth arm (the wall of 44b facing 50) provided on the fifth arm (42b) between the first distal end (at 48) and the second distal end (46b), the sixth arm having an outer portion (the face of 44b wall facing 46b); and a finger grip (the portion of 42b from 44b to 46b) defined by a portion of the fifth arm (42b) between the outer portion of the sixth arm and the second distal end (46b), the finger grip having at least one of a radius of curvature greater than zero or a grip angle greater than zero (a grip angle of approximately 90 degrees between the outer portion of the sixth arm and the portion of 42b); wherein the first arm (44a), the second arm (42a), and the third arm (54b, 54a, 54b) define a first channel (60) that receives the first piece (70) and wherein the fourth arm (54a), the fifth arm (42b), and the sixth arm (wall of 44b) define a second channel (70) that receives the second piece (70; figure 7).
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.
Claim(s) 4-6, 8, 12, 19 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Meyer-Horn, US 2013/0186889.
Regarding claim 4, Meyer-Horn discloses the removable clip of claim 1, wherein a length of the first arm (44a) is measured from a first free end (the end of 44a spaced from 42a) to the first corner (between 44a and 42a) and a length of the fifth arm (42b) is measured from the first distal end (at 48) to the second distal end (at 46b) of the fifth arm (42b), wherein the length of the fifth arm (42b) is observed to be larger than the length of the first arm (44a).
Meyer-Horn does not explicitly disclose wherein the length of the fifth arm is between 50% and 200% of the length of the first arm since the drawings are not drawn to scale. However, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to size the fifth arm (42b) of Meyer-Horn to be between 50% and 200% of the first arm (44a) length because both arms must accommodate standard lumber dimensions used in crate construction, and sizing both arms proportionally to the pieces they receive would inherently produce a ratio within the claimed range. Further, it is noted it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Regarding claim 5, Meyer-Horn teaches the removable clip of claim 4, wherein a length of the sixth arm (annotated figure 4) is measured from a second free end (the end of the 44b wall spaced from 42b) to the fifth arm (at a location between the first and second distal ends), wherein the length of the sixth arm (of 44b) is less than the length of the fifth arm (42b; see the annotated figure 4). Meyer-Horn does not explicitly disclose wherein the length of the sixth arm is between 5% and 100% of the length of the fifth arm. However, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to size the sixth arm of Meyer-Horn to be between 5% and 100% of the fifth arm (42b) length to accommodate standard lumber dimensions used in crate construction, and sizing both arms proportionally to the pieces they receive would inherently produce a ratio within the claimed range. Further, it is noted that it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Regarding claim 6, Meyer-Horn teaches the removable clip of claim 5, wherein the length of the sixth arm is less than the length of the fifth arm (see the annotated figure 4). Meyer-Horn does not explicitly disclose wherein the length of the sixth arm is between 10% and 50% of the length of the fifth arm. However, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to size the sixth arm of Meyer-Horn to be between 10% and 50% of the fifth arm (42b) length to accommodate standard lumber dimensions used in crate construction, and sizing both arms proportionally to the pieces they receive would inherently produce a ratio within the claimed range. Further, it is noted that it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Regarding claim 8, Meyer-Horn discloses the removable clip of claim 7, wherein at least one spur of the set of spurs (72) extends a spur height from a second surface defined by the second arm (42a) or a fifth surface defined by the fifth arm, wherein the spur height is considerably less than a length of the second arm (42b) measured from the first corner to the second corner since the spurs (72) are projections designed to seat a vertical board (20) securely within the channels. Meyer-Horn does not explicitly disclose wherein the spur height is less than 15% of a length of the second arm (42b) measured from the first corner to the second corner. However, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to size the spur height of Meyer-Horn to be less than 15% of a length of the second arm (42b) measured from the first corner to the second corner to not require a tool for insertion given that the projection is shallow with the smaller length percentage range. Further, it is noted that it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Regarding claim 19, Meyer-Horn discloses the removable clip of claim 18, wherein a sixth arm length (see the annotated figure 4) is measured from the free end to the fifth arm (42b), wherein the sixth arm length is a smaller distance than that of a fifth arm length measured from the first distal end to the second distal end (see the annotated figure 4) to accommodate the piece (20) of the crate. Meyer-Horn does not explicitly disclose wherein the sixth arm length is between 20% and 80% of a fifth arm length measured from the first distal end to the second distal end. However, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to size the sixth arm of Meyer-Horn to be between 20% and 80% of the fifth arm (42b) length to accommodate standard lumber dimensions used in crate construction, and sizing both arms proportionally to the pieces they receive would inherently produce a ratio within the claimed range to provide structural integrity while receiving the pallet edge. Further, it is noted that it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Regarding claim 20, Meyer-Horn teaches the removable clip of claim 19. Meyer-Horn further discloses wherein the body (32) further comprises at least one spur (72) extending a spur height from the second arm (42a) and located between a first corner and a second corner (see the annotated figure 4), wherein the spur height is less than the sixth arm length (see the annotated figure 4).
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Meyer-Horn, US 2013/0186889 in view of Chiles et al., US 5,819,374.
Regarding claim 10, Meyer-Horn discloses the removable clip of claim 1. Meyer-Horn does not explicitly disclose wherein the body comprises thickened portions at the first corner, the second corner, the third corner, and the fourth corner.
Chiles teaches a clip (10) wherein the body (12) comprises thickened portions (20, 22) at their corners (see figures 1 and 3). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the first, second and third corners of Meyer-Horn to comprise thickened portions as taught by Chiles in order to help hold the shape of the clip.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Meyer-Horn, US 2013/0186889 in view of Philip, US 5,535,909.
Regarding claim 12, Meyer-Horn discloses the removable clip of claim 11 except for wherein the angle defined by the third corner (a right angle) is less than 90 degrees. Philip teaches a clip wherein the arms (4, 6) have an angle less than 90 degree (see figure 1). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the clip of Meyer-Horn to include an angle less than 90 degrees for the third corner as taught by Philip so that the clip exerts a resilient restraining force (on the crate pieces) to improve in holding.
Response to Arguments
Applicant's arguments filed July 8, 2026 have been fully considered but they are not persuasive.
Applicant argue that Meyer-Horn’s reinforcement members 44, 44b do not form a hook that includes a sixth arm extending from a fifth arm toward a third arm, but are hollow structures extending upwardly from the base 32 from the common wall 46a, 46b toward the outer wall 36a, 36b. The arguments are found not persuasive. The claims do not recite a hook. As set forth above, the sixth arm is a wall of a hollow reinforcement member does not exclude it from being an arm that extends from the firth arm towards the third arm. The claims do not require the sixth arm to contact, point directly at, or be aligned with the third arm.
Applicant further argues that Meyer-Horn fails to disclose the finger grip of amended claim 21, having at least one of a radius of curvature greater than zero or a grip angle greater than zero. The argument is found not persuasive. The claim requires only one of the two alternatives. The portion of the fifth arm (42b) between the outer portion of the sixth arm (44b wall) and the second distal end (at 46b) meets the outer portion of the sixth arm at approximately 90 degrees, which is a grip angle greater than zero. Further, the limitation “finger grip” does not impart structure beyond what is recited, and the portion 42b is capable of being gripped by a finger of a user.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROWLAND DO whose telephone number is (571)270-5737. The examiner can normally be reached Monday-Thursday 8:30 - 7:00 PT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jason San can be reached at (571) 272-6531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/R.D./ Examiner, Art Unit 3677
/JASON W SAN/ SPE, Art Unit 3677
