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 .
Election/Restrictions
Claims 9-20 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 6/29/26. Claims 9-20 have been canceled by the applicant.
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) 21, 23-25, 27, 30 and 31 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ismert (U.S. Pub. No. 20220281639).
Regarding Claim 21, Ismert discloses a storage system 100 (figure 6) comprising: a crate 100 (figure 6) comprising: a first side, a second side, a third side, and a fourth side (Figure 6), each comprising a repeating lattice structure (Figure 6); and a bottom (figure 3B); and one or more connectors 3202 (Figure 37), each connector being shaped to fit into interstitial space in the repeating lattice structure (Figure 37) and configured to engage the repeating lattice structure (Figure 37), wherein each connector includes at least one opening configured to receive a fastener (figure 37; paragraph 120).
Regarding Claim 23, Ismert discloses the bottom comprises a second repeating lattice structure (figure 3B).
Regarding Claim 24, Ismert discloses each connector comprises: a base (Figure 33 and 37); walls extending from a portion of the base (Figure 33); one or more flanges (figure 36; paragraph 120) extending from a portion of the walls; and one or more retainers 3700 (Figure 37) configured to engage the repeating lattice structure (figure 37; paragraph 120).
Regarding Claim 25, Ismert discloses the one or more retainers are configured to snap-fit engage the repeating lattice structure (figure 37; paragraph 120).
Regarding Claim 27, Ismert discloses the at least one opening comprises one or more fastener points each comprising an aperture in a base of the connector (Figure 37; paragraph 120).
Regarding Claim 30, Ismert discloses the crate further comprises a first handle and a second handle 134 (Figure 6).
Regarding Claim 31, Ismert discloses the crate is stackable with a plurality of additional crates (figure 24).
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) 22 and 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ismert (U.S. Pub. No. 20220281639).
Regarding Claim 22, Ismert teaches all the limitations substantially as claimed except for the repeating lattice structure comprises a plurality of hexagon-shaped structures. However, it would have been an obvious matter of design choice to have the above since such a modification would have involved a mere change in the form or shape of a component. A change in form or shape is generally recognized as being within the level of ordinary skill in the art. MPEP2144.04(IV)(B)
Regarding Claim 26, Ismert teaches all the limitations substantially as claimed except for each connector comprises a hexagonal shape. However, it would have been an obvious matter of design choice to have the above since such a modification would have involved a mere change in the form or shape of a component. A change in form or shape is generally recognized as being within the level of ordinary skill in the art. MPEP2144.04(IV)(B)
Claim(s) 21, 28 and 29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rehrig (U.S. Patent No. 4619371) in view of Ismert (U.S. Pub. No. 20220281639).
Regarding Claim 21, Rehrig discloses a storage system 10 (figure 1) comprising: a crate 10 (Figure 1) comprising: a first side, a second side, a third side, and a fourth side (Figure 1), each comprising a repeating lattice structure (Figure 1); and a bottom (Figure 1). Rehrig does not disclose one or more connectors, each connector being shaped to fit into interstitial space in the repeating lattice structure and configured to engage the repeating lattice structure, wherein each connector includes at least one opening configured to receive a fastener. However, Ismert teaches one or more connectors 3202 (figure 37), each connector being shaped to fit into interstitial space in the repeating lattice structure (figure 37) and configured to engage the repeating lattice structure (figure 37), wherein each connector includes at least one opening configured to receive a fastener (figure 33 and 37). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify Rehrig to include the above as taught by Ismert, in order to allow for connection between different objects.
Regarding Claim 28, Rehrig discloses a channel 36 (figure 1) formed in and extending around the first side, the second side, the third side, and the fourth side (figure 1).
Regarding Claim 29, Rehrig discloses a band 40 (Figure 1) disposed in the channel, the band configured to circumscribe the crate (Figure 1).
Applicant is duly reminded that a complete response must satisfy the requirements of 37 C.F. R. 1.111, including: “The reply must present arguments pointing out the specific distinctions believed to render the claims, including any newly presented claims, patentable over any applied references. A general allegation that the claims “define a patentable invention” without specifically pointing out how the language of the claims patentably distinguishes them from the references does not comply with the requirements of this section. Moreover, “The prompt development of a clear Issue requires that the replies of the applicant meet the objections to and rejections of the claims.” Applicant should also specifically point out the support for any amendments made to the disclosure. See MPEP 2163.06 II(A), MPEP 2163.06 and MPEP 714.02. The ''disclosure'' includes the claims, the specification and the drawings.
Allowable Subject Matter
Claims 1-8 are allowed. The first and second enclosed channel portion in combination with the two band portions joining in the first and second enclosed portion is considered allowable subject matter.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELIZABETH J VOLZ whose telephone number is (571)270-5430. The examiner can normally be reached Monday-Friday 11am-7pm est.
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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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/ELIZABETH J VOLZ/Examiner, Art Unit 3733
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