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 .
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 03/27/2026, 06/23/2026, 09/16/2026 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Claim Rejections - 35 USC § 112(b)
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 21-40 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 21 and 36 recites the limitation "of at least three of the plurality of panels”. There is insufficient antecedent basis for this limitation in the claim. The claims previously recite a “plurality of panels” but not that there is at least three. A plurality meaning a fact or state of being plural, which can be two. As such “at least three” is not claimed or previously recited.
Claims not specifically mentioned are included due to their dependencies.
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.
Claim 21-40 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1, 8-10, 12 and 17-18 of U.S. Patent No. 12,397,965. Although the claims at issue are not identical, they are not patentably distinct from each other because claims under examination are anticipated, respectively, by claims 1, 8-10, 12 and 17-18 of the reference patent. Every limitation of the claims in the application under examination is recited in the confliction reference patent claims and the differences between the claims are highlighted in the chart below.
Instant Application 19/289,585
US Patent 12,397,965
21. A modular crate system comprising:
a plurality of panels, each
panel including a body and a plurality of teeth along an edge of the body, at least one tooth of the plurality of teeth including a post;
and
a connector including a body having a plurality of side surfaces, a slot in each of at least three of the side surfaces, and
an opening configured to receive a fastener,
wherein the plurality of panels are configured to be arranged adjacent one another with the teeth of the plurality of panels intermeshed, wherein the slots of the connector are configured to engage posts of at least three of the plurality of panels, and wherein the fastener is configured to extend through the opening of the connector and secure the connector to a post of one of the plurality of panels such that the connector retains the at least three panels relative to one another.
14. A modular crate system, comprising: the panel of Claim 1;
the panel comprising:
a rectangular body comprising: an inner surface and an outer surface, wherein the outer surface is opposite the inner surface, and a first edge, a second edge, a third edge, and a fourth edge, wherein the first edge is opposite the third edge, and wherein the second edge is opposite the fourth edge; and each edge of the first edge, the second edge, the third edge, and the fourth edge, comprises a plurality of teeth extending outwardly from the edge, wherein: each of the plurality of teeth are spaced apart such that the plurality of teeth is configured to intermesh with a plurality of teeth of an adjacent panel of the modular crate system to form at least a portion of a modular crate, each of the plurality of teeth includes a first tooth positioned at one end of the edge, the first tooth comprising a post configured to engage with a slot of a a connector to couple the panel to the adjacent panel, and each of the plurality of teeth further comprises at least two different types of teeth, the two different types of teeth comprising: a first tooth type; and a second tooth type, and
a connector for coupling the panel to another panel (a plurality of panels),
the connector comprising: a cubic body comprising an upper surface and an opposed lower surface, and four side surfaces extending between the upper surface and the lower surface; an opening extending through the cubic body from the upper surface to the lower surface; and for each of the side surfaces, a T-shaped slot formed into the side surface and extending from the lower surface towards the upper surface.
15. The system of claim 14, wherein the opening of the connector is configured to receive a shaft of a bolt therethrough.
23.The modular crate system of claim 21, wherein the slot in each of at least three of the side surfaces comprises a T-shaped slot.
Excerpt from claim 14. The connector comprising…for each of the side surface, a T-shaped slot formed into the side surface.
24. The modular crate system of claim 21, wherein the connector body comprises an upper surface and an opposed lower surface, and wherein the opening extends through the connector body from the upper surface to the lower surface.
Excerpt from claim 14: connector comprising: a cubic body comprising an upper surface and an opposed lower surface, …an opening extending through the cubic body from the upper surface to the lower surface
25. The modular crate system of claim 24, wherein the upper surface comprises a recess configured to receive a head of the fastener.
18. The system of Claim 14, wherein the upper surface of the connector comprises a recess configured to receive a head of a bolt inserted through the opening.
27.The modular crate system of claim 21, wherein the post comprises a cylindrical projection terminating in a circular flange
8. The panel of Claim 1, wherein the post comprises a cylindrical projection terminating in a circular flange
28. The modular crate system of claim 27, wherein the post comprises an opening extending along a longitudinal axis of the post, the opening being configured to receive the fastener.
9. (Original) The panel of Claim 8, wherein the post comprises an opening extending along a longitudinal axis of the post.
Excerpt from claim 1: a post integrally formed with the first tooth and configured to engage with a slot of a connector to couple the panel to the adjacent panel and excerpt from claim 15: wherein the opening of the connector is configured to receive a shaft of a bolt therethrough
29. The modular crate system of claim 28, wherein the opening is threaded.
30. The modular crate system of claim 21, wherein the fastener comprises a bolt.
10. wherein the opening is threaded and configured to receive a bolt.
31. The modular crate system of claim 30, wherein the bolt comprises an M8 bolt.
17. The system of Claim 15, wherein the bolt comprises an M8 bolt.
32. The modular crate system of claim 21, wherein each of the plurality of panels comprises a rectangular body
Except claim 1: the panel comprising: a rectangular body
33. The modular crate system of claim 32, wherein the rectangular body is square.
12. The panel of Claim 1, wherein the rectangular body is square.
36. A method of assembling a modular crate system, the method comprising: arranging a plurality of panels adjacent one another with teeth of the plurality of panels intermeshed, each panel including a body and a plurality of teeth along an edge of the body, at least one tooth of the plurality of teeth including a post; engaging, with a connector, posts of at least three of the plurality of panels, the connector including a body having a plurality of side surfaces, a slot in each of at least three of the side surfaces, and an opening configured to receive a fastener; and extending the fastener through the opening of the connector and securing the connector to a post of one of the plurality of panels such that the connector retains the at least three panels relative to one another.
14. A modular crate system, comprising: the panel of Claim 1;
the panel comprising:
a rectangular body comprising: an inner surface and an outer surface, wherein the outer surface is opposite the inner surface, and a first edge, a second edge, a third edge, and a fourth edge, wherein the first edge is opposite the third edge, and wherein the second edge is opposite the fourth edge; and each edge of the first edge, the second edge, the third edge, and the fourth edge, comprises a plurality of teeth extending outwardly from the edge, wherein: each of the plurality of teeth are spaced apart such that the plurality of teeth is configured to intermesh with a plurality of teeth of an adjacent panel of the modular crate system to form at least a portion of a modular crate, each of the plurality of teeth includes a first tooth positioned at one end of the edge, the first tooth comprising a post configured to engage with a slot of a connector to couple the panel to the adjacent panel, and each of the plurality of teeth further comprises at least two different types of teeth, the two different types of teeth comprising: a first tooth type; and a second tooth type, and
a connector for coupling the panel to another panel (a plurality of panels),
the connector comprising: a cubic body comprising an upper surface and an opposed lower surface, and four side surfaces extending between the upper surface and the lower surface; an opening extending through the cubic body from the upper surface to the lower surface; and for each of the side surfaces, a T-shaped slot formed into the side surface and extending from the lower surface towards the upper surface.
15. The system of claim 14, wherein the opening of the connector is configured to receive a shaft of a bolt therethrough.
38. The method of claim 36, wherein the slot in each of at least three of the side surfaces comprises a T-shaped slot.
Excerpt from claim 14. The connector comprising…for each of the side surface, a T-shaped slot formed into the side surface.
40. The method of claim 39, wherein the upper surface comprises a recess configured to receive a head of the fastener.
18. The system of Claim 14, wherein the upper surface of the connector comprises a recess configured to receive a head of a bolt inserted through the opening.
As shown in the mapping above, claim 14 (which includes claim 1) of the reference patent includes all the limitations of claim 21 and 36 of the instant application, while also reciting further limitations. Claims 22, 26, 34,35 and 37 are included due to their dependencies. Claims 23-25. 27-35, 36 and 38-40 have the same limitations as the claims they are compared against in the above chart.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Lauren Kmet whose telephone number is (313)446-4834. The examiner can normally be reached M-F 9am-6pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anthony Stashick can be reached at (571) 272-4561. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/L KMET/Examiner, Art Unit 3735
/Anthony D Stashick/Supervisory Patent Examiner, Art Unit 3735
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