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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address; COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
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`16/700,095
`
`CAR
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`12/02/2019
`
`Ricky Dean Shock
`
`67846-008PUS4
`
`3983
`
`.Sk
`
`SPC.
`
`CARLSON, GASKEY & OLDS, P.C.
`400 WEST MAPLE ROAD
`SUITE 350
`BIRMINGHAM,MI48009
`
`ARNETT, NICOLAS ALLEN
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`3753
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`PAPER NUMBER
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`NOTIFICATION DATE
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`DELIVERY MODE
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`09/30/2020
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`ELECTRONIC
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`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
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`cgolaw @ yahoo.com
`ptodocket @cgolaw.com
`
`PTOL-90A (Rev. 04/07)
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`

`

`
`
`Disposition of Claims*
`1-20 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`CC) Claim(s)
`is/are allowed.
`Claim(s) 1-20 is/are rejected.
`S)
`) O Claim(s)___is/are objected to.
`C) Claim(s
`are subjectto restriction and/or election requirement
`)
`S)
`* If any claims have been determined allowable, you maybeeligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http://www.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) )
`
`Application Papers
`10) The specification is objected to by the Examiner.
`11) The drawing(s)filed on 12/2/19 is/are: a)M) accepted or b)() objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`12)(1) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`cc) None ofthe:
`b)LJ Some**
`a)L) All
`1.2 Certified copies of the priority documents have been received.
`2.2 Certified copies of the priority documents have been received in Application No.
`3.4) Copies of the certified copies of the priority documents have been receivedin this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`* See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1)
`
`Notice of References Cited (PTO-892)
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`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date 12/2/19 (x2).
`U.S. Patent and Trademark Office
`
`3) (J Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
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`4)
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`PTOL-326 (Rev. 11-13)
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`Office Action Summary
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`Part of Paper No./Mail Date 20200925-A
`
`Application No.
`Applicant(s)
`16/700,095
`Shock, Ricky Dean
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`NICOLAS A ARNETT
`3753
`Yes
`
`
`
`-- The MAILING DATEofthis communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom the mailing
`date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHSfrom the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133}.
`Any reply received by the Office later than three months after the mailing date of this communication, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
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`1) Responsive to communication(s) filed on 02 December 2019.
`CO) A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
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`2a)(J This action is FINAL. 2b))This action is non-final.
`3) An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4\(Z Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
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`

`

`Application/Control Number: 16/700,095
`Art Unit: 3753
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`Page 2
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`DETAILED ACTION
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`Notice of Pre-AlA or AIA Status
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`1.
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`The present application, filed on or after March 16, 2013, is being examined under the
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`first inventor to file provisions of the AIA.
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`2.
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`The following is a quotation of 35 U.S.C. 112(f):
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`Claim Interpretation
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`(f) Element in Claim for a Combination. — An element ina claim for a combination may be expressed as
`a means or step for performing a specified function without the recital of structure, material, or acts
`in support thereof, and such claim shall be construed to cover the corresponding structure, material,
`or acts described in the specification and equivalents thereof.
`
`The following is a quotation of pre-AlA 35 U.S.C. 112, sixth paragraph:
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`An element in a claim for a combination may be expressed as a means or step for performing a
`specified function without the recital of structure, material, or acts in support thereof, and such claim
`shall be construed to cover the corresponding structure, material, or acts described in the
`specification and equivalents thereof.
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`3.
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`The claims in this application are given their broadest reasonable interpretation using
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`the plain meaning of the claim languagein light of the specification as it would be understood
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`by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element
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`(also commonly referred to as a claim limitation) is limited by the description in the
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`specification when 35 U.S.C. 112(f) or pre-AlA 35 U.S.C. 112, sixth paragraph, is invoked.
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`As explained in MPEP § 2181, subsection |, claim limitations that meet the following
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`three-prongtest will be interpreted under 35 U.S.C. 112(f) or pre-AlA 35 U.S.C. 112,sixth
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`paragraph:
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`

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`Application/Control Number: 16/700,095
`Art Unit: 3753
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`Page 3
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`(A)
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`the claim limitation uses the term “means” or “step” or a term used as a substitute for
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`“means” that is a generic placeholder (also called a nonce term or a non-structural term
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`having no specific structural meaning) for performing the claimed function;
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`(B)
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`the term “means”or “step” or the generic placeholder is modified by functional
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`language,typically, but not always linked by the transition word “for” (e.g., “means for”)
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`or another linking word or phrase, such as “configured to” or “so that”; and
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`(C)
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`the term “means”or “step” or the generic placeholder is not modified by sufficient
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`structure, material, or acts for performing the claimed function.
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`Use of the word “means”(or “step”) in a claim with functional languagecreatesa
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`rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C.
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`112(f) or pre-AlA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is
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`interpreted under 35 U.S.C. 112(f) or pre-AlA 35 U.S.C. 112, sixth paragraph, is rebutted when
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`the claim limitation recites sufficient structure, material, or acts to entirely perform the recited
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`function.
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`Absence of the word “means”(or “step”) in a claim creates a rebuttable presumption
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`that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AlA 35
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`U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under
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`35 U.S.C. 112(f) or pre-AlA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation
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`recites function without reciting sufficient structure, material or acts to entirely perform the
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`recited function.
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`Claim limitations in this application that use the word “means”(or “step”) are being
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`interpreted under 35 U.S.C. 112(f) or pre-AlA 35 U.S.C. 112, sixth paragraph, except as otherwise
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`

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`Application/Control Number: 16/700,095
`Art Unit: 3753
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`Page 4
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`indicated in an Office action. Conversely, claim limitations in this application that do not use the
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`word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AlA 35 U.S.C.
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`112, sixth paragraph, except as otherwise indicated in an Office action.
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`Double Patenting
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`4.
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`The nonstatutory double patenting rejection is based on a judicially created doctrine
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`grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or
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`improper timewise extension of the “right to exclude” granted by a patent and to prevent
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`possible harassment by multiple assignees. A nonstatutory double patenting rejection is
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`appropriate where the conflicting claims are not identical, but at least one examined
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`application claim is not patentably distinct from the reference claim(s) because the examined
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`application claim is either anticipated by, or would have been obvious over, the reference
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`claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman,
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`11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed.
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`Cir. 1985); In re Van Ornum,686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d
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`438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
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`A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be
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`used to overcome an actual or provisional rejection based on nonstatutory double patenting
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`provided the reference application or patent either is shown to be commonly owned with the
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`examined application, or claims an invention made as a result of activities undertaken within
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`the scope of a joint research agreement. See MPEP § 717.02 for applications subject to
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`examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159.
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`

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`Application/Control Number: 16/700,095
`Art Unit: 3753
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`Page 5
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`See MPEP § 2146et seq. for applications not subject to examination under the first inventor to
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`file provisions of the AIA. A terminal disclaimer must be signed in compliance with 37 CFR
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`1.321(b).
`
`The USPTO Internet website contains terminal disclaimer forms which may be used.
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`Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which
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`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
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`online using web-screens. An eTerminal Disclaimer that meetsall requirements is auto-
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`processed and approved immediately upon submission. For more information about eTerminal
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` Disclaimers, refer to www.
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`5.
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`Claims 1-20 are rejected on the ground of nonstatutory double patenting as being
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`unpatentable over claims 1-20 of U.S. Patent No. 10,494,251 (the ‘251 patent) in view of US
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`Patent Application Publication 2007/0181212 to Fell (Fell). Claims 1-20 recited all of the same
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`limitations as claims 1-20 of the ‘251 patent except for a container having two opposedside
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`walls connected to two opposed end walls. Fell teaches a distribution station including a
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`container having two opposed side walls connected to two opposed end walls (shown in Figs. 1-
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`4).
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`It would have been obvious to one ofordinaryskill in the art before the effective filing date
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`of the claimed invention to have used a mobile trailer having a container formed by two
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`opposed side walls connected to two opposed end walls as taught by Fell in the system of the
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`‘251 patent. Such a change requires only the substitution of one mobile trailer with another
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`

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`Application/Control Number: 16/700,095
`Art Unit: 3753
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`Page 6
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`mobile trailer for performing the same function. Further, using a mobile trailer having sidewalls
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`and end walls as disclosed by Fell protects the distribution equipment during transport.
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`Conclusion
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`6.
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`The prior art made of record and notrelied upon is considered pertinent to applicant's
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`disclosure. The cited documentsdisclose distribution stations which are related to applicant’s
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`disclosure and claimed invention.
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`7.
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to NICOLAS A ARNETT whosetelephone number is (571)270-5062.
`
`The examiner can normally be reached on M-Th 8:00-5:00; F 12:00-4:00.
`
`Examiner interviews are available via telephone,in-person, and video conferencing
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`using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is
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`encouraged to use the USPTO Automated Interview Request(AIR) at
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`http://www.uspto.gov/interviewpractice.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
`
`supervisor, Mary EMcManmon can be reached on 571-272-6007. The fax phone number for
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`the organization wherethis application or proceeding is assigned is 571-273-8300.
`
`Information regarding the status of an application may be obtained from the Patent
`
`Application Information Retrieval (PAIR) system. Status information for published applications
`
`may be obtained from either Private PAIR or Public PAIR. Status information for unpublished
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`applications is available through Private PAIR only. For more information about the PAIR
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`

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`Application/Control Number: 16/700,095
`Art Unit: 3753
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`Page 7
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`system, see https://ppair-my.uspto.gov/pair/PrivatePair. Should you have questions on access
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`to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-
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`free). If you would like assistance from a USPTO Customer Service Representative or access to
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`the automated information system, call 800-786-9199 (IN USA OR CANADA)or 571-272-1000.
`
`/NICOLAS A ARNETT/
`Primary Examiner, Art Unit 3753
`September 25, 2020
`
`