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 .
This office action is in response the decision regarding the petition filed on August 27, 2025 requesting that the restriction/election requirement made final on August 7, 2025 be withdrawn. The petition was granted on October 21, 2025 and the restriction/election requirement with regards to Groups 1-3 and 7-10 is hereby withdrawn.
Election/Restrictions
The restriction/election requirement with regards to Groups 1-3 and 7-10 has been withdrawn. Restriction with regards to Groups 4-6 and 11 is maintained. Claims 9-16 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. An apparatus comprising a sleeve with at least one opening is not described in Groups 1-3 and 7-10.
Claim Rejections - 35 USC § 112
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 1-2 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.
Regarding claim 1, line 10, it is unclear if the printed indicia is the same as the printed indicia recited in preamble in line 2.
Claim 2 is indefinite because it is unclear if the retail store point of purchase display is part of the claimed invention. Claim 1 recites an “apparatus for simultaneously exhibiting an Electronic Shelf Label (ESL) and a printed indicia on a retail store point of purchase display” and “said apparatus comprising a connector to attach said apparatus to said retail store point of purchase display” which implies the retail store point of purchase display is not claimed in combination with the apparatus. However, claim 2 appears to further limit the retail store point of purchase display. Claim 2 recites the retail store point of purchase display is a shelf. For examination purposes, the examiner contends the retail store point of purchase display is not part of the claimed invention.
Claim 3 is indefinite because it is unclear if the retail store point of purchase display is part of the claimed invention. Claim 1 recites an “apparatus for simultaneously exhibiting an Electronic Shelf Label (ESL) and a printed indicia on a retail store point of purchase display” and “said apparatus comprising a connector to attach said apparatus to said retail store point of purchase display” which implies the retail store point of purchase display is not claimed in combination with the apparatus. However, claim 3 appears to further limit the retail store point of purchase display. Claim 3 recites the retail store point of purchase display is a wire grill. For examination purposes, the examiner contends the retail store point of purchase display is not part of the claimed invention.
Claim 4 is indefinite because it is unclear if the retail store point of purchase display is part of the claimed invention. Claim 1 recites an “apparatus for simultaneously exhibiting an Electronic Shelf Label (ESL) and a printed indicia on a retail store point of purchase display” and “said apparatus comprising a connector to attach said apparatus to said retail store point of purchase display” which implies the retail store point of purchase display is not claimed in combination with the apparatus. However, claim 4 appears to further limit the retail store point of purchase display. Claim 4 recites the retail store point of purchase display is a display backing card. For examination purposes, the examiner contends the retail store point of purchase display is not part of the claimed invention.
Claim 5 is indefinite because it is unclear if the retail store point of purchase display is part of the claimed invention. Claim 1 recites an “apparatus for simultaneously exhibiting an Electronic Shelf Label (ESL) and a printed indicia on a retail store point of purchase display” and “said apparatus comprising a connector to attach said apparatus to said retail store point of purchase display” which implies the retail store point of purchase display is not claimed in combination with the apparatus. However, claim 5 appears to further limit the retail store point of purchase display. Claim 5 recites the retail store point of purchase display is a peg hook. For examination purposes, the examiner contends the retail store point of purchase display is not part of the claimed invention.
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.
Claims 1-7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO 2008098337 to Thatcher.
Regarding claim 1, Thatcher teaches a label holder for electronic shelf labels (ESLs). The holder can simultaneously exhibit an Electronic Shelf Label (ESL) and a printed indicia (flag, figure 5) on a retail store point of purchase display (retail shelf S), wherein said holder comprises an ESL-engaging portion (ESL carrier/display/cover member 20, 220, 320), said ESL-engaging portion (20) comprises at least two lips (21 and 27, figure 1, page 10, 8-16) to securely retain said ESL, said holder comprising a connector (shelf attachment 40) to attach said holder to said retail store point of purchase display (shelf S), said holder comprises a gripper (downwardly display card holder 80), said gripper (80) comprising at least one finger (fins or fingers 84) for frictional engagement with said indicia (page 11, line 25-36), said gripper (84) is adapted to jointly exhibit a printed indicia (flag) in concert with said ESL, wherein said gripper (84) facilitates quick and easy installation and removal of said printed indicia (flag).
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Regarding claim 2, Thatcher teaches said retail store point of purchase display is a shelf (S). For examination purposes, the examiner contends the retail store point of purchase display is not part of the claimed invention.
Regarding claim 3-5, the retail store point of purchase display is not positively recited/claimed in combination with apparatus and is drawn to the intended use of the apparatus. Therefore, as broadly claimed, the label holder taught by Thatcher is capable of being used with a shelf, wire grill, a display backing card and peg hook. Moreover, Thatcher teaches the label holder can be used in association with any particular brand or type of shelving (page 14, line 1-3).
Regarding claim 6, the label holder taught by Thatcher is attached to a floor model. As broadly claimed a shelf is attached at least indirectly to a floor.
Regarding claim 7, the label holder taught by Thatcher is free-standing.
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 8 is rejected under 35 U.S.C. 103 as being unpatentable over WO 2008098337 to Thatcher in view of US 6026603 to Kump et al. (Kump).
Regarding claim 8, Thatcher teaches said holder is made of extruded material. Thatcher does not teach the holder is made of plastic and the gripper finger comprises a softer rubber-like material with a higher coefficient of friction than said apparatus, wherein said gripper finger is co-extruded with said apparatus.
Kump et al. teaches a label holder with display card holder 52. The display card holder 52 may include a rear wall 54 and a front wall 56 which extend in a spaced manner from an upper end wall 57 to define a U-shaped cavity 58. A plurality of soft, resilient fingers or fins 60 extend within the cavity 58 from both the rear and front walls 54, 56 so as to retain a display card therein (column 5, lines 6-15).
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It would have been obvious to one having ordinary skills in the art before the effective filing date of the claimed invention to construct label holder with fins or finger taught by Thatcher of plastic with the fins or finger made of a softer resilient material as taught by Kump with a reasonable expectation of success to provide to enhance the gripping properties of the fins or fingers.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20080295373 to Garfinkle is cited to show a sign system for displaying product information. The sign system can be attached to the edge of shelf (¶0006), a wire rack (figure 12), backing card (figure 14), an easel intended to rest upon a shelf or flat surface in a display case (figures 5, 6A-B, 9-10; ¶0025), wherein the easel is free standing or a floor model.
US 5197215 to Torsleff; is cited to show a label holder attached to a peg hook (figure 5).
US 20070245611 to McDonald is cited to show a label holder attached to a shelf.
US 20050081417 to Valiulis is cited to show a label holder attached to a peg hook (figure 4) and a shelf (figure 5).
US 6553702 to Bacnik is cited to show a holder for an electronic price label comprising a resilient finger 88 projects from the rear face 29 of the base wall 22 and extends generally parallel to the base wall 22 in a direction toward the second side wall 26. The finger contacts a nib 90 projecting from the rear face 29 in the region of the second sidewall 26 so that a closed slot 92 is defined between the finger 88 and the rear face 29. An advertising flyer or the like (not illustrated) is selectively secured in the slot 92 by insertion of same between the finger 88 and the nib 90 where it is frictionally or otherwise retained. The holder is adapted to be attached to a shelf (figure 3A), a wire figure/grill (figure 11B), a peg hook H1 or H2 (figures 12A-12C).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CASSANDRA DAVIS whose telephone number is (571)272-6642. The examiner can normally be reached Monday-Friday 8:00 AM-4:30 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Liu can be reached at 571-272-8227. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CASSANDRA DAVIS/Primary Examiner, Art Unit 3631