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 § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 24 is rejected under 35 U.S.C. 103 as being unpatentable over US Patent 1,764,532 to Sacerdote.
In Reference to Claim 24
Sacerdote discloses a slat configured for use with a towel rack, the slat comprising: at least one elongated body (Fig. 2, 19),an attachment device (Fig. 8, 48) coupled to a top end of the at least one elongated body, wherein the attachment device is configured to secure to the towel rack (Fig. 8, 42) so that the at least one elongated body extends below a top of the towel rack (As showed in Fig. 8), wherein the at least one elongated body is configured to provide a barrier (Since the attachment bar 46 has a solid bar, obviously, it is a barrier to the air flow. The Office considers that provide a barrier is a function of the recited structure. The Sacerdote’s bar will provide a barrier effect in certain level) along a side of an item positioned on the towel rack to restrict fluid flow around the item, and a heat reactive material (Sacerdote teaches that bar 45 / 46 are metal bars, obviously, they are heat reactive material which can transfer heat) extending along the at least one elongated body, wherein the slat is configured to move along the towel rack to position the at least one elongated body adjacent to the item positioned on the towel rack. (Since the 45 and 46 are clamping structure, therefore they are slidable with respect to the towel rack 42).
In Reference to Claim 25
Sacerdote discloses the at least one elongated body includes a pair of elongated bodies (Fig. 8, 49/50) extending from the attachment device, wherein each of the pair of elongated bodies is configured to extend downward from the towel rack (Fig. 8, 42).
In Reference to Claim 26
Sacerdote discloses an opening (As showed in Fig. 8, at clamp 48, a hole is formed in order to be clamped on the towel rack) is formed between the pair of elongated bodies, wherein the attachment device is coupled to the towel rack so that at least a portion of the towel rack extends through the opening.
In Reference to Claim 27
Sacerdote discloses the slat is a first slat (Fig. 8, 48) that is configured to cooperate with a second slat (Fig. 8, 47) to provide a plurality of barriers, wherein a first barrier of the plurality of barriers is configured to restrict fluid flow along a first side of the item and wherein a second barrier of the plurality of barriers is configured to restrict fluid flow along a second side of the item. (Since the attachment bar 46 has a solid bar, obviously, it is a barrier to the air flow. The Office considers that provide a barrier is a function of the recited structure. The Sacerdote’s bar will provide a barrier effect in certain level)
In Reference to Claim 28
Sacerdote discloses first slat (Fig. 8, 48) is moveable to a position adjacent the first side of the item, and the second slat (Fig. 8, 47) is moveable to a position adjacent the second side of the item.
In Reference to Claim 33
Sacerdote discloses a heating structure configured to heat an item, the heating structure comprising: a horizontal element (Fig. 8, 42), wherein the item is configured to position on the horizontal element; and a slat (Fig. 8, 46) configured to discharge heat, the slat comprising: at least one elongated body (Fig. 8, 46), an attachment device (Fig. 8, 48) coupled to a top end of the at least one elongated body, wherein the attachment device is configured for securing the slat to the horizontal element so that the at least one elongated body extends below the horizontal element (As showed in Fig. 8), wherein the at least one elongated body is configured to provide a barrier (Since the attachment bar 46 has a solid bar, obviously, it is a barrier to the air flow. The Office considers that provide a barrier is a function of the recited structure. The Sacerdote’s bar will provide a barrier effect in certain level) to fluid flow along a side of the item to restrict heated fluid from flowing away from the item, and a heat reactive material (Sacerdote teaches the material of the bar 46 is metal, therefore, it is a heat reactive material) extending along the at least one elongated body, wherein the slat is configured to move along (As showed in Fig. 8, the top secure design 46 is a clamp, therefore, it is movable) the horizontal element to position the at least one elongated body adjacent to the item.
In Reference to Claim 34
Sacrerdote discloses the at least one elongated body includes a pair of elongated bodies (Fig. 8, 49’ and 50’) extending from the attachment device, wherein each of the pair of elongated bodies extends from the horizontal element (Fig. 8, 42).
In Reference to Claim 35
Sacerdote discloses an opening (As showed in Fig. 8, at clamp 48, a hole is formed in order to be clamped on the towel rack) is formed between the pair of elongated bodies, wherein the attachment device is coupled to the horizontal element so that at least a portion of the horizontal element extends through the opening.
In Reference to Claim 37
Sacerdote discloses a first slat (Fig. 8, 46) and a second slat (Fig. 8, 49), wherein: the first slat is moveable to a position adjacent a first side of the item, and the second slat is moveable to a position adjacent a second side of the item. (Since both 46 and 49 are coupled to the rack via clamp design, therefore, they are slidable)
In Reference to Claim 41
Sacerdote discloses the horizontal element comprises a top portion of a frame (As showed in Fig. 8, the top portion 40 is a frame).
In Reference to Claim 42
Sacerdote discloses the horizontal element comprises a bar. (As showed in Fig. 8)
Allowable Subject Matter
Claim 43 is allowed.
Claims 29-32 38-40 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
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DEMING . WAN
Examiner
Art Unit 3762
/DEMING WAN/Primary Examiner, Art Unit 3762
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