DETAILED ACTION
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 03/24/2026 has been entered.
Response to Arguments
2. Applicant’s arguments with respect to the claim(s) have been considered but are moot in view of the new ground(s) of rejections.
Claim Rejections - 35 USC § 103
3. 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.
4. Claim(s) 1, 2, 4, 8, 9, and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Henry O. Zeller (4,889,260 – hereinafter Zeller) in view of Erik Olsson (3,220,558 – hereinafter Olsson).
Re Claims 1 and 4:
Zeller discloses a first flap (26), the first flap (26) configured to flex, from a first position (see upper two flaps (26)) (Fig. 2), downward to a second position (see lowest flap (26)) (Fig. 2) in response to pressure exerted by a (product) descending through a compartment of a (product) rack system while the (product) is in contact with the first flap (26), and the first flap (26) configured to flex upward from the second position (see lowest flap (26)) (Fig. 2) to the first position (see upper two flaps (26)) (Fig. 2) when the (product) descending through the compartment is below and no longer in contact with the first flap (260 (see Figs. 2 and 3) (see Figs. 1-6), but fails to teach a second flap positioned substantially perpendicular to the first position of the first flap; a raised step positioned between the second flap and the first flap, the first flap extending in a first direction from a first edge of the raised step and the second flap extending in a second direction from a second edge of the raised step, wherein the first direction is substantially perpendicular to the second direction, the raised step configured to enable the first flap to move independently of the second flap; and a flange protruding from the second flap, the flange and the second flap configured to removably couple the back bumper to the can rack system by hooking on to a back wall of the can rack system such that the second flap is positioned on an inner side of the back wall and the flange is positioned on an outer side of the back wall.
Olsson teaches a second flap (231a) positioned substantially perpendicular to a first position of a first flap (220); a raised step (227) positioned between the second flap (231a) and the first flap (220), the first flap (220) being coupled with and extending in a first direction (vertically and perpendicularly) from a first edge (top of 227) of the raised step (227) and the second flap (231a) being coupled with and extending in a second direction (vertically and downwards) from a second edge (from lower portion of 231, also from edge formed by inner curve U shape near 218c) of the raised step (231), wherein the first direction (vertically and perpendicularly) is substantially perpendicular to the second direction (vertically and downwards), the raised step (227) configured to enable the first flap (220) to move independently of the second flap (231a); and a flange (231a – opposite outer side) protruding from the second flap (231a), the flange (231a – opposite outer side) and the second flap (231a) configured to removably couple the back bumper to a (product) rack system by hooking on to a back wall (218b) of the (product) rack system such that the second flap (231a) is positioned on an inner side of the back wall (218b) and the flange (231a – opposite outer side) is positioned on an outer side of the back wall (12) (see Fig. 2, see Figs. 1-5). Re Claim 4: Olsson teaches wherein the flange (231a – opposite outer side) further comprises a flange hole (hole which rivet passes through), wherein a back wall (12) of the (product) rack system further comprises a protruding portion (rivet), and wherein hooking a flange (at 26) and a second flap (vertical intermediate portion of 26, near 12a/24) on to a back wall (12) of a (product) rack system further comprises coupling a protruding portion (rivet) to the flange (at 26) via the flange hole (hole which rivet passes through) (see col. 2 lines 15-23) (Examiner notes that it would have been obvious to combine the teachings of Olsson to increase the strength of a connection to a wall as suggested by Olsson). Therefore, it would have been obvious, for one of ordinary skill in the art, before the effective filing date of the invention, to have been motivated to combine the teachings of Zeller with that of Olsson to allow for holding a product of a given size against securely within a device. Examiner notes the combination would be further capable of having multiple flaps or housings with flaps side by side for teaching plurality of flaps, for such would not change the primary purpose of the invention and would only require a duplication of parts without any additional inventive skill.
Further Re Claims 2 and 9:
Zeller discloses wherein the first flap (26) is a flat flap, wherein the flat flap extends into the compartment of the (product) rack system (see Figs. 2 and 3).
Re Claims 8 and 11:
Zeller discloses a plurality of back bumpers (at 26), each back bumper (at 26) of the plurality of back bumpers comprising: a first flap (26), the first flap (26) configured to flex, from a first position (see upper two flaps (26)) (Fig. 2), downward to a second position (see lowest flap (26)) (Fig. 2) in response to pressure exerted by a (product) descending through a compartment of a (product) rack system while the (product) is in contact with the first flap (26), and the first flap (26) configured to flex upward from the second position (see lowest flap (26)) (Fig. 2) to the first position (see upper two flaps (26)) (Fig. 2) when the (product) descending through the compartment is below and no longer in contact with the first flap (260 (see Figs. 2 and 3) (see Figs. 1-6), but fails to teach a second flap positioned substantially perpendicular to the first position of the first flap; a raised step positioned between the second flap and the first flap, the first flap extending in a first direction from a first edge of the raised step and the second flap extending in a second direction from a second edge of the raised step, wherein the first direction is substantially perpendicular to the second direction, and the raised step configured to enable the first flap to move independently of the second flap; and a flange protruding from the second flap, the flange and the second flap configured to removably couple the back bumper to the can rack system by hooking on to a back wall of the can rack system such that the second flap is positioned on an inner side of the back wall and the flange is positioned on an outer side of the back wall.
Olsson teaches a second flap (231a) positioned substantially perpendicular to a first position of a first flap (220); a raised step (227) positioned between the second flap (231a) and the first flap (220), the first flap (220) being coupled with and extending in a first direction (vertical/perpendicular) from a first edge (top) of the raised step (227) and the second flap (231a) being coupled with and extending in a second direction (vertically downwards) from a second edge (bottom) of the raised step (227) wherein the first direction (vertical/perpendicular) is substantially perpendicular to the second direction (vertically downwards), and the raised step (227) configured to enable the first flap (220) to move independently of the second flap (231a); and a flange (231a - backside) protruding from the second flap (231a), the flange (231a - backside) and the second flap (231a) configured to removably couple the back bumper to a (product) rack system by hooking on to a back wall (218b) of the (product) rack system such that the second flap (231a) is positioned on an inner side of the back wall (218b) and the flange (231a - backside) is positioned on an outer side of the back wall (218b) (see Figs. 1-5) (see Figs. 1-5). Therefore, it would have been obvious, for one of ordinary skill in the art, before the effective filing date of the invention, to have been motivated to combine the teachings of Zeller with that of Olsson to allow for holding a product of a given size against securely within a device.
5. Claim(s) 3 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zeller in view of Olsson and further in view of Ryohei Kondo (US 4,254,893 – hereinafter Kondo).
Re Claims 3 and 10:
Zeller in view of Olsson discloses the device of claim 1, including wherein a first edge of the flat flap extends from the first edge (18 or near 25) of the raised step (upper portion of U section at 24, 25, and 26b) (see Olsson Fig. 2). Therefore, it would have been obvious, for one of ordinary skill in the art, before the effective filing date of the invention, to have been motivated to combine the teachings of Zeller with that of Olsson to allow for holding a product of a given size against securely within a device. However, Zeller in view of Olsson fails to teach wherein the flat flap further comprises a hooked portion and wherein the hooked portion extends from a second edge of the flat fap.
Kondo further in view teaches wherein a flat flap (at 142) further comprises a hooked portion (142), and wherein the hooked portion (142) extends from a second edge (bending section) of the flat fap (at 142) (see Figs. 5 and 6). Therefore, it would have been obvious, for one of ordinary skill in the art, before the effective filing date of the invention, to have been motivated to combine the teachings of Zeller in view of Olsson with that of Kondo to assist in holding product steady and providing additional guidance/handling of product during dispensing.
Allowable Subject Matter
6. Claims 15-18 are allowed.
7. Claims 5 and 12 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
8. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
9. Any inquiry concerning this communication or earlier communications from the examiner should be directed to KELVIN L RANDALL, JR. whose telephone number is (571)270-5373. The examiner can normally be reached M-F: 9:00 am-5 pm est.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Gene Crawford can be reached at 571-272-6911. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/K.L.R/Examiner, Art Unit 3651
/GENE O CRAWFORD/Supervisory Patent Examiner, Art Unit 3651
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