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 § 112
1. The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 13, 22, 25-27, 29-32 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
With respect to claim 12, the claims are drawn to ONLY the third embodiment (Fig.20-Fig.24) and thus the third embodiment does not show the protrusions and snaps on the shelf system as claimed in claim 13 as such claim 13 is considered new matter, since the features claimed are shown in species 2 but not species 3. With respect to claim 22, the cable is NOT shown in the third embodiment (species 3) and only shown in the second embodiment (species 2) and since claim 22 is dependent on claim 12, which is drawn to ONLY the third embodiment, claim 22 is considered new matter.
Claim 23 is drawn ONLY to the second embodiment, the cable is not shown in the third embodiment (Fig.20-24) thus the dependent claims of claim 23 need to recite the features of ONLY the second embodiment (FIg.11-19) NOT the third embodiment and thus claims 26 and 27 are considered new matter since these features are not shown in FIg.11-FIg.19. Furthermore with respect to claim 25, “the cable operable to relax in response to a transition of the receiving portion to the stowed position” such features are not disclosed in the specification nor shown in the drawings. The only recitation of “a cable” is in paragraph 0047, “a cable or wire 79 may extend between the receiving portion 56 and the stationary portion 54 to further support maintaining the receiving portion 56 in the operational position 60 or may be used in lieu of the stopper 76 to maintain the receiving portion 56 in the operational position 60”. There is no mention of the cable relaxing in the stowed position. Thus claim 25 is considered new matter.
With respect to claims 29-32, the limitation in claim 29, “the cable is configured… to relax in response to a transition of the receiving portion to the stowed position” is not disclosed in the specification nor shown in the drawings. The only recitation of “a cable” is in paragraph 0047 of the spec, “a cable or wire 79 may extend between the receiving portion 56 and the stationary portion 54 to further support maintaining the receiving portion 56 in the operational position 60 or may be used in lieu of the stopper 76 to maintain the receiving portion 56 in the operational position 60”. There is no mention of the cable relaxing in the stowed position. Same problem occurs in claim 30. Thus claim 29 is new matter. Furthermore claim 29 mixes the features of second embodiment (Fig.11-19; a cable connected to the stationary portion and the receiving portion) and the third embodiment (Fig.20-24, “a plate defining a plurality of partially cylindrical recessed areas configured to retain cans in angled positions”) and thus there is no embodiment that shows these features together on the same shelf and thus claim 29 is further considered as new matter for this issue. Claims 31-32 are rejected for being dependent on claim 29.
Claim Rejections - 35 USC § 103
2. 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.
3. Claims 12 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over KR100467492 (KR ‘492) in further in view of WO 2009/127576 (WO ‘576).
With respect to claim 12, KR ‘492 shows refrigerator shelf system comprising: a refrigerator (Fig.1, 1) having a liner wall defining a cavity (Fig.1); a shelf (11 and 12, Fig.2) having (i) a stationary portion (11) secured to the liner wall (via fasteners 21, Fig.2) and (ii) a receiving portion (12, Fig.2) rotatably secured to the stationary portion (via hinge 13), wherein the receiving portion (12) is configured to transition between a horizontal position (Fig.5) to support at least one item and a vertical position (Fig.6) that is adjacent to the stationary portion (11); a plate (12) disposed on the receiving portion and defining at least one cylindrical recessed area (Fig.2). With respect to claim 12, KR ‘492 doesn’t show the cylindrical recessed area extending downward along an angle from a top surface of the plate. WO ‘576 teaches a plate (7, Fig.1) defining at least one recessed area (4, FIg.1) extending downward along at least one angle from a top surface of the plate (7) such that the least one cylindrical recessed area is operable to retain at least one can in at least one angled position (see translation pg.3 “the depth of the recesses 4 thereby decreases towards the side of the refrigerator. The cans are therefore raised towards the refrigerator door, so that the label is readable when opening the refrigerator door”. It would have been obvious to modify the plate of KR ‘492 such that it has at least one angled cylindrical recessed area, such as taught by WO ‘576, in order to be able to easily view and read the label on the can.
With respect to claim 14, the combination (KR ‘492) teaches wherein the receiving portion (12) includes a stopper (back end of 12 engaging 14, Fig.2, Fig.5) configured to engage a bottom surface (14) of the stationary portion (11) to secure the receiving portion in the horizontal position (Fig.5).
4. Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over KR100467492 (KR ‘492) in view of WO 2009/127576 (WO ‘576) in further view of US Patent 6,039,416 (Lambert).
With respect to claim 13, modified KR ‘492 doesn’t show protrusions on the stationary portion and snaps on the receiving portion. Lambert shows wherein the stationary portion (26, FIg.1) includes protrusions (54, FIg.1) extending laterally outward from opposing lateral sides of the stationary portion and the receiving portion (32, Fig.1) includes snaps (56) extending outward from opposing lateral sides of the receiving portion, the snaps having hooks (56) configured to engage the protrusions (54) to secure the receiving portion (32) in the vertical position (Fig.3) and disengage the protrusions to facilitation transitioning the receiving portion to the horizontal position (Fig.1). It would have been obvious to one having ordinary skill in the art to include protrusions on the stationary portion and snaps on the receiving portion, such as taught by Lambert, in order to easily fasten and secure the receiving portion in the vertical/folded position and to easily release it to the horizontal position.
5. Claims 15, 16, 17 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over KR100467492 (KR ‘492) in view of WO 2009/127576 (WO ‘576) in further view of JPH0719722 (JP ‘722).
With respect to claim 15, modified KR ‘492 shows wherein the receiving portion (12) includes a frame (between 26 and 26, Fig.2) but doesn’t show interchangeable plates. With respect to claim 15, JP ‘722 shows a shelf having a frame configured to receive interchangeable plates (3, Fig.1, Fig.4, Fig.8, Fig.11). It would have been obvious to one having ordinary skill in the art to modify the receiving portion such that the frame is configured to receive interchangeable plates, such as taught by JP ‘722, in order to be able to securely hold and support items with varying shapes thereon.
With respect to claim 16, the combination (JP ‘722) teaches wherein the interchangeable plates (3, Fig.1, Fig.4, Fig.8, Fig.11) are each shaped to receiving varying items (Fig.7, Fig.10, Fig.13).
With respect to claim 17, the combination JP ‘722 shows wherein one of the interchangeable plates (3 in figure 8) is shaped to receive a bottle (Fig.10).
With respect to claim 19, the combination (JP ‘722) shows wherein one of the interchangeable plates (6, Fig.4) is shaped to receive a plurality of eggs (via holes 8, Fig.5, Fig.7).
6. Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over KR100467492 (KR ‘492) and WO 2009/127576 (WO ‘576) in view of JPH0719722 (JP ‘722) in further view of CN104457124 A (CN ‘124).
With respect to claim 20, the combination doesn’t show the interchangeable plate is textured. CN ‘124 shows the plate (8, Fig.3/1302, Fig.4) is textured (10, Fig.3/16, Fig.4, see translation paragraphs 0022 and 0023) to increase friction. It would have been obvious to one having ordinary skill in the art to make the plate of modified KR ‘492, textured, such as taught by CN ‘124, in order to prevent the items on the plate from sliding and falling off.
7. Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over KR100467492 (KR ‘492) in view of WO 2009/127576 (WO ‘576) in further view of US Patent 4,515,334 (Horne).
With respect to claim 21, modified KR ‘492 shows at least one cylindrical recessed area comprises first and second cylindrical recessed area but doesn’t show the recessed areas are angled toward first and second opposing ends of the plate.
Horne shows first and second cylindrical recessed areas (half of 8 and the other half of 8, FIg.1) and, wherein the first and second cylindrical recessed areas are angled upward from a center of the plate toward first and second opposing ends of the plate respectively (Fig.1, Fig.2). It would have been obvious to one having ordinary skill in the art to include first and second recessed areas angled upward from the center of the plate, such as shown by Horne, in order to provide two opposing inclined surfaces to hold cans at an incline from the center of the plate and thus save space on the plate for more cans to be held on the plate.
8. Claim 22 rejected under 35 U.S.C. 103 as being unpatentable over KR100467492 (KR ‘492) in view of WO 2009/127576 (WO ‘576) in further view of US 2007/0114894 A1 (Milburn).
With respect to claim 22, modified KR ‘492 doesn’t teach a cable. Milburn teaches a cable (76, FIg.7) extending between the receiving portion (86, Fig.7) and the stationary portion (22) to support the receiving portion in the horizontal position. It would have been obvious to one having ordinary skill in the art to include a cable to the shelf of modified KR ‘492, such as taught by Milburn, in order to brace and support the shelf in the horizontal position to provide sufficient degree of rigidity.
9. Claims 23-25 are rejected under 35 U.S.C. 103 as being unpatentable over KR100467492 (KR ‘492) in further view of US 2007/0114894 A1 (Milburn).
With respect to claim 23, KR ‘492 shows a refrigerator shelf comprising: a shelf (11 and 12, Fig.2) having a stationary portion (11) and a receiving portion (12) movably secured to the stationary portion, wherein the receiving portion (12) is configured to transition between an operational position (Fig.2) to support at least one item and a stowed position (FIg.6). With respect to claim 23, KR ‘492 doesn’t show a cable.
Milburn teaches a cable (76, FIg.7) extending between the receiving portion (86, Fig.7/24, FIg.3) and the stationary portion (22) to support the receiving portion in the operational position. It would have been obvious to one having ordinary skill in the art to include a cable to the shelf of KR ‘492, such as taught by Milburn, in order to brace and support the shelf in the operational position to provide sufficient degree of rigidity.
With respect to claim 24, the combination (Milburn) teaches wherein the cable (76, FIg.7) is secured lateral sides of the stationary portion (22) and the receiving portion (86, FIg.7/24, FIg.3).
With respect to claim 25, the combination (Milburn) teaches wherein the cable (76, Fig.7) is operable to provide a tension force to support the receiving portion (86, Fig.7/24, Fig.3) when in the operational position (FIg.7/Fig.3) and relax in response to a transition of the receiving portion to the stowed position (Fig.2).
10. Claim 26 is rejected under 35 U.S.C. 103 as being unpatentable over KR100467492 (KR ‘492) in view of US 2007/0114894 A1 (Milburn) in further view of WO 2009/127576 (WO ‘576).
With respect to claim 26, modified KR ‘492 shows a plate (12, Fig.2) disposed on the receiving portion and defining at least one cylindrical recessed area.
With respect to claim 26, modified KR ‘492 doesn’t show the cylindrical recessed area extending downward along an angle from a top surface of the plate. WO ‘576 teaches a plate (7, Fig.1) defining at least one recessed area (4, FIg.1) extending downward along at least one angle from a top surface of the plate (7) such that the least one cylindrical recessed area is operable to retain at least one can in at least one angled position (see translation “the depth of the recesses 4 thereby decreases towards the side of the refrigerator. The cans are therefore raised towards the refrigerator door, so that the label is readable when opening the refrigerator door”). It would have been obvious to modify the plate of KR ‘492 such that it has at least one angled cylindrical recessed area, such as taught by WO ‘576, in order to be able to easily view and read the label on the can.
11. Claims 26 and 27 are rejected under 35 U.S.C. 103 as being unpatentable over KR100467492 (KR ‘492) in view of US 2007/0114894 A1 (Milburn) in further view of US Patent 4,515,334 (Horne).
With respect to claim 26, modified KR ‘492 shows a plate (12, Fig.2) disposed on the receiving portion and defining at least one cylindrical recessed area.
With respect to claim 26, modified KR ‘492 doesn’t show the cylindrical recessed area extending downward along an angle from a top surface of the plate.
Horne shows at least one cylindrical recessed area (6, FIg.1) extending downward along an angle from a top surface of the plate (2, Fig.1) such that the at least one cylindrical recessed area (6) is operable to retain at least one can in at least one angled position. It would have been obvious to modify the plate of modified KR ‘492 such that it has at least one angled cylindrical recessed area, such as taught by Horne, in order to be able to easily view and read the label on the can.
With respect to claim 27, the combination (Horne) shows first and second cylindrical recessed areas (half of 8 and the other half of 8, FIg.1) and, wherein the first and second cylindrical recessed areas are angled upward from a center of the plate (2) toward first and second opposing ends of the plate respectively (Fig.1, Fig.2). It would have been obvious to one having ordinary skill in the art to include first and second recessed areas angled upward from the center of the plate, such as shown by Horne, in order to provide two opposing inclined surfaces to hold cans at an incline from the center of the plate and thus save space on the plate for more cans to be held on the plate.
12. Claim 28 is rejected under 35 U.S.C. 103 as being unpatentable over KR100467492 (KR ‘492) in view of US 2007/0114894 A1 (Milburn) in further view of US Patent 6,039,416 (Lambert).
With respect to claim 28, modified KR ‘492 doesn’t show protrusions on the stationary portion and snaps on the receiving portion. Lambert shows wherein the stationary portion (26, FIg.1) includes protrusions (54, FIg.1) extending laterally outward from opposing lateral sides of the stationary portion and the receiving portion (32, Fig.1) includes snaps (56) extending outward from opposing lateral sides of the receiving portion, the snaps having hooks (56) configured to engage the protrusions (54) to secure the receiving portion (32) in the vertical position (Fig.3) and disengage the protrusions to facilitation transitioning the receiving portion to the horizontal position (Fig.1). It would have been obvious to one having ordinary skill in the art to include protrusions on the stationary portion and snaps on the receiving portion, such as taught by Lambert, in order to easily fasten and secure the receiving portion in the vertical/folded position and to easily release it to the horizontal position.
13. Claims 29 and 30 are rejected under 35 U.S.C. 103 as being unpatentable over KR100467492 (KR ‘492) in view of WO 2009/127576 (WO ‘576) in further view of US 2007/0114894 A1 (Milburn).
With respect to claim 29, KR ‘492 shows a refrigerator shelf (10, Fig.2) comprising: a shelf (10) having a stationary portion (11) and a receiving portion (12) movably secured to the stationary portion, wherein the receiving portion (12) is configured to transition between an operational position (Fig.5) to support at least one item and a stowed position (Fig.6) that is adjacent to the stationary portion. With respect to claim 29, KR ‘492 doesn’t show plurality of partially cylindrical recessed areas to retain cans in angled positions. WO ‘576 shows a plate (7, FIg.1) defining a plurality of partially cylindrical recessed areas (4, Fig.1) configured to retain cans in angled positions. It would have been obvious to modify the plate of KR ‘492 such that it has plurality of partially cylindrical recessed areas to retain cans in angled positions, such as taught by WO ‘576, in order to be able to carry plurality of cans on the shelf and in order to be able to easily view and read the label on the can. The combination doesn’t show a cable. Milburn teaches a cable (76, Fig.7) connected to the stationary portion (22) and the receiving portion (86), wherein the cable (76) is configured to extend between the receiving portion and the stationary portion to support the receiving portion in the operational position (Fig.7), provide a tension force to support the receiving portion when in the operational position, and relax in response to a transition of the receiving portion to the stowed position (Fig.2). It would have been obvious to one having ordinary skill in the art to include a cable to the shelf of modified KR ‘492, such as taught by Milburn, in order to brace and support the shelf in the operational position to provide sufficient degree of rigidity.
With respect to claim 30, the combination (Milburn) teaches a second cable (other cable 76, FIg.7) connected to the stationary portion (22) and the receiving portion (86, FIg.7/24, FIg.3) on opposing sides of the stationary portion and the receiving portion relative to the cable, wherein the second cable is configured to extend between the receiving portion (24/86) and the stationary portion (22) to support the receiving portion in the operational portion (Fig.7), provide a tension force to support the receiving portion when in the operational position (section 0034), and relax in response to a transition of the receiving portion to the stowed position (Fig.2).
14. Claim 31 is rejected under 35 U.S.C. 103 as being unpatentable over KR100467492 (KR ‘492) and WO 2009/127576 (WO ‘576) in view of US 2007/0114894 A1 (Milburn) in further view of US Patent 4,515,334 (Horne).
With respect to claim 31, modified KR ‘492 doesn’t show the recessed areas are angled upward from a center of the plate toward first and second opposing ends of the plate.
Horne shows first and second cylindrical recessed areas (half of 8 and the other half of 8, FIg.1) and, wherein the first and second cylindrical recessed areas are angled upward from a center of the plate (2) toward first and second opposing ends of the plate respectively (Fig.1, Fig.2). It would have been obvious to one having ordinary skill in the art to include first and second recessed areas angled upward from the center of the plate, such as shown by Horne, in order to provide two opposing inclined surfaces to hold cans at an incline from the center of the plate and thus save space on the plate for more cans to be held on the plate.
15. Claim 32 is rejected under 35 U.S.C. 103 as being unpatentable over KR100467492 (KR ‘492) and WO 2009/127576 (WO ‘576) in view of US 2007/0114894 A1 (Milburn) in further view of US Patent 6,039,416 (Lambert)
With respect to claim 32, modified KR ‘492 doesn’t show protrusions on the stationary portion and snaps on the receiving portion. Lambert shows wherein the stationary portion (26, FIg.1) includes protrusions (54, FIg.1) extending laterally outward from opposing lateral sides of the stationary portion and the receiving portion (32, Fig.1) includes snaps (56) extending outward from opposing lateral sides of the receiving portion, the snaps having hooks (56) configured to engage the protrusions (54) to secure the receiving portion (32) in the vertical position (Fig.3) and disengage the protrusions to facilitation transitioning the receiving portion to the horizontal position (Fig.1). It would have been obvious to one having ordinary skill in the art to include protrusions on the stationary portion and snaps on the receiving portion, such as taught by Lambert, in order to easily fasten and secure the receiving portion in the vertical/folded position and to easily release it to the horizontal position.
Response to Arguments
Applicant’s arguments with respect to the claims have been considered but are moot in view of the new grounds of rejection.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HIWOT E TEFERA whose telephone number is (571)270-3320. The examiner can normally be reached M-F 9-6PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Daniel Troy can be reached at 5712703742. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/HIWOT E TEFERA/Examiner, Art Unit 3637