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 .
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.
Claim(s) 4-6, 10-17, 20 is/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.
Claim 4, recites --wherein substantially all of the graphic is viewable from the linear front space boundary and substantially all of the graphic is not visible from the rear space boundary.-- [lines 2-4] wherein --linear front space boundary-- / --rear space boundary-- is vague and indefinite and will be interpreted as --front boundary-- [line 3] / --rear boundary-- [lines 2-3] positively recited in claim 1.
Claims 5-6 rejected by dependency of claim 4.
Claim 10, recites --when the display is in the crate configuration-- [line 10], wherein --display-- lacks antecedent basis in the claim. For purposes of examination --display-- will be interpreted as --trade show booth-- [line 1].
Claims 11-17 rejected by dependency of claim 10.
Claim 20, recites --a a front side-- [line 7], wherein --a a-- is vague and indefinite since it appears to be a typographical error. For purposes of examination --a a-- will be interpreted as --and a--.
Claim 20, recites --when the crate-- [line 10], wherein --crate-- lacks antecedent basis in the claim. For purposes of examination --crate-- will be interpreted as --trade show display-- of [line 4].
Claim 20, recites --transport mode to the display mode-- [lines 19-20], wherein --transport mode-- / --display mode-- lacks antecedent basis in the claim. For purposes of examination --transport mode-- / --display mode--will be interpreted --stowed crate configuration-- / --expanded display configuration-- as positively recited in claim 20 [lines 4-5].
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-2, 4-6, 8-9 is/are rejected under 35 U.S.C. 102(a)(1) and 35 U.S.C. 102(a)(2) as being anticipated by Holum (U. S. Patent Application Publication US20120213329A1) hereinafter HOLUM.
Regarding claim 1, HOLUM teaches (see FIG. 1 - FIG. 2 below) a trade show exhibit 10 comprising a tradeshow space H1-01 and a trade show display H1-05 thereon,
the tradeshow space H1-01 comprising a tradeshow floor surface 21 rectangular in shape and having a rear boundary H1-02, a pair of side boundaries H1-04, H1-08 and a front boundary H1-03,
the trade show display H1-05 convertible between a crate configuration (FIG. 2) and a display configuration (FIG. 1),
the display configuration (FIG. 1) comprising at least four hinged (page 7, para. [0030], lines 4-10, “... hinged...”) together upright side wall panels 31, 32, 33, 34 defining a back side wall 31, 32, 33, 34 positioned proximate to the rear boundary H1-02 and further comprising a base H1-06 with fork lift (page 1, ABSTRACT, lines 2-4) slots 22 positioned at a mid region of the back side wall 31, 32, 33, 34, the at least four hinged (page 7, para. [0030], lines 4-10, “... hinged...”) together upright side wall panels 31, 32, 33, 34 foldable to extend around a periphery of the base H1-06 when the trade show display H1-05 is in the crate configuration (FIG. 2).
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Regarding claim 2, HOLUM teaches (see FIG. 1 - FIG. 2 above) trade show exhibit 10, wherein each of the at least four upright side wall panels 31, 32, 33, 34 have a transport side 15 and a display side H1-07, wherein the transport side 15 is exteriorly exposed (FIG. 2) when the trade show exhibit 10 is in the crate configuration (FIG. 2).
Regarding claim 4, HOLUM teaches (see FIG. 1 - FIG. 2 above) trade show exhibit 10, wherein each of the at least four hinged (page 7, para. [0030], lines 4-10, “... hinged...”) together upright side wall panels 31, 32, 33, 34 comprise a display side H1-07 having graphics 17, wherein substantially all of the graphic 17 is viewable from the linear front space boundary H1-03 and substantially all of the graphic 17 is not visible from the rear space boundary H1-02.
Regarding claim 5, HOLUM teaches (see FIG. 1 - FIG. 2 above) trade show exhibit 10, wherein when the trade show display H1-05 is in the crate configuration (FIG. 2) a crate interior H2-01 is defined and the trade show display H1-05 further comprises promoted product 80 contained in the crate interior H2-01
Regarding claim 6, HOLUM teaches (see FIG. 1 - FIG. 2 above) trade show exhibit 10, wherein when the trade show display H1-05 is in the crate configuration (FIG. 2) the trade show display H1-05 further comprises a plurality of removably attachable graphic 17 panels attached to or attachable to the at least four hinged (page 7, para. [0030], lines 4-10, “... hinged...”) upright side wall panels 31, 32, 33, 34 when the trade show display H1-05 is in the display configuration (FIG. 1).
Regarding claim 8, HOLUM teaches (see FIG. 1 - FIG. 2 above) trade show exhibit 10, wherein the trade show display H1-05 is positioned within 3 feet of the rear boundary H1-02.
Regarding claim 9, HOLUM teaches (see FIG. 1 - FIG. 2 above) trade show exhibit 10, wherein the trade show display H1-05 base H1-06 comprises horizontally extending openings 22 for receiving forks of a fork lift (page 1, ABSTRACT, lines 2-4).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 3, 7, 10-12, 14-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over HOLUM.
Regarding claim 3, HOLUM (as applied to claim 2 above) teaches all the limitations of the claim. HOLUM further teaches (see FIG 1 - FIG 2 above) trade show exhibit 10, wherein each of the at least four upright side wall panels 31, 32, 33, 34 have a polyurethane panel 15 (page 8, para. [0032], “… protect …”) on the transport side 15.
HOLUM fails to teach the at least four upright side wall panels 31, 32, 33, 34 have a wood surface on the transport side 15.
However, it would have been obvious to one of ordinary skill in the art at the time the invention was made to have modified each of the at least four a polyurethane panel 15 in the trade show exhibit 10 of HOLUM to a wood surface since these are regarded as mechanical equivalents intended for protection purposes. MPEP 2144.06 Art Recognized Equivalence for the Same Purpose [R-01.2024]
Regarding claim 7, HOLUM (as applied to claim 1 above) teaches all the limitations of the claim. HOLUM fails to teach (see FIG 1 - FIG 2 above) trade show exhibit 10, wherein the tradeshow floor surface 21 having 10 feet depth H2-03 and 10 or 20 feet width H2-02.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified form of tradeshow floor surface 21 [having 10 feet depth H2-03 and 10 or 20 feet width H2-02] in the trade show exhibit 10 of HOLUM to meet design requirements since a change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. In re Dailey et al., 149 USPQ47.
Regarding claim 10, HOLUM teaches (see FIG 1 - FIG 2 above) a trade show booth 10 comprising:
a rectangular trade show booth floor space 10 of depth H2-03 and width H2-02, and having a linear forward space boundary H2-04 and a linear rearward space boundary H2-05; and
a trade show display H1-05 having a stowed crate configuration (FIG. 2) and an expanded display configuration (FIG. 1), the crate comprising:
a base H1-06 having a rectangular footprint (FIG. 1), a top side H1-09 with a top side periphery, a bottom side, a front side H1-03, a rear side H1-02, a left side H1-04 and a right side H1-08, the base H1-06 configured for receiving a fork of a transport vehicle (page 1, ABSTRACT, lines 2-4) such as a fork lift (page 1, ABSTRACT, lines 2-4);
at least four upright rectangular side wall panels 31, 32, 33, 34 connected to the base H1-06 about the top side periphery,
when the display H1-05 is in the crate configuration (FIG. 2), the four upright rectangular side wall panels 31, 32, 33, 34 defining a closed rectangular shape (FIG. 2) when viewed from above and the at least four upright rectangular side wall panels 31, 32, 33, 34 are secured to the base H1-06 thereby defining a crate interior H2-01.
HOLUM fails to teach rectangular trade show booth floor space 10 of 10 feet depth H2-03 and 10 or 20 feet width H2-02.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified form of rectangular trade show booth floor space 10 [having 10 feet depth H2-03 and 10 or 20 feet width H2-02] in the trade show booth 10 of HOLUM to meet design requirements since a change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. In re Dailey et al., 149 USPQ47.
Regarding claim 11, HOLUM (as applied to claim 10 above) teaches all the limitations of the claim. HOLUM further teaches (see FIG 1 - FIG 2 above) trade show booth 10, wherein at least three 31, 33, 34 of the at least four upright rectangular side wall panels 31, 32, 33, 34 are separable from the display H1-05 base H1-06 while remaining hinged (page 7, para. [0030], lines 4-10, “... hinged...”), the display H1-05 being transformable from the crate configuration (FIG. 2) to the display configuration (FIG. 1) by separating the at least three 31, 33, 34 of the at least four upright rectangular side wall panels 31, 32, 33, 34 from the base H1-06 and unfolding the at least four upright rectangular side wall panels 31, 32, 33, 34 from a closed rectangular shape (FIG. 2) when viewed from above to an expanded side wall (FIG. 2).
Regarding claim 12, HOLUM (as applied to claim 10 above) teaches all the limitations of the claim. HOLUM further teaches (see FIG 1 - FIG 2 above) trade show display H1-05, wherein the at least four upright rectangular side wall panels 31, 32, 33, 34 comprising a rear side wall panel 32, right side wall panel 33, a left side wall panel 31, and a front side wall panels 34.
HOLUM fails to teach a pair of front side wall panels 34.
However, it would have been obvious to one of ordinary skill in the art at the time the invention was made to have modified front side wall panels 34 in the trade show display H1-05 of HOLUM to comprise a pair of front side wall panels 34 to meet design requirements. Moreover, duplication of parts has no patentable significance unless a new and unexpected result is produced. In reHarza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960).
Regarding claim 14, HOLUM (as applied to claim 12 above) teaches all the limitations of the claim. HOLUM further teaches (see FIG 1 - FIG 2 above) trade show booth 10, wherein the rear panel 32 is not separable from the base H1-06 without tools, and wherein the right side wall panel 33, a left side wall panel 31, and a pair of front side wall panels 34 are separable from the base H1-06 while remaining hinged (page 7, para. [0030], lines 4-10, “... hinged...”).
Regarding claim 15, HOLUM (as applied to claim 12 above) teaches all the limitations of the claim. HOLUM further teaches (see FIG 1 - FIG 2 above) trade show booth 10, wherein each side wall panel 31, 32, 33, 34 comprises a side wall panel framework H1-10 comprising a plurality of metal tubes H2-06.
Regarding claim 16, HOLUM (as applied to claim 12 above) teaches all the limitations of the claim. HOLUM further teaches (see FIG 1 - FIG 2 above) trade show booth 10, wherein the rear panel 32 is hinged (page 7, para. [0030], lines 4-10, “... hinged...”) to two adjacent panels 31, 33, the two adjacent panels 31, 33 positioned at the left side H1-04 and the right side H1-08 of the base H1-06.
Regarding claim 17, HOLUM (as applied to claim 12 above) teaches all the limitations of the claim. HOLUM further teaches (see FIG 1 - FIG 2 above) trade show booth 10, wherein the at least four upright rectangular side wall panels 31, 32, 33, 34 serially hingedly (page 7, para. [0030], lines 4-10, “... hinged...”) together are positioned on the top side H1-09 of the base H1-06 when the display H1-05 is in the crate configuration (FIG. 2).
Regarding claim 18, HOLUM (as applied to claim 10 above) teaches all the limitations of the claim. HOLUM further teaches (see FIG 1 - FIG 2 above) trade show booth 10, wherein each of the at least four upright rectangular side wall panels 31, 32, 33, 34 serially hingedly (page 7, para. [0030], lines 4-10, “... hinged...”) together have a display side H1-07 with a display surface having a graphical image 17 thereon.
Regarding claim 19, HOLUM (as applied to claim 10 above) teaches all the limitations of the claim. HOLUM further teaches (see FIG 1 - FIG 2 above) trade show booth 10, wherein each of the at least four upright rectangular side wall panels 31, 32, 33, 34 serially hingedly (page 7, para. [0030], lines 4-10, “... hinged...”) together have a shipping side (FIG. 2) opposite the display side H1-07 with a polyurethane panel 15 (page 8, para. [0032], “… protect …”) on each of the shipping sides (FIG. 2).
HOLUM fails to teach shipping side (FIG. 2) with a wood or wood product surface on each of the shipping sides (FIG. 2).
However, it would have been obvious to one of ordinary skill in the art at the time the invention was made to have modified each of the at least four a polyurethane panel 15 in the shipping side (FIG. 2) of HOLUM to a wood or wood product surface since these are regarded as mechanical equivalents intended for protection purposes. MPEP 2144.06 Art Recognized Equivalence for the Same Purpose [R-01.2024]
Regarding claim 20, HOLUM teaches (see FIG 1 - FIG 2 above) a trade show booth 10 comprising a tradeshow space H1-01 and a trade show display H1-05 thereon,
the tradeshow space H1-01 comprising a tradeshow floor surface 21 rectangular in shape and having a rear boundary H1-02, a pair of side boundaries H1-04, H1-08 and a front boundary H1-03,
the trade show display H1-05 having a stowed crate configuration (FIG. 2) and an expanded display configuration (FIG. 1) comprising:
a base H1-06 having a rectangular footprint (FIG. 1), a top side H1-09 with a top side periphery, a bottom side, a a front side H1-03, a rear side H1-02, a left side H1-04, and a right side H1-08, the base H1-06 configured for receiving a fork of a transport vehicle (page 1, ABSTRACT, lines 2-4) such as a fork lift (page 1, ABSTRACT, lines 2-4) on the front side H1-03;
a rear side H1-02 wall 32 having an upright rectangular shape when viewed from the rear, the rear side H1-02 wall 32 attached to the top side H1-09 of the base H1-06 at the rear side H1-02 at least when the crate is in the stowed crate configuration (FIG. 2), the rear side H1-02 wall 32 having an exterior side with an exposed transport surface 15 and an interior display side H1-07 with a rear graphic 17 display H1-05 panel;
a right side H1-08 wall 33 hinged (page 7, para. [0030], lines 4-10, “... hinged...”) to a right side H1-08 of the rear side H1-02 wall 32, the right side H1-08 wall 33 attached to the top side H1-09 of the base H1-06 at the right side H1-08 when the crate is in the stowed configuration (FIG. 2) defining a right angle with the rear side H1-02 wall 32, the right side H1-08 wall 33 having an exterior side with an exposed transport surface 15 and an interior display side H1-07 with a right side H1-08 graphic 17 display H1-05 panel, the right side H1-08 wall 33 rotatable outwardly from the base H1-06 about a hinge between the right side H1-08 wall 33 wall and the rear side H1-02 wall 32 to define an angle greater than 90 degrees with respect to the rear side H1-02 wall 32 when the display H1-05 is converted from the transport mode (FIG. 2) to the display mode (FIG. 1); and
a left side H1-04 wall 31 hinged (page 7, para. [0030], lines 4-10, “... hinged...”) to a left side H1-04 of the rear side H1-02 wall 32, the left side H1-04 wall 31 attached to the top side H1-09 of the base H1-06 at the left side H1-04 when the crate is in the stowed configuration (FIG. 2) defining a right angle with the rear side H1-02 wall 32, the left side H1-04 wall 31 having an exterior side with an exposed transport surface 15 and an interior display side H1-07 with a left side H1-04 graphic 17 display H1-05 panel, the left side H1-04 wall 31 rotatable outwardly from the base H1-06 about a hinge between the left side H1-04 wall 31 and the rear side H1-02 wall 32 to define an angle greater than 90 degrees with respect to the rear side H1-02 wall 32 when the display H1-05 is converted from the transport mode (FIG. 2) to the display mode (FIG. 1);
a right front side H1-03 wall 34 hinged (page 7, para. [0030], lines 4-10, “... hinged...”) to the right side H1-08 wall 33, the right front side H1-03 wall 34 wall removably attached to the top side H1-09 of the base H1-06 at the right front side H1-03 when the crate is in the stowed crate configuration (FIG. 2) and defining a right angle with the right side H1-08 wall 33, the right front side H1-03 wall 34 having an exterior side with an exposed transport surface 15 and an interior display side H1-07 with a right front graphic 17 display H1-05 panel, the right front side H1-03 wall 34 separable from the base H1-06 to swing outwardly and rearwardly from the base H1-06 with and while hingedly (page 7, para. [0030], lines 4-10, “... hinged...”) attached to the right side H1-08 wall 33 when the display H1-05 is converted from the transport mode (FIG. 2) to the display mode (FIG. 1).
wherein each of the rear side H1-02 wall 32, left side H1-04 wall 31, right side H1-08 wall 33, front side H1-03 wall 34 are parallelepiped in shape.
HOLUM fails to teach (see FIG 1 - FIG 2 above) a left front side H1-03 wall hinged (page 7, para. [0030], lines 4-10, “... hinged...”) to the left side H1-04 wall 31, the left front side H1-03 wall removably attached to the top side H1-09 of the base H1-06 at the left front side H1-03 when the crate is in the stowed configuration (FIG. 2) and defining a right angle with the left side H1-04 wall 31, the left front side H1-03 wall having an exterior side with an exposed transport surface 15 and an interior display side H1-07 with a left front graphic 17 display H1-05 panel, the left front side H1-03 wall separable form the base H1-06 to swing outwardly and rearwardly from the base H1-06 with and while hingedly (page 7, para. [0030], lines 4-10, “... hinged...”) attached to the left side H1-04 wall 31 when the display H1-05 is converted from the transport mode (FIG. 2) to the display mode (FIG. 1).
HOLUM fails to teach front side H1-03 wall 34 comprise a left front side H1-03 wall 34, right front H1-03 side wall 34.
However, it would have been obvious to one of ordinary skill in the art at the time the invention was made to have modified front side H1-03 wall 34 in the trade show display H1-05 of HOLUM to comprise a left front side H1-03 wall 34 / right front H1-03 side wall 34 to meet design requirements since duplication of parts has no patentable significance unless a new and unexpected result is produced. In reHarza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960).
Moreover, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have the modified relative placement of left front side H1-03 wall 34 / right front H1-03 side wall 34 in the trade show display H1-05 of HOLUM to be hinged to left side H1-04 wall 31 / right side H1-08 wall 33 respectively since rearrangement of parts is held as an obvious matter of design choice. In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975).
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over HOLUM, in view of Eichelberger (U. S. Patent US847171A) hereinafter EICHELBERGER.
Regarding claim 13, HOLUM (as applied to claim 12 above) teaches all the limitations of the claim. HOLUM fails to teach (see FIG 1 - FIG 2 above) trade show booth 10, wherein the display E1-02 further comprises a lid 2 traversing top edges respectively of the left 6, right 6, rear 1, front 11 side wall panels 1, 6, 6, 11 of the display E1-02 when in the crate configuration (Fig. 2) for securement purposes.
However, EICHELBERGER teaches (see Fig. 1 - Fig. 2 below) a trunk E1-01, wherein the display E1-02 further comprises a lid 2 traversing top edges E1-02 respectively of the left 6, right 6, rear 1, front 11 side wall panels 1, 6, 6, 11 of the display E1-02 when in the crate configuration (Fig. 2) for securement purposes.
EICHELBERGER fails to teach a front right 11, and front left 11 side wall panels 1, 6, 6, 11.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified display E1-02 in the trade show booth 10 of HOLUM with display E1-02 as taught in the trunk E1-01 of EICHELBERGER for securement purposes.
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Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Danko (U. S. Patent Application Publication US20180258965A1): Teaches a “structure” with similar characteristics as the claimed invention.
Patty (U. S. Patent US7669718B1): Teaches a “fixture” with similar characteristics as the claimed invention.
Cavanaugh (U. S. Patent US5664799A): Teaches an “module” with similar characteristics as the claimed invention.
Contact
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARCOS JAVIER RODRIGUEZ MOLINA whose telephone number is (571) 272-8947. The examiner can normally be reached M-F: 7:30 AM to 5:30 PM.
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, ANTHONY D. STASHICK can be reached on (571) 272-4561. 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.
/M.J.R.M./
/Anthony D Stashick/Supervisory Patent Examiner, Art Unit 3735