DETAILED ACTION
This is a final Office action in response to the amendment filed 11/13/2025.
Status of Claims
Claims 1-11, 13-17, and 67-78 are pending;
Claims 1-11 and 13-17 are currently amended; claims 12 and 18-66 have been cancelled; claims 67-78 are new;
Claims 1-11, 13-17, and 67-78 are rejected herein.
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 .
Response to Arguments
Applicant's arguments with respect to the prior art rejections have been fully considered but are moot in view of the new grounds of rejection set forth below in the current Office action. Note that the new grounds of rejection are necessitated by Applicant's amendments to the claims.
Claim Objections
Claims 1, 3, 15, and 16 are objected to because of the following informalities:
Claim 1, line 14, "the branching slots of the plurality of branching slots" appears to be awkwardly worded.
Claim 1, line 18, "a plurality of load pins comprising the load pin" appears to be awkwardly worded.
Claim 3, lines 14-19, the limitations are awkwardly worded.
Claim 15, line 5, "engage" appears to be --engages--.
Claim 16, line 2, "comprise" appears to be --comprises--.
Appropriate correction is required.
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 1-11, 13-17, and 67-78 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.
Claims 1-11, 13-17, and 67-78 are replete with indefinite limitations. As such, the indefinite limitations identified and discussed below are merely exemplary and are not exhaustive. It is requested that Applicant proofread claims 1-11, 13-17, and 67-78 and amend wherever applicable.
Regarding claim 1, the limitations "wherein one of the branching slots of the plurality of branching slots comprises an extension portion extending away from the one of the branching slots" in lines 14 and 15 are indefinite. As best understood, the "extension portion" appears to refer to the pin removal branch slot (158). It is not clear as to how one of the branching slots (156) can possibly the pin removal branch slot (158). As best understood, the pin removal branch slot (168) merely extends away from one of the branching slots (166). Appropriate correction is required.
Regarding claim 1, the limitation "the load pin" in line 18 is indefinite. Based on the limitations in lines 9-17, claim 1 appears to recite a plurality of load pins, even before the recitation "a plurality of load pins" in line 18. As such, it is not clear as to which one of the load pins the limitation "the load pin" in line 18 refers to. Appropriate correction is required.
Regarding claim 1, the limitation "the bracket" in line 20 is indefinite. It is not clear as to whether it refers to the "first bracket" in line 7 or the "second bracket" in line 8. Appropriate correction is required.
Regarding claim 1, the limitation "one branching slot" in lines 20 and 21 is indefinite. It is not clear as to whether or not the "one branching slot" in lines 20 and 21 is one of the "plurality of branching slots" in line 12. Appropriate correction is required.
Regarding claim 1, the limitation "another branching slot" in line 21 is indefinite. It is not clear as to whether or not the "another branching slot" in line 21 is one of the "plurality of branching slots" in line 12. Appropriate correction is required.
Regarding claim 2, the limitations "the first bracket and the second bracket comprise, on at least one a left side and a right side of the shelf unit, a front bracket and a rear bracket" in lines 2 and 3 are indefinite. It is not clear as to what "on a left side and a right side of the shelf unit" means in the instant case. Which bracket is on the left side of the shelf unit and which bracket is on the right side of the shelf unit? Appropriate correction is required.
Regarding claim 3, the limitations "the first bracket comprises a pair of front brackets" in line 3 are indefinite because they do not make any logical sense in the instant case. As best understood, each of the brackets (126) is a single bracket, which does not comprise a pair of front brackets. Appropriate correction is required.
Regarding claim 3, the limitations "the second bracket comprises a pair of rear brackets" in line 6 are indefinite because they do not make any logical sense in the instant case. As best understood, each of the brackets (126) is a single bracket, which does not comprise a pair of rear brackets. Appropriate correction is required.
Regarding claim 9, the limitations "the first and second brackets are engaged in a first one of the annular grooves of the load pin" in lines 5 and 6 are indefinite. As best understood, only one of the first and second brackets is engaged with one load pin. It is not clear as to how two brackets, i.e., "the first and second brackets" as claimed, are engaged with the load pin. Appropriate correction is required.
Regarding claim 10, the limitation "the set of keyholes" in lines 14 and 15 are indefinite. Based on the limitations in lines 11 and 12, each post defines a set of keyholes. As such, it is not clear as to whose set of keyholes, i.e., the set of keyholes of which post, the limitation "the set of keyholes" in lines 14 and 15 refers to. Appropriate correction is required.
Regarding claim 10, the limitation "the plurality of branching slots" in lines 15 and 16 are indefinite. Based on the limitations in lines 4-8, the opening of each shelf unit bracket has a plurality of branching slots. As such, it is not clear as to whose branching slots, i.e., the branching slots of the opening of which shelf unit bracket, the limitation "the plurality of branching slots" in lines 15 and 16 refers to. Appropriate correction is required.
Regarding claim 68, the limitation "the extension portion" in line 68 is indefinite. It is not clear as to whether it refers to the "extension portion" in claim 1 (line 15) or the "second extension portion" in line 67 (line 1). Appropriate correction is required.
Regarding claim 69, the limitations "wherein the second extension portion is a bottommost branching slot of the plurality of branching slots" in lines 1 and 2 are indefinite. As best understood, the "second extension portion" appears to be a pin removal branching slot (158). It is not clear as to how it can be one of the branching slots (156). Appropriate correction is required.
Claims 4-8, 11-17, 67, and 70-78 are rejected, at least, as being dependent from a rejected claim.
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.
Claims 1-3, 5-11, 13-17, 67-71, 73, 77, and 78, as best understood, are rejected under 35 U.S.C. 103 as being unpatentable over Dowdall (US 3,115,254) in view of Shaw et al. (US 6,332,547 B1), hereinafter Shaw, and Danzyger et al. (US 5,895,020), hereinafter Danzyger.
Regarding claim 1, Dowdall discloses a shelving system (see Figure 2), comprising: a support structure (1, 2, fig 2) comprising a left assembly (1, fig 2) and a right assembly (2, fig 2); a shelf unit (5, 23, figs 1 & 2) mounted to the support structure between the left assembly and the right assembly (see Figure 2), the shelf unit comprising: a shelf platform (23, fig 2); and a first bracket (10, fig 1) coupling the shelf platform to the left assembly (see Figure 2) and a second bracket (10, fig 1) coupling the shelf platform to the right assembly (see Figure 2), each of the first bracket and the second bracket comprising a body (101, 131, fig 1, see annotation, the main body of each of the brackets 10, 13) and defining an opening (11, 12, 18, 19, fig 1) having: a main slot (11, 18, fig 1); and a plurality of load pins (21, fig 2), each load pin of the plurality of load pins coupled between one of the brackets and the support structure such that the bracket is moveable to adjust a position of the shelf unit relative to the support structure by the support structure (see Figure 1, the bracket 13 is capable of performing the above intended use).
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[AltContent: connector][AltContent: textbox (101 – Body)][AltContent: connector]
[AltContent: textbox (131 – Body)]
Dowdall does not disclose the shelving system, (1) wherein the left assembly is a left post assembly; wherein the right assembly is a right post assembly; (2) wherein the opening defined by each of the first bracket and the second bracket has: a plurality of branching slots adjoining and extending away from the main slot; wherein one of the branching slots of the plurality of branching slots comprises an extension portion extending away from the one of the branching slots, the extension portion comprising an opening that is greater than a width of the one of the branching slots and configured to permit a head of a load pin to pass therethrough; such that the bracket is moveable to shift the plurality of load pins from one branching slot to another branching slot to adjust a position of the shelf unit relative to the support structure.
With respect to the missing limitations (1) above, Shaw teaches a shelving system (10, fig 1), comprising: a support structure (18, 20, 22, 24, fig 1) having a left post assembly (20, 22, fig 1) and a right post assembly (18, 24, fig 1); one or more shelf units (12, fig 1) configured to couple on the support structure (see Figure 1), at least one of the shelf units comprising two or more brackets (36, fig 3); and a plurality of load pins (39, fig 1), each of at least one of plurality of load pins being coupled between one of the two or more brackets and the support structure (see Figures 1-3); wherein: the support structure comprises: a pair of front posts (22, 24, fig 1); and a pair of rear posts (18, 20, fig 1); the plurality of load pins comprises a load pin (39, fig 1) coupled in at least one of the slots of at least one of the brackets, and at least one of the brackets is moveable on at least one of the load pins to change a height or inclination of the shelf unit (see Figures 1-3, the bracket 36 has the configuration to perform the above intended use).
Dowdall and Shaw are analogous art because they are at least from the same field of endeavor, i.e., supports. Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to use the shelf unit (Dowdall: 5, 23, figs 1 & 2) with the support structure (Shaw: 18, 20, 22, 24, fig 1) via the load pins (Shaw: 39, fig 1), such that the support structure comprises a left post assembly (Shaw: 20, 22, fig 1) and a right post assembly (Shaw: 18, 24, fig 1) including a pair of front posts (Shaw: 22, 24, fig 1) and a pair of rear posts (Shaw: 18, 20, fig 1), each of the pair of front brackets (Dowdall: 13, fig 1) is configured to couple with a corresponding one of the front posts (Shaw: see Figure 1; Dowdall: see Figure 1), each of the pair of rear brackets (Dowdall: 10, fig 1) is configured to couple with a corresponding one of the rear posts (Shaw: see Figure 1; Dowdall: see Figure 1), the plurality of load pins comprises a load pin (Shaw: 39, fig 1) coupled in at least one of the slots of at least one of the brackets (Shaw: see Figure 1; Dowdall: see Figure 1), and at least one of the brackets is moveable on at least one of the load pins from one branch slot to another branch slot to change a height or inclination of the shelf unit (Shaw: see Figure 1; Danzyger: see Figure 7; Dowdall: see Figure 1), as taught by Shaw, with a reasonable expectation of success. The motivation would have been to increase the utilities and applications of the shelf unit of Dowdall.
With respect to the missing limitations (2) above, Danzyger teaches a shelving system (205, fig 7), comprising: two or more brackets (50, 60, 70, 80, fig 7) each comprising: a body (B1, fig 7, see annotation, the body of the bracket 50, similar construction for the brackets 60, 70, 80) and defining an opening (252, 263, 264, 265, 276, 277, 278, fig 7) having: a main slot (252, fig 7, also see annotation below); a plurality of branching slots (263, 264, 265, fig 7, also see annotation below) adjoining and extending away from the main slot (see Figure 7), wherein one of the branching slots of the plurality of branching slots comprises an extension portion (295, fig 7, see annotation below) extending away from the one of the branching slots, the extension portion comprising an opening (297, fig 7, see annotation below) that is greater than a width of the one of the branching slots and configured to permit a head of a load pin (16 or 18, fig 7) to pass therethrough; such that the bracket is moveable to shift the plurality of load pins from one branching slot to another branching slot to adjust a position of the shelf unit relative to the support structure (see Figure 7, the bracket 70 or 80 is capable of performing the above intended use).
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[AltContent: textbox (B1 – Body)]
[AltContent: textbox (295 – Extension Portion /
Load Pin Removal Branch)][AltContent: connector][AltContent: connector][AltContent: connector]
[AltContent: textbox (297 – Opening)]
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[AltContent: textbox (Extension Portion / Opening / Load Pin Removal Branch)]
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[AltContent: connector][AltContent: textbox (Branching Slot)]
[AltContent: textbox (Branching Slot)][AltContent: rect]
[AltContent: connector][AltContent: textbox (Main Slot)][AltContent: connector][AltContent: rect]
[AltContent: connector][AltContent: connector][AltContent: textbox (Branching Slot)][AltContent: rect]
[AltContent: textbox (Second Extension Portion)]
Danzyger is analogous art because it is at least from the same field of endeavor, i.e., supports. Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to form each of the first and second brackets (Dowdall: 10, 13, fig 1) with a body (Danzyger: B1, fig 7, see annotation) and an opening (Danzyger: 252, 263, 264, 265, 276, 277, 278, fig 7) having a main slot (Dowdall: 252, fig 7, also see annotation above) and a plurality of branching slots (Danzyger: 263, 264, 265, fig 7, also see annotation above) adjoining and extending away from the main slot (Danzyger: see Figure 7), wherein one of the branching slots of the plurality of branching slots comprises an extension portion (Danzyger: 295, fig 7, see annotation above) extending away from the one of the branching slots, the extension portion comprising an opening (Danzyger: 297, fig 7, see annotation above) that is greater than a width of the one of the branching slots and configured to permit a head of a load pin (Dowdall: 21, fig 2) to pass therethrough; such that the bracket is moveable to shift the plurality of load pins from one branching slot to another branching slot to adjust a position of the shelf unit (Dowdall: 5, 23, figs 1 & 2) relative to the support structure (Danzyger: see Figure 7, the bracket 70 or 80 is capable of performing the above intended use), as taught by Danzyger, with a reasonable expectation of success. The motivation would have been to provide a greater diverse range of positions available for the shelf unit of Dowdall for enhanced adjustability. Therefore, it would have been obvious to combine Dowdall, Shaw, and Danzyger to obtain the invention as specified in claim 1.
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[AltContent: textbox (Illustration of Locations for Proposed Modification)]
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[AltContent: textbox (Danzyger)][AltContent: textbox (Dowdall)]
Regarding claim 2, wherein: the first bracket and the second bracket comprise, on a left side and a right side of the shelf unit, a front bracket (Dowdall: 13, fig 1) and a rear bracket (Dowdall: 10, fig 1).
Regarding claim 3, wherein: the first bracket comprises a pair of front brackets (Dowdall: 13, fig 1); the second bracket comprises a pair of rear brackets (Dowdall: 10, fig 1); and the support structure comprises: the left post assembly comprises a pair of posts (Shaw: 20, 22, fig 1) comprising a front post (Shaw: 22, fig 1) and a rear post (Shaw: 20, fig 1); the right post assembly comprises another pair of posts (Shaw: 18, 24, fig 1) comprising a front post (Shaw: 24, fig 1) and a rear post (Shaw: 18, fig 1); one of the pair of front brackets coupled with one of the front posts of the left post assembly and the right post assembly (Shaw: see Figure 1), one of the pair of rear brackets coupled with one of the rear post of the left post assembly and the right post assembly (Shaw: see Figure 1), and the first and second brackets are moveable on the plurality of load pins from one branching slot to another branching slot to change a height or inclination of the shelf unit (Danzyger: see Figure 7; Dowdall: see Figure 1; the bracket 13 of Dowdall, as modified, is capable of performing the above intended use).
Regarding claim 5, wherein the first and second brackets are moveable on the plurality of load pins from one branching slot to another branch slot to change an inclination of the shelf unit (Danzyger: see Figure 7; Dowdall: see Figure 1; the brackets 10, 13 of Dowdall, as modified, are capable of performing the above intended use).
Regarding claim 6, wherein the brackets are moveable on the plurality of load pins from one branching slot to another branching slot to change a height of the shelf unit (Danzyger: see Figure 7; Dowdall: see Figure 1; the brackets 10, 13 of Dowdall, as modified, are capable of performing the above intended use).
Regarding claim 7, wherein the opening is configured to allow passage of the load pin through the opening such that the load pin is separable from the first bracket or the second bracket (Danzyger: see Figure 7, the opening 297 has the configuration to perform the above intended use).
Regarding claim 8, wherein the plurality of branching slots comprises three or more branching slots (Danzyger: 263, 264, 265, fig 7, also see annotation above).
Regarding claim 9, wherein: each load pin of the plurality of load pins comprises a body (Shaw: 39, fig 2) and defines two annular grooves (Shaw: 391, fig 2, see annotation, the two spaced apart grooves) spaced along the body (Shaw: see Figures 1 and 2), and the first and second brackets are engaged in a first one of the annular grooves of the load pin (Dowdall: see Figure 1; Danzyger: see Figure 7; Shaw: see Figure 2) and the support structure engaged in a second one of the annular grooves of the load pin (Dowdall: see Figure 1; Danzyger: see Figure 7; Shaw: see Figure 2).
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[AltContent: textbox (392 – Center Hub)][AltContent: connector][AltContent: textbox (39b – Second Enlarged Portion)]
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[AltContent: textbox (393 – End Portion)][AltContent: connector]
[AltContent: textbox (391 – Annular Grooves)][AltContent: connector][AltContent: connector]
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[AltContent: textbox (393 – End Portion)]
Regarding claim 10, Dowdall, as modified by Danzyger and Shaw (see above discussions with respect to claim 1), teaches a system (Dowdall: see Figure 1) for supporting a shelf unit in a display case (Dowdall: see Figure 1; Shaw: see Figure 1), comprising: a plurality of shelf unit brackets (Dowdall: 10, 13, fig 1) configured to couple to a shelf unit platform (Dowdall: 23, fig 2) of the shelf unit (Dowdall: 5, 23, figs 1 & 2), each shelf unit bracket of the plurality of shelf unit brackets comprising a body (Danzyger: B1, fig 7, see annotation) and defining an opening (Danzyger: 252, 263, 264, 265, 276, 277, 278, fig 7) having: a main slot (Danzyger: 252, fig 7, also see annotation above); a plurality of branching slots (Danzyger: 263, 264, 265, also see annotation above) adjoining the main slot (Danzyger: see Figure 7); and a load pin removable branch (Danzyger: 295, fig 7, also see annotation above) directly adjoining one branching slot of the plurality of branching slots (Danzyger: see Figures 7 and 8); a plurality of posts (Shaw: 18, 20, 22, 24, fig 1), each post of the plurality of posts defining a set of keyholes (Shaw: 38, fig 1) vertically spaced from one another (Shaw: see Figure 1); and a plurality of load pins (Shaw: 39, fig 1) coupled between the plurality of shelf unit brackets and the plurality of posts (Dowdall: see Figure 1; Danzyger: see Figure 7; Shaw: see Figure 2), the plurality of load pins configured to engage in the set of keyholes and engage in the plurality of branching slots to at least partially support the plurality of shelf unit brackets on the plurality of posts (Dowdall: see Figure 1; Danzyger: see Figure 7; Shaw: see Figure 2, the load pin 39 of Shaw has the configuration to perform the above intended use).
Regarding claim 11, wherein the plurality of branching slots comprises three or more branching slots (Danzyger: 263, 264, 265, fig 7, also see annotation above) adjoining the main slot (Danzyger: see Figure 7).
Regarding claim 13, wherein each keyhole of the set of keyholes is teardrop shaped (Shaw: see Figure 1).
Regarding claim 14, wherein: each keyhole of the set of keyholes defines a locking section (Shaw: 38b, fig 2), and the load pin is configured to lock in the locking section (Shaw: see Figure 2).
Regarding claim 15, wherein: the load pins are coupled between the brackets and the plurality of posts, each load pin comprising a body (Shaw: 39, fig 2) and defining two annular grooves (Shaw: 391, fig 2, see annotation, the two spaced apart grooves) spaced along the body (Shaw: see Figure 2), and each of the shelf unit brackets engage in a first one of the annular grooves of the load pin (Dowdall: see Figure 1; Danzyger: see Figure 7; Shaw: see Figure 2) and the corresponding posts engage in a second one of the annular grooves of the load pin (Dowdall: see Figure 1; Danzyger: see Figure 7; Shaw: see Figure 2).
Regarding claim 16, wherein: each of the load pins comprises a shank (Shaw: see Figure 2, the inner shank of the body 39 defined by the annular grooves 391 that couples to the narrow channel 38b), a first enlarged portion (Shaw: 39a, fig 2), and a second enlarged portion (Shaw: 39b, fig 2, see annotation, the enlarged portion opposing the enlarged portion 39a), and the shank is configured to engage in the opening in the shelf unit bracket and in the keyholes of the post between the first enlarged portion and the second enlarged portion (Dowdall: see Figure 1; Danzyger: see Figure 7; Shaw: see Figure 2).
Regarding claim 17, wherein the shelf unit bracket is moveable on the load pin to shift the load pin from one branching slot of the plurality of branching slots to another branching slot of the plurality of branching slots to adjust a position of the shelf unit (Dowdall: see Figure 1; Danzyger: see Figure 7; Shaw: see Figure 2, the shelf unit bracket 13 of Dowdall, as modified, is capable of performing the above intended use).
Regarding claim 67, further comprising a second extension portion (Danzyger: 278, fig 7, also see annotation above) directly adjoining a second branching slot (Danzyger: 265, fig 7, also see annotation above) of the plurality of branching slots.
Regarding claim 68, wherein the extension portion is directly coupled to an uppermost branching slot (Danzyger: 263, fig 7, also see annotation above) of the plurality of branching slots (Danzyger: see Figures 7 and 8).
Regarding claim 69, wherein the second extension portion is a bottommost branching slot of the plurality of branching slots (Danzyger: see Figures 7 and 8).
Regarding claim 70, wherein the main slot, the extension portion, and the second extension portion are vertically oriented (Danzyger: see Figures 7 and 8).
Regarding claim 71, wherein the extension portion and the second extension portion are horizontally offset from the main slot (Danzyger: see Figure 7, the extension portion 295, 297 is at least partially horizontally offset from the main slot).
Regarding claim 73, wherein the opening defines a path on which one load pin of the plurality of load pins is permitted to travel, the path at least partially extending from the main slot through a portion of one branching slots of the plurality of branching slots and into the extension portion (Danzyger: see Figures 7 and 8).
Regarding claim 77, Dowdall, as modified by Danzyger and Shaw (see above discussions with respect to claim 1), teaches the shelving system, wherein each load pin of the plurality of load pins comprise: a center hub (Shaw: 392, fig 2, see annotation, the center hub); a pair of shank portions (Shaw: see Figure 2 above, the two spaced apart shank portions at the two spaced apart grooves 391) coupled to the center hub (Shaw: see Figure 2), the pair of shank portions extending in opposite directions from the center hub (Shaw: see Figure 2); and a pair of end portions (Shaw: 393, fig 2, see annotation, the two end portions), one end portion of the pair of end portions coupled to one shank portion of the pair of shank portions opposite the center hub (Shaw: see Figure 2).
Dowdall, as modified by Danzyger and Shaw (see above discussions with respect to claim 1), does not teach the shelving system, wherein an outer diameter of the pair of end portions is less than an outer diameter of the center hub, wherein a width of the center hub is less than a width of each end portion of the pair of end portions.
Before the effective filing date of the claimed invention, it would have been an obvious matter of design choice to one of ordinary skill in the art to form an outer diameter of the pair of end portions (Shaw: 393, fig 2, see annotation) to be less than an outer diameter of the center hub (Shaw: 391, fig 2, see annotation) and form a width of the center hub to be less than a width of each end portion of the pair of end portions, with a reasonable expectation of success, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955). The motivation would have been to prevent the load pin from rolling on the table or the like before assembly while allowing small spacing between the brackets and the support. Therefore, it would have been obvious to modify the combination of Dowdall, Danzyger, and Shaw to obtain the invention as specified in claim 77.
Regarding claim 78, wherein the pair of end portions each comprise a circular cross-section (Shaw: see Figure 2).
Claim 4, as best understood, is rejected under 35 U.S.C. 103 as being unpatentable over Dowdall (US 3,115,254) in view of Shaw et al. (US 6,332,547 B1), hereinafter Shaw, and Danzyger et al. (US 5,895,020), hereinafter Danzyger, hereinafter Shaw, or in the alternative, is rejected under 35 U.S.C. 103 as being unpatentable over Dowdall in view of Shaw, Danzyger, and Brady et al. (US 5,797,502).
Regarding claim 4, Dowdall, as modified by Shaw and Danzyger (see above discussions with respect to claims 1 and 3), teaches the shelving system, further comprising one or more stabilizer devices (Shaw: see Figure 1, the cross brace between the front post 22 and the rear post 20) coupled between one of the front posts and one of the rear posts (Shaw: see Figure 1).
Assuming Applicant argues that Dowdall, as modified by Shaw and Danzyger (see above discussions with respect to claim 1), fails to teach one or more stabilizer devices coupled between one of the front posts and one of the rear posts, Brady teaches a shelving system (10, fig 1), comprising: a support structure (12, 14, fig 1), wherein the support structure comprises: front posts (12, fig 1, the two front posts 12), rear posts (12, fig 1, the two rear posts 12), and one or more stabilizer devices (14, fig 1) coupled between one of the front posts and one of the rear posts (see Figure 1).
Brady is analogous art because it is at least from the same field of endeavor, i.e., supports. Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to provide the support structure (Shaw: 18, 20, 22, 24, fig 1) with one or more stabilizer devices (Brady: 14, fig 1) coupled between one of the front posts (Shaw: 22, 24, fig 1) and one of the rear posts (Shaw: 18, 20, fig 1), as taught by Brady, with a reasonable expectation of success. The motivation would have been to enhance the integrity of the support structure for enhanced support of the shelf unit. Therefore, it would have been obvious to combine Dowdall, Shaw, Danzyger, and Brady to obtain the invention as specified in claim 4.
Allowable Subject Matter
Claims 72 and 74-76 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
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 Guang H Guan whose telephone number is (571) 272-7828. The examiner can normally be reached weekdays (10:00 AM - 6:00 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, 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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/G. H. G./Examiner, Art Unit 3631
/JONATHAN LIU/Supervisory Patent Examiner, Art Unit 3631