This is a Non-Final office action for serial number 18504906.
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 § 102
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.
(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) 1-3, 5, 6, 10, and 16 is/are rejected under 35 U.S.C. 102(a) (1) as being anticipated by Yoder 3,403,751.
Yoder discloses Claims:
1. A load bearing member for a product support structure for a retail merchandise tray comprising: a rail (12a12) extending longitudinally parallel to a first axis between a first end and a second end, the rail having opposed inner and outer sides, the rail including a downward depending abutment (see figure below) that is offset from the second end along the first axis towards the first end, the downward depending abutment facing the second end; a mounting plate (14) permanently attached to the rail proximate the second end, the mounting plate (14) extending along a second axis generally perpendicular to the first axis outward beyond the outer side and inward beyond the inner side of the rail, the mounting plate (14) being spaced apart from the downward depending abutment along the first axis forming a downward opening notch therebetween; and wherein the rail (12a/12) has a second thickness being perpendicular to the first axis and parallel to the second axis, the downward opening notch (see figure) extends the entire second thickness of the rail.
2. The load bearing member of claim 1, wherein: the mounting plate includes a slot (14) formed therein; and a connection portion (26) of the rail extends into the slot.
3. The load bearing member of claim 1, wherein the mounting plate (14) is welded (28) to the rail (12a/12).
4. The load bearing member of claim 2, wherein: the mounting plate (14) defines a front face that faces the first end and a rear face that is opposed to the front face that faces away from the first end; the slot (24) is formed by an aperture that extends entirely through the mounting plate and through the front and rear faces; and the rail (12a/12) is welded to the mounting plate by a weld (28, see column 7, lines 37-47, suggests welding and alternative attachments) formed in at least the rear face of the mounting plate (14).
5. The load bearing member of claim 4, wherein the rail (12a/12) extends no farther rearward than the rear face of the mounting plate (14).
6. The load bearing member of claim 1, wherein the mounting plate (14) has a first thickness measured generally parallel to the first axis that is greater than a second thickness of the rail (12a/12) measured generally parallel to the second axis.
10. The load bearing member of claim 1, wherein the downward depending abutment extends downward (see figure below) farther than the mounting plate (14).
16. The load bearing member of claim 6, wherein the rail (12) has a length measured from the first end to the second end along the first axis, the length being greater than the first thickness and greater than the second thickness.
[AltContent: textbox (First axis)][AltContent: textbox (First end)]
[AltContent: arrow][AltContent: arrow][AltContent: textbox (Second end)][AltContent: arrow]
[AltContent: arrow][AltContent: arrow][AltContent: textbox (Rail (12a/12)
Downwardly depending abutment
Slot (24)
Connection portion (26)
Mounting plate(14))][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow]
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Claim(s) 1-3, 5, and 11-17 is/are rejected under 35 U.S.C. 102(a) (1) as being anticipated by Angier GB2213366A.
Angier discloses claims:
1. A load bearing member for a product support structure for a retail merchandise tray comprising: a rail (12) extending longitudinally parallel to a first axis between a first end and a second end, the rail having opposed inner and outer sides, the rail (12) including a downward depending abutment (see figure below) that is offset from the second end along the first axis towards the first end, the downward depending abutment facing the second end; a mounting plate permanently attached to the rail proximate the second end, the mounting plate (10) extending along a second axis generally perpendicular to the first axis outward beyond the outer side and inward beyond the inner side of the rail, the mounting plate being spaced apart from the downward depending abutment along the first axis forming a downward opening notch (see figure below) therebetween; and wherein the rail has a second thickness being perpendicular to the first axis and parallel to the second axis, the downward opening notch extends the entire second thickness of the rail.
2. The load bearing member of claim 1, wherein: the mounting plate includes a slot (18) formed therein; and a connection portion (20) of the rail extends into the slot.
3. The load bearing member of claim 1, wherein the mounting plate (10) is welded to the rail.
4. The load bearing member of claim 2, wherein: the mounting plate defines a front face that faces the first end and a rear face that is opposed to the front face that faces away from the first end; the slot (18) is formed by an aperture that extends entirely through the mounting plate and through the front and rear faces; and the rail (12) is welded to the mounting plate (10) by a weld.
5. The load bearing member of claim 4, wherein the rail (12) extends no farther rearward than the rear face of the mounting plate.
11.The load bearing member of claim 2, wherein the rail includes a rear facing abutment offset along the first axis from the second end towards the first end, the rear facing abutment faces and abuts a front face of the mounting plate, the front face of the mounting plate facing the first end, the rear facing abutment facing the second end.
12. The load bearing member of claim 11, wherein the rear facing abutment is upward extending.
13. The load bearing member of claim 11, wherein the rear facing abutment (see figure below) is positioned closer to the second end than the downward depending abutment.
14. The load baring member of claim 11, wherein the connection portion of the rail extends from the connection portion (20) towards the second end a shorter distance than a thickness of the mounting plate measured parallel to the first axis.
15. The load bearing member of claim 11, wherein the slot is an aperture formed in the mounting plate, the mounting plate extending around the connection portion of the rail.
16. The load bearing member of claim 6, wherein the rail has a length measured from the first end to the second end along the first axis, the length being greater than the first thickness and greater than the second thickness.
17. The load bearing member of claim 11, wherein the rear facing abutment extends upward above and abuts the mounting plate above the slot in the mounting plate.
[AltContent: arrow][AltContent: textbox (Connection portion 20 welded to slot 18)]
[AltContent: textbox (Downwardly
Opening notch)][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (Rail (10)
Downward abutment)][AltContent: textbox (Slot (18)
Mounting plate (10))]
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[AltContent: textbox (Second end first axis first end )]
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rear face)][AltContent: arrow]
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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.
Claim(s) 4, 7, and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yoder 3,403,751 in view of Rosenbalm 5,878,940.
Yoder discloses all of the limitations of the claimed invention except for
wherein the first thickness is less than 0.25 inches; wherein the second thickness is less than 0.25 inches; and the rail is welded to the mounting plate by a weld formed in at least the rear face of the mounting plate.
Rosenbalm teaches it is known to have claims:
2. The load bearing member of claim 1, wherein: the mounting plate includes a slot (22) formed therein; and a connection portion (tab 20) of the rail extends into the slot (22).
4. wherein: the mounting plate (46/12) defines a front face that faces the first end and a rear face that is opposed to the front face that faces away from the first end; the slot (22) is formed by an aperture that extends entirely through the mounting plate and through the front and rear faces; and the rail (44,16,14) is welded to the mounting plate (46,12) by a weld (23) formed in at least the rear face of the mounting plate (46,12).
7. wherein the mounting plate (46, 12) has the first thickness is less than 0.25 inches (column 2, lines 58-65).
8. wherein the rail (44, 16, 14) has the second thickness is less than 0.25 inches (column 2, lines 58-65).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention with reasonable expectation of success to have modified Yoder to have included wherein the first thickness is less than 0.25 inches and/or wherein the second thickness is less than 0.25 inches; and the rail is welded to the mounting plate by a weld formed in at least the rear face of the mounting plate as taught by Rosenbalm for the purpose of providing a more successful, secure, and stable welding between a mounting plate and a rail.
Claim(s) 4, 7, and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Angier GB2213366A in view of Rosenbalm 5,878,940.
Angier discloses all of the limitations of the claimed invention except for
wherein the first thickness is less than 0.25 inches; wherein the second thickness is less than 0.25 inches; and the rail is welded to the mounting plate by a weld formed in at least the rear face of the mounting plate.
Rosenbalm teaches it is known to have claims:
2. wherein: the mounting plate includes a slot (22) formed therein; and a connection portion (tab 20) of the rail extends into the slot (22).
4. wherein: the mounting plate (46/12) defines a front face that faces the first end and a rear face that is opposed to the front face that faces away from the first end; the slot (22) is formed by an aperture that extends entirely through the mounting plate and through the front and rear faces; and the rail (44,16,14) is welded to the mounting plate (46,12) by a weld (23) formed in at least the rear face of the mounting plate (46,12).
7. wherein the mounting plate (46, 12) has the first thickness is less than 0.25 inches (column 2, lines 58-65).
8. wherein the rail (44, 16, 14) has the second thickness is less than 0.25 inches (column 2, lines 58-65).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention with reasonable expectation of success to have modified Angier to have included wherein the first thickness is less than 0.25 inches and/or wherein the second thickness is less than 0.25 inches; and the rail is welded to the mounting plate by a weld formed in at least the rear face of the mounting plate as taught by Rosenbalm for the purpose of providing a more successful, secure, and stable welding between a mounting plate and a rail.
Claim(s) 6 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over over Angier GB2213366A.
Angier discloses all of the limitations of the claimed invention except for
Claim 6 wherein the mounting plate has a first thickness measured generally parallel to the first axis that is greater than a second thickness of the rail measured generally parallel to the second axis and Claim 9 wherein the first thickness is at least 25% greater than the second thickness.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention with reasonable expectation of success to have modified Angier to have wherein the mounting plate has a first thickness measured generally parallel to the first axis that is greater than a second thickness of the rail measured generally parallel to the second axis; wherein the first thickness is at least 25% greater than the second thickness since a change in shape/thickness is generally recognized as being within the level of ordinary skill in the art since it is old, well known, conventional way to provide additional material to an area results in thickness to a region to provide add strength, stability, and reinforcement to an area as a means to prevent damage, weakness, or failure to an area without producing any unexpected results, destroying the invention, and are a matter of desirability and design parameters which would have been obvious and well within the level of ordinary skill in the art to provide a reasonably predictable result.
Response to Arguments
Applicant’s arguments with respect to the claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIMBERLY T WOOD whose telephone number is (571)272-6826. The examiner can normally be reached M-Thur 9:00am-5:30pm flexible schedule.
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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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/KIMBERLY T WOOD/ Primary Examiner, Art Unit 3631