This is a Final office action for serial number 18/538,528.
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 .
Election/Restrictions
Claims 4-8, 13-17, and 19 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on April 11, 2025.
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) 1-3, 9, 11, 12, and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dambek 1,495,889 in view of Jensen 3,493,202.
Dambek discloses:
(Claim 1) A shelf system comprising: a first bracket (a left bracket Figure 1) and a second bracket (a right bracket of figure 1), each of the first bracket and the second bracket comprising: a main frame (9 and 11) configured to be secured to a surface and positioned generally parallel to the surface; a first support member (1) coupled to a first end of the main frame (upper end of 9), the first support member (1) extending generally perpendicular to the main frame (9 and 11); a second support member (8) coupled to an intermediate portion (middle portion of 9 and 11) of the main frame (9 and 11) and positioned below the first support member (1), the second support member (8) extending generally perpendicular to the main frame; wherein the main frame (9 and 11) comprises a continuous member (since both 9 and 11 are fixedly connected with no separation between 9 and 11 therefore by definition continuous which means not including a break or space between them therefore the main frame is continuous, due to no break or space between the members 9 and 11 due to both 9 and 11 connected to each other) extending from the first support member to the third support member; and a third support member (2) coupled at a first end at or near a second end of the main frame and coupled at a second end to the first support member; wherein when secured to the surface the first bracket (a left bracket Figure 1) and the second bracket (a right bracket of figure 1) are spaced a predetermined distance apart;
(Claim 2) The shelf system of Claim 1, wherein the first support member (1) of each of the first bracket and the second bracket has a length that exceeds a length of the second support member (8) of each of the first bracket and the second bracket;
(Claim 3) The shelf system of Claim 1, wherein the third support member (2) is positioned at an angle relative the surface;
(Claim 21) The shelf system of Claim 1, further comprising a corner support member (7) configured to support the second support member, the corner support member comprising: a first portion (7 upper vertical small bent portion) configured to contact and extend generally parallel to the main frame; and a second portion (7 horizontal portion) extending generally perpendicularly from the first portion and configured to contact the second support member.
[AltContent: textbox (First support (1)
Continuous Main Frame
(9 and 11) since both 9 and 11are connected therefore continuous not including a break or space between them therefore continuous, there is a recess but not an opening between the members)][AltContent: textbox (Third support (2)
Second support (8))][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow]
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Dambek discloses all of the limitations of the claimed invention except for the first shelf, second shelf, and wherein the first shelf is longer than the main frame of each of the first bracket and the second bracket. Jensen teaches that it is known to have the first shelf (33) configured to be disposed at least partially on the first support member (upper 31) of the first bracket (left upper 31, lower support 31, and lowest support 31 including 42 which holds the left side of shelf 33) and at least partially on the first support member (right upper 31) of the second bracket (right upper 31, lower support 31, and lowest support 31 including 42 which holds the right side of shelf 33); and a second shelf (32) configured to be disposed at least partially on the second support member of the second support bracket (support, motivation, and suggested in column 2, line 54 which states platforms or shelves 32 and 33 extending horizontally at right angles to the wall).
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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 Jensen to have included to have a first shelf on the first support member of the first bracket and a second shelf on the second support member of the first bracket and wherein the first shelf is longer than the main frame of each of the first bracket and the second bracket as taught by Jensen since Jensen teaches it is well known to provide a first and second brackets for the purpose of supporting multiple shelves wherein the multiple brackets result in a sturdy supporting device for different sized shelves allowing support for various items increasing the surface area for support of additional items.
Claim(s) 1-3, 9, 11, 12, and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dambek 1,495,889 in view of Setvate 2,588,995.
Dambek discloses
(Claim 1) A shelf system comprising: a first bracket (a left bracket Figure 1) and a second bracket (a right bracket of figure 1), each of the first bracket and the second bracket comprising: a main frame (9 and 11) configured to be secured to a surface and positioned generally parallel to the surface; a first support member (1) coupled to a first end of the main frame (upper end of 9), the first support member (1) extending generally perpendicular to the main frame (9 and 11); a second support member (8) coupled to an intermediate portion (middle portion of 9 and 11) of the main frame (9 and 11) and positioned below the first support member (1), the second support member (8) extending generally perpendicular to the main frame; wherein the main frame (9 and 11) comprises a continuous member (since both 9 and 11 are fixedly connected with no separation between 9 and 11 therefore by definition continuous which means not including a break or space between them therefore the main frame is continuous, due to no break or space between the members 9 and 11 due to both 9 and 11 connected to each other) extending from the first support member to the third support member; and a third support member (2) coupled at a first end at or near a second end of the main frame and coupled at a second end to the first support member; wherein when secured to the surface the first bracket (a left bracket Figure 1) and the second bracket (a right bracket of figure 1) are spaced a predetermined distance apart;
(Claim 2) The shelf system of Claim 1, wherein the first support member (1) of each of the first bracket and the second bracket has a length that exceeds a length of the second support member (8) of each of the first bracket and the second bracket;
(Claim 3) The shelf system of Claim 1, wherein the third support member (2) is positioned at an angle relative the surface;
(Claim 21) The shelf system of Claim 1, further comprising a corner support member (7) configured to support the second support member, the corner support member comprising: a first portion (7 upper vertical small bent portion) configured to contact and extend generally parallel to the main frame; and a second portion (7 horizontal portion) extending generally perpendicularly from the first portion and configured to contact the second support member.
[AltContent: textbox (First support (1)
Continuous Main Frame
(9 and 11) since both 9 and 11are connected therefore continuous not including a break or space between them therefore continuous, there is a recess but not an opening between the members)][AltContent: textbox (Third support (2)
Second support (8))][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow]
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(Claim 9) A shelf system comprising a bracket: a main frame configured to be secured to a surface and positioned generally parallel to the surface; a first support member coupled to a first end of the main frame, the first support member extending generally perpendicular to the main frame; and a second support member coupled at a first end at or near a second end of the main frame and coupled at a second end to the first support member;
(Claim 11) The shelf system of Claim 9, wherein the bracket further comprises a third support member coupled to an intermediate portion of the main frame and positioned below the first support member, the third support member extending generally perpendicular to the main frame,
(Claim 12) The shelf system of Claim 9, wherein the second support member is positioned at an angle relative the surface.
[AltContent: arrow][AltContent: textbox (2nd end of 2nd support coupled to 2nd end of first support
Second support (2)
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Coupled intermediate portion of the main frame
1st end of 2nd support coupled to 2nd end of main frame)]
[AltContent: arrow][AltContent: textbox (First support (1)
1st end of 1st support coupled to 1st end main frame
Main Frame (9,11))][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow]
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Dambek discloses all of the limitations of the claimed invention except for the first shelf, second shelf, and wherein the first shelf is longer than the main frame of each of the first bracket and the second bracket. Setvate teaches that it known to have a (Claims 1 and 9) first shelf (20) configured to be disposed at least partially on the first support member (11) of the first bracket and at least partially on the first support member (11) of the second bracket; and a second shelf (18) configured to be disposed at least partially on the second support member (13) of the first bracket and at least partially on the second support member (13) of the second bracket, the second shelf configured to be removably coupled to the main frame of each of the first bracket and the second bracket, and the first shelf is longer than the main frame of each of the first bracket and the second bracket.
[AltContent: arrow][AltContent: textbox (Main frame (12))][AltContent: arrow][AltContent: textbox (2nd bracket)][AltContent: arrow][AltContent: textbox (1st self longer than main frame)][AltContent: arrow][AltContent: textbox (1st shelf longer that main frame)][AltContent: textbox (1st bracket)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Second shelf)][AltContent: arrow][AltContent: textbox (First shelf)]
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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 Setvate to have included to have a first shelf on the first support member of the first bracket and a second shelf on the second support member of the first bracket and wherein the first shelf is longer than the main frame of each of the first bracket and the second bracket as taught by Jensen since Jensen teaches it is well known to provide a first and second brackets for the purpose of supporting multiple shelves wherein the multiple brackets result in a sturdy supporting device for different sized shelves allowing support for various items increasing the surface area for support of additional items.
Dambek in view of Setvate inherently discloses:
(Claim 18) A method of assembling a shelf system comprising: securing a first bracket to a surface, the first bracket comprising; a main frame configured to be secured to the surface and positioned generally parallel to the surface; a first support member coupled to a first end of the main frame, the first support member extending generally perpendicular to the main frame; a second support member coupled to an intermediate portion of the main frame and positioned below the first support member, the second support member extending generally perpendicular to the main frame; and a third support member coupled at a first end at or near a second end of the main frame and coupled at a second end to the first support member; wherein the main frame comprises a continuous member extending from the first support member to the third support member; securing a second bracket to the surface, the second bracket comprising; a main frame configured to be secured to the surface and positioned generally parallel to the surface; a first support member coupled to a first end of the main frame, the first support member extending generally perpendicular to the main frame: a second support member coupled to an intermediate portion of the main frame and positioned below the first support member, the second support member extending generally perpendicular to the main frame; and a third support member coupled at a first end at or near a second end of the main frame and coupled at a second end to the first support member; wherein the main frame comprises a continuous member extending from the first support member to the third support member ; coupling a first shelf to the first support member of the first bracket and the first support member of the second bracket, wherein the first shelf is longer than the main frame of the first bracket and longer than the main frame of the second bracket; and coupling a second shelf to the second support member of first bracket and the second support member of the second bracket.
[AltContent: textbox (3rd support (2) coupled at 2nd end of 1st support member (1)
Second support (8) coupled intermediate of main frame and below the 1st support member (1)
3rd support (2) coupled at a 1st end at or near a 2nd end of the main frame (9/11))][AltContent: arrow]
[AltContent: textbox (First support (1)
1st end of 1st support (1) coupled to 1st end main frame
Main Frame (9,11) continuous member extending from 1st member (1) to the 3rd member (2))][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow]
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[AltContent: arrow][AltContent: textbox (Main frame (12))][AltContent: arrow][AltContent: textbox (2nd bracket)][AltContent: arrow][AltContent: textbox (1st self longer than main frame)][AltContent: arrow][AltContent: textbox (1st shelf longer that main frame)][AltContent: textbox (1st bracket)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Second shelf)][AltContent: arrow][AltContent: textbox (First shelf)]
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Response to Arguments
Applicant's arguments regarding Dambek filed October 22, 2025 have been fully considered but they are not persuasive.
In regards to applicant’s arguments that Dambek does not disclose, “wherein the main frame comprises a continuous member extending from the first support member to the third support member”, is hereby traversed by the following remarks. Dambek clearly discloses wherein the main frame (9 and 11) comprises a continuous member since both 9 and 11 are fixedly connected with no separation between 9 and 11 therefore by definition continuous meaning not including a break or space between them therefore the main frame is continuous, due to no there is break or space between the members 9 and 11 due to both 9 and 11 connected to each other extending from the first support member to the third support member meeting the applicant’s claimed invention.
In regards to applicant’s arguments that
Firstly, each of amended Claims 1, 9, and 18 recite "wherein the first shelf is longer than the main frame". The Specification of the present Application explains that "[t]he increase in length of both the upper shelf 108a and the lower shelf 108b can increase the surface area for storage or use by the user." Specification, [0049]. The Office Actions asserts that "Dambek in view of Jensen inherently teaches (Claim 22) The shelf system of Claim 1, wherein the first shelf is longer than the main frame." Office Action, pg. 7. However, other than noting that systems of Dambek and Jensen can be potentially used for "supporting various sized shelves", the Office Action fails to provide any reasoning or evidence for how Dambek in view of Jensen inherently teaches the claimed limitation of "wherein the first shelf is longer than the main frame". Id. Applicant respectfully submits that neither Dambek nor Jensen teach or suggest the first shelf being longer than the main frame as required by Claims 1, 9, and 18.
Is hereby traversed by the following remarks. Jensen teaches within column 2, line 54 that “platforms/shelves 32 and 33 extending horizontally at right angles to the wall” and it is well known that platforms and shelves extend horizontally along walls therefore when combined with Dambek the platform/shelf will be longer than the main frame of the invention.
In response to applicant's argument that
Firstly, each of amended Claims 1, 9, and 18 recite "wherein the first shelf is longer than the main frame". The Specification of the present Application explains that "[t]he increase in length of both the upper shelf 108a and the lower shelf 108b can increase the surface area for storage or use by the user." Specification, [0049]. The Office Actions asserts that "Dambek in view of Jensen inherently teaches (Claim 22) The shelf system of Claim 1, wherein the first shelf is longer than the main frame." Office Action, pg. 7. However, other than noting that systems of Dambek and Jensen can be potentially used for "supporting various sized shelves", the Office Action fails to provide any reasoning or evidence for how Dambek in view of Jensen inherently teaches the claimed limitation of "wherein the first shelf is longer than the main frame". Id. Applicant respectfully submits that neither Dambek nor Jensen teach or suggest the first shelf being longer than the main frame as required by Claims 1, 9, and 18.
, the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981).
In response to applicant's argument that the examiner's conclusion of obviousness is based upon improper hindsight reasoning, it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant's disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971).
Applicant’s arguments regarding Dambek in view of Jensen with respect to the claim(s) have been considered but are moot because the new ground of rejection does not rely on the Jensen reference applied in current rejection of record for Dambek in view of Setvate for any teaching or matter specifically challenged in the argument.
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 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 on (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