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 .
Allowable Subject Matter
The indicated allowability of claims 11-12 in office action mailed 5/14/2025 is withdrawn in view of the newly discovered reference(s) to US 5431761 to Holztrager. Rejections based on the newly cited reference(s) follow.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
Claim 1 recites “means for coupling to the information physical carrier” and claim 12 recites “means for connecting to additional support devices”.
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.
Claims 1-9, 10 and 12-21 are rejected under 35 U.S.C. 103 as being unpatentable over US 5431761 to Holztrager in view of US 5477645 to Bauer.
Regarding claim 1, Holztrager teaches a support device (exhibit display booth comprising a plurality of slatwall exhibit panels hinged together (figure 1)) comprising: an exposing surface (front surface of backboard 4, figure 1), comprising a track element (spaced profiles or support members 6 defining a groove 8 therebetween); a cursor element (support shelves 10 or other supporting members (not shown)), configured to engage with said track element (6,8) and comprising means for coupling to the information physical carrier, an overall configuration of said support device (exhibit display booth) being such that the an arrangement of the information physical carrier coupled to said cursor element can be varied by sliding said cursor element (support shelves 10 or other supporting members (not shown)) with respect to said track element (6,8); and a second exposing surface (front surface of backboard 4, figure 1) arranged laterally with respect to said exposing surface (front surface of backboard 4, figure 1) and connected to said exposing surface by means of one or more hinges (20), which allow rotation of said second exposing surface around an axis (R).
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Holztrager does not teach comprising means for coupling to the information physical carrier.
Bauer teaches a panel (10) for covering a slat board (12) of a slat wall (11) includes a face portion (22) having a hook member (23) at its lower end and another hook member (24) at its upper end. The hook members (23, 24) are adapted to engage the lateral edges of the slat board (12) so that the face portion (22) is adjacent to the slat board (12). Bauer also teaches opposed upper and lower tabs (29, 30) can be provided at the ends of face portion (22) so that graphic or other decorative material may be held therebetween. The panel (10) correspond to the claimed means for coupling to the information physical carrier.
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It would have been obvious to one having ordinary skills in the art before the effective filing date of the claimed invention to construct support device (exhibit display booth) taught by Holztrager with the panel for covering a slat board of a slat wall as taught by Bauer with a reasonable expectation of success to provide a means to selectively display information on the exhibit panel.
Regarding claim 2, Holztrager teaches said exposing surface (front surface of backboard 4, figure 1) is a flat surface, which develops according to two main a longitudinal development direction (L) and a transversal development direction (T) directions, respectively.
Regarding claim 3, Holztrager teaches said track element (6,8) has a development direction according to a straight line (B).
Regarding claim 4, Holztrager teaches said straight line (B) is parallel to a longitudinal development direction (L) of said exposing surface.
Regarding claim 5, Holztrager teaches said straight line (B) is parallel to a transversal development direction (T) of said exposing surface.
Regarding claim 6, Holztrager teaches said track element is shaped like a recess, re-entering with respect to said exposing surface.
Regarding claim 7, Holztrager teaches said track element has an operating surface (front surface of profile or support member 6) protruding with respect to said exposing surface (front surface of backboard 4).
Regarding claim 8, Bauer teaches said cursor element (panel 10) comprises a concave portion (28, 22, 26, figure 5) shaped in a complementary manner to said operating surface (front surface of backboard 4) to house inside thereof at least a portion of said track element (spaced boards or slats 12) protruding with respect to said exposing surface.
Regarding claim 10, Bauer teaches said coupling means comprises an elastically deformable clip element (tabs 29 and 30) for retaining the information physical carrier (image 40).
Regarding claim 12, Holztrager teaches a support device (exhibit display booth comprising a plurality of slatwall exhibit panels (2) hinged together (figure 1)). The support device comprising: - an exposing surface (front surface of backboard 4, figure 1), comprising a track element (spaced profiles or support members 6 defining a groove 8 therebetween); a cursor element (support shelves 10 or other supporting members (not shown)), configured to engage with said track element (6,8) and means (hinges 20) for connecting to additional support devices (exhibit panels 2), which said additional support devices (exhibit panels 2) carry the same connection means (hinge 20) that are the same as the means for connecting.
Holztrager does not teach comprising means for coupling to the information physical carrier, such that an arrangement of the information physical carrier coupled to said cursor element can be varied by sliding said cursor element with respect to said track element,
Bauer teaches a panel (10) for covering a slat board (12) of a slat wall (11) includes a face portion (22) having a hook member (23) at its lower end and another hook member (24) at its upper end. The hook members (23, 24) are adapted to engage the lateral edges of the slat board (12) so that the face portion (22) is adjacent to the slat board (12). Bauer also teaches opposed upper and lower tabs (29, 30) can be provided at the ends of face portion (22) so that graphic or other decorative material may be held therebetween. The panel (10) correspond to the claimed means for coupling to the information physical carrier.
It would have been obvious to one having ordinary skills in the art before the effective filing date of the claimed invention to construct support device (exhibit display booth) taught by Holztrager with the panel (10) for covering a slat board (12) of a slat wall (11) as taught by Bauer with a reasonable expectation of success to provide a means to selectively display information on the exhibit panel.
Regarding claim 13, Holztrager teaches said exposing surface (front surface of backboard 4, figure 1) is a flat surface, which develops according to two main a longitudinal development direction (L) and a transversal development direction (T) directions, respectively.
Regarding claim 14, Holztrager teaches said track element (6,8) has a development direction according to a straight line (B).
Regarding claim 15, Holztrager teaches said straight line (B) is parallel to a longitudinal development direction (L) of said exposing surface.
Regarding claim 16, Holztrager teaches said straight line (B) is parallel to a transversal development direction (T) of said exposing surface.
Regarding claim 17, Holztrager teaches said track element is shaped like a recess, re-entering with respect to said exposing surface.
Regarding claim 18, Holztrager teaches said track element has an operating surface (front surface of profile or support member 6) protruding with respect to said exposing surface (front surface of backboard 4).
Regarding claim 19, Bauer teaches said cursor element (panel 10) comprises a concave portion (28, 22, 26, figure 5) shaped in a complementary manner to said operating surface (front surface of backboard 4) to house inside thereof at least a portion of said track element (spaced boards or slats 12) protruding with respect to said exposing surface.
Regarding claim 20, Bauer teaches said coupling means comprises an elastically deformable clip element (tabs 29 and 30) for retaining the information physical carrier (image 40).
Regarding claim 21, Holztrager teaches a second exposing surface (front surface of backboard 4, figure 1) arranged laterally with respect to said exposing surface (front surface of backboard 4, figure 1) and connected to said exposing surface by means of one or more hinges (20), which allow rotation of said second exposing surface around an axis (R).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 and 12 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 CASSANDRA DAVIS whose telephone number is (571)272-6642. The examiner can normally be reached Monday-Friday 8:00 AM-4:30 PM.
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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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/CASSANDRA DAVIS/Primary Examiner, Art Unit 3631