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 Objections
Claim 19 is objected to because of the following informalities: for better claim construction and consistency throughout the claims the examiner suggests the following amendment:
Claim 19, line 2: -- a second horizontal limb --. 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 12-23 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.
Regarding claim 12, the limitations “the vertical limb” in lines 13, 15, and 19 of claim 12 are unclear and confusing as to which vertical limb is being claimed since “at least one vertical limb” was previously claimed in claim 12 which can be more than one vertical limb. Appropriate correction is required.
Claims 13-23 are rejected as being dependent upon a rejected base claim.
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 12, 14, 15, 20 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Brumm 11,084,622 in view of Schluter 2012/0305511.
Regarding claim 12, as best understood, Brumm discloses a storage facility (Figs 1-3, #100), comprising: a base frame (Fig 1, #102 & #104) made of vertical supports (Fig 1, #102) and horizontal crosspieces (Fig 1, #104);
an aisle (interior space between the vertical supports (Figs 1 & 2, #102) i.e. where the load (Fig 1, #110) in Fig 1 is located) leading through the base frame (Fig 1, #102 & #104);
a carrier (Fig 2, #108) for storing and removing goods (Fig 2, #110), the carrier (Fig 2, #108) being movable (capable of being moved) on two rails (Fig 2, #106) (annotated Fig 2 below) that are arranged in the aisle (as shown in Fig 2),
wherein each of the two rails (Fig 2, #106) (annotated Fig 2 below) comprises
a horizontal limb (annotated Fig 2 below) that forms a running surface (annotated Fig 2 below) for the carrier (Fig 2, #108), and
at least one vertical limb (annotated Fig 2 below), and
wherein each of the two rails (annotated Fig 2 below), in a fastening region (Fig 3, #128)) extending only over a partial length of the respective rail (Figs 2 & 3, #106), is fastened by fastening elements (Fig 3, #134) to one of the vertical supports (Fig 3, #102) and/or horizontal crosspieces, and
wherein the vertical limb (annotated Fig 2 below), in the fastening region (Fig 3, #128), is provided with holes (holes that receive fasteners (Fig 3, #134) (col 8, lines 48-50)) through which the fastening elements (Fig 3, #14) lead.
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Brumm has been discussed above but does not explicitly teach
wherein the vertical limb, in the fastening region but outside the holes, is provided with at least one structural weakening in form of an opening that extends as a slot substantially in a longitudinal direction of the rail and is arranged at a height closer to the horizontal limb than to an upper edge of the vertical limb.
Schluter discloses a rail (Fig 1, #90) comprising a vertical limb (Fig 1, #92) and a horizontal limb (Fig 1, #94); wherein the vertical limb (Fig 1, #92), in a fastening region (annotated Fig 1 below) but outside holes (annotated Fig 1 below) (Fig 2, #18 & #30), is provided with at least one structural weakening (annotated Fig 1 below) (#95) in form of an opening (as shown in Fig 1) that extends as a slot (as shown in Fig 1) substantially in a longitudinal direction of the rail (Fig 1, #90) and wherein at least a bottom portion of the at least one structural weakening (annotated Fig 1 below) (#95) is arranged at a height closer to the horizontal limb (Fig 1, #94) than to an upper edge (top edge of #92) of the vertical limb (Fig 1, #92).
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It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to form a structural weakening slot (Schluter, annotated Fig 1 above) (Schluter, #95) in a lower portion of the vertical limb (Brumm, annotated Fig 2 above) that is closer to the horizontal limb (Brumm, annotated Fig 2 above) than a top edge of the vertical limb (Brumm, annotated Fig 2 above) of Brumm and lower the fasteners (Brumm, Fig 3, #134) of Brumm in or near the fastening region (Brumm, Fig 3, #128) of Brumm in order to store more items on the rail (Brumm, Fig 2, #106) of Brumm as taught by Schluter (Schluter, [0022]). Further, the structural weakening slot (Schluter, annotated Fig 1 above) (Schluter, #95) of Schluter will make the rail (Brumm, Fig 2, #106) of Brumm more aesthetically appealing and reduce the weight of the rail (Brumm, Fig 2, #106) of Brumm.
Regarding claim 14, modified Brumm discloses the storage facility wherein the holes (Brumm, holes that receive fasteners #134) are arranged at partly different heights, and wherein the structural weakening (Schluter, annotated Fig 1 above) is arranged below a deepest of the holes (Brumm, holes that receive fasteners #134) through which a fastening element (Brumm, Fig 3, #134) leads.
Regarding claim 15, modified Brumm has been discussed above but does not explicitly teach the storage facility wherein the structural weakening is arranged between the holes which are closest to ends of the fastening region in the longitudinal direction of the rail.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to form the structural weakening (Schluter, annotated Fig 1 above) to be between the holes that receive the fasteners (Brumm, Fig 3, #134) since it has been held that rearranging parts of an invention involves only routine skill in the art. Further, the substitution of one known slot location for another would have yielded predictable results to one of ordinary skill in the art at the time of the invention.
Regarding claim 20, modified Brumm discloses the storage facility wherein the rail (Brumm, annotated Fig 2 above) has a further vertical limb (Brumm, Fig 3, #130) or (Brumm, Fig 3, #124 & #130), which is connected, facing downward or upward, to an end (right end) of the horizontal limb (Brumm, annotated Fig 2 above) which faces toward the aisle (Brumm, annotated Fig 2 above).
Regarding claim 22, modified Brumm discloses the storage facility wherein the structural weakening (Schluter, annotated Fig 1 above) has a largely rounded contour.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of Brumm 11,084,622 and Schluter 2012/0305511; and further in view of Acker 4,119,208.
Regarding claim 13, modified Brumm has been discussed above but does not explicitly teach wherein the fastening elements are screw connections.
Acker discloses a storage facility (Fig 1) comprising rails (Fig 1, #1 & #2) that are attached to posts (Fig 1, #6) by screws (col 3, lines 11-12).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to replace the fasteners (Brumm, Fig 3, #134) with screws (Acker, col 3, lines 11-12) the substitution of one known fastener for another would have yielded predictable results to one of ordinary skill in the art at the time of the invention.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of Brumm 11,084,622 and Schluter 2012/0305511; and further in view of Roberto 9,499,339.
Regarding claim 19, modified Brumm has been discussed above but does not explicitly teach wherein the rail has a second horizontal limb, which is connected to the
upper edge of the vertical limb and is formed facing away from the aisle or facing toward the aisle.
Roberto discloses a storage facility wherein a rail (Fig 1, #4a) or (annotated Fig 1 below) has a second horizontal limb (annotated Fig 1 below), which is connected to an upper edge of the vertical limb (annotated Fig 1 below) and is formed facing away from an aisle or facing toward the aisle (annotated Fig 1 below).
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It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to attach a second horizontal limb (annotated Fig 1 above) to at least a portion of the upper end of the vertical limb (Brumm, annotated Fig 2 above) of Brumm in order to make the rail (Brumm, Fig 2, #106) more aesthetically appealing.
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of Brumm 11,084,622 and Schluter 2012/0305511; and further in view of Gassner DE102014114978.
Regarding claim 21, modified Brumm has been discussed above but does not explicitly teach wherein the rail with its fastening region is arranged on a bracket via the fastening elements, wherein the bracket is fastened to one of the vertical supports and/or horizontal crosspieces.
Gassner discloses a rail mounting means (Fig 1) comprising a rail (Fig 1, #102) with a fastening region (annotated Fig 1 below) that is arranged on a bracket (annotated Fig 1 below) via fastening elements (Fig 1, #120), wherein the bracket (annotated Fig 1 below) is fastened to one of a vertical support (Fig 1, #100).
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It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to attach the fastening region (Brumm, Fig 3, #128) of Brumm to the vertical posts (Brumm, Fig 2, #102) via a bracket (Gassner, annotated Fig 1 above) as taught by Gassner in order to add a small spacing between the rail (Brumm, Fig 2, #106) and the vertical posts (Brumm, Fig 2, #102) and protect the rear portions of the rail (Brumm, Fig 2, #106) from becoming scratched or damaged by the vertical posts (Brumm, Fig 2, #102) during installation.
Allowable Subject Matter
Claims 16-18, and 23 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
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEVIN K BARNETT whose telephone number is (571)270-1159. The examiner can normally be reached Monday-Friday 11am-7:30pm.
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/DEVIN K BARNETT/Primary Examiner, Art Unit 3631
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