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 § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 3-4 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 2 already recites “the first guides,” thus, how does claim 3 further limit the claim? Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(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.
Claims 1-3, 6-7, and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Van der Zee, US 2012/0292425 A1.
Regarding claim 1, Van der Zee ‘425 discloses a dispensing rack 24 comprising a first stand (a left side of 26), a second stand (a right side of 26), and a movable base 27, wherein the first and second stands are configured to hold multiple rolls 2 and dispense multiple layers (e.g., trellis is intended use of the material, applicant did not invent the material, claim 9) simultaneously from the multiple rolls, see figures 2 and 4.
Regarding claims 2-3, Van der Zee ‘425 discloses the first and second stands each comprise a respective first brace 26 comprising respect first attachment mechanism 29 and configured to hold first guides (i.e., shafts for the rolls) for the multiple rolls 2, and the first and second stands are configured to hold the multiple rolls 2 using the first guides, see figures 2 and 4.
Regarding claims 6-7, Van der Zee ‘425 discloses the movable base comprises four wheels 28 and cross-cross braces (no reference number), see figures 2 and 4.
Claims 1-3, and 5-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kostigian, U.S. Patent No. 8099815 B2.
Regarding claims 1 and 10 (i.e., including the limitations explained in claims 2-3 and 5-9), Kostigian ‘815 discloses a dispensing rack 10 comprising a first stand (a left side of 28), a second stand (a right side of 26), and a movable base (102, 112), wherein the first and second stands are configured to hold multiple rolls 52 and dispense multiple layers (e.g., trellis is intended use of the material, applicant did not invent the material, claim 9) simultaneously from the multiple rolls, see figures 1-9.
Regarding claims 2-3, Kostigian ‘815 discloses the first and second stands each comprise a respective first brace 22 comprising respect first attachment mechanism (40, 42) and configured to hold first guides (46, 47) secured at the respective attachment mechanisms using pins 48 rather than cotter pins for the multiple rolls 52, and the first and second stands are configured to hold the multiple rolls 52 using the first guides, see figures 1-9.
Regarding claim 5, Kostigian ‘815 discloses the first and second stands each comprise a respective second brace 24 comprising second attachment mechanism (40, 42) and configured to hold second guides (46, 47, other end) at respective dispensing heights for the multiple layers, see figures 1-9.
Regarding claims 6-8, Kostigian ‘815 discloses the movable base comprises four wheels 124 and cross-cross braces 38 and adjustable using (102, 112, see figure 5), see figures 1-9.
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 4 is rejected under 35 U.S.C. 103 as being unpatentable over Kostigian, U.S. Patent No. 8099815 B2, in view of Kalies, U.S. Patent No. 5120170.
As stated above, Kostigian ‘815 discloses uses a pin rather than a cotter pin.
Kalies ‘170 discloses the concept of securing the shaft using a cotter pin 37, see figures 1-4.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to modify the securing pin of Kostigian ‘815 to include a cotter pin as suggested by Kalies ‘170, in order to secure the shaft. Furthermore, since all of the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination would have yielded predictable results to one of ordinary skill in the art at the time of the invention.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SANG K KIM whose telephone number is 571-272-6947. The examiner can normally be reached Tuesday through Thursday from 10:30 A.M. to 9 P.M or Tuesday through Thursday from 10:30 A.M. to 7 P.M.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Anna Momper, can be reached on (571) 270-5788. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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SK
8/14/25
/SANG K KIM/ Primary Examiner, Art Unit 3654