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
Claims 1, 8, 13 and 17 are objected to because of the following informalities:
In claim 1 line 3, “…second side wall…” should read “…second side walls…”.
In claim 1 line 10, “…an exterior…” should read “…the exterior…” as positively recited in line 8.
In claim 8 line 3, “…and frame…” should read “…and the frame…”.
In claim 13 line 7, “…outer surface…” should read “…outer surfaces…”.
In claim 13 line 12, “…an exterior…” should read “…the exterior…” as positively recited in line 6.
In claim 17 line 2, “…or bench…” should read “…or the bench…”.
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 5 and 17 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.
Claim 5 recites “wherein the front wall rotates to an angle of from 25 ֯ to 90 ֯ relative to plane defined by the front wall in the retracted position” which renders the claim indefinite as in order for the front wall to rotate to 25 ֯, the front wall has to rotate through 0 ֯-24.9 ֯. Thus, for the examination purpose the limitation is interpreted as “wherein the front wall rotates to an angle from 0 ֯ to 90 ֯ relative to plane defined by the front wall in the retracted position”.
Claim 17 recites “a light mounted on the frame…” which renders the claim indefinite as “light” is a form of electromagnetic radiation that enables vision. Thus, for the examination purpose the limitation is interpreted as “a light source mounted on the frame…”.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1, 5-7, 9 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thuma et al. (US 2015/0130233) in view of Van Valkenburgh et al. (US 5,511,908).
Regarding claims 1 and 6-7, Thuma et al. ‘233 teaches (figures 1-2, 5-16, 33, 38, 57-60) a storage system having a rectanguloid shape and defining a storage chamber (clearly shown in the figure below) (Para 0008), the storage system comprising:
a frame comprising a back wall, a first and a second side walls, and structural bracket extending between the first and second side walls opposite the back wall (clearly shown in the figure below);
a bench/seat panel (26) defining a support surface and an under surface (clearly shown in the figure below), the bench/seat panel (26) supported by the frame, rotatably connected to the frame and movable between a closed position (figure 1) wherein the support surface is load bearing and an open position (figure 38) wherein the storage chamber is accessible from an exterior of the storage system (Para 0124);
a front wall/panel (35) (clearly shown in the figure below) rotatably connected to the storage system and movable between a retracted position (figure 1) wherein the storage chamber is inaccessible from the exterior of the storage system when the bench/seat panel (26) is in the closed position and an extended position (figure 57) wherein the front wall at least partially defines an access slot to allow access to the storage chamber when the bench/seat panel (26) is in the closed position (Para 0070)
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but it is silent about the storage system comprising:
a removable grated floor supported by the frame,
wherein the frame comprises an interior flange for positioning and supporting the removable grated floor, the interior flange extending into the storage chamber and defining a receiving slot, and
wherein the interior flange comprises a portions of the back wall , the first side wall, and/or the second side wall.
Van Valkenburgh et al. ‘908 teaches (figures 1) a mobile safety structure/storage system (30) comprising a removable grating floor (68) and a containment pan/catch tray (382) below the removable grating floor (68) wherein the removable grating floor (30) are supported by a floor support member/interior flange (84) extending from the tubular support members/portion of a frame mobile safety structure (80, 82) (Col. 5 Lines 22-26; Col. 10 Lines 1-31).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Thuma et al. ‘233 to incorporate the teachings of Van Valkenburgh et al. ‘908 to configure the storage system comprising:
a removable grated floor supported by the frame,
wherein the frame comprises an interior flange for positioning and supporting the removable grated floor, the interior flange extending into the storage chamber and defining a receiving slot, and
wherein the interior flange comprises a portions of the back wall , the first side wall, and/or the second side wall.
One of ordinary skill in art would recognize that doing so would allow dirt, debris etc. to fall through and help to maintain the storage chamber clean.
Regarding claim 5 (as best understood), modified Thuma et al. ‘233 teaches (figures 1-2, 5-16, 33, 38, 57-60) the storage system wherein the front wall/panel (35) rotates to an angle from 0 ֯ to 90 ֯ relative to plane defined by the front wall/panel (35) in the retracted position (Para 0070; 0138).
Regarding claim 9, modified Thuma et al. ‘233 teaches (figures 1-2, 5-16, 33, 38, 57-60) the storage system further comprising a catch tray/containment pan (382) shaped and positioned to collect matter that passes through the removable grated floor (as modified by Van Valkenburgh et al. ‘908).
Regarding claim 12, modified Thuma et al. ‘233 teaches (figures 1-2, 5-16, 33, 38, 57-60) the storage system wherein the structural bracket (clearly shown in the figure above) extends between a top front corner of the first side wall and a top front corner of the second side wall to increase a loading bearing capacity of the bench/seat panel (26) when in the closed position (structural bracket reinforces the bench/seat panel (26)).
Claim(s) 2-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thuma et al. (US 2015/0130233) and Van Valkenburgh et al. (US 5,511,908) as applied to claim 1 above, and further in view of Kim (US 3,563,390).
Regarding claims 2-4, modified Thuma et al. ‘233 teaches (figures 1-2, 5-16, 33, 38, 57-60) the storage system of claim 1 but it is silent about the storage system wherein the front wall at least partially defines a storage pocket,
wherein the front wall cooperates with a pocket frame to define the access slot and the storage pocket, wherein in the retracted position the storage pocket is inaccessible from the exterior of the storage system when the bench is in the closed position and in the extended position the access slot provides access to the storage pocket when the bench is in the closed position, and
wherein the pocket frame comprises a pocket floor defining one or more apertures.
Kim ‘390 teaches (figure 1) a shoe rack cabinet/storage system (10) with doors/front wall (20, 22) wherein doors/front wall (20, 22) comprises tapered pockets (56) adapted to receive vertically disposed shoes and therefore are open at the top and bottom/floor (Col. 1 Lines 61-65; Col. 2 Lines 66-71; pockets have frame which shapes pockets).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified Thuma et al. ‘233to incorporate the teachings of Kim ‘390 to configure the storage system wherein the front wall at least partially defines a storage pocket,
wherein the front wall cooperates with a pocket frame to define the access slot and the storage pocket, wherein in the retracted position the storage pocket is inaccessible from the exterior of the storage system when the bench is in the closed position and in the extended position the access slot provides access to the storage pocket when the bench is in the closed position, and
wherein the pocket frame comprises a pocket floor defining one or more apertures.
One of ordinary skill in art would recognize that doing so would provide easy access and storage of shoes.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thuma et al. (US 2015/0130233) and Van Valkenburgh et al. (US 5,511,908) as applied to claim 1 above, and further in view of Chi Ming (US 2006/0279182).
Regarding claim 8, modified Thuma et al. ‘233 teaches (figures 1-2, 5-16, 33, 38, 57-60) the storage system wherein the frame comprises four feet/ends of structures (14, 16) which extends beyond the walls/panels and comes in contact with the ground (clearly shown in the figure above) (Para (0124) but it is silent about the storage system wherein the frame comprises four adjustable feet, each adjustable foot including a base and a stem extending from the base, the base including an outer contact surface, wherein each steam is a threaded rod, and the frame comprises a threaded aperture cooperable with each threaded rod.
Chi Ming ‘182 teaches (figures 1-4) a metal storage cabinet (1000) comprising adjustable leg/foot (19) threaded into an adjustable leg threaded hole/aperture (103) wherein the adjustable leg/foot (19) comprises a base (portion of adjustable leg/foot which comes in contact with a ground) and a stem (portion of adjustable leg/foot which comes in contact with the threaded hole) (Para 0039).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Thuma et al. ‘233 to incorporate the teachings of Chi Ming ‘182 to configure the frame comprises four adjustable feet, each adjustable foot including a base and a stem extending from the base, the base including an outer contact surface, wherein each steam is a threaded rod, and the frame comprises a threaded aperture cooperable with each threaded rod.
One of ordinary skill in art would recognize that doing so would assist to adjust the storage system and keep it leveled on uneven ground surfaces.
Claim(s) 10-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thuma et al. (US 2015/0130233) and Van Valkenburgh et al. (US 5,511,908) as applied to claim 1 above, and further in view of Temple, JR. et al. (US 2009/0057191).
Regarding claim 10, modified Thuma et al. ‘233 teaches (figures 1-2, 5-16, 33, 38, 57-60) the storage system of claim 1 but it is silent about the storage system wherein at least one first hinge rotatably connects the first side wall to a first end of the back wall and at least one second hinge connects the second side wall to a second end of the back wall.
Temple, JR. et al. ‘191 teaches (figures 1-4) a collapsible container (16) comprising four side walls (21) each hinge at the base of each wall to fold flat for compact and stackable storage for efficient transport (Para 0033).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Thuma et al. ‘233 to incorporate the teachings of Temple, JR. et al. ‘191 to configure the storage system wherein at least one first hinge rotatably connects the first side wall to a first end of the back wall and at least one second hinge connects the second side wall to a second end of the back wall.
One of ordinary skill in art would recognize that doing so would collapse the storage system for efficient transport (Para 0033).
Regarding claim 11, modified Thuma et al. ‘233 teaches (figures 1-2, 5-16, 33, 38, 57-60) the storage system wherein a back end of the first side wall define a first beveled corner portion and a back end of the second side wall define a second beveled corner portion (clearly shown in the figure below).
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Claim(s) 13 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thuma et al. (US 2015/0130233) in view of Kim (US 3,563,390).
Regarding claim 13, Thuma et al. ‘233 teaches (figures 1-2, 5-16, 33, 38, 57-60) a storage system for footwear, the storage system comprising:
a frame having a rectanguloid shape and defining a storage chamber (clearly shown in the figure above) (Para 0008; frame shapes the storage system);
a bench/seat panel (26) defining a support surface and an under surface (clearly shown in the figure above), the bench/seat panel (26) supported by the frame, rotatably connected to the frame and movable between a closed position (figure 1) wherein the bench/seat panel (26) is load bearing and an open position (figure 38) wherein the storage chamber is accessible from an exterior of the storage system (Para 0124);
a front wall/panel (35) having an inner and an outer surfaces is rotatably connected to the storage system and movable between a retracted position (figure 1) and an extended position (figure 57) wherein the front wall at least partially defines an access slot when the bench/seat panel (26) is in the closed position (Para 0070)
but it is silent about the storage system comprising:
a pocket frame cooperates with the inner surface of the front wall to define a storage pocket within the storage chamber, wherein in the retracted position the storage pocket is inaccessible from the exterior of the storage system when the bench is in the closed position and in the extended position the access slot provides access to the storage pocket so that footwear can be quickly stored and accessed when the bench is in the closed position.
Kim ‘390 teaches (figure 1) a shoe rack cabinet/storage system (10) with doors/front wall (20, 22) wherein doors/front wall (20, 22) comprises tapered pockets (56) adapted to receive vertically disposed shoes and therefore are open at the top and bottom/floor (Col. 1 Lines 61-65; Col. 2 Lines 66-71; pockets have frame which shapes pockets).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Thuma et al. ‘233 to incorporate the teachings of Kim ‘390 to configure the storage system comprising:
a pocket frame cooperates with the inner surface of the front wall to define a storage pocket within the storage chamber, wherein in the retracted position the storage pocket is inaccessible from the exterior of the storage system when the bench is in the closed position and in the extended position the access slot provides access to the storage pocket so that footwear can be quickly stored and accessed when the bench is in the closed position.
One of ordinary skill in art would recognize that doing so would provide easy access and storage of shoes.
Regarding claim 16, modified Thuma et al. ‘233 teaches (figures 1-2, 5-16, 33, 38, 57-60) the storage system for footwear wherein the pocked frame comprises a pocket floor defining one or more apertures (as modified by Kim ‘390).
Claim(s) 14-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thuma et al. (US 2015/0130233) and Kim (US 3,563,390) as applied to claim 13 above, and further in view of Van Valkenburgh et al. (US 5,511,908).
Regarding claim 14, modified Thuma et al. ‘233 teaches (figures 1-2, 5-16, 33, 38, 57-60) the storage system for footwear of claim 13 but it is silent about the storage system for footwear further comprising a grated floor mounted on the frame and positioned in the storage chamber to prevent accumulation of unwanted matter in the storage chamber, wherein the grated floor is not coupled to the frame and can be removed from the storage chamber when the bench is in the open position.
Van Valkenburgh et al. ‘908 teaches (figures 1) a mobile safety structure/storage system (30) comprising a removable grating floor (68) and a containment pan/catch tray (382) below the removable grating floor (68) wherein the removable grating floor (30) are supported by a floor support member/interior flange (84) extending from the tubular support members/portion of a frame mobile safety structure (80, 82) (Col. 5 Lines 22-26; Col. 10 Lines 1-31).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Thuma et al. ‘233 to incorporate the teachings of Van Valkenburgh et al. ‘908 to configure the storage system for footwear further comprising a grated floor mounted on the frame and positioned in the storage chamber to prevent accumulation of unwanted matter in the storage chamber, wherein the grated floor is not coupled to the frame and can be removed from the storage chamber when the bench is in the open position.
One of ordinary skill in art would recognize that doing so would allow dirt, debris etc. to fall through and help to maintain the storage chamber clean.
Regarding claim 15, modified Thuma et al. ‘233 teaches (figures 1-2, 5-16, 33, 38, 57-60) the storage system for footwear further comprising a catch tray/containment pan (382) shaped and positioned to receive matter that passes through the grated floor (as modified by Van Valkenburgh et al. ‘908).
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thuma et al. (US 2015/0130233) and Kim (US 3,563,390) as applied to claim 13 above, and further in view of McCord (US 2024/0032697).
Regarding claim 17 (as best understood), modified Thuma et al. ‘233 teaches (figures 1-2, 5-16, 33, 38, 57-60) the storage system for footwear of claim 13 but it is silent about the storage system for footwear further comprising a light source mounted on the frame or the bench, wherein the light is manually activated and deactivated to illuminate the storage chamber or wherein the light source is activated when the bench is opened to illuminate the storage chamber and deactivated when the bench is closed.
McCord ‘697 teaches (figures 1-10) a cushion storage device (10) comprising an illumination device/light bulb (94) wherein the illumination device/light bulb (94) includes a motion sensor designed to turn on when the upper wall/bench (18) moves (Para 0060).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified Thuma et al. ‘233 to incorporate the teachings of McCord ‘697 to configure the storage system for footwear further comprising a light source mounted on the bench, wherein the light source is activated when the bench is opened to illuminate the storage chamber and deactivated when the bench is closed.
One of ordinary skill in art would recognize that doing so would assist to arrange storage chamber.
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thuma et al. (US 2015/0130233) in view of Temple, JR. et al. (US 2009/0057191) and Kim (US 3,563,390).
Regarding claim 18, Thuma et al. ‘233 teaches (figures 1-2, 5-16, 33, 38, 57-60) a kit for assembling a storage system having a rectanguloid shape and defining a storage chamber (clearly shown in the figure below) (Para 0008), the kit including:
a back wall, a first side wall, and a second side wall in assembly position (figure 38) (clearly shown in the figure below);
a structural bracket shaped for attachment to a front end of the first and second side walls when the first and second side walls are in the assembly position to form a frame (clearly shown in the figure below);
a bench/seat panel (26) defining a support surface and an under surface (clearly shown in the figure below) and shaped for attachment to the back wall (Para 0124); and
a front wall/panel (35) (clearly shown in the figure below)
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but it is silent about the kit including:
a first side wall rotatably connected to a first end of the back wall, and a second side wall rotatably connected to a second end of the back wall, wherein the first and second side walls are movable between a shipping position and an assembly position.
Temple, JR. et al. ‘191 teaches (figures 1-4) a collapsible container (16) comprising four side walls (21) each hinge at the base of each wall to fold flat for compact and stackable storage/shipping position (figure 4) for efficient transport and to unfold for assembly position (figure 1) (Para 0033).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Thuma et al. ‘233 to incorporate the teachings of Temple, JR. et al. ‘191 to configure the kit including:
a first side wall rotatably connected to a first end of the back wall, and a second side wall rotatably connected to a second end of the back wall, wherein the first and second side walls are movable between a shipping position and an assembly position.
One of ordinary skill in art would recognize that doing so would facilitate storage of storage system when not in use.
Modified Thuma et al. ‘233 is silent about the kit including:
a front wall coupled with a pocket frame to collectively define a storage pocket.
Kim ‘390 teaches (figure 1) a shoe rack cabinet/storage system (10) with doors/front wall (20, 22) wherein doors/front wall (20, 22) comprises tapered pockets (56) adapted to receive vertically disposed shoes and therefore are open at the top and bottom/floor (Col. 1 Lines 61-65; Col. 2 Lines 66-71; pockets have frame which shapes pockets).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified Thuma et al. ‘233to incorporate the teachings of Kim ‘390 to configure the kit including:
a front wall coupled with a pocket frame to collectively define a storage pocket.
One of ordinary skill in art would recognize that doing so would provide easy access and storage of shoes.
Claim(s) 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thuma et al. (US 2015/0130233), Temple, JR. et al. (US 2009/0057191) and Kim (US 3,563,390) as applied to claim 18 above, and further in view of Van Valkenburgh et al. (US 5,511,908).
Regarding claim 19, modified Thuma et al. ‘233 teaches (figures 1-2, 5-16, 33, 38, 57-60) the kit for assembly the storage system set forth in claim 18 but it is silent about the kit further including:
a grated floor shaped for insertion and removal from the storage chamber; and, optionally,
a catch tray shaped to receive matter that passes through the grated floor.
Van Valkenburgh et al. ‘908 teaches (figures 1) a mobile safety structure/storage system (30) comprising a removable grating floor (68) and a containment pan/catch tray (382) below the removable grating floor (68) wherein the removable grating floor (30) are supported by a floor support member/interior flange (84) extending from the tubular support members/portion of a frame mobile safety structure (80, 82) (Col. 5 Lines 22-26; Col. 10 Lines 1-31).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified Thuma et al. ‘233 to incorporate the teachings of Van Valkenburgh et al. ‘908 to configure t the kit further including:
a grated floor shaped for insertion and removal from the storage chamber; and, optionally,
a catch tray shaped to receive matter that passes through the grated floor.
One of ordinary skill in art would recognize that doing so would allow dirt, debris etc. to fall through and help to maintain the storage chamber clean.
Regarding claim 20, modified Thuma et al. ‘233 teaches (figures 1-2, 5-16, 33, 38, 57-60) the kit for assembly the storage system further including at least one 90 ֯ hinge for connecting the front wall to the frame (as modified by Temple, JR. et al. ‘191; walls are at an angle of 90 ֯).
Conclusion
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/ASHESH DANGOL/Examiner, Art Unit 3642