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 Rejections - 35 USC § 102
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 and 7 are rejected under 35 U.S.C. 102(1)(2) as being anticipated by US 5078280 to Nordeen.
Regarding claim 1, Nordeen teaches a magnetic keeper shelf (18) comprising a mounting portion (short horizontal surface 28a) configured to attach to first and second shelving units of the plurality of shelving units (creeper 10 corresponds to the claimed shelving unit; note: the shelving units are not positively claimed in combination with the protection rail), the mounting portion (28a) comprising: a first group of apertures (left most opening 32) including one or more first apertures configured to engage in correspondence with a corresponding one or more apertures of a surface of the first shelving unit, and one or more second apertures (the second from the left opening 32) configured to engage in correspondence with a corresponding one or more apertures of a surface of the second shelving unit; and a second group of apertures including one or more first apertures (third opening 32) configured to engage in correspondence with a corresponding one or more apertures of the surface of the first shelving unit, and one or more second apertures (fourth or right most opening 32) configured to engage in correspondence with the corresponding one or more apertures of a surface of the second shelving unit, wherein the one or more first apertures of the first group of apertures and the one or more first apertures of the second group of apertures are configured to accept a respective fastener (a plurality of mounting means 20 adapted to pass through opening 32, the elongated side strip member 12 and the rectangular support surface 24 to secure the shelf 18 to the creeper 10; column 2, line 8-18) to mount the protection rail (shelf 18) to the first shelving unit (not positively claimed), and wherein the one or more second apertures (left two opening 32) of the first group of apertures and the one or more second apertures (right two opening 32) of the second group of apertures are configured to accept a respective fastener (20) to mount the protection rail (shelf 18) to the second shelving unit (not claimed); a base portion (vertical surface of the shelf 30) connected to the mounting portion (28a); and a shield portion (horizontal surface 28) angularly connected to the base portion (30) and configured to extend in front of a front edge of the first shelving unit (creeper 10), based on the protection rail (shelf 18) being mounted to the first shelving unit (creeper 10), and the second shelving unit (creeper 10), based on the protection rail (shelf 18) being mounted to the second shelving unit. The examiner contend the magnetic shelf taught by Nordeen has the ability to be attached to a first and second shelfing unit, each comprising a plurality of apertures therein.
Regarding claim 7, Nordeen teaches a bend portion that angularly connects the shield portion (28) to the base portion (30).
Regarding claim 9, Nordeen teaches first aperture group is spaced from the second aperture group along a longitudinal length of the mounting portion.
Claims 1, 7-13 and 15 are rejected under 35 U.S.C. 102(1)(2) as being anticipated by US 6321475 to Glanz.
Regarding claim 1, Glanz teaches a shelf mounted display device comprising a mounting portion (mounting flange 22) configured to attach to first and second shelving units of the plurality of shelving units (16), the mounting portion (22) comprising: a first group of apertures (outer vertical slots) including one or more first apertures configured to engage in correspondence with a corresponding one or more apertures of a surface of the first shelving unit, and one or more second apertures configured to engage in correspondence with a corresponding one or more apertures of a surface of the second shelving unit; and a second group of apertures (short horizontal slot, shown with screw) including one or more first apertures configured to engage in correspondence with a corresponding one or more apertures of the surface of the first shelving unit, and one or more second apertures (short horizontal slot, shown with screw) configured to engage in correspondence with the corresponding one or more apertures of a surface of the second shelving unit, wherein the one or more first apertures (outer vertical slots) of the first group of apertures and the one or more first apertures (short horizontal slot, shown with screw) of the second group of apertures are configured to accept a respective fastener (mounting bolts 28) to mount the display device (protection rail) to the first shelving unit (16), and wherein the one or more second apertures (outer slots) of the first group of apertures and the one or more second apertures (short horizontal slot, shown with screw) of the second group of apertures are configured to accept a respective fastener (28) to mount the display device (protection rail) to the second shelving unit (16); a base portion (offset rear mounting flange) connected to the mounting portion (rear mounting flange 22); and a shield portion (wall 20) angularly connected to the base portion (offset rear mounting flange) and configured to extend in front of a front edge of the first shelving unit (16), based on the display device (protection rail) being mounted to the first shelving unit (16), and the second shelving unit (16), based on the display device (protection rail) being mounted to the second shelving unit (16).
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Regarding claim 7, Glanz teaches a bend portion that angularly connects the shield portion (20) to the base portion (offset rear mounting flange).
Regarding claim 9, Glanz teaches first aperture group is spaced from the second aperture group along a longitudinal length of the mounting portion (see annotated figure above).
Regarding claim 10, Glanz teaches a third group of apertures including one or more first apertures configured to engage in correspondence with a corresponding one or more apertures of the surface of the first shelving unit, and one or more second apertures configured to engage in correspondence with the corresponding one or more apertures of a surface of the second shelving unit, wherein the first group of apertures being spaced from the second group of apertures by a first distance, and the second group of apertures being spaced from third group of apertures by a second distance (see annotated figure above).
Regarding claim 11, Glanz teaches the first and the second distances are different (see annotated figure above).
Regarding claim 12, Glanz teaches the first group of apertures and the third group of apertures are spaced from respective edges of the mounting portion defining the longitudinal length of the mounting portion (see annotated figure above).
Regarding claim 13, Glanz teaches the first group of apertures and the third group of apertures are spaced from respective edges of the mounting portion defining the longitudinal length of the mounting portion (see annotated figure above).
Regarding claim 15, Glanz teaches the shield portion is adapted to shield a label mounted on the front edge of the shelving unit.
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.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over US 4073384 to Celeste in view of US 5549054 Lewis
Regarding claim 8, Nordeen teaches the angularly connection of the shield portion (28) to the base portion (30) forms an angle of about 95 degrees. Nordeen does not teach an angle of 97 degrees. However, Since the applicant does not disclose that an angle of 97 degrees solves any stated problem or is for any particular purpose, it appears that constructing the angularly connection of the shield portion to the base portion to be any suitable angle as taught by Nordeen would perform equally well.
Claim 1, 5-7, 9-15, 17-21 are rejected under 35 U.S.C. 103 as being unpatentable over WO 2008098337 to Thatcher et al. (Thatcher) in view of US 10874228 to Awalt.
Regarding claims 1 and 17, Thatcher teaches a protection rail (label holder for electronic shelf labels (ESLs) 410) comprising: a mounting portion (shelf attachment 40) configured to attach to first and second shelving units of the plurality of shelving units (S), a base (display portion 420) portion connected to the mounting portion (40); and a shield portion (backwardly C-shape impact absorbing leg 430 or bottom sidewall 26) angularly connected to the base portion (40) and configured to extend in front of a front edge of the first shelving unit (S), based on the protection rail (label holder for electronic shelf labels (ESLs) 410) being mounted to the first shelving unit (S), and the second shelving unit (S), based on the protection rail (label holder for electronic shelf labels (ESLs) 410) being mounted to the second shelving unit (S).
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Thatcher does not teach a first and second group of apertures for accepting one or more fastener.
Awalt teaches shelf cover configured to be placed onto a shelf of a shelving unit and having an integrated removable price tag holder. The cover comprising mounting surface (product support member 100) a first and second group of apertures (140) The mounting portion (100) comprising: a first group of apertures including one or more first apertures configured to engage in correspondence with a corresponding one or more apertures of a surface of the first shelving unit (S), and one or more second apertures configured to engage in correspondence with a corresponding one or more apertures of a surface of the second shelving unit; and a second group of apertures including one or more first apertures configured to engage in correspondence with a corresponding one or more apertures of the surface of the first shelving unit, and one or more second apertures configured to engage in correspondence with the corresponding one or more apertures of a surface of the second shelving unit, wherein the one or more first apertures of the first group of apertures and the one or more first apertures of the second group of apertures are configured to accept a respective fastener to mount the protection rail to the first shelving unit, and wherein the one or more second apertures of the first group of apertures and the one or more second apertures of the second group of apertures are configured to accept a respective fastener to mount the protection rail to the second shelving unit;
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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 mounting portion (shelf attachment 40) of the label holder taught by Thatcher with a plurality of apertures as taught by shelf cover with a reasonable expectation of success to provide a means to better secure the label holder to the shelf by providing more attachment locations.
Regarding claim 5, Thatcher teaches a hinge (60) adapted to rotatably connect the base portion (420) to the mounting portion (40) and allow the base portion (420) and the shield portion (430 or 26) to rotate with respect to the mounting portion (40).
Regarding claim 6, Thatcher teaches the hinge (60) continuously extends along a length of the protection rail.
Regarding claim 7, Thatcher teaches a bend portion that angularly connects the shield portion to the base portion.
Regarding claim 9, Awalt teaches first aperture group is spaced from the second aperture group along a longitudinal length of the mounting portion.
Regarding claim 10, Awalt teaches a third group of apertures including one or more first apertures configured to engage in correspondence with a corresponding one or more apertures of the surface of the first shelving unit, and one or more second apertures configured to engage in correspondence with the corresponding one or more apertures of a surface of the second shelving unit, wherein the first group of apertures being spaced from the second group of apertures by a first distance, and the second group of apertures being spaced from third group of apertures by a second distance (see annotated figure above).
Regarding claim 11, Awalt teaches the first and the second distances are different (see annotated figure above).
Regarding claim 12, Awalt teaches the first group of apertures and the third group of apertures are spaced from respective edges of the mounting portion defining the longitudinal length of the mounting portion (see annotated figure above).
Regarding claim 13, Awalt teaches the first group of apertures and the third group of apertures are spaced from respective edges of the mounting portion defining the longitudinal length of the mounting portion (see annotated figure above).
Regarding claim 14, Awalt teaches first group of apertures comprises one or more third apertures configured to engage in correspondence with a corresponding one or more apertures of the surface of the first shelving unit; the one or more third apertures of the first group of apertures is spaced from the one or more first apertures of the first group of apertures in a direction perpendicular to a longitudinal direction extending along the longitudinal length; and the one or more second apertures of the first group of apertures is: spaced from the one or more first apertures and the one or more third apertures of the first group of apertures in the longitudinal direction, and centrally located between the one or more first apertures and the one or more third apertures of the first group of apertures in the direction perpendicular to the longitudinal direction.
Regarding claim 15, Thatcher teaches the shield portion (26 or 430) is adapted to shield a label mounted on the front edge of the shelving unit (S).
Regarding claim 18, Awalt teaches the plurality of first apertures and the plurality of second apertures of the mounting portion are arranged in aperture groups spaced along a longitudinal length of the mounting portion, each of the aperture groups including one or more first apertures of the plurality of first apertures and one or more second apertures of the plurality of second apertures.
Regarding claim 19, Awalt teaches the aperture groups comprise three aperture groups, a first of the aperture groups being spaced from a second of the aperture groups by a first distance, the second aperture group being spaced from a third of the aperture groups by a second distance, and the second aperture group being disposed between the first and the third aperture groups with respect to the longitudinal length.
Regarding claim 20, Awalt teaches at least one of the aperture groups comprises a first aperture of the plurality of first apertures, a second aperture of the plurality of second apertures, and a third aperture, the second aperture being spaced from the first and the third apertures in a first direction parallel to the longitudinal length, the first second aperture being centrally located between the first and the third apertures in a second direction perpendicular to the first direction.
Regarding claim 21, since the applicant does not disclose that having the first aperture, the second aperture, and the third aperture arranged in a triangular layout solves any stated problem or is for any particular purpose, it appears that placing the aperture in any desired configuration would perform equally well in providing the means to attach the mounting portion to the shelf. It would have been obvious to one having ordinary skills in the art before the effective filing date of the claimed invention to construct arrangement of the apertures taught by Awalt in any desired configuration with a reasonable expectation of success to provide the means to attach the mounting portion to the shelf.
Allowable Subject Matter
Claims 22-24 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant’s arguments with respect to claims 1, 5-15, 17-24 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
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 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