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 .
Response to Amendment
Claims 1, 9 and 13 are amended.
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(s) 1-7 and 9-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO 2005/078208 to Wilson in view of US 11,572,021 to Stener.
Regarding claim 1, Wilson ‘208 discloses a levelling assembly for a framework structure of a storage grid of a storage and retrieval system for storing goods holders, the levelling assembly comprising: a threaded elongate member 109; a threaded nut 111 for engaging with the threaded elongate member; and a floor rail 51/91 for supporting upright members of the storage and retrieval system, wherein the floor rail is provided with a first aperture (fig 12) for mounting the threaded elongate member 109 on the floor rail through the first aperture, wherein the floor rail is provided with a channel 92 for receiving the threaded nut 111 (fig. 10, 20 and 35), wherein the channel extends from the aperture in a longitudinal direction of the floor rail, wherein, in a first state of the levelling assembly; the threaded elongate member 109 is in contact with the floor surface and is with the threaded nut 111; the threaded nut is received in the channel 92; and the threaded nut is rotationally immobilized relative to the channel so that, in response toa rotational force applied on the threaded elongate member 109, the floor rail is movable in a vertical direction (para 0079-0081).
As noted, Wilson ‘208 teaches wherein the floor rail is provided with a first aperture (fig 12) for mounting the threaded elongate member 109 on the floor rail through the first aperture. The examiner submits that outfitting a floor rail with a plurality of apertures in addition to the first aperture is an obvious modification and a mere duplication of parts.
In fact, Stener ‘021 teaches a rail system, wherein the rail includes a plurality of apertures 1402/1408 that each extends from an upper surface of the floor rail to a lower surface, and each aperture is sized to receive a member therethrough (fig. 8 – col. 12, lines 11-30). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the rail taught in Wilson ‘208 with the rails having a plurality of apertures as taught in Stener ‘021 in order that the positioning of the structure may be adjustable relative to the rail.
Regarding claim 2, Wilson ‘208, as modified, discloses wherein the channel comprises a T-shaped slot 92 on an upper face of the floor rail, the T-shaped slot communicating with the first aperture (fig. 12).
Regarding claim 3, Wilson ‘208, as modified, discloses wherein the threaded elongate member 109 is a bolt having a hex head and/or a socket cap head (so as to cooperate with T- nut 111). Noting that bolt 109 need only match the internal threads of the T-nut. It would have been obvious to one having ordinary skill in the art at the time the invention was made to use a hex head and/or a socket cap head, since the equivalence of a threaded elongated member and a hex head and/or a socket cap head for their use in the supports art and the selection of any known equivalents to fasten and support would be within the level of ordinary skill in the art
Regarding claim 4, Wilson ‘208, as modified, discloses wherein the levelling assembly further comprises a detachable base member 108 having a hole for receiving the threaded elongate member 109.
Regarding claim 5, Wilson ‘208, as modified, discloses wherein the hole of the base member 108 is at least partially threaded, as best understood.
Regarding claim 6, Wilson ‘208, as modified, discloses wherein the levelling assembly further comprises a foot member 107 connected to an end of the threaded elongate member 109.
Regarding claim 7, Wilson ‘208, as modified, could discloses wherein the foot member is compressible. Noting that it is known in the art to use compressible material for members that support relative toa floor surface. In fact, it would have been obvious to one having ordinary skill in the art before the time the invention was made to use a foot member that is compressible to offer a buffered means of support, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Regarding claim 9, Wilson ‘208, as modified, discloses wherein a second aperture, of the plurality of apertures (as modified by Stener ‘021 – fig. 8, col. 12, lines 11-30) is arranged in the floor rail 91/51, wherein the first and the second apertures delimit a central section of the floor rail and wherein an upright member is attached to the central section of the floor rail, the upright member being arranged midway between the first and the second apertures (figs. 1, 2, 11, 12, 23, 24, 35 — noting that panel 12 can be attached anywhere between the feet 107, per user discretion).
Regarding claim 10, Wilson ‘208, as modified, discloses wherein, in a second state of the levelling assembly, the threaded elongate member 109 is immobilized.
Regarding claim 11, Wilson ‘208, as modified, discloses wherein the threaded elongate member is immobilized in a vertical direction by means of a locknut 108 engaging with the threaded elongate member 109 and abutting against the floor rail (fig. 20).
Regarding claim 12, Wilson ‘208, as modified, discloses wherein the threaded nut 111 is dimensioned to fit tightly in the channel 92 (fig. 20).
Concerning method claims 13-14 in view of the structure disclosed by Wilson ‘208, as modified below, the method of operating the device would have been obvious, since it is the normal and logical manner in which the device could be used.
Regarding claim 13, Wilson ‘208, as modified, discloses a method, using a levelling assembly, for taking up irregularities in a floor surface supporting a storage and retrieval system for storing goods holders, the levelling assembly comprising; a threaded elongate member 109; a threaded nut 111 for engaging with the threaded elongate member; and a floor rail 91/51 provided on the floor surface and for supporting upright members of the storage and retrieval system, wherein the floor rail is provided with a channel 92 extending from the aperture (fig. 12) in a longitudinal direction of the floor rail, the method comprising: inserting the threaded elongate member 109 engaged with the threaded nut 111 into a first aperture in the floor rail (fig. 12); arranging the threaded nut 111 in the channel by sliding the threaded elongate element 109 engaged with the threaded nut into the channel 92 of the floor rail so that the threaded nut is rotationally immobilized relative to the channel; and applying a rotational force so that the threaded elongate member rotates and the floor rail moves in a vertical direction (para 0079- 0081).
As noted, Wilson ‘208 teaches wherein the floor rail is provided with a first aperture (fig 12) for mounting the threaded elongate member 109 on the floor rail through the first aperture. The examiner submits that outfitting a floor rail with a plurality of apertures in addition to the first aperture is an obvious modification and a mere duplication of parts.
In fact, Stener ‘021 teaches a rail system, wherein the rail includes a plurality of apertures 1402/1408 that each extends from an upper surface of the floor rail to a lower surface, and each aperture is sized to receive a member therethrough (fig. 8 – col. 12, lines 11-30). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the rail taught in Wilson ‘208 with the rails having a plurality of apertures as taught in Stener ‘021 in order that the positioning of the structure may be adjustable relative to the rail.
Regarding claim 14, Wilson ‘208, as modified, discloses further comprising: immobilizing the threaded elongate member 109 (para 0080-0081).
Regarding claim 15, Wilson ‘208, as modified, discloses wherein the floor rail is configured such that the threaded elongate member 109, when in contact with the floor surface and in engagement with the threaded nut 111 received in the channel 92 , protrudes beyond an upper face of the floor rail (figs 11- 13, 19-20).
Regarding claim 16, Wilson ‘208, as modified, discloses wherein the channel comprises a T-shaped slot on an upper face of the floor rail, the T-shaped slot communicating with the first aperture.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO 2005/078208 to Wilson in view of US 11,572,021 to Stener as applied to claim 1 above, and further in view of US 2015/0320213 to Sorrell.
Regarding claim 8, Wilson ‘208, as modified, discloses a connection means between threaded elongate member 109 and the foot member 107. The examiner submits that it is well known in support arts to include a ball joint connection between a threaded member and a foot to aid in leveling and adjustment relative to various orientated surfaces.
In fact, Sorrell ‘213 teaches a connection means between threaded elongate member 15 and the foot member 18 is a ball joint 19 (figs 2-3). It would have been obvious to one having ordinary skill in the art before the time the invention was made to modify the connection taught in Wilson ‘208, as modified, with the ball joint connection as taught in Sorrell ‘213 in order to aid in leveling and adjustment relative to various orientated surfaces.
Response to Arguments
Applicant’s arguments to the claim amendments, filed 9/29/25, with respect to the rejection(s) of claim(s) 1 and 13 under WO 2005/078208 to Wilson have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of US 11,572,021 to Stener.
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 MONICA E MILLNER whose telephone number is (571)270-7507. The examiner can normally be reached M-F 8am-4:00pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Terrell McKinnon can be reached at 571-272-4797. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MONICA E MILLNER/Primary Examiner, Art Unit 3632