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 .
Allowable Subject Matter
Claim 12 is allowed.
Claim Objections
Claim 7 is objected to because of the following informalities: for better claim construction and consistency throughout the claims the examiner suggests the following amendment:
Claim 7, line 2: -- for receiving [[a]] the one of the at least two vertical members therethrough--. Appropriate correction is required.
Claim 10 is objected to because of the following informalities: for better claim construction and consistency throughout the claims the examiner suggests the following amendment:
Claim 10, line 7: -- a portion [[pf]] of a --. Appropriate correction is required.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-3 and 9 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Thurston 2024/0065435.
Regarding claim 1, Thurston discloses an expandable rack assembly (Figs 20 & 21c, #2010), comprising:
a body defined by at least two vertical members (annotated Fig 20 below) each carrying at least one expandable shelf support member (annotated Figs 20 & 21c below); and
at least one shelf unit (annotated Fig 20 below) supported at opposed ends thereof by the at least one expandable shelf support member (annotated Fig 20 below);
wherein the at least one expandable shelf support member (annotated Figs 20 & 21c below) comprises a pair of shelf support arms (annotated Figs 20 & 21c below) carried by a central portion (annotated Fig 20 below), at least one of the pair of shelf support arms (annotated Figs 20 & 21c below) being adapted for lateral displacement relative to the central portion (annotated Fig 20 below).
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Regarding claim 2, Thurston discloses the expandable rack assembly wherein the at least one shelf unit (annotated Figs 20 above & below) is defined by a plurality of bars (annotated Fig 20 below) carried in substantially parallel orientation to one another (as shown in Fig 20).
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Regarding claim 3, Thurston discloses the expandable rack assembly wherein the at least one shelf unit (annotated Figs 20 above) is defined by three bars (annotated Fig 20 above) carried in substantially parallel orientation to one another.
Regarding claim 9, Thurston discloses the expandable rack assembly comprising a number of shelf units (annotated Figs 20 above) selected from the group consisting of 1, 2, 3, 4, 5, and 6.
Claims 1-2, 4-5, and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Coat FR2525189.
Regarding claim 1, Coat discloses an expandable rack assembly (Fig 4), comprising:
a body defined by at least two vertical members (annotated Fig 4 below) each carrying at least one expandable shelf support member (annotated Fig 4 below); and
at least one shelf unit (annotated Fig 4 below) supported at opposed ends thereof by the at least one expandable shelf support member (annotated Fig 4 below);
wherein the at least one expandable shelf support member (annotated Fig 4 below) comprises a pair of shelf support arms (annotated Fig 4 below) carried by a central portion (annotated Fig 4 below), at least one of the pair of shelf support arms (annotated Fig 4 below) being adapted for lateral displacement relative to the central portion (annotated Fig 4 below).
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Regarding claim 2, Coat discloses the expandable rack assembly wherein the at least one shelf unit (annotated Fig 4 above) is defined by a plurality of bars carried in substantially parallel orientation to one another (as shown in Fig 4).
Regarding claim 4, Coat discloses the expandable rack assembly wherein a portion of each of the pair of shelf support arms (annotated Fig 4 above) is configured to be received telescopingly within a central portion arm (annotated Fig 4 above) .
Regarding claim 5, Coat discloses the expandable rack assembly further including a support arm catch (annotated Fig 4 below) for selectively allowing or preventing lateral displacement of each of the pair of shelf support arms (annotated Fig 4 above).
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Regarding claim 9, Coat discloses the expandable rack assembly comprising a number of shelf units (annotated Fig 4 above) selected from the group consisting of 1, 2, 3, 4, 5, and 6 (as shown in Fig 4).
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 6-8 and 10-17 are rejected under 35 U.S.C. 103 as being unpatentable over Coat FR2525189 in view of Burg 4,864,795.
Regarding claims 6-8, 10, 15 and 16, Coat has been discussed above but does not explicitly teach wherein the central portion is adapted to be selectively vertically displaced along a portion of a length dimension of a one of the at least two vertical members (claims 6 & 10);
wherein the central portion defines a through-bore for receiving a one of the at least two vertical members therethrough (claims 7 & 15); wherein the central portion includes a shelf support member catch for selectively allowing or preventing the vertical displacement of the central portion (claims 8 & 16).
Burg discloses an expandable rack assembly (Fig 10) comprising a central portion (Fig 10, #132) that is adapted to be selectively vertically displaced along a portion of a length dimension of a one (Fig 10, #142) of at least two vertical members (Fig 10, #142 & #120) (claims 6 & 10); wherein the central portion (Fig 10, #132) defines a through-bore (Fig 2, #44) for or capable of receiving the one (Fig 10, #142) of the at least two vertical members (Fig 10, #142 & #120) therethrough (claims 7 & 15);
wherein the central portion (Fig 10, #132) includes a shelf support member catch (annotated Fig 2 below) capable of being used for selectively allowing or preventing the vertical displacement of the central portion (Fig 10, #132) (claims 8 & 16).
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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 modify the central portion (Coat, annotated Fig 4 above) to have a hole or through bore (Burg, Fig 2, #44) which receives the one of the at least two vertical members (Coat, annotated Fig 4 above) and a shelf support member catch (Burg, annotated Fig 2 above) because the substitution of one known connection means for another would have yielded predictable results to one of ordinary skill in the art at the time of the invention. Further, the through bore (Burg, Fig 2, #44) and a shelf support member catch (Burg, annotated Fig 2 above) will reduce the weight of the central portion (Coat, annotated Fig 4 above) of Coat and make the central portion (Coat, annotated Fig 4 above) of Coat more aesthetically appealing.
Regarding claim 11, modified Coat discloses the expandable rack assembly wherein the at least one shelf unit (Coat, annotated Fig 4 above) is defined by a plurality of bars carried in substantially parallel orientation to one another (Coat, as shown in Fig 4).
Regarding claim 13, modiifed Coat discloses the expandable rack assembly wherein a portion of each of the pair of shelf support arms (Coat, annotated Fig 4 above) is configured to be received telescopingly within a central portion arm (Coat, annotated Fig 4 above) .
Regarding claim 14, modified Coat discloses the expandable rack assembly further including a support arm catch (Coat, annotated Fig 4 below) for selectively allowing or preventing lateral displacement of each of the pair of shelf support arms (Coat, annotated Fig 4 above).
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Regarding claim 17, modified Coat discloses the expandable rack assembly comprising a number of shelf units (Coat, annotated Fig 4 above) selected from the group consisting of 1, 2, 3, 4, 5, and 6 (Coat, as shown in Fig 4).
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