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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 29 August 2025 has been entered.
Claim Objections
Claim 40 is objected to because of the following informalities: In line 9, the recitation “hook;; and” should be “hook; and”.
Appropriate correction is required.
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.
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) 21, 25-26, 28-30, 40-46, 48, and 50 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2016/0341470 A1 (Brown) in view of DE 10 2009 002 503 A1 (Schmidt), US 2015/0023000 A1 (Kendall), and US 9,287,021 B2 (Hammond).
With respect to claim 21: Brown discloses a shelf assembly for an enclosure, the shelf assembly comprising: a shelf panel (panel 158) having an upper surface, a lower surface, and an edge extending between the upper and lower surfaces, the upper surface being capable of supporting articles thereon (at least Figs. 3-4 and 6-8); first and second side brackets (first arm 154 and second arm 156) coupled to the shelf panel along respective first and second lateral portions thereof, each of the first and second side brackets having an interior surface disposed below the shelf panel (at least Figs. 3 and 8) and a rear coupling portion configured to releasably mount to structure of the enclosure (rear portion that includes hook 168, 170 and nub 172, 174), wherein the first side bracket comprises a main body portion (vertical main body portion in Figs. 3 and 5-8); a first light (light source 180) coupled to and extending along the interior surface of the first side bracket ([0031]: “in other exemplary embodiments, the light source 180 may be attached to an inside surface of one or both of the first arm 154 and second arm 156”); and wherein the rear coupling portion of one or both of the first and second side brackets includes a hook (hook 168, 170) for engaging the structure of the enclosure, the structure of the enclosure being configured to provide power to illuminate the first light (light source 180 receives power through probes 176, 178 – see [0028]-[0039]).
Brown discloses wherein the first side bracket comprises a main body portion (vertical main body). It appears from Brown Figs. 3 and 6 that the arm 154, 156 meets “and an inwardly extending upper flange” as claimed.
If Brown’s arm 154, 156 is held to not meet “and an inwardly extending upper flange” as claimed, see Kendall Fig. 4. Kendall Fig. 4 shows brackets 26 include a vertical main body portion and an inwardly extending upper flange.
Hammond Figs. 2-3 and col. 2, lines 30-38 disclose attaching a glass 205 of a shelf 110 to a bracket 115 using adhesive 305.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Brown’s arms 154, 156 to have an inwardly extending upper flange, as Kendall’s brackets 26 do, in order to provide structure for supporting Brown’s panel 158 from below and/or for providing structure to attach arms 154, 156 and panel 158 with Hammond’s adhesive 305.
Brown’s light source 180 does not meet “a first light housing…the first light housing is disposed in a corner between the main body and the upper flange of the first side bracket with the upper flange disposed between the first light housing and the shelf panel, the first light housing having one or more light sources received therein” as claimed.
Schmidt’s lighting elements 13 extend along the sides of a shelf 9 inside a refrigerator, similarly to Brown’s disclosed light source(s) 180. Schmidt’s lighting elements 13 include a housing 19, with LEDs 37 on a circuit board 35 inside the housing 19 (Schmidt Fig. 3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention for the light source(s) 180 on the arm(s) 154 and/or 156 to include a housing with LEDs therein, because Schmidt shows that is known structure in the art for forming illumination means.
In the combination, housing 19 makes obvious the claimed “first light housing”, and the LEDs 37 make obvious the claimed “one or more light sources”.
Brown [0031] suggests hiding the light source 180 from view. See Kendall Fig. 4. When mounting a housing (like Schmidt’s housing 19) to a bracket that has a vertical main body and an inwardly extending upper flange (like Kendall’s bracket 26), it is obvious to position the housing in the corner between those two portions so that the housing/light is as hidden from view as possible.
This makes obvious “the first light housing is disposed in a corner between the main body and the upper flange of the first side bracket with the upper flange disposed between the first light housing and the shelf panel” as claimed.
Brown does not disclose the hook 168, 170 includes “an exposed conductive surface on the hook for engaging a contact on the structure” as claimed. Brown does not disclose the structure of the enclosure being configured to provide power “to the exposed conductive surface” as claimed.
In Brown’s invention, each of the arms 154, 156 has a probe 176, 178 that provides power for the lighting. Brown’s main focus is having to not disconnect and reconnect wires when the shelf is moved, as well as having the lighting and wires/connection means hidden from view (Brown [0039]).
Hammond Fig. 3 and cols. 1-4 disclose it is known in the art to have an exposed conductive surface on the hook (tab 315), to thereby provide an electrical connection that supplies electrical power to the lighting device on the shelf. Such exposed conductive surfaces may be left bare, or coated with the electrically conductive coating or material 320 shown in Hammond Fig. 3 (col. 3, lines 9-49). Hammond’s electrical connection means are functionally equivalent to those in Brown.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify one or both of Brown’s arms 154, 156 to have Hammond’s exposed surface (with or without Hammond’s conductive coating 320) on the hook 168, 170 - instead of having the probe 176, 178 - because these are functional equivalents in the art for providing an electrical connection between a shelf bracket and a shelf standard (support rail).
This modification is desirable in order to not have to separately provide the nub 172, 174 with the probe 176, 178 – as well as the first electrical bar 184 and/or second electrical bar (not numbered).
In the modification, it is obvious for one or both of the arms 154, 156 to have such an exposed conductive surface. Either 1) both arms 154 and 156 have the exposed conductive surface, and both probes 176 and 178 are replaced; or 2) only one arm 154 or 156 has the conductive surface, and only one probe 176 or 178 is replaced. In the latter configuration, one arm 154 or 156 may have both the exposed surface on the hook 168 or 170 and the probe 176 or 178 thereon (providing power via a single arm 154 or 156); or one arm 154 or 156 has the exposed surface, and the other arm 154 or 156 still has the probe 176 or 178 (providing power through both arms 154 and 156).
With respect to claim 25: The second page of the translation of Schmidt states, “The illuminating element may have a triangular profile in cross section”. The third page of the translation of Schmidt says housing 19 is “approximately triangular in cross-section”. In the combination, this makes obvious “wherein the first light housing cross- section is generally triangular” as claimed.
With respect to claim 26: Schmidt Fig. 3 makes obvious wherein the one or more light sources (LEDs 37) are disposed within an interior of the light housing, the interior defined by one or more walls (leg 21, leg 23, base section 25, floor 29, etc.).
With respect to claim 28: Brown [0031] states that light source 180 may be positioned on both arms 154 and 156. Brown, as modified, meets further comprising a second light housing coupled to and extending along the interior surface of the second side bracket (light source 180 on arm 154), the second light housing (like Schmidt’s housing 19) having one or more light sources (Schmidt’s LEDs 37) received therein to be mounted and electrically coupled to the second side bracket.
With respect to claim 29: Brown Figs. 3-4 show “wherein the first side bracket further comprises a rear end and a front end” as claimed.
Schmidt page 2 states that the lighting elements 13 extend over almost the entire depth of the cold room 1.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have the lights on arms 154, 156 extend entirely between the front and rear ends of the arms 154, 156 in order to provide illumination throughout the depth of Brown’s fresh food chamber 118.
This makes obvious “and wherein the first light housing extends entirely between the rear end and the front end along the interior surface of the side bracket” as claimed.
With respect to claim 30: Schmidt Fig. 3 shows the light from LEDs 37 emitted obliquely downward (downward and non-vertical), as indicated by the arrows. In the combination, Schmidt Fig. 3 makes obvious “wherein the one or more light sources include at least one light oriented downward relative to a horizontal plane of the shelf panel in a range of 5 degrees to 90 degrees” as claimed.
With respect to claim 40: By making the same combinations/modifications as in the rejections above, the prior art makes obvious a shelf assembly for an enclosure, the shelf assembly comprising: a shelf panel (Brown’s panel 158) having an upper surface, a lower surface, and an edge extending between the upper and lower surfaces, the upper surface being capable of supporting articles thereon (at least Brown Figs. 3-4 and 6-8); first and second side brackets (Brown’s arms 154 and 156) coupled to the shelf panel along respective lateral portions thereof, each of the first and second side brackets having a main body (Brown Figs. 3-4), an inwardly extending upper flange (see the rejection of claim 21 regarding this specific limitation), an interior surface disposed below the shelf panel (at least Brown Figs. 3 and 8), a rear end, a front end (Brown Figs. 3-4), and a rear coupling portion configured to releasably mount to structure of the enclosure (rear portion that includes hook 168, 170 and nub 172, 174 in Brown’s figures – as modified in the rejection of claim 21), the rear coupling portion including a hook (hook 168, 170) and an exposed conductive surface on the hook (as in Hammond’s disclosure); and first and second light housings (Brown’s light sources 180, formed in part by Schmidt’s housings 19) coupled to the respective first and second side brackets, each of the first and second light housings disposed in a corner defined by the respective first and second side brackets between the interior surface and a bottom surface of the upper flange such that the upper flanges are disposed between the first and second light housings and the shelf panel (see the rejection of claim 21 regarding this specific limitation), the first and second light housings each having one or more light sources (Schmidt’s LEDs 37) received therein; wherein a connection between the exposed conductive surface on the hook of the rear coupling portion of the first and second side brackets and the enclosure is configured to provide power to illuminate the one or more light sources (Brown [0028]-[0039] and Hammond cols. 1-4); and wherein each of the first and second light housings includes a generally triangular cross-section (The second page of the translation of Schmidt states, “The illuminating element may have a triangular profile in cross section”. The third page of the translation of Schmidt says housing 19 is “approximately triangular in cross-section”.).
Regarding the limitation to the first and second light housings “extending from the rear end to the front end of the respective first and second side brackets”, Schmidt page 2 states that the lighting elements 13 extend over almost the entire depth of the cold room 1.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have the lights on arms 154, 156 extend entirely between the front and rear ends of the arms 154, 156 in order to provide illumination throughout the depth of Brown’s fresh food chamber 118.
With respect to claim 41: In the combination, Kendall Fig. 4 makes obvious wherein the interior surface of the first side bracket comprises (a) the bottom surface of the upper flange (bottom surface of horizontal flange of bracket 26) and/or (b) an interior side surface of the main body (interior surface of vertical body of bracket 26).
With respect to claim 42: As discussed in the rejection of claim 21, the prior art makes obvious “wherein the first and second light housings are disposed in a corner between the main body and the upper flange of the respective first and second side brackets” as recited in the claim.
With respect to claim 43: Schmidt Fig. 3 makes obvious wherein the one or more light sources (LEDs 37) are disposed within an interior of the light housing, the interior defined by one or more walls (leg 21, leg 23, base section 25, floor 29, etc.).
With respect to claim 44: Brown [0031] states that light source 180 is beneath panel 158. Brown, as modified, meets “wherein the first and second light housings are disposed entirely below the lower surface of the shelf panel” as claimed.
With respect to claim 45: Schmidt Fig. 3 shows the light from LEDs 37 emitted obliquely downward (downward and non-vertical), as indicated by the arrows. In the combination, Schmidt Fig. 3 makes obvious “wherein the one or more light sources include at least one light oriented downward relative to a horizontal plane of the shelf panel in a range of 5 degrees to 90 degrees” as claimed.
With respect to claim 46: Brown, as modified, meets wherein the connection between the one or more light sources and the enclosure comprises a connection between one or both of the first and second side brackets and the structure of the enclosure (Brown [0028]-[0039]).
With respect to claim 48: Hammond col. 3, lines 16-49 disclose that bracket 115 is made of a conductive material, and all areas not used to conduct electricity are coated in a non-electrically conductive coating or material.
In the combination, Hammond makes obvious wherein the one or both of the first and second side brackets includes a non-conductive coating extending around the exposed conductive surface.
With respect to claim 50: Hammond col. 3, lines 16-49 disclose that bracket 115 is made of a conductive material, and all areas not used to conduct electricity are coated in a non-electrically conductive coating or material.
In the combination, Hammond makes obvious wherein the first and second side brackets each include a non-conductive coating extending around the exposed conductive surface.
Claim(s) 31, 35, 37, 39, 47, and 49 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2016/0341470 A1 (Brown) in view of DE 10 2009 002 503 A1 (Schmidt), US 6,827,463 B2 (Chuang), and US 9,287,021 B2 (Hammond).
With respect to claim 31: Brown discloses a shelf assembly for an enclosure, the shelf assembly comprising: a shelf panel (panel 158) having an upper surface, a lower surface, and an edge extending between the upper and lower surfaces, the upper surface being capable of supporting articles thereon (at least Figs. 3-4 and 6-8); first and second side brackets (first arm 154 and second arm 156) coupled to the shelf panel along respective first and second lateral portions thereof, each of the first and second side brackets having a top edge (Figs. 3-8), a bottom edge (Figs. 3-8), an interior surface disposed below the shelf panel (at least Figs. 3 and 8) extending between the top edge and the bottom edge (Figs. 3-8), and a rear coupling portion configured to releasably mount to structure of the enclosure (rear portion that includes hook 168, 170 and nub 172, 174), the rear coupling portion including a hook (hook 168, 170); a first light (light source 180) coupled to and extending along the interior surface of the first side bracket ([0031]: “in other exemplary embodiments, the light source 180 may be attached to an inside surface of one or both of the first arm 154 and second arm 156”); and wherein a connection between the rear coupling portion of the first and second side brackets and the enclosure is configured to provide power to illuminate the first light (light source 180 receives power through probes 176, 178 – see [0028]-[0039]).
Brown’s light source 180 does not meet “a first light housing…the first light housing having one or more light sources received therein” as claimed.
Schmidt’s lighting elements 13 extend along the sides of a shelf 9 inside a refrigerator, similarly to Brown’s disclosed light source(s) 180. Schmidt’s lighting elements 13 include a housing 19, with LEDs 37 on a circuit board 35 inside the housing 19 (Schmidt Fig. 3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the light source(s) 180 to include a housing with LEDs therein, because Schmidt shows that is known structure in the art for forming illumination means.
In the combination, housing 19 makes obvious the claimed “first light housing”, and the LEDs 37 make obvious the claimed “one or more light sources received therein”.
Brown does not disclose the light source 180 positioned “between the top edge and the bottom edge adjacent to the rear coupling portion” as claimed.
Brown [0031] states that light source 180 may be positioned in any suitable location. As an example, Brown suggests the inside surface of one or both of first arm 154 and second arm 156.
Chuang Fig. 3 and col. 2, lines 34-42 disclose light sources 50 proximate back area 34 of display space 18, at the rear portion of the not-numbered shelves. This prevents heat from light source 50 affecting the temperature of front viewing area 30 near the air curtain 46, thereby keeping area 30 and permitting display case 14 to work more efficiently. This contrasts prior art light sources 23 being positioned proximate to the air curtain 46 (Chuang Fig. 1 and col. 2, lines 11-33).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Brown’s light sources 180 to be located adjacent to the hooks 168, 170 and nubs 172, 174 of the arms 154, 156, in order to adapt Brown’s lighted shelving for use in an efficient open-front display case with an air curtain (like the one in Chuang).
It is obvious to have the light sources 180 extend between the top edge and the bottom edge of the arms 154, 156 in order to maximize the light output capability thereof and/or provide a similar amount of lighting as the light source 180 of Brown Fig. 6.
Brown does not disclose “an exposed conductive surface on the hook” as claimed. Brown does not disclose the exposed conductive surface on the hook connects to the enclosure to provide power for the light sources 180.
In Brown’s invention, each of the arms 154, 156 has a probe 176, 178 that provides power for the lighting. Brown’s main focus is having to not disconnect and reconnect wires when the shelf is moved, as well as having the lighting and wires/connection means hidden from view (Brown [0039]).
Hammond Fig. 3 and cols. 1-4 disclose it is known in the art to have an exposed conductive surface on the hook (tab 315), to thereby provide an electrical connection that supplies electrical power to the lighting device on the shelf. Such exposed conductive surfaces may be left bare, or coated with the electrically conductive coating or material 320 shown in Hammond Fig. 3 (col. 3, lines 9-49). Hammond’s electrical connection means are functionally equivalent to those in Brown.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify one or both of Brown’s arms 154, 156 to have Hammond’s exposed surface (with or without Hammond’s conductive coating 320) on the hook 168, 170 - instead of having the probe 176, 178 - because these are functional equivalents in the art for providing an electrical connection between a shelf bracket and a shelf standard (support rail).
This modification is desirable in order to not have to separately provide the nub 172, 174 with the probe 176, 178 – as well as the first electrical bar 184 and/or second electrical bar (not numbered).
In the modification, it is obvious for one or both of the arms 154, 156 to have such an exposed conductive surface. Either 1) both arms 154 and 156 have the exposed conductive surface, and both probes 176 and 178 are replaced; or 2) only one arm 154 or 156 has the conductive surface, and only one probe 176 or 178 is replaced. In the latter configuration, one arm 154 or 156 may have both the exposed surface on the hook 168 or 170 and the probe 176 or 178 thereon (providing power via a single arm 154 or 156); or one arm 154 or 156 has the exposed surface, and the other arm 154 or 156 still has the probe 176 or 178 (providing power through both arms 154 and 156).
With respect to claim 35: Schmidt Fig. 3 makes obvious wherein the one or more light sources (LEDs 37) are disposed within an interior of the light housing, the interior defined by one or more walls (leg 21, leg 23, base section 25, floor 29, etc.).
With respect to claim 37: Brown [0031] states that light source 180 may be positioned on both arms 154 and 156. Brown, as modified, meets further comprising a second light housing coupled to and extending along the interior surface of the second side bracket (light source 180 on arm 154), the second light housing (like Schmidt’s housing 19) having one or more light sources (Schmidt’s LEDs 37) received therein.
With respect to claim 39: Schmidt Fig. 3 shows the light from LEDs 37 emitted obliquely downward (downward and non-vertical), as indicated by the arrows. In the combination, Schmidt Fig. 3 makes obvious “wherein the one or more light sources include at least one light oriented downward relative to a horizontal plane of the shelf panel in a range of 5 degrees to 90 degrees” as claimed.
With respect to claim 47: The second page of the translation of Schmidt states, “The illuminating element may have a triangular profile in cross section”. The third page of the translation of Schmidt says housing 19 is “approximately triangular in cross-section”. In the combination, this makes obvious “wherein the first light housing cross- section is generally triangular” as claimed.
With respect to claim 49: Hammond col. 3, lines 16-49 disclose that bracket 115 is made of a conductive material, and all areas not used to conduct electricity are coated in a non-electrically conductive coating or material.
In the combination, Hammond makes obvious wherein the first and second side brackets each include a non-conductive coating extending around the exposed conductive surface.
Response to Arguments
The claim rejection under 35 U.S.C. § 112(a) made in the previous Office action is withdrawn, as the rejected claim was canceled in the latest claim amendments.
Applicant's arguments filed regarding the rejections under 35 U.S.C. § 103 have been fully considered but they are not persuasive.
The addition of US 9,287,021 B2 (Hammond) to the prior art rejections makes obvious the amended claim limitations to the hook and exposed conductive surface.
Conclusion
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/ANDREW ROERSMA/Primary Examiner, Art Unit 3637