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 § 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 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 of this title, 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 1-19 are rejected under 35 U.S.C 103(a) as being unpatentable over US Patent No.: 755615 (“CHATTERTON”) view of US Patent No: 4562927 (“Fredrickson”) and US Patent No.: 2802576 (“Kelling”).
Regarding Claims 1, 7 and 13 CHATTERTON discloses display case(B) for organizing and displaying products, comprising:
a left panel, a right panel, and a top panel (as seen in Figs. 2 and 4)
a back panel attached to the left and right panels (best seen in Fig. 4); a plurality of shelves (b) attached horizontally between the left and right frames such that the plurality of shelves (b), left panel, right panel, top panel, and back panel form a plurality of compartments (behind each door a, along each shelf) for storing and displaying product (for supporting merchandise, pg 1: lines 89-95); a plurality of door panels (a), each one of the door panels (a) configured to cover the front of a corresponding one of the plurality of compartments, wherein each door panel (a) is moveable between vertical position in which the door panel (a covers a front of the corresponding compartment and a horizontal position in which the door panel (a) is retracted into the corresponding compartment such that the front of the compartment is open.
CHATTERTON discloses the claimed invention but does not disclose the display with each panel attached to a left right, right and top frame, and the one or more product racks with hanging pegs.
Fredrickson demonstrates it is well known in the art to form a display unit with a left frame (16, 17), a right frame (15, 17), and a top frame (supporting 56) attached together to form a rigid structure; a left panel (14), a right panel (14), and a top panel (56) attached to the left frame (16, 17), right frame (15, 17) , and top frame (supporting 56), respectively, and a back panel (as seen in Fig. 3) attached to the left and right frames (16, 17) .
It would have been obvious to one having skill in the art before the effective filing date of the invention that the display case taught by CHATTERTON could be improved with a frame attached to the left, right, back and top panel, in a manner similar to the display taught by Fredrickson to provide an improved structure unit with upper and lower segments that is easily assembled and dissemble making it easy to package, transport and ship.
Kelling demonstrates it is well known in the art to form a display unit with one or more product racks (66, 67, 68, 69) having a hanging peg (80) ,wherein each product rack is configured to display products in a hanging orientation from said hanging peg (80 ,as seen in Fig. 2)
It would have been obvious to one having skill in the art before the effective filing date of the invention that the display case could be improved with one or more product racks having a hanging peg and positioned within one or more of the compartments, wherein each product rack is configured to display products in a hanging orientation from said hanging peg, to provide a display unit that can be easily adapted to suspended packages of various sizes within one or more compartments in a manner similar to the display rack taught by Kelling.
Regarding Claims 2, 8 and 14 , the combination discloses (CHATTERTON) further comprising left and right door tracks (D) positioned attached to the left and right frames, respectively, within each of the plurality of compartments, the door tracks (D) configured to support left and right edges of a door panel (a) to allow the panel to be slidably retracted into the compartment (along each shelf).
Regarding Claims 3, 9 and 15 the combination discloses (CHATTERTON) further comprising left and right door retaining pins (extending from E, e’) positioned within each compartment and wherein a top edge of each of the plurality of door panels (a) is curved inwardly and downwardly to form a “U”-shaped channel (along e’) configured to pivot about the corresponding left and right door retaining pins (as seen in Figs. 13-14).
Regarding Claims 4, 10 and 16, the combination discloses (CHATTERTON) wherein the left and right door retaining pins (extending from E, e’) are attached to the left and right frames (via each track), respectively, such that they are aligned with the left and right door tracks (D) within each compartment.
Regarding Claim 17, the combination discloses (CHATTERTON) further comprising a door panel stop (pin is configured as a biasing stop, as seen in Fig. 15-16) located in at least one of said left and right door tracks (D , the pin is capable of being configured to stop the pin along the track pg 2, line 120- pg 3: line 12).
Regarding Claims 5-6, 11-12 and 18-19, both Fredrickson and Glaberston et al. discloses product racks capable of supporting products in a vertical direction. Furthermore, Fredrickson discloses Claims 5, 11 and 18, wherein each of the left, right, and top panels are advertising panels along each side and the top, as seen in Fig. 1), having text and graphical depictions printed thereon ; and Claims 6, 12 and 19- further comprising one or more second product racks (supporting the bottles) positioned within one or more of the compartments, wherein each said second product rack (supporting the bottles) is configured to display products in a vertical orientation.
It would have been obvious to one having skill in the art before the effective filing date of the invention that the display case taught by the combination could be enhanced with product text and graphical information to grab the customers attention, with racks for supporting products vertically along each shelf, as it is well known in the art to use aesthetically appealing displays with product and advertisement information to grab the customers attention (col. 1 :line 54- col. 2:10).
Response to Arguments
Applicant’s arguments with respect to claims 1-19 have been considered but are moot because the arguments do not apply to any of the references being applied in the current rejection.
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIMBERLEY S WRIGHT whose telephone number is (571)270-3328. The examiner can normally be reached on M-F 11:30-5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Daniel Troy can be reached on 5712703742. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KIMBERLEY S WRIGHT/Primary Examiner, Art Unit 3637
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