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 Arguments
Applicant’s arguments with respect to claim(s) 2/17/2026 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.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
Claims 3-6 and 9-16 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claims 3 and 9 recite “said first protrusion comprises a rearwardly extending ledge extending from an upper longitudinal edge of the first panel” –the first protrusion (78) does not extend from an upper longitudinal edge of the first panel – at least tongue (102) and support member (115) are above the protrusion which constitute the upper longitudinal edge of the panel. Appropriate correction is required.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 3-6 and 9-16 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 3 and 9 recite “said first protrusion comprises a rearwardly extending ledge extending from an upper longitudinal edge of the first panel” – as best understood, the protrusion (78) does not extend from an upper longitudinal edge of the first panel – at least tongue (102) and support member (115) are above the protrusion which constitute the upper longitudinal edge of the panel. 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.
Claim(s) 1-15 and 17-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kosch (US 11805925) in view of Mack (US 20210156644). Kosch teaches a storage system comprising a first panel (14 or 16) having a first protrusion; a second panel (other of 14, 16) having a second protrusion, said second panel proximate said first panel; a first engagement member (see annotated figure) extending from said first protrusion, a second engagement member (see annotated figure) extending from said second protrusion, a slot (see annotated figure) between said first and second panels, wherein a cavity (see annotated figure) extends upwardly from said slot; and an accessory (68) having a bracket adapted to fit in said slot, wherein said bracket has a retaining member and a portion of said retaining member is adapated to fit within said cavity, wherein said cavity is located at least partially behind a portion of said first panel, wherein said fist and second engagement members extend rearwardly from the panels and support the panels in spaced relation an interior wall (see annotated figure). Although Kosch does not show said accessory in said slot, such arrangement would have been obvious to one of ordinary skill in the art since the accessory would perform equally well in any of the grooves. Accordingly, Kosh teaches wherein said retaining member engages a retention surface adjacent said cavity, and wherein said accessory abuts at least a portion of said second panel when engaged with said retention surface. However, Kosch does not teach the storage system is attached to a wall of a storage compartment. Mack teaches a storage system attached to a wall of a storage compartment (figure 1; 0029). Kosch and Mack are analogous because they are from the same field of endeavor, i.e. storage systems. Before the effective filing date of the invention, it would have been obvious to include the storage system of Kosch in a storage compartment as taught by Mack. The motivation would have been to provide a convenient and modifiable storage system. Therefore, it would have been obvious to modify the invention to Kosch as specified in claim 1. Accordingly, Kosch as modified teaches wherein said first engagement member is attached to the interior wall of the storage compartment; said second engagement member attached to the interior wall of the storage compartment, and wherein said fist and second engagement members extend rearwardly from the panels and support the panels in spaced relation the interior wall of the storage compartment.
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With regards to claims 2, 8, and 16, said slot is generally horizontal.
In regards to claims 3 and 9, said first protrusion comprises a rearwardly extending ledge extending from an upper longitudinal edge of the first panel.
With regards to claims 4 and 10, said first engagement member extends downwardly from said ledge.
In regards to claims 5 and 11, said second protrusion comprises a rearwardly extending back support member located between an upper and lower longitudinal edge of the second panel.
With regards to claims 6, 12, and 17 said accessory is a barrel rest.
In regards to claims 13 and 18, said compartment wall is adapted to be fire resistant (Mack: 0022)
Regarding claim 7, Kosch as modified (see above discussion) teaches a compartment with a wall-mounted storage system comprising: a compartment wall (Mack: 30) having a first side and a second side, said first side facing the interior of said compartment and said second side facing the exterior of said compartment; a first panel (Kosch: 14 or 16) having a first protrusion; a second panel (Kosch: other of 14, 16) having a second protrusion, said second panel proximate said first panel; a first engagement member extending from said first protrusion, said first engagement member secured to said first side of said compartment wall; a second engagement member extending from said second protrusion, said second engagement member secured to said first side of said compartment wall; a slot between said first and second panels, wherein a cavity extends upwardly from said slot; and an accessory having a bracket adapted to fit in said slot, wherein said bracket has a retaining member and a portion of said retaining member is adapted to fit within said cavity, wherein said cavity is located at least partially behind a portion of said first panel, wherein said first and second engagement members extend rearwardly from the panels and support the panels in spaced relation from said first side of said compartment wall, wherein said retaining member engages a retention surface adjacent said cavity, and wherein said accessory abuts at least a portion of said second panel when engaged with said retention surface.
Regarding claim 15, Kosch as modified (see above discussion) teaches a compartment with wall-mounted storage system comprising: a compartment wall (Mack: 30) having a first side and a second side, said first said facing the interior of said compartment and said second side facing the exterior of said compartment; a first panel sheet (Kosch: 14 or 16) having a plurality of panels, wherein at least one of said plurality of panels on said first panel sheet includes an engagement member secured to said first side of said compartment wall, wherein said first panel sheet includes a channel; a second panel sheet (Kosch: other of 14, 16) having a plurality of panels, wherein at least one of said plurality of panels on said second panel sheet includes an engagement member secured to said fist side of said compartment wall, wherein said second panel sheet includes a tongue and said tongue is received within said channel; a slot formed between at least two of said plurality of panels on said first panel sheet; and an accessory (Kosch: 68) having a bracket adapted to fit in said slot, wherein a cavity extends upwardly from said slot and is located at least partially behind a portion of one of said plurality of panels, wherein the engagement members extend rearwardly from protrusions formed on the respective panels and support the panels in spaced relation from said first side of said compartment wall, and wherein said bracket includes a retaining member having a portion adapted to fit within said cavity and engage a retention surface adjacent said cavity such that the accessory abuts at least a portion of an adjacent panel when engaged with said retention surface.
Claim(s) 16 and 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kosch (US 11805925) in view of Mack (US 20210156644), and in further view of Shaha et al. (US 20090230067). Kosch as modified, teaches the invention of claims 15 and 18. However, Kosch as modified does not teach wherein said compartment wall includes gypsum board. Shaha et al. teach a storage system comprising a wall of gypsum board (8; 0056). Kosch and Shaha et al. are analogous because they are from the same field of endeavor, i.e. storage systems. Before the effective filing date of the invention, it would have been obvious to modify the invention to Kosch (as modified) to include gypsum board within the compartment wall. The motivation would have been to provide an easy and convenient support wall to attach the panels thereto. Furthermore, it has been held to be within the general skill of a worker in the art to select known material on the basis of its suitability for the intended use as a matter of obvious design choice. Therefore, it would have been obvious to modify the inventio to Kosch as specified in claims 16 and 19.
Regarding claim 20, said compartment wall includes a generally vertical reinforcement member (Kosch: 12 or 18) proximate said gypsum board.
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kosch (US 11805925) in view of Mack (US 20210156644) and Shaha et al. (US 20090230067), and in further view of Olsen (US 20100115858). Kosch as modified, teaches the invention of claim 19. However, Kosch as modified does not teach a vertical reinforcement member. Olsen teaches a safe compartment structure for firearms (0013) comprising a generally vertical reinforcement member (70) proximate the wall. Before the effective filing date of the invention, it would have been obvious to include reinforcement members with the invention to Kosch (as modified). The motivation would have been to increase the structural rigidity/safety of the compartment. Therefore, it would have been obvious to modify the invention to Kosch (as modified) as specified in claim 20.
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 JONATHAN LIU whose telephone number is (571)272-8227. The examiner can normally be reached Monday-Thurs, 6-6.
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/JONATHAN LIU/Supervisory Patent Examiner, Art Unit 3631