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 Objections
Claim 9 is objected to because of the following informalities: the panel has a groove on an inner side thereof, the outer frame is fixed in the groove; the display cabinet and panel are not positively recited in claim 1, thus the recitation should be written with intended use language, e.g. , “configured to.” 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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
(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 1-3,6-7, 9-12, 15-16 and 18-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN 213282343 (“WANG et al.”).
Regarding Claim 1-3, 6, 7 and 9, WANG et al. discloses CLAIM 1- an accessory bracket (4) to be used in conjunction with a display cabinet (1) including a panel (top panel, see Fig.2), the accessory bracket (4) comprising:
an outer frame (411-416) including a fixing portion (415) configured to fix the accessory bracket (4) to the panel of the display cabinet (1);
a curtain mounting portion (417) disposed on the outer frame (411-416) and configured to mount a curtain capable of being coiled or unfolded; and
a lighting unit mounting portion (417,as disclosed on pages 3-5 ) disposed on an end portion of the outer frame (411-416) away from the panel, wherein
the outer frame (411-416), the curtain mounting portion (417), and the lighting unit mounting portion (421) are integrally connected; CLAIM 2-wherein the lighting unit mounting portion (421) is a lamp strip clamp (417), the lamp strip clamp (417) includes a lamp strip clamp bottom plate, a first clamp arm, and a second clamp arm, the first clamp arm and the second clamp arm are respectively arranged at two ends of the lamp strip clamp (417) bottom plate, and the lamp strip clamp (417) bottom plate is inclined relative to the panel along an extending direction of the lamp strip clamp (417) bottom plate; CLAIM 3-an air deflector (414) disposed at one end of the accessory bracket (4) away from the panel; CLAIM 6- wherein the outer frame (411-416, best seen in Figs. 2-3) includes a , a bottom plate, and a side plate (411 , 412), the top plate (at each side, see 415-416) and the bottom plate are oppositely arranged at two ends of the side plate (411 , 412), an area enclosed by the top plate (at each side, see 415-416), the bottom plate, and the side plate (411 , 412) is used for accommodating the curtain, and
the unfolded curtain extends out of the outer frame (411-416) through between the top plate (at each side, see 415-416) and the bottom plate; CLAIM 7- wherein
the curtain mounting portion (417) is a clamping structure, the clamping structure includes a clamping structure main body and a hook, the clamping structure main body extends from the top plate (at each side, see 415-416) in a direction parallel to the side plate (411 , 412), and the hook is formed by bending an end portion of the clamping structure main body in a direction close to the side plate (411 , 412); Claim 9- wherein
the panel has a groove (top panel, as seen in Fig.2) on an inner side thereof, the outer frame (411-416) is fixed in the groove, and the lighting unit mounting portion (421) protrudes out of the groove.
Regarding Claim 10-12 and 15-20, WANG et al. discloses a display cabinet (1) comprising: a first wall (back wall); a second wall (front wall) disposed opposite to the first wall, a space for accommodating an article to be displayed being formed between the first wall and the second wall (along the shelves , see Fig.1); a panel (top panel, see Fig. 2) disposed at an end portion of the first wall and extending in a direction close to the second wall; an accessory bracket (4) including an outer frame (411-416), a curtain mounting portion (417), and a lighting unit mounting portion (421) which are integrally connected, the outer frame (411-416) including a fixing portion (415), the accessory bracket (4) being fixed to an inner side of the panel by using the fixing portion (415),
the curtain mounting portion (417) being disposed on the outer frame (411-416), and
the lighting unit mounting portion (421) being disposed at an end portion of the outer frame (411-416) away from the panel;
a curtain (as discloses in pages 3-5mounted on the curtain mounting portion (417) and capable of being coiled or unfolded to correspondingly open or shield the space; and a lighting unit (as discloses in pages 3-5) mounted on the lighting unit mounting portion (421) to provide light for the article to be displayed in the space; Claim 11- wherein the lighting unit is mounted toward the space at an angle inclined to the panel; Claim 12- an air outlet disposed on the first wall and adjacent to the panel, wherein the accessory bracket (4) further includes an air deflector (414) corresponding to one end of the air outlet close to the panel to guide an airflow blown out from the air outlet in a direction away from the panel; Claim 15- wherein the outer frame (411-416) includes a top plate (at each side, see 415-416), a bottom plate, and a side plate (411 , 412), the top plate (at each side, see 415-416)
and the bottom plate are oppositely arranged at two ends of the side plate (411 , 412),
an area enclosed by the top plate (at each side, see 415-416), the bottom plate, and the side plate (411 , 412) is used for accommodating the curtain, and
the unfolded curtain extends out of the outer frame (411-416) through between the top plate (at each side, see 415-416) and the bottom plate; Claim 16- wherein
the curtain mounting portion (421) is a clamping structure (417), the clamping structure includes a clamping structure (417)main body and a hook, the clamping structure main body extends from the top plate (at each side, see 415-416) in a direction parallel to the side plate (411 , 412), and the hook is formed by bending an end portion of the clamping structure main body in a direction close to the side plate (411 , 412); Claim 18-wherein the panel has a groove (under 1, as seen in Fig.2) on an inner side thereof, the outer frame (411-416) is fixed in the groove, and the lighting unit mounting portion (421) protrudes out of the groove; Claim 19- wherein an end portion of the panel away from the first wall is bent inwardly to form a part of the groove; Claim 20- wherein the display cabinet (1) is a horizontal display cabinet (1) (open display cabinet (1), as seen in Fig. 1).
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.
Claim 8 is rejected under 35 U.S.C 103(a) as being unpatentable over WANG et al. as applied to claim 7 above, in view of U.S. Patent WO 2008052589 (“ENGERT”)
As to claim 8 WANG et al. Claim 8- wherein the fixing portion (415) is a hole (in the middle) and is disposed at one end of the top plate (at each side, see 415-416) away from the side plate (411 , 412).
As to claim 8 WANG et al. does not disclose the accessory bracket fastened through a hole.
Engert discloses a similar accessory bracket having Claim 8- and the accessory bracket is fixedly connected to the panel by using a fastener (66) passing through the hole.
It would have been obvious to one having skill in the art before the effective filing date of the invention that the bracket could be fastened through a hole , similar to the bracket taught by WANG et al., to securely fasten the bracket in pace. As modified, the fixing portion is a hole and is disposed at one end of the top plate away from the side plate, and the accessory bracket is fixedly connected to the panel by using a fastener passing through the hole
Allowable Subject Matter
Claims 4-5 and 13-14 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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 12:30-6:30.
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, 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.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/KIMBERLEY S WRIGHT/Primary Examiner, Art Unit 3637