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 .
Election/Restrictions
Applicant’s election without traverse of Invention I (Claims 1-11); Species B: Figs 13-31; and Subspecies ee: Figs 13-16 and 18 in the reply filed on 02/05/2026 is acknowledged.
Claims 12-32 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Invention, Subspecies, and/or Subspecies there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 02/05/2026.
The requirement is still deemed proper and is therefore made FINAL.
Claim Interpretation
Regarding claim 1, the flat metal shelving is not positively claimed and is only referred to in a functional manner.
Regarding claim 1, the array of products are not positively claimed and are only referred to in a functional manner.
Regarding claim 6, the flat metal shelving is not positively claimed and is only referred to in a functional manner.
Claim Objections
Claim 1 is objected to because of the following informalities: for better claim construction and consistency throughout the claims the examiner suggests the following amendment:
Claim 1, line 2: -- base supports configured for securement to a flat metal shelving; --. Appropriate correction is required.
Claim Rejections - 35 USC § 112
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 1-11 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.
Regarding claim 1, line 12, how does “one or more fixed lateral connecting rods” in line 12 of claim 1 relate to the “fixed lateral connecting rods” previously claimed in line 5 of claim 1? Are they the same or is the applicant claiming a new one or more fixed lateral connecting rods that is separate from the previously claimed “fixed lateral connecting rods”?
The examiner suggests the following amendment for line 12:
Claim 1, line 12: -- different position along one or more of the fixed lateral connecting rods--. Appropriate correction is required.
Claim 1, line 13, the term “low friction” is an indefinite and relative term. How can one determine what is low friction, normal friction, or high friction?
The examiner suggests the following amendment for line 13: -- a [[low]] friction sliding mat --. Appropriate correction is required.
Regarding claim 7, the term “thin” is an indefinite and relative term. How can one determine what is thin or not thin. Appropriate correction is required.
Claim 7 recites the limitation "the dynamic lateral connecting rods" in line 1 of the claim. There is insufficient antecedent basis for this limitation in the claim. Appropriate correction is required.
Regarding claim 7, the following limitation “the dynamic lateral connecting rods comprise a thin elongate portion and at least one tip portion configured to connect the elongate portion such that the dynamic lateral connecting rod can connect to and slide laterally along multiple fixed lateral connecting rods” is unclear and confusing. What are the fixed lateral connecting rods? Are the fixed lateral connecting rods the horizontal rods (shown in annotated Fig 15 below)? If so, the dynamic separator rods (Fig 15, #34b) are perpendicular to the fixed lateral connecting rods (annotated Fig 15 below), therefore how can the dynamic separator rods (Fig 15, #34b) be called dynamic lateral connecting rods when they are perpendicular to the fixed lateral connecting rods (annotated Fig 15 below)? Appropriate correction is required.
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For claim 7, the examiner suggests the following amendment:
Claim 7: -- The system of Claim 1, wherein the dynamic separator n [[thin]] elongate portion and at least one tip portion configured to connect to the elongate portion such that the dynamic separator s can connect to and slide laterally along the fixed lateral connecting rods, thereby providing a dynamic column width for at least one of the columns for organizing the array of products.—Appropriate correction is required.
Claims 2-6 and 8-11 are rejected as being dependent upon a rejected base claim.
Claim Objections
Claim 1 is objected to because of the following informalities: for better claim construction and consistency throughout the claims the examiner suggests the following amendment:
Claim 1, lines 3-4: -- to provide a superstructure that is configured to rise[[s]] above the flat metal shelving to organize and contain an array of products;-- 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.
Claims 1-2 and 4-7 are rejected under 35 U.S.C. 103 as being unpatentable over Coretti 5,607,068 in view of Jo 2003/0141265 and Bustos 5,205,421.
Regarding claim 1, as best understood, Coretti discloses a dynamic, compact presentation system (Fig 1) comprising:
base supports (Fig 1, #16 & #17) (col 5, lines 48-53) configured for or capable of being used for securement to flat metal shelving;
vertical risers (Fig 1, #21) (annotated Fig 1 below) connected to the base supports (Fig 1, #16 & #17) to provide a superstructure (Fig 1, #21, #26, & #18) that is configured to rise above the flat metal shelving to organize and contain an array of products;
fixed lateral connecting rods (annotated Fig 1 below) spanning between vertical risers (annotated Fig 1 below) and configured to provide rigid strength to the superstructure and a containment boundary for the array of products;
dynamic separator rods (Fig 1, #38) (col 5, lines 11-17) & (annotated Fig 10 below) spanning between fixed lateral connecting rods (annotated Fig 1 below) and
configured to be adjusted mounted, thereby forming columns for organizing the array of products (col 5, lines 11-17), columns being formed between adjacent separator rods (Fig 1, #38) (col 5, lines 11-17) & (annotated Fig 10 below) and each column having a dynamic width (col 5, lines 11-17) that can change as an adjacent separator rod (Fig 1, #38) (col 5, lines 11-17) & (annotated Fig 10 below) is adjusted to a different position; and wherein, when in use, products arranged in the columns of the superstructure can readily slide down by gravity, as constrained by the lateral connecting rods (annotated Fig 1 below).
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Coretti has been discussed above but does not explicitly teach the dynamic separator rods are configured to adjustably attach to the fixed lateral connecting rods;
wherein the separator rods are adjusted to a different position along one or more fixed lateral connecting rods; and a low friction sliding mat configured to cover the flat metal shelving and extend beneath the superstructure such that products are configured to be arranged on the mat.
Jo discloses a dynamic, compact presentation system (Fig 4) comprising dynamic separator partitions (Fig 4, #15) are configured to adjustably attach to top round portions of fixed lateral supports (Fig 4, #22 & #23);
wherein the separator partitions (Fig 4, #15) are adjusted to a different position along the top round portions of the fixed lateral supports (Fig 4, #22 & #23).
Bustos discloses a compact presentation system (Fig 1, #1) comprising a low friction sliding mat (Fig 1, #61) (col 5, lines 52-55) configured to or capable of covering a flat metal shelving and extend beneath a superstructure (Fig 1, #70, #69, #71, & #67) such that products are configured to be arranged on the mat (Fig 1, #61).
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 dynamic separator rods (Coretti, Fig 1, #38) (Coretti, annotated Fig 10 above) of Coretti to be adjustably attached to the top portions of the fixed lateral connecting rods (Coretti, annotated Fig 1 above) by slidably attaching the clasps (Coretti, Fig 1, #40) of Coretti to the fixed lateral connecting rods (Coretti, annotated Fig 1 above) using the teachings of Jo or in the alternative replacing the clasps (Coretti, Fig 1, #40) and the separator legs (Coretti, Fig 1, #39) of Coretti with end connectors (Jo, Fig 1, #17 & #18) that are attached to end portions of the elongat portion (Coretti, annotated Fig 1 above) of the dynamic separator rods (Coretti, Fig 1, #38) in order to more easily attach and remove the dynamic separator rods (Coretti, Fig 1, #38) (Coretti, annotated Fig 10 above) of Coretti to the shelving of Coretti and more easily slide the dynamic separator rods (Coretti, Fig 1, #38) (Coretti, annotated Fig 10 above) of Coretti to adjust the width of the columns.
It also would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to insert a low friction sliding mat (Bustos, Fig 1, #61) on the surface (Coretti, Fig 1, #72) of the shelf (Coretti, Fig 1, #10) of modified Coretti beneath the superstructure (Coretti, Fig 1, #21, #26, & #18) of modified Coretti to (col 5, lines 52-55) in order to protect the shelves (Coretti, Fig 1, #10) from being soiled, scratched, or damage from products supported thereon. Further the low friction sliding mat (Bustos, Fig 1, #61) will enable the products to slide more easily by gravity.
Regarding claim 2, modified Coretti discloses the system wherein the base supports (Coretti, Fig 1, #16 & #17) (Coretti, col 5, lines 48-53) comprise protrusions (Coretti, annotated Figs 1 & 2 below) (Coretti, col 5, lines 51-53) configured to or capable of engaging with recesses in the flat metal shelving.
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Regarding claim 4, modified Coretti discloses the system wherein the vertical risers (Coretti, Fig 1, #21) (Coretti, annotated Fig 1 above) comprise one or more metal rods (Coretti, col 4, lines 64-66).
Regarding claim 5, modified Coretti discloses the system wherein the fixed lateral connecting rods (Coretti, annotated Fig 1 above) comprise one or more metal rods (Coretti, col 4, lines 64-66).
Regarding claim 6, modified Coretti discloses the system wherein the vertical risers (Coretti, Fig 1, #21) (Coretti, annotated Fig 1 above) and the fixed lateral connecting rods (Coretti, annotated Fig 1 above) comprise one or more metal rods (Coretti, col 4, lines 64-66) connected together to form a ridged metal frame (Coretti, shown in Fig 1) sized to correspond to lateral dimensions of a corresponding flat metal shelf.
Regarding claim 7, as best understood, modified Coretti discloses the system wherein the dynamic separator rods (Coretti, Fig 1, #38) (Coretti, annotated Fig 10 above) comprise an elongate portion (Coretti, annotated Fig 1 above) and at least one tip portion (Coretti, Fig 1, #40) or (Jo, Fig 1, #17 & #18) configured to connect to the elongate portion (Coretti, annotated Fig 1 above) such that the dynamic separator rods (Coretti, Fig 1, #38) (Coretti, annotated Fig 10 above) can connect to and slide laterally along the fixed lateral connecting rods (Coretti, annotated Fig 1 above), thereby providing a dynamic column width for at least one of the columns for organizing the array of products.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of Coretti 5,607,068; Jo 2003/0141265; and Bustos 5,205,421; and further in view of Bustos 2004/0099619.
Regarding claim 3, modified Coretti has been discussed above but does not explicitly teach the system wherein the base supports comprise flat plates
having holes configured to accept fasteners.
Bustos ‘619 discloses a system (Fig 1) comprising base supports (Fig 3, #98) (annotated Fig 3 below) & (annotated Fig 4 below) configured for or capable of securement to a flat metal shelving wherein the base supports (annotated Fig 3 below) & (annotated Fig 4 below) comprise flat plates (annotated Fig 3 below) & (annotated Fig 4 below) having holes (annotated Figs 3 & 4 below) (left & right) configured to accept fasteners (#100).
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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 replace the base supports (Coretti, Fig 1, #16 & #17) of modified Coretti with the base supports (Bustos ‘619, annotated Figs 3 & 4 above) in order to mount the shelving (Coretti, Fig 1, #10) of modified Coretti on the posts (Bustos ‘619, Fig 1, #22 & #26) of Bustos because the substitution of one known post support structure for another would have yielded predictable results to one of ordinary skill in the art at the time of the invention.
Claims 8-11 are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Coretti 5,607,068; Jo 2003/0141265; and Bustos 5,205,421; and further in view of Spizman 8,413,825.
Regarding claim 8, modified Coretti discloses the system wherein the tip portion (Jo, Fig 1, #17 or #18) comprises a connector (Jo, Fig 1, #17 or #18)
having a second elongate opening (Jo, Fig 1, opening of #17 or #18 that receives the top end of supports #22 & #23) configured to interface with at least one fixed lateral connecting rod (Coretti, Fig 1, #18 & #20).
Modified Coretti has been discussed above but does not explicitly teach wherein the connector has a first elongate opening configured to receive an end of the elongate portion wherein the second elongate opening is transverse to the first elongate opening.
Spizman discloses a system comprising connector (Fig 2A, #94) has a first elongate opening (Fig 2A, #106) configured to receive an end of an elongate portion (Fig 2A, #124) and a second elongate opening (annotated Fig 2A below) is transverse to the first elongate opening (Fig 2A, #106).
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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 connector (Jo, Fig 1, #17) to have a first elongate opening (Spizman, Fig 2A, #106) that receives an end of the elongate portion (Coretti, annotated Fig 1 above) of the dynamic separator rod (Coretti, Fig 1, #38) 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.
Regarding claim 9, modified Coretti discloses the system further comprising a transverse fastener (Spizman, Fig 2A, #108) configured to secure the connector (Jo, Fig 1, #17) to the elongate portion (Coretti, annotated Fig 1 above) of the dynamic lateral connecting rod (Coretti, Fig 1, #38).
Regarding claim 10, modified Coretti discloses the system wherein the second elongate opening (Jo, Fig 1, opening of #17) is configured to only partially surround a fixed lateral connecting rod (Coretti, Fig 1, #18) such that the connector (Jo, Fig 1, #17) can be snapped on prior to sliding laterally.
Regarding claim 11, modified Coretti discloses the system wherein the superstructure (Coretti, Fig 1, #21, #26, & #18) and the base supports (Coretti, Fig 1, #16 & #17) are configured to permit multiple systems to stack together for compact storage and shipping.
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Liu can be reached at 571-272-8227. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DEVIN K BARNETT/ Primary Examiner, Art Unit 3631