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 § 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 1-17 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, the preamble of claims 1 only recites a container display device positively and not a combination of a container display device, a wall, and at least one container. The preamble clearly refers to the wall and the at least one container in a functional manner only. However, in the body of the claim it recites, “a first face positioned about 45 degrees from the wall”; “a second face…positioned about 45 degrees from the wall”; and “wherein the at least one container has a container width and a container length greater than the container width” …” which are unclear as to if the claim intends to be positively claiming the wall and the at least one container. Then the claim recites, “…configured to statically support the at least one container such that the at least one container extends lengthwise…” Thus, it appears to refer back in a functional sense to “the at least one container” so the claims create confusion as to what is intended to be claimed, either the combination or subcombination. For purposes of examination on the merits, the examiner is treating the claims to be construed as the subcombination that refer to the wall and the at least one container in a functional manner only.
If the applicant intends to claim the combination, then it is suggested to do so clearly.
If applicant intends to claim the subcombination, recommended amendments could be -- “a first face configured to positioned about 45 degrees from the wall”; “a second face connected to said first face and configured to be positioned about 45 degrees from the wall”; wherein, when in use, the at least one container has a container width and a container length greater than the container width – Appropriate correction is required.
Regarding claim 7, how does the “another support structure” in line 1 of claim 7 relate to “the at least one support structure” previously claimed in claim 1? Is the “another support structure” one of the “the at least one support structure” (i.e. may be more than one support structure) previously claimed in claim 1, or is the “another support structure” a new and separate unrelated support structure from the previous at least one support structure.
The examiner suggests the following amendment for claim 7:
Claim 7: -- The device of claim 1, wherein said second face includes a second support structure from said at least one support structure, wherein the second support structure is configured to statically support a second container having a second container width and a second container length greater than the second container width, with the second container being orientated parallel to the first plane and the second container extending lengthwise away from said second face.—Appropriate correction is required.
Regarding claim 12, the preamble of claims 1 and 12 only recites a container display device positively and not a combination of a container display device and a wall. The preambles clearly refer to the wall in a functional manner only. However, in claim 17 the body of the claim recites, “wherein the wall is planar” …” which is unclear if the claim intends to be positively claiming the wall. So the claim creates confusion as to what is intended to be claimed, either the combination or subcombination. For purposes of examination on the merits, the examiner is treating the claim to be construed as the subcombination that refers to the wall in a functional manner only.
If the applicant intends to claim the combination, then it is suggested to do so clearly.
If applicant intends to claim the subcombination, recommended amendments could be – wherein, when in use, the wall is planar. – Appropriate correction is required.
Regarding claim 17, the preamble of claims 1 and 17 only recites a container display device positively and not a combination of a container display device and at least one container. The preambles clearly refer to the wall in a functional manner only. However, in claim 17 the body of the claim recites, “wherein the at least one container is cylindrical” which is unclear if the claim intends to be positively claiming the at least one container. So the claim creates confusion as to what is intended to be claimed, either the combination or subcombination. For purposes of examination on the merits, the examiner is treating the claim to be construed as the subcombination that refers to the wall in a functional manner only.
If the applicant intends to claim the combination, then it is suggested to do so clearly.
If applicant intends to claim the subcombination, recommended amendments could be – wherein, when in use, the at least one container is cylindrical. – Appropriate correction is required.
Claims 2-6, 8-11, and 13-16 are rejected as being dependent upon a rejected base claim.
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.
Claims 1-7, 10, 12-14, and 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cash 2015/0034577.
Regarding claim 1, as best understood, Cash discloses a container display device (Fig 8) configured to or capable of abutting a wall and displaying at least one container, said device comprising:
a first face (front face of #211 in Fig 8) (annotated Fig 8 below) configured to be or capable of being positioned about 45 degrees from the wall, said first face (front face of #211 in Fig 8) extending along a first plane;
a second face (front face of #213 in Fig 8) (annotated Fig 8 below) connected to said first face (front face of #211 in Fig 8) (annotated Fig 8 below) and configured to be or capable of being positioned about 45 degrees from the wall, said second face (front face of #213 in Fig 8) (annotated Fig 8 below) extending along a second plane about 90 degrees from the first plane (as shown in Fig 8);
wherein, when in use, the at least one container has a container width and a container length greater than the container width, and said second face (front face of #213 in Fig 8) (annotated Fig 8 below) includes at least one support structure (Fig 8, #214) configured to statically support the at least one container such that the at least one container extends lengthwise, away from said second face (front face of #213 in Fig 8) (annotated Fig 8 below), and parallel to the first plane (as shown in Fig 8).
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Regarding claim 2, Cash discloses the device wherein at least one of said first (front face of #211 in Fig 8) (annotated Fig 8 above) and second (front face of #213 in Fig 8) (annotated Fig 8 above) faces are planar.
Regarding claim 3, Cash discloses the device wherein said first face (front face of #211 in Fig 8) (annotated Fig 8 above) has a first face width and a first face height greater than the first face width (as shown in Fig 8).
Regarding claim 4, Cash discloses the device wherein said second face (front face of #213 in Fig 8) (annotated Fig 8 above) has a second face width and a second face height greater than the second face width (as shown in Fig 8).
Regarding claim 5, Cash discloses the device wherein the first and second face heights are equal (as shown in Fig 8).
Regarding claim 6, Cash discloses the device wherein the first and second face widths are equal (as shown in Fig 8) (also see Fig 7 for illustration purposes only).
Regarding claim 7, Cash discloses the device wherein said second face (front face of #213 in Fig 8) (annotated Fig 8 above) includes a second support structure (annotated Fig 8 below) from said at least one support structure (Fig 8, #214), wherein the second support structure (annotated Fig 8 below) is configured to statically support a second container having a second container width and a second container length greater than the second container width, with the second container being orientated parallel to the first plane (as shown in Fig 8) and the second container extending lengthwise away from said second face (front face of #213 in Fig 8) (annotated Fig 8 above).
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Regarding claim 10, Cash discloses the device wherein the at least one support (Fig 1, #214) structure includes a plurality of rods (#214) extending from said second face (front face of #213 in Fig 8) (annotated Fig 8 above) (as shown in Fig 8).
Regarding claim 12, as best understood, Cash discloses the device wherein, when in use, the wall is planar.
Regarding claim 13, Cash discloses the device wherein the device (Fig 8) is configured to attach to the wall.
Regarding claim 14, Cash discloses the device wherein said first (front face of #211 in Fig 8) (annotated Fig 8 above) and second (front face of #213 in Fig 8) (annotated Fig 8 above) faces form a v-shape (as shown in Fig 8).
Regarding claim 17, as best understood, Cash discloses the device wherein, when in use, the at least one container is cylindrical.
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 11 is rejected under 35 U.S.C. 103 as being unpatentable over Cash 2015/0034577 in view of DeShazo 6,135,297.
Regarding claim 11, Cash has been discussed above but does not teach wherein the at least one support structure includes a cradle.
DeShazo discloses a container display device (Fig 1) comprising at least one support structure (Figs 1 & 4, #28 or #76) or (Figs 1 & 4, #28 & #76) includes a cradle (Figs 1 & 5, #28).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to attach a cradle (DeShazo, Figs 1 & 5, #28) to the at least one support structure (Cash, annotated Fig 8 above) (Cash, Fig 8, #214) of Cash in order to provide further support for the container that is stored on the at least one support structure (Cash, annotated Fig 8 above) (Cash, Fig 8, #214) of Cash and allow the at least one support structure (Cash, annotated Fig 8 above) (Cash, Fig 8, #214) of Cash to store heavier wine bottles or containers.
Claims 1, 8, and 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over Kennedy 5,303,829 in view of Neirinckx 5,295,588.
Regarding claim 1, as best understood, Kennedy discloses a container display device (Figs 1 & 2, #15) configured to or capable of abutting a wall and displaying at least one container, said device (Figs 1 & 2, #15) comprising:
a first face (Figs 1 & 2, #50) configured to be positioned about 45 degrees from the wall, said first face (Figs 1 & 2, #50) extending along a first plane;
a second face (Figs 1 & 2, #32) connected to said first face (Figs 1 & 2, #50) and is configured to be positioned about 45 degrees from the wall, said second face (Figs 1 & 2, #32) extending along a second plane about 90 degrees from the first plane;
wherein, wherein when in use, the at least one container has a container width and a container length greater than the container width.
Kennedy has been discussed above but does not explicitly disclose wherein said second face includes at least one support structure configured to statically support the at least one container such that the at least one container extends lengthwise, away from said second face, and parallel to the first plane.
Neirinckx discloses a rack (Fig 1) that is capable of being used as a container display device comprising a second face (annotated Fig 1 below) that includes at least one support structure (Fig 1, #17) or (Fig 1, #16 & #17) configured to or capable of statically supporting at least one container such that the at least one container extends lengthwise, away from said second face (annotated Fig 1 below), and parallel to a first plane (annotated Fig 1 below).
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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 attach at least one support structure (Neirinckx, Fig 1, #17) or (Neirinckx, Fig 1, #16 & #17) to the second face (Kennedy, Fig 1, #32) of Kennedy in order to store more hats and/or items on the display device (Kennedy, Fig 1).
Regarding claim 8, modified Kennedy discloses the device wherein one of said first and second (Kennedy, Figs 1 & 2, #32) faces includes a slot (Kennedy, Figs 2, #40) and at least a portion of the other of said first (Kennedy, Figs 1 & 2, #50) and second faces is positioned within the slot (Kennedy, Fig 2, #40).
Regarding claim 15, modified Kennedy discloses the device further comprising a rear brace (Kennedy, Figs 1 & 2, #20) having a first rear brace side (right side) connected to said first face (Kennedy, Figs 1 & 2, #50) and a second rear brace side (left side) connected to said second face (Kennedy, Figs 1 & 2, #32).
Regarding claim 16, modified Kennedy discloses the device wherein said rear brace (Kennedy, Figs 1 & 2, #20) is configured to attach to the wall.
Allowable Subject Matter
Claim 9 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
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