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 § 102
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 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, 2, 5-8, and 15 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Sahin et al (WO 2017036554 A1).
Regarding claim 1, Sahin discloses an adjustable shelf apparatus comprising: a frame including side frame members (21); and an actuation system disposed on the frame, the actuation system comprising: a pin member (8, plate member acts as a “pin member”) mounted on one of the side frame members (21), the pin member being movable between an extended position and a retracted position, the pin member (8) being biased towards the extended position; and a pull bar (13 knob has a middle bar 13 in figure 3) movable between a disengaged position and an engaged position, wherein the pull bar (13) is operatively coupled to the pin member (8) such that movement of the pull bar towards the engaged position causes the pin member to move towards the retracted position.
Regarding claim 2, Sahin disclose the adjustable shelf apparatus of claim 1, wherein the actuation system further comprises: a rotating member (13d, rim of knob 13); and tension members (12) operatively coupling the pin member (8) and the pull bar the middle bar of knob 13, figure 3) with the rotating member (13d), wherein the tension members and the rotating member cooperate to translate movement of the pull bar towards the engaged position to movement of the pin member towards the retracted position.
Regarding claim 5, Sahin discloses the adjustable shelf apparatus of claim 1, wherein: the actuation system comprises a plurality of pin members (8), the pin member being one pin member of the plurality of pin members (8), the plurality of pin members being mounted on the side members (21), each pin member (8) of the plurality of pin members is movable between the extended position and the retracted position, each pin member of the plurality of pin members being biased towards the extended position, and the pull bar (13) is operatively coupled to the plurality of pin members such that movement of the pull bar towards the engaged position causes each pin member of the plurality of pin members to move towards the retracted position.
Regarding claim 6, Sahin discloses the adjustable shelf apparatus of claim 5, wherein the actuation system further comprises: a rotating member (13d rim of knob 13, figure 6); and tension members (12) operatively coupling the plurality of pin members (8) and the pull bar (middle bar 13 show in figure 3 of knob 13) with the rotating member (13d), wherein the tension members (12) and the rotating member (13d) cooperate to translate movement of the pull bar towards the engaged position to movement of each pin member of the plurality of pin members (8)towards the retracted position.
Regarding claim 7, Sahin discloses the adjustable shelf apparatus of claim 1, wherein the pin member (8) is biased towards the extended position by a spring (17).
Regarding claim 8, Sahin disclose the adjustable shelf apparatus of claim 1, wherein the pin member (8) is engageable within a storage case (2, refrigerator) when in the extended positioned and the adjustable shelf apparatus (1) is releasable from the storage case when the pin member is in the retracted position.
Regarding claim 15, Sahin discloses a storage case (2, refrigerator) comprising the adjustable shelf apparatus (1) of claim 1, wherein the pin member (8) engages within the storage case (2) when in the extended positioned and the adjustable shelf apparatus (1) is releasable from the storage case when the pin member is in the retracted position.
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 13 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Sahin et al (WO 2017036554 A1) in view of Gibson (US patent no. 5341945).
Regarding claim 13, Sahin discloses the adjustable shelf apparatus of claim 1, except further comprising a flange member attached to the frame, wherein the flange member includes a stop for products positioned on the frame. Gibson teaches in a shelf (figure 1) comprising a frame (16) wherein a flange member (14) attached to the frame, wherein the flange member includes a stop (20) for products positioned on the frame and act as a connection for shelf dividers (12). It would have been obvious to one of ordinary skilled in the art to have modify the shelf frame of Sahin such that a flange member attached to the frame, wherein the flange member includes a stop for products positioned on the frame and to acts as connection for shelf dividers as taught to be desirable by Gibson.
Regarding claim 14, Sahin and Gibson combined discloses the adjustable shelf apparatus of claim 13, wherein Gibson further comprising a price channel (18) attached to the flange member (14) for price labels.
Allowable Subject Matter
Claims 3, 4, and 9-12 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.
Claims 16-20 are allowed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art of record further demonstrate shelves with biased pin members. However, none of the prior art of record shows a second pull bar for the second pin number as recited in independent claim 16.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Ko (Korie) H Chan whose telephone number is (571)272-6816. The examiner can normally be reached on Monday -Friday, 8:00 - 5:00 EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Liu can be reached on 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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/Ko H Chan/Primary Examiner, Art Unit 3631
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