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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
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Claims 21-40 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-13 and 1-19 of U.S. Patent Nos. 10,172,452 and 10,334,944, respectively, in view of Hanley (2014/0354001;9,010,830). The patents teach a shelving system, comprising: a shelving unit comprising: a side member and an opposite second end, a guide member coupled to the side member, the guide member comprising a flange, a rail positioned within the guide member, and a shelf coupled to the rail, the shelf including a first locking element and a second locking element, wherein the second locking element is configured to rotate relative to the shelf such that rotation of the second locking element rotates the first locking element relative to the flange to move the shelving unit from a first orientation in which the first locking member engages the flange and the rail is prevented from sliding relative to the guide member and a second orientation in which the first locking member is spaced apart from the flange and the rail is slidable relative to the guide member. Wherein the shelf is fixed to the rail. Wherein the second locking element includes a cam that rotates to move the shelving unit between the orientations. Wherein the second locking element includes a sliding block. Wherein the shelving unit is biased to the first orientation by a spring. Wherein the shelving unit is biased to the first orientation by a spring that engages the second locking element. The patents fail to claim/teach that the shelving system is in a vehicle/truck and extendable either through the rear or sides. Hanley teaches a shelving system (Fig. 1), comprising: a vehicle/truck (Fig. 12) comprising a floor, a roof opposite the floor and first and second side walls that each extend from the floor to the roof, the floor, the roof and the side walls defining an interior of the vehicle; and a shelving unit (Fig. 1) positioned within the interior of the vehicle, the shelving unit comprising: a side member (22) comprising a first end that is coupled to the floor (Fig. 2) and an opposite second end, a guide member coupled to the side member (68), the guide member comprising a flange (116), a rail (96) positioned within the guide member, and a shelf (98) coupled to the rail, the shelf including a first locking element (110) and a second locking element (112), wherein the second locking element is configured to rotate relative to the shelf such that rotation of the second locking element rotates the first locking element relative to the flange to move the shelving unit from a first orientation in which the first locking member engages the flange (Fig. 7) and the rail is prevented from sliding relative to the guide member and a second orientation in which the first locking member is spaced apart from the flange and the rail is slidable relative to the guide member (Fig. 8). Wherein the shelf is fixed to the rail. Wherein the second end is spaced apart from the roof (Fig. 2). Wherein the shelving unit is biased to the first orientation by a spring (142). Wherein the shelving unit is biased to the first orientation by a spring that engages the second locking element. Wherein the vehicle is a truck. Wherein the vehicle comprises a rear door positioned between the side walls, the first side wall including a first side door, the second side wall including a second side door, the shelving unit being accessible through the rear door, but not readily accessible through the side doors (claim 20). Wherein the vehicle comprises a rear door positioned between the side walls, the shelving unit being configured to move from the first orientation to the second orientation when the rear door is an open position, the shelving unit being prevented from moving from the first orientation to the second orientation when the rear door is a closed position. Wherein the vehicle comprises a rear door positioned between the side walls, the first side wall including a first side door, the second side wall including a second side door, the shelving unit being accessible through at least one of the side doors, but not readily accessible through the rear door (Figs 12 &13). Wherein the first side wall including a side door, the shelving unit being configured to move from the first orientation to the second orientation when the side door is an open position, the shelving unit being prevented from moving from the first orientation to the second orientation when the side door is a closed position. Wherein the shelving unit includes a first shelving unit and a second shelving unit, the first side wall including a first side door, the second side wall including a second side door, the first shelving unit being accessible through the first side door, the second shelving unit being accessible through the second side door. Wherein the shelving unit includes a first shelving unit and a second shelving unit, the first side wall including a first side door, the second side wall including a second side door, the vehicle comprising a partition (206) positioned between the first side door and the second side door, the shelving units each engaging the partition such that the first shelving unit is accessible through the first side door and the second shelving unit is accessible through the second side door. Wherein the shelf of the first shelving unit and the shelf of the second shelving unit open in opposing directions. Wherein the partition extends from the floor to the roof (0044). Wherein the side member of the first shelving unit and the side member of the second shelving unit each engage the partition. Wherein the flange extends inwardly from an inner surface of the guide member such that the flange extends at an acute angle relative to the guide member (Fig. 8). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use the shelving systems of the patents within the truck in the various locations taught by Hanley, to provide a specific location to use the shelving systems.
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 21-23 and 26-38 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hanley (2014/0354001;9,010,830). Hanley teaches a shelving system (Fig. 1), comprising: a vehicle/truck (Fig. 12) comprising a floor, a roof opposite the floor and first and second side walls that each extend from the floor to the roof, the floor, the roof and the side walls defining an interior of the vehicle; and a shelving unit (Fig. 1) positioned within the interior of the vehicle, the shelving unit comprising: a side member (22) comprising a first end that is coupled to the floor (Fig. 2) and an opposite second end, a guide member coupled to the side member (68), the guide member comprising a flange (116), a rail (96) positioned within the guide member, and a shelf (98) coupled to the rail, the shelf including a first locking element (110) and a second locking element (112), wherein the second locking element is configured to rotate relative to the shelf such that rotation of the second locking element rotates the first locking element relative to the flange to move the shelving unit from a first orientation in which the first locking member engages the flange (Fig. 7) and the rail is prevented from sliding relative to the guide member and a second orientation in which the first locking member is spaced apart from the flange and the rail is slidable relative to the guide member (Fig. 8). Wherein the shelf is fixed to the rail. Wherein the second end is spaced apart from the roof (Fig. 2). Wherein the shelving unit is biased to the first orientation by a spring (142). Wherein the shelving unit is biased to the first orientation by a spring that engages the second locking element. Wherein the vehicle is a truck. Wherein the vehicle comprises a rear door positioned between the side walls, the first side wall including a first side door, the second side wall including a second side door, the shelving unit being accessible through the rear door, but not readily accessible through the side doors (claim 20). Wherein the vehicle comprises a rear door positioned between the side walls, the shelving unit being configured to move from the first orientation to the second orientation when the rear door is an open position, the shelving unit being prevented from moving from the first orientation to the second orientation when the rear door is a closed position. Wherein the vehicle comprises a rear door positioned between the side walls, the first side wall including a first side door, the second side wall including a second side door, the shelving unit being accessible through at least one of the side doors, but not readily accessible through the rear door (Figs 12 &13). Wherein the first side wall including a side door, the shelving unit being configured to move from the first orientation to the second orientation when the side door is an open position, the shelving unit being prevented from moving from the first orientation to the second orientation when the side door is a closed position. Wherein the shelving unit includes a first shelving unit and a second shelving unit, the first side wall including a first side door, the second side wall including a second side door, the first shelving unit being accessible through the first side door, the second shelving unit being accessible through the second side door. Wherein the shelving unit includes a first shelving unit and a second shelving unit, the first side wall including a first side door, the second side wall including a second side door, the vehicle comprising a partition (206) positioned between the first side door and the second side door, the shelving units each engaging the partition such that the first shelving unit is accessible through the first side door and the second shelving unit is accessible through the second side door. Wherein the shelf of the first shelving unit and the shelf of the second shelving unit open in opposing directions. Wherein the partition extends from the floor to the roof (0044). Wherein the side member of the first shelving unit and the side member of the second shelving unit each engage the partition. Wherein the flange extends inwardly from an inner surface of the guide member such that the flange extends at an acute angle relative to the guide member (Fig. 8).
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 21-24, 26, and 28-30 are rejected under 35 U.S.C. 103 as being obvious over Beks (NL1023660) in view of Chang (2011/0121701). Beks teaches a shelving system (see annotated figure below), comprising: a vehicle (a) comprising a floor (b), a roof (c) opposite the floor and first and second side walls (d) that each extend from the floor to the roof, the floor, the roof and the side walls defining an interior of the vehicle (e); and a shelving unit (including 14-18) positioned within the interior of the vehicle, the shelving unit comprising: a side member (f) comprising a first end that is coupled to the floor and an opposite second end. For claim 21, Beks fails to teach the specific rail assembly between the side members and shelves. Chang teaches a shelf (1, bottom member) attached to a side member (2) via a guide member (22) coupled to the side member, the guide member comprising a flange (23), a rail (13) positioned within the guide member, and the shelf coupled to the rail, the shelf including a first locking element (3) and a second locking element (12), wherein the second locking element is configured to rotate relative to the shelf such that rotation of the second locking element rotates the first locking element relative to the flange to move the shelving unit from a first orientation in which the first locking member engages the flange and the rail is prevented from sliding relative to the guide member (Fig. 7) and a second orientation in which the first locking member is spaced apart from the flange and the rail is slidable relative to the guide member (Fig. 8). 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 shelving system of Beks by using the rail assembly of Chang between the side members and shelves, to provide a means to easily move the shelves between positions that includes a locking device to hold the shelves in a closed position..
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For claim 22, Beks in view of Chang further teaches that the shelf is fixed to the rail.
For claim 23, Beks in view of Chang further teaches that the second end is spaced apart from the roof.
For claim 24, Beks in view of Chang further teaches that the second locking element includes a cam (123,124 of Chang) that rotates about an axis defined by the handle to move the release between the orientations.
For claim 26, Beks in view of Chang further teaches that the shelving unit is biased to the first orientation by a spring (35 of Chang).
For claim 28, although Beks in view of Chang fails teaches that the vehicle is specifically a truck, any type of motor vehicle, including a truck, with a rear hatch could accommodate the system and would be a functional equivalent. Therefore, 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 shelving system of Beks in view of Chang by using it specifically in a truck, depending on personal preferences of motor vehicle.
For claim 29, Beks in view of Chang further teaches that the vehicle accommodating the unit can be a van. Vans are known to comprise a rear door positioned between side walls, a first side wall including a first side door, and a second side wall including a second side door. The shelving unit positioned at the back of the van being accessible through the rear door, but not readily accessible through the side doors (like shown if the figure of Beks).
For claim 30, Beks in view of Chang further teaches that the vehicle comprises a rear door positioned between the side walls, the shelving unit being configured to move from the first orientation to the second orientation when the rear door is an open position, the shelving unit being prevented from moving from the first orientation to the second orientation when the rear door is a closed position (like shown if the figure of Beks).
Claims 21-24, 26, 28 and 31-33 are rejected under 35 U.S.C. 103 as being obvious over Shelby, Jr (5,498,048) in view of Chang (2011/0121701). Shelby teaches a shelving system (Fig. 1), comprising: a vehicle (10) comprising a floor (20), a roof (see Fig. 3) opposite the floor and first and second side walls (see Fig. 3) that each extend from the floor to the roof, the floor, the roof and the side walls defining an interior of the vehicle (Fig. 3); and a shelving unit (34) with shelves (bottoms of member 38) positioned within the interior of the vehicle, the shelving unit comprising: a side member (see walls in Fig. 2) comprising a first end that is coupled to the floor and an opposite second end. For claim 21, Shelby fails to teach the specific rail assembly between the side member and a shelf. Chang teaches a shelf (1,bottom member) attached to a side member (2) via a guide member (22) coupled to the side member, the guide member comprising a flange (23), a rail (13) positioned within the guide member, and the shelf coupled to the rail, the shelf including a first locking element (3) and a second locking element (12), wherein the second locking element is configured to rotate relative to the shelf such that rotation of the second locking element rotates the first locking element relative to the flange to move the shelving unit from a first orientation in which the first locking member engages the flange and the rail is prevented from sliding relative to the guide member (Fig. 7) and a second orientation in which the first locking member is spaced apart from the flange and the rail is slidable relative to the guide member (Fig. 8). 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 shelving system of Shelby by using the rail assembly of Chang between the side members and shelves, to provide a means to easily move the shelves between positions that includes a locking device to hold the shelves in a closed position..
For claim 22, Shelby in view of Chang further teaches that the shelf is fixed to the rail.
For claim 23, Shelby in view of Chang further teaches that the second end is spaced apart from the roof.
For claim 24, Shelby in view of Chang further teaches that the second locking element includes a cam (123,124 of Chang) that rotates about an axis defined by the handle to move the release between the orientations.
For claim 26, Shelby in view of Chang further teaches that the shelving unit is biased to the first orientation by a spring (35 of Chang).
For claim 28, although Shelby in view of Chang fails teaches that the vehicle is specifically a truck, any type of motor vehicle, including a truck, with a rear hatch and side doors could accommodate the system and would be a functional equivalent. Therefore, 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 shelving system of Shelby in view of Chang by using it specifically in a truck, depending on personal preferences of motor vehicle.
For claim 31, Shelby in view of Chang further teaches that the vehicle comprises a rear door (16 of Shelby) positioned between the side walls, the first side wall including a first side door (12), the second side wall including a second side door (14), the shelving unit being accessible through at least one of the side doors, but not readily accessible through the rear door (Fig. 1 of Shelby).
For claim 32, Shelby in view of Chang further teaches that the first side wall including a side door, the shelving unit being configured to move from the first orientation to the second orientation when the side door is an open position, the shelving unit being prevented from moving from the first orientation to the second orientation when the side door is a closed position.
For claim 33, Shelby in view of Chang further teaches that the shelving unit includes a first shelving unit and a second shelving unit, the first side wall including a first side door, the second side wall including a second side door, the first shelving unit being accessible through the first side door, the second shelving unit being accessible through the second side door (Fig. 1 of Shelby).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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Wilkens
June 29, 2026
/JANET M WILKENS/ Primary Examiner, Art Unit 3637
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