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 § 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 (i.e., changing from AIA to pre-AIA ) 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, 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1, 3-6, 8, 9 & 11-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Stitchick et al. (US patent application publication 2005/0109901) (hereinafter Stitchick) in view of Fundberg et al. (US patent application publication 2023/0012306) (hereinafter Fundberg).
Regarding claim 1, Stitchick discloses an adaptive shelving unit, comprising: a first mounting rail (34) and a second mounting rail (34), wherein each of the first mounting rail and the second mounting rail include a pair of sidewalls (74) that extend from a top wall (84) to a bottom wall (the bottom face of 76 that is visible in Fig. 6a), and a front face (74) that extends between the pair of sidewalls and from the top wall to the bottom wall, and wherein the first mounting rail includes a first set of apertures (78) in the front face of the first mounting rail and the second mounting rail includes a second set of apertures (78) in the front face of the second mounting rail; a first bracket (36) and a second bracket (36), wherein the first bracket includes a first set of retaining pins (120, 121) and the second bracket includes a second set of retaining pins (120, 121), wherein the first set of retaining pins are inserted into the first set of apertures and the second set retaining pins are inserted into the second set of apertures (Fig. 1); and a shelf top (38, 40) extending from the first bracket to the second bracket and secured to the first bracket and the second bracket (Fig. 1).
Stitchick does not disclose wherein the first bracket includes one or more first tabs that extend from the first bracket towards the second bracket and the second bracket includes one or more second tabs that extend from the second bracket towards the first bracket, wherein the one or more first tabs each include a first fastener sleeve and wherein the one or more second tabs each include a second fastener sleeve; and the shelf top is secured to the first bracket via one or more of the first tabs and the second bracket via one or more of the second tabs.
Fundberg teaches a shelving unit wherein a first bracket includes one or more first tabs (34, 35, 37, 38) that extend from the first bracket towards a second bracket and the second bracket includes one or more second tabs (34, 35, 37, 38) that extend from the second bracket towards the first bracket, wherein the one or more first tabs each include a first fastener sleeve (the opening in the tab, shown in Figs. 8 & 12-14 and described in [0063 & 0069]) and wherein the one or more second tabs each include a second fastener sleeve (the opening in the tab, shown in Figs. 8 & 12-14 and described in [0063 & 0069]); and a shelf top is secured to the first bracket via one or more of the first tabs and the second bracket via one or more of the second tabs ([0069] & Figs. 12-14). As such, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the claimed invention to modify Stitchick wherein the first bracket includes one or more first tabs that extend from the first bracket towards the second bracket and the second bracket includes one or more second tabs that extend from the second bracket towards the first bracket, wherein the one or more first tabs each include a first fastener sleeve and wherein the one or more second tabs each include a second fastener sleeve; and the shelf top is secured to the first bracket via one or more of the first tabs and the second bracket via one or more of the second tabs in view of Fundberg’s teaching, because this arrangement would have replaced one known arrangement with another known arrangement yielding a predictable result.
Regarding claim 3, Stitchick, as modified, teaches a shelving unit wherein one or both of the first set of apertures or the second set of apertures are rectangular (Fig. 6a).
Regarding claim 4, Stitchick, as modified, a shelving unit wherein the first set of apertures are vertically aligned between the top wall and the bottom wall of the first mounting rail and/or wherein the second set of apertures are vertically aligned between the top wall and the bottom wall of the second mounting rail (Fig. 1).
Regarding claim 5, Stitchick, as modified, a shelving unit further comprising: one or more rod rings (450) secured to the shelf top.
Regarding claim 6, Stitchick, as modified, a shelving unit further comprising: a rod (42) inserted through one or more of the rod rings.
Regarding claim 8, Stitchick discloses an adaptive shelving unit, comprising, a first mounting rail (34), a second mounting rail (34), and a third mounting rail (34), wherein each of the first mounting rail, the second mounting rail, and the third mounting rail include a pair of sidewalls (74) that extend from a top wall (84) to a bottom wall (the bottom face of 76 that is visible in Fig. 6a) and a front face (76) that extends between the pair of sidewalls and from the top wall to the bottom wall (Fig. 6a), and wherein the first mounting rail includes a first set of apertures (78) in the front face of the first mounting rail, the second mounting rail includes a second set of apertures (78) in the front face of the second mounting rail, and the third mounting rail includes a third set of apertures (78) in the front face of the third mounting rail; a first bracket (36), a second bracket (114), a third bracket (114), and a fourth bracket (36), wherein the first bracket includes a first set of retaining pins (120, 121), the second bracket includes a second set of retaining pins (120, 121), the third bracket includes a third set of retaining pins (120, 121), and the fourth bracket includes a fourth set of retaining pins (120, 121), wherein the first set of retaining pins are inserted into the first set of apertures (Fig. 1), the second set of retaining pins are inserted into a first subset of the second set of apertures (Fig. 1, the apertures on left side of 34 form the first subset of the second set of apertures), the third set of retaining pins are inserted into a second subset of the second set of apertures (Fig. 1, the apertures on the right side of 34 form the second subset of the second set of apertures), and the fourth set of retaining pins are inserted into the third set of apertures (Fig. 1); and a shelf top (38, 40) extending from the first bracket to the second bracket and from the third bracket to the fourth bracket, wherein the shelf top is secured to one or more of the first bracket, the second bracket, the third bracket, or the fourth bracket (Fig. 1).
Stitchick does not disclose a first set of tabs that extend from the first bracket towards the second bracket, a second set of tabs that extend from the second bracket towards the first backet, a third set of tabs that extend from the third bracket towards the fourth bracket, and a fourth set of tabs that extend from the fourth bracket towards the third backet, wherein each of the first set of tabs include a first fastener sleeve, wherein each of the second set of tabs include a second fastener sleeve, wherein each of the third set of tabs include a third fastener sleeve, and wherein each of the fourth set of tabs include a fourth fastener sleeve; and wherein the shelf top is secured to one or more of the first bracket via the first set of tabs, the second bracket via the second set of tabs, the third bracket via the third set of tabs, or the fourth bracket via the fourth set of tabs.
Fundberg teaches a shelving unit wherein a first bracket includes a first set of tabs (34, 35, 37, 38) that extend from the first bracket towards a second bracket and a second set of tabs (34, 35, 37, 38) that extend from the second bracket towards the first backet, a third set of tabs (34, 35, 37, 38) that extend from the third bracket towards the fourth bracket, and a fourth set of tabs (34, 35, 37, 38) that extend from the fourth bracket towards the third backet, wherein each of the first set of tabs include a first fastener sleeve (the opening in the tab, shown in Figs. 8 & 12-14 and described in [0063 & 0069]), wherein each of the second set of tabs include a second fastener sleeve (the opening in the tab, shown in Figs. 8 & 12-14 and described in [0063 & 0069]), wherein each of the third set of tabs include a third fastener sleeve (the opening in the tab, shown in Figs. 8 & 12-14 and described in [0063 & 0069]), and wherein each of the fourth set of tabs include a fourth fastener sleeve (the opening in the tab, shown in Figs. 8 & 12-14 and described in [0063 & 0069]); wherein the shelf top is secured to one or more of the first bracket via the first set of tabs, the second bracket via the second set of tabs, the third bracket via the third set of tabs, or the fourth bracket via the fourth set of tabs ([0069] & Figs. 12-15). As such, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the claimed invention to modify Stitchick wherein a first set of tabs that extend from the first bracket towards the second bracket, a second set of tabs that extend from the second bracket towards the first backet, a third set of tabs that extend from the third bracket towards the fourth bracket, and a fourth set of tabs that extend from the fourth bracket towards the third backet, wherein each of the first set of tabs include a first fastener sleeve, wherein each of the second set of tabs include a second fastener sleeve, wherein each of the third set of tabs include a third fastener sleeve, and wherein each of the fourth set of tabs include a fourth fastener sleeve; and wherein the shelf top is secured to one or more of the first bracket via the first set of tabs, the second bracket via the second set of tabs, the third bracket via the third set of tabs, or the fourth bracket via the fourth set of tabs in view of Fundberg’s teaching, because this arrangement would have replaced one known arrangement with another known arrangement yielding a predictable result.
Regarding claim 9, Stitchick, as modified, teaches a shelving unit wherein the shelf top comprises a first shelf top portion that extends from the first bracket to the second bracket and a second shelf top portion that extends from the third bracket to the fourth bracket (Fig. 1).
Regarding claim 11, Stitchick, as modified, teaches a shelving unit wherein one or more of the first set of apertures, the second set of apertures, or the third set of apertures are rectangular (Fig. 6a).
Regarding claim 12, Stitchick, as modified, teaches a shelving unit wherein the first set of apertures are vertically aligned between the top wall and the bottom wall of the first mounting rail and the third set of apertures are vertically aligned between the top wall and the bottom wall of the third mounting rail (Fig. 1).
Regarding claim 13, Stitchick, as modified, teaches a shelving unit wherein the first subset of the second set of apertures are vertically aligned between the top wall and the bottom wall of the second mounting rail and the second subset of the second set of apertures are vertically aligned between the top wall and the bottom wall of the second mounting rail (Fig. 1).
Regarding claim 14, Stitchick discloses a shelving unit wherein the first subset of the second set of apertures and the second subset of the second set of apertures are horizontally aligned between the pair of sidewalls of the second mounting rail (Fig. 6a).
Regarding claim 16, Stitchick, as modified, teaches a shelving unit wherein one or more retaining pins of the first set of retaining pins, the second set of retaining pins, the third set of retaining pins, and the fourth set of retaining pins comprise: a stem and a locking member, wherein the stem is attached to a respective bracket of the first bracket, the second bracket, the third bracket, or the fourth bracket and wherein the locking member is attached generally orthogonally to the stem (Fig. 10 shows both the stem and locking member extending from the bracket).
Regarding claim 17, Stitchick, as modified, teaches a shelving unit further comprising: one or more rod rings (430) secured to the shelf top.
Regarding claim 18, Stitchick, as modified, teaches a shelving unit further comprising: a rod (42) inserted through one or more of the rod rings.
Regarding claim 19, Stitchick discloses an adaptive shelving unit comprising: one or more mounting rails (34), wherein each mounting rail includes a pair of sidewalls (74) that extend from a top wall (84) to a bottom wall, a front face (76) that extends between the pair of sidewalls and from the top wall to the bottom wall, and a set of apertures (78) in the front face; and one or more brackets (36), wherein each bracket includes a set of retaining pins, and wherein each of the sets of retaining pins (120, 121) is inserted into the set of apertures of a respective mounting rail.
Stitchick does not disclose the one or more brackets to include one or more tabs each having one or more fastener sleeves. Fundberg teaches a shelving unit wherein a bracket includes one or more tabs (34, 35, 37, 38) each having one or more fastener sleeves (the opening in the tab, shown in Figs. 8 & 12-14 and described in [0063 & 0069]).
As such, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the claimed invention to modify Stitchick wherein the one or more brackets to include one or more tabs each having one or more fastener sleeves in view of Fundberg’s teaching, because this arrangement would have replaced one known arrangement with another known arrangement yielding a predictable result.
Claim(s) 2, 10 & 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Stitchick in view of Fundberg and Aue (US patent 3,647,075).
Regarding claims 2, 10 & 20 Stitchick, as modified, teaches the shelving unit as claimed. Stitchick, as modified, does not disclose a shelving unit wherein the retaining pins are T-shaped. Aue teaches T-shaped retaining pins (48, 50, see Fig. 1). As such, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the claimed invention to replace the retaining pins with T-shaped retaining pins because this arrangement would have replaced one known retaining pin with another known retaining pin yielding a predictable result.
Response to Arguments
Applicant's arguments filed 7/20/2026 have been fully considered but they are not persuasive.
Regarding applicant’s argument that Stitchick (the examiner believes this is a typo and should read Fundberg) (or Fundberg) does not teach a bracket comprising one or more tabs that include fastener sleeves, the examiner disagrees. Projections 34, 35, 37, 38 of Fundberg are tabs which have a fastener sleeve (the opening in the tab is the sleeve and the sleeve is used to connect the bracket to a shelf as described in [0069]).
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL J ROHRHOFF whose telephone number is (571)270-7624. The examiner can normally be reached M-F 7:30-4:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Dan Troy can be reached at 571-270-3742. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DANIEL J ROHRHOFF/Primary Examiner, Art Unit 3637
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