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 Objections
Claims 3 and 16 are objected to because of the following informalities:
Claim 3, line 2, “first slot” should read --first slot of the first side wall--
Claim 3, line 3, “first slot” should read --first slot of the second side wall--
Claim 16, line 2, it appears “first shelf components” should read --a plurality of first shelf components--
Claim 16, line 5, it appears “first shelf components” should read --the plurality of first shelf components--
Claim 16, line 8, it appears “a plurality of first shelf components” should read --the plurality of first shelf components--
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 10, 14 and 15 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.
In regards to claim 10, “the second shelf component for the first shelf” lacks proper antecedent basis. Appropriate correction is required.
Claims 14 and 15 are rejected based on their respective dependencies.
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 1-4, 6, 7, 11, 16 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Potter (US Pat. No. 1,925,673).
In regards to claim 1, Potter teaches a hutch display comprising: a first side wall (11, Fig. 3) having a first slot (15); a second side wall (12); and, a first shelf component for a first shelf, the first shelf component for the first shelf having a support surface (22) extending between the first side wall and the second side wall from a front edge (29, Fig. 6) to a rear edge (41) and having a rear tab (42) with a first portion configured to fit in the first slot of the first side wall (e.g.; see Fig. 2).
In regards to claim 2, Potter teaches the second side wall (12) includes a first slot (15) aligned with the first slot (15) of the first side wall (11) and wherein the rear tab (42) having a second portion configured to fit in the first slot of the second side wall.
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In regards to claim 3, Potter teaches the first side wall (11) includes a first arm (A1; see annotation above) extending from the first slot (15) to support the first shelf component of the first shelf and the second side wall includes a first arm (A2) extending from the first slot (15) to support the first shelf component of the first shelf.
In regards to claim 4, Potter teaches the first shelf component for the first shelf includes a rear slot (23, Fig. 6) proximate the rear edge.
In regards to claim 6, Potter teaches the first side wall includes a second slot (14) and a first shelf component for a second shelf, the first shelf component for the second shelf having a support surface (21) extending between the first side wall and the second side wall from a front edge to a rear edge and having a rear tab (39) with a first portion configured to fit in the second slot of the first side wall (e.g.; see Fig. 2).
In regards to claim 7, Potter teaches the first shelf component for the second shelf includes a rear slot (23) proximate the rear edge of the support surface of the first shelf component for the second shelf.
In regards to claim 11, Potter teaches the first portion of the rear tab of the first shelf component for the first shelf includes a first slot (45, Fig. 6) for engaging the first slot of the first side wall.
In regards to claim 16, Potter teaches a hutch display comprising: a first side wall (11, Fig. 7) having a first plurality of slots (13-15) for securing first shelf components and a first plurality of support arms (e.g.; A1 above), each support arm extending from one of the plurality of first slots in the first side wall; a second side wall (12) having a second plurality of slots (13-15) for securing first shelf components and a second plurality of support arms (e.g.; A2 above), each support arm extending from one of the plurality of second slots in the second side wall; a front panel (B, Fig. 6) having a plurality of first shelf components, each first shelf component of the plurality of first shelf components having a first tab portion (a first portion of 36, 39, 42) configured to engage one of the first plurality of slots in the first side wall and a second tab portion (a second portion of 36, 39, 42) configured to engage one of the second plurality of slots in the second side wall.
In regards to claim 20, Potter teaches a hutch display comprising: a first side wall (11, Fig. 7); a second side wall (12); and, a first shelf component for a first shelf, the first shelf component for the first shelf having a support surface (22, Fig. 6) extending between the first side wall and the second side wall from a front edge (29) to a rear edge (41) and having a rear tab (42) with a first portion having a first slot (45) to engage the first side wall and a second portion having a second slot (45) configured to engage the second side wall.
Allowable Subject Matter
Claims 5, 8, 9, 12, 13 and 17-19 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 10, 14 and 15 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.
The following is a statement of reasons for the indication of allowable subject matter: Potter is considered the closest prior art of record as discussed above. It would not be obvious to modify Potter to include the second shelf component and plurality of second shelf components with their associated limitations as recited in claims 5, 8 and 17 because such a modification would destroy the principle operation of the device, which includes the front panel (B) attaching directly to the side walls with panels 24 and 25 vertical between the shelf surfaces. The prior art of record does not anticipate or make obvious a hutch display having the combination of structural and functional limitations of Applicant’s claimed invention.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please see the PTO-892 for additional prior art related to Applicant’s disclosed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STANTON L KRYCINSKI whose telephone number is (571)270-5381. The examiner can normally be reached Monday-Friday, 10:00AM-5:00PM ET.
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/Stanton L Krycinski/Primary Examiner, Art Unit 3631