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.
Claim 27 is 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.
Claim 27 states “and be at least 30 inches wide” but it is not clear what part or member is being referred to. Appropriate correction is required.
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.
Claim(s) 19, 21-22, 26 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Beck et al. (US 11,602,221).
Regarding claim 19, Beck et al. (hereafter “D1”) discloses a security structure (beams 131, 130 and tie bars 140, 142, 144 secure the shelf mediums 150), comprising: a left-side (130) and a right-side elongated support member (131), each extending in a front-to-back rearward direction from a respective front end to a respective rear end of each support member (rack considered from a perspective from the short side of the unit 100); a plurality of cross beams (140, 142. 144) extending in a sideways direction from the left-side support member to the right-side support member (figure 3); the cross beams having a cross section of two legs (173, 193; col. 5, lines 46-58), each leg extending away from a common vertex to a respective leg end, the vertex pointing upwards, away from the support members and the leg ends being attached to the support members (col. 6, lines 18-23).
Regarding claim 21, D1 discloses wherein the support members (130, 131) have an L-shaped angle bracket cross section (figure 5).
Regarding claim 22, D1 discloses wherein the support members (130, 131) have an L-shaped angle bracket cross section having a horizontal lower wall (185) and a vertical upper wall (184) extending upwards from the horizontal lower wall and the cross beams (140) are on an upper surface of the horizontal lower wall (figure 5).
Regarding claim 26, D1 discloses wherein the support members (130, 131) extend at least 3 feet in the front-to-back rearward direction from the respective front end to the respective rear end of each support member (D1 discloses 2 foot spacing of tie bars 140/141/142 – col. 3, lines 29-32).
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(s) 20, 23-25, 27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Beck et al. (US 11,602,221).
Regarding claim 20, D1 discloses wherein the vertex is at an angle as shown in figure 2 but does not specify the angle. It would have been obvious to one of ordinary skill in the art at the time of the effective filing date to utilize an angle for cross beams of approximately 90 degrees as an obvious design choice of angle in an optimum working range as would be apparent to one of ordinary skill in the art.
Regarding claims 23-25, D1 discloses further comprising an attachment clip (not indexed – L-shaped bracket in figure 1 at ends of 130, 131) having connecting members to vertical posts. D1 does specifically disclose the use of bolt holes even though there are two indicated instances where connectors are attached in the figure (1). It would have been obvious to one of ordinary skill in the art at the time of the effective filing date to have bolt holes for the clip connectors in D1 as suggested by the figures of D1.
Regarding claim 27, D1 discloses wherein the support members extend at least 40 inches in the front-to-back rearward direction from the respective front end to the respective rear end of each support member but do not state the length of the cross beams (width between support members). However, based on the disclosed 2 foot spacing of cross beams, the figures suggest a width at least significantly larger than 2 feet and therefore it would have been obvious to one of ordinary skill in the art at the time of the effective filing date to provide the device of D1 having cross beam length of at least 30 inches.
Allowable Subject Matter
Claims 28-34 are allowed.
The following is an examiner’s statement of reasons for allowance: The prior art of record does not disclose or suggest any combination meeting the limitations of the independent claim(s). Specifically, D1 does not teach at least the claimed welded cross beams and D1 teaches away from a welded non-releasable connection and the other prior art documents of record do not suggest a modification or combination to meet these limitations.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See notice of references cited form PTO-892. References not applied but cited are relevant as disclosing or suggesting at least one feature in the claims or disclosure of the present application.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PATRICK D HAWN whose telephone number is (571)270-5320. The examiner can normally be reached Monday - Friday 9-6.
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/PATRICK D HAWN/Primary Examiner, Art Unit 3631