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 .
Election/Restrictions
Applicant’s election without traverse of Species A in the reply filed on 13 May 2026 is acknowledged.
Claims 10 and 19 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 13 May 2026.
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 15-18 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 15, the recitation, “the frame middle bar having a middle bar front end welded to the frame back bar, and a middle bar back end opposite the middle bar front end and welded to the frame front bar”, is indefinite because it appears the middle bar front end is welded to the frame front bar, and the middle bar back end is welded to the frame back bar based on directional framing of the claim. Appropriate explanation or correction is required.
Claims 16-18 are rejected based on their respective dependencies.
Allowable Subject Matter
Claims 1-9, 11-14 and 20 are allowed. Claims 15-18 would be allowable if rewritten or amended 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.
The following is a statement of reasons for the indication of allowable subject matter: McCarthy (US Pat. No. 913,228) and Letham (US Pat. No. 9,635,940 B2) are considered the closest prior art of record. The prior art of record does not anticipate or make obvious a kit for a wall rack, and a wall rack assembly 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 the 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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Liu can be reached at (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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/Stanton L Krycinski/Primary Examiner, Art Unit 3631
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