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 § 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 21-22 and 33 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhu 2024/0407547.
It should be noted that there is no support for “a first connector disposed at the first side midpoint region, a second connector disposed at the second side midpoint region, a midline rail extending from the first connector to the second connector; and a first vertical support configured to engage said first connectors of said plurality of shelves and a second vertical support configured to engage said second connectors of said plurality of shelves” in the parent application #17/693101, therefore the current subject matter of claims 21-34 will only be granted the filing date of 03/17/2025.
Regarding claim 21, Zhu discloses a collapsible rack assembly (Fig 1, #10) comprising:
a plurality of elongated shelves (annotated Fig 1 below), each elongated shelf (annotated Fig 1 below) having a first side, a second side, a first end, a second end, a top side, and a bottom side and comprising:
a first side midpoint region (annotated Fig 1 below) disposed between a pair of first side corner regions (annotated Fig 1 below),
a second side midpoint region (annotated Fig 1 below) disposed between a pair of second side corner regions (annotated Fig 1 below),
a first connector (annotated Fig 1 below) disposed at the first side midpoint region (annotated Fig 1 below),
a second connector (annotated Fig 1 below) disposed at the second side midpoint region (annotated Fig 1 below),
a midline rail (annotated Fig 1 below) extending from the first connector (annotated Fig 1 below) to the second connector (annotated Fig 1 below); and
a first vertical support (annotated Fig 1 below) configured to engage said first connectors (annotated Fig 1 below) of said plurality of shelves (annotated Fig 1 below)
and a second vertical support (annotated Fig 1 below) configured to engage said second connectors (annotated Fig 1 below) of said plurality of shelves (annotated Fig 1 below), whereby said first and second vertical supports (annotated Fig 1 below) extend between and support the plurality of elongated shelves (annotated Fig 1 below) at their first and second side midpoint regions (annotated Fig 1 below) when the collapsible rack assembly is in an assembled position (Fig 1).
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Regarding claim 22, Zhu discloses the collapsible rack assembly, wherein said first connector (annotated Fig 1 above) comprises a first sleeve (annotated Fig 1 above) having a first passage (bottom opening or top opening) for accepting said first vertical support (annotated Fig 1 above) and said second connector (annotated Fig 1 above) comprises a second sleeve (annotated Fig 1 above) having a second passage (bottom opening or top opening) for accepting said second vertical support (annotated Fig 1 above).
Regarding claim 33, Zhu discloses the collapsible rack assembly further comprising a first side rail (annotated Fig 1 above) and a second side rail (annotated Fig 1 above), the midline rail (annotated Fig 1 above) disposed between the first side rail (annotated Fig 1 above) and the second side rail (annotated Fig 1 above) such that a pair of channels are defined on the bottom side between the first side rail (annotated Fig 1 above) and the second side rail (annotated Fig 1 above).
Claims 21-22, 24, and 32-33 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Masunaka 6,257,426.
Regarding claim 21, Masunaka discloses a collapsible rack assembly comprising:
a plurality of elongated shelves (annotated Fig 11 below), each elongated shelf (annotated Fig 11 below) having a first side (annotated Fig 11 below), a second side (annotated Fig 11 below), a first end (annotated Fig 11 below), a second end (annotated Fig 11 below), a top side, and a bottom side and comprising:
a first side midpoint region (annotated Fig 11 below) disposed between a pair of first side corner regions (annotated Fig 11 below),
a second side midpoint region (annotated Fig 11 below) disposed between a pair of second side corner regions (annotated Fig 11 below),
a first connector (annotated Fig 11 below) disposed at the first side midpoint region (annotated Fig 11 below),
a second connector (annotated Fig 11 below) disposed at the second side midpoint region (annotated Fig 11 below),
a midline rail (annotated Fig 11 below) extending from the first connector (annotated Fig 11 below) to the second connector (annotated Fig 11 below); and
a first vertical support (annotated Fig 11 below) configured to engage said first connectors (annotated Fig 11 below) of said plurality of shelves (annotated Fig 11 below) and a second vertical support (annotated Fig 11 below) configured to engage said second connectors (annotated Fig 11 below) of said plurality of shelves (annotated Fig 11 below), whereby said first and second vertical supports (annotated Fig 11 below) extend between and support the plurality of elongated shelves (annotated Fig 11 below) at their first (annotated Fig 11 below) and second side midpoint regions (annotated Fig 11 below) when the collapsible rack assembly is in an assembled position (Fig 11).
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Regarding claim 22, Masunaka discloses the collapsible rack assembly, wherein said first connector (annotated Fig 11 above) comprises a first sleeve (annotated Fig 11 above) having a first passage (bottom opening or top opening) for accepting said first vertical support (annotated Fig 11 above) and said second connector (annotated Fig 11 above) comprises a second sleeve (annotated Fig 11 above) having a second passage (bottom opening or top opening) for accepting said second vertical support (annotated Fig 11 above).
Regarding claim 24, Masunaka discloses the collapsible rack assembly wherein each midline rail (annotated Fig 11 above) has a top side rail (annotated Fig 11 below) and a bottom side rail (annotated Fig 11 below), each having ends connected to the first connector (annotated Fig 11 above) and the second connector (annotated Fig 11 above).
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Regarding claim 32, Masunaka discloses the collapsible rack assembly wherein the first connector (annotated Fig 11 above) and the second connector (annotated Fig 11 above) are respectively configured to detachably couple to the first vertical support (annotated Fig 11 above) and the second vertical support (annotated Fig 11 above).
Regarding claim 33, Masunaka discloses the collapsible rack assembly further comprising a first side rail (annotated Fig 11 below) and a second side rail (annotated Fig 11 below), the midline rail (annotated Fig 11 above) disposed between the first side rail (annotated Fig 11 below) and the second side rail (annotated Fig 11 below) such that a pair of channels (annotated Fig 11 above) are defined on the bottom side between the first side rail (annotated Fig 11 below) and the second side rail (annotated Fig 11 below).
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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 23 is rejected under 35 U.S.C. 103 as being unpatentable over Masunaka 6,257,426 in view of Chang 5,676,263.
Regarding claim 23, Masunaka has been discussed above but does not explicitly teach wherein said first vertical support comprises a plurality of first sections which are selectively connectable, wherein said plurality of first sections have a length which is less than a distance between said first and second ends of said plurality of shelves.
Chang discloses a collapsible rack assembly (Fig 3) wherein a first vertical support (annotated Fig 3 below) comprises a plurality of first sections (annotated Fig 3 below) which are selectively connectable, wherein said plurality of first sections (annotated Fig 3 below) have a length which is less than a distance between a first end (annotated Fig 3 below) and a second end (annotated Fig 3 below) of a plurality of shelves (annotated Fig 3 below).
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It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to replace a portion of the first vertical support (Masunaka, annotated Fig 11 below) of Masunaka with a plurality connectable first sections (Chang, annotated Fig 3 above) because the substitution of one known post or post section type for another would have yielded predictable results to one of ordinary skill in the art at the time of the invention. Further the interconnectable first sections (Chang, annotated Fig 3 above) will enable sections of the first vertical support (Masunaka, annotated Fig 11 above) to be easily replaced if they become damaged.
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Claims 25-28 are rejected under 35 U.S.C. 103 as being unpatentable over Masunaka 6,257,426 in view of Hanlon 2022/0287457.
It should be noted that there is no support for “a first connector disposed at the first side midpoint region, a second connector disposed at the second side midpoint region, a midline rail extending from the first connector to the second connector; and a first vertical support configured to engage said first connectors of said plurality of shelves and a second vertical support configured to engage said second connectors of said plurality of shelves” in the parent application #17/693101, therefore the current subject matter of claims 21-34 will only be granted the filing date of 03/17/2025.
Regarding claim 25, Masunaka has been discussed above but does not explicitly teach wherein the bottom side rail of the midline rail includes a pair of first notches defined between the first connector and the second connector.
Hanlon discloses a collapsible rack assembly (Fig 1) comprising a bottom
side rail (annotated Fig 6 below) of a widthwise rail (annotated Figs 1 & 6 below) that includes a pair of first notches (annotated Fig 6 below) defined between a first connector (annotated Fig 6 below) and a second connector (annotated Fig 6 below).
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It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to form notches (Hanlon, annotated 6 above) on the bottom side rail (Masunaka, annotated Fig 11 above) of the midline rail (Masunaka, annotated Fig 11 above) of Masunaka (which is a widthwise rail (as shown in Masunaka, Fig 11)) in order to make the shelves (Masunaka, annotated Fig 11 above) more aesthetically appealing. Further, the substitution of one known shelf bottom rail shape for another would have yielded predictable results to one of ordinary skill in the art at the time of the invention. Such a modification would have involved a mere change in the shape of a component. A change in shape is generally recognized as being within the level of ordinary skill in the art.
Regarding claim 26, modified Masunaka discloses the collapsible rack assembly wherein each first notch (Hanlon, annotated 6 above) is formed by a first segment (Hanlon, annotated 6 below) coupled at a first obtuse angle with a second segment (Hanlon, annotated 6 below), the second segment coupled (Hanlon, annotated 6 below) at a second obtuse angle with a third segment (Hanlon, annotated 6 below), the third segment (Hanlon, annotated 6 below) coupled to one of the first sleeve (Hanlon, annotated 6 above) or the second sleeve (Hanlon, annotated 6 above).
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Regarding claim 27, modified Masunaka discloses the collapsible rack assembly wherein each of the plurality of elongated shelves (Masunaka, annotated Fig 11 above) further comprises a plurality of end members (Masunaka, annotated Fig 11 below) extending from at least one of the first connector (Masunaka, annotated Fig 11 above) or the second connector in opposing directions and perpendicular to the midline member (Masunaka, annotated Fig 11 above).
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Regarding claim 28, modified Masunaka discloses the collapsible rack assembly wherein at least one of the first notches (Hanlon, annotated 6 above) of a first elongated shelf (Masunaka, annotated 11 above) of the plurality of elongated shelves (Masunaka, annotated 11 above) is configured to or capable of allowing at least one of the plurality of end members (Masunaka, annotated 11 above) of another elongated shelf to nest within the first elongated shelf (Masunaka, annotated 11 above) when the collapsible rack assembly is in a collapsed position.
Claim 29 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of Masunaka 6,257,426 and Hanlon 2022/0287457; and further in view of Leeds D326,579.
Regarding claim 29, modified Masunaka has been discussed above but does not explicitly teach wherein each corner region has a second notch, the second notches being aligned with a corresponding first notch.
Leeds discloses a shelf (Fig 1) that is configured to be used in a collapsible rack assembly wherein each corner region (annotated Fig 3 below) of the shelf (Fig 1) has a second notch (annotated Fig 3 below).
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It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to form second notches (Leeds, annotated 3 above) at corner regions (Masunaka, annotated Fig 11 below) of the end members (Masunaka, annotated Fig 11 below) of Masunaka which will result in the second notches (Leeds, annotated 3 above) being aligned with a corresponding first notch (Hanlon, annotated 6 above) in order to make the shelves (Masunaka, annotated Fig 11 above) more aesthetically appealing. Further, the substitution of one known shelf bottom rail shape for another would have yielded predictable results to one of ordinary skill in the art at the time of the invention. Such a modification would have involved a mere change in the shape of a component. A change in shape is generally recognized as being within the level of ordinary skill in the art.
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Claim 31 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of Masunaka 6,257,426 and Hanlon 2022/0287457; and further in view of Horn 2012/0031863.
Regarding claim 31, modified Masunaka discloses the collapsible rack assembly (Fig 11) further comprising a third elongated shelf (annotated Fig 11 below) of the plurality of elongated shelves, the third elongated shelf (annotated Fig 11 below) comprising a plurality of feet (annotated Fig 11 below) (bottom portion of each post) disposed in the corner regions and said first connector (annotated Fig 11 below) thereof configured to receive and support a first end (top end) of said first vertical support (annotated Fig 11 below) and said second connector (annotated Fig 11 below) thereof configured to receive and support a first end (top end) of said second vertical support (annotated Fig 11 below).
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Modified Masunaka has been discussed above but does not explicitly teach the third elongated shelf comprising a plurality of adjustable feet.
Horn discloses a collapsible rack assembly (Figs 1 & 6, #100) comprising a third shelf (annotated Fig 1 below) comprising a plurality of adjustable feet (Figs 1 & 6, #150) [0027].
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It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to replace the feet (Masunaka, annotated Fig 11 above) (bottom portions of the posts) of modified Masunaka with adjustable feet (Horm, Fig 6, #150) because the substitution of one known type of feet for another would have yielded predictable results to one of ordinary skill in the art at the time of the invention. Further the adjustable feet (Horm, Fig 6, #150) will enable the rack of modified Masunaka to be leveled on an uneven support surface or floor.
Claim 34 is rejected under 35 U.S.C. 103 as being unpatentable over Masunaka 6,257,426 in view of Leeds D326,579.
Regarding claim 34, Masunaka has been discussed above but does not explicitly teach wherein each of the first side rail and the second side rail have a pair of notches disposed between the first end and the second end.
Leeds discloses a shelf (Fig 1) that is configured to be used in a collapsible rack assembly wherein each first side rail (annotated Fig 3 below) and the second side rail (annotated Fig 3 below) have a pair of notches (annotated Fig 3 below) disposed between a first end (annotated Fig 3 below) and a second end (annotated Fig 3 below). .
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It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to notches (Leeds, annotated 3 above) at the corners of the first and second side rails (Masunaka, annotated Fig 11 above) of Masunaka in order to make the shelves (Masunaka, annotated Fig 11 above) of Masunaka more aesthetically appealing. Further, the substitution of one known shelf bottom rail shape for another would have yielded predictable results to one of ordinary skill in the art at the time of the invention. Such a modification would have involved a mere change in the shape of a component. A change in shape is generally recognized as being within the level of ordinary skill in the art.
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Allowable Subject Matter
Claim 30 is allowed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEVIN K BARNETT whose telephone number is (571)270-1159. The examiner can normally be reached Monday-Friday 10am-6pm.
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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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/DEVIN K BARNETT/Primary Examiner, Art Unit 3631
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