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 1, 2, 7 and 8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cunha (WO01/21040). Cunha teaches a “retrofit kit” comprising: at least one mounting hardware set (Fig. 2), including: a left slide support including a left fixed bracket (4), a left sliding bracket (7), and a left slide mechanism (6) connecting the left fixed bracket and the left sliding bracket; a right slide support including a right fixed bracket (4), a right sliding bracket (7), and a right slide mechanism (6) connecting the right fixed bracket and the right sliding bracket; a cross-bar (page 9, line 5) configured to connect the left and right sliding brackets; wherein each of the fixed brackets includes at least one offset tab (3) configured to hook into one of a support opening (2) of a support structure (1) to at least partially support the fixed bracket from the support structure; and wherein each of the sliding brackets is configured receive the wire shelf (11,12) such that the wire shelf can slide with the sliding brackets relative to the fixed brackets. Wherein: the at least one mounting hardware set includes at least two fasteners (32) configured to join the cross-bar to the left and right sliding brackets. Wherein: the at least one offset tab of each of the fixed brackets is configured to constrain both front to back and left to right movement of the fixed bracket relative to the support structure when the at least one offset tab is hooked into the one of the support openings of the support structure. Wherein: the at least one offset tab of each of the fixed brackets projects rearwardly from a rear end of the fixed bracket.
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.
Claims 3 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over Cunha (WO01/21040) in view of Barroero et al (4,248,489). As stated above, Cunha teaches the limitations of claim 1, including a mounting hardware set. For claim 3, Cunha fails to teach four mounting sets packaged in an enclosure. First, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use four mounting hardware sets of Cunha, to provide multiple wire shelves for use in storing objects on/in a structure. Furthermore, it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. MPEP 2144.04 Second, Barroero teaches packaging a rack hardware set in an enclosure (column 12, lines 17-37; Figs. 21 and 22). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to ship and/or store the sets of Cunha, modified, in an enclosure, such as is taught by Barroero, for easy and compact transport and storage thereof.
For claim 4, Cunha in view of Barroero further teaches that the at least four mounting hardware sets packaged are segregated from each other in the enclosure (via 134 of Barroero).
Claims 6 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Cunha (WO01/21040) in view of Souter et al (GB2500803). As stated above, Cunha teaches the limitations of claims 1 and 7, including fixed brackets. For claims 6 and 9, Cunha fails to teach that each of the fixed brackets is formed of sheet metal and includes a bent flange defining a rear end of the fixed bracket, the at least one offset tab being bent out of the bent flange and the at least one offset tab of each of the fixed brackets projects laterally relative to a length of the fixed bracket. Souter teaches fixed brackets (103) formed of sheet metal and includes a bent flange (a; see annotated figure below; Fig. 2) defining a rear end of the fixed bracket, an offset tab (b) being bent out of the bent flange and the at least one offset tab of each of the fixed brackets projects laterally relative to a length of the fixed bracket. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use alternate tabs on the fixed brackets of Cunha, i.e. using the tabs of Souter in place of the tabs presently used, to provide reinforced, stronger tabs on the fixed brackets. Furthermore, since these tabs are functionally equivalent, either would work equally well on the brackets of Cunha.
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Allowable Subject Matter
Claim 5 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 10-22 are allowed.
The prior art fails to teach, for claim 10, a slide support including: a fixed bracket; a sliding bracket; and a slide mechanism connecting the fixed bracket and the sliding bracket; wherein the fixed bracket includes at least one offset tab configured to hook into a support slot of a support structure to at least partially support the fixed bracket from the support structure; and wherein the sliding bracket has a first end that includes a first recess configured to receive a first wire portion of a wire shelf and a second recess on a second end configured to receive a second wire portion of the wire shelf.
Cunha (WO01/21040), for claim 17, teaches a rack system and inherently a method of installation thereof onto a structure that includes a plurality of support structures with a plurality of vertically spaced support openings, the system including: a left slide support including a left fixed bracket, a left sliding bracket, and a left slide mechanism connecting the left fixed bracket and the left sliding bracket, at least one offset tab of the left fixed bracket hooking into one of the support openings of a first said support structure; a right slide support including a right fixed bracket, a right sliding bracket, and a right slide mechanism connecting the right fixed bracket and the right sliding bracket, at least one offset tab of the right fixed bracket hooking into one of the support openings of a second said support structure; and forward portions of the left and right sliding brackets are connected with a cross-bar. Cunha fails to teach that the system is mounted in a cooler having an existing stationary wire shelf wherein when the shelf is removed, the sliding system described above is installed on the existing support structures in the cooler, then on the left and right sliding brackets, the existing wire shelf is mounted so that it slides with the sliding brackets relative to the fixed brackets.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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Wilkens
September 22, 2026
/JANET M WILKENS/ Primary Examiner, Art Unit 3637
