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.
Claims 1-17 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 pre-AIA the applicant regards as the invention. With respect to claim 1, the recitation “a first state in which the arm is oriented perpendicular with respect to the vertical upright; a second state in which the arm is angled toward the upper end of the vertical upright; and a third state in which the arm is oriented parallel with respect to the vertical upright” is vague and indefinite as to “the vertical upright” is referring to the first vertical upright or the second vertical upright or both. With respect to claim 5, “an adjustment faster” is vague and indefinite. Perhaps applicant means to say “an adjustment fastener”? Claims 2-17 is rejected for dependent on a rejected claim.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
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Claims 1, 3, 4, 7-9, 15, and 17-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Suman et al (US 8281943 B2).
With respect to claim 1, Suman discloses a storage system configured for suspension from a storage container or modular building (figure 22 shows the unit mounted to a wall of a building where Suman discloses “ the system is leaned against a wall or abutted flat against a wall, such as for providing a flat or tilted storage of shoes, display of tools in a garage, display of spices in a pantry, storage of clothing articles in home or commercial applications, display of magazines, plants, books, and the like in indoor and outdoor applications, in both commercial and domestic location “ column 4, lines 23-29), the storage system comprising: a first vertical upright (U1, see examiner’s markup above) extending between an upper end and a lower end, the upper end opposite the lower end; a second vertical upright (U2, see examiner’s markup above) spaced apart from the first vertical upright and extending between an upper end and a lower end, the upper end opposite the lower end; a first arm (A1, see markup above) coupled to the first vertical upright; a second arm (A2, see markup above) coupled to the second vertical upright; and a shelf (24) coupled to the first and second arms, the shelf having a first side (L1, see markup above) and a second side (25, 2) opposite the first side, the first side (L1) located proximate the first and second vertical uprights; wherein each of the first arm and the second arm is configured to pivot between and to be releasably fixed in position in: a first state (S1, SEE MARKUP ABOVE) in which the arm is oriented perpendicular with respect to the vertical upright; a second state (S2) in which the arm is angled toward the upper end of the vertical upright (the arm A1, A2 are angled or pointing up from side 27 to L1 of the shelf); and a third state (S3, see markup above) in which the arm is oriented parallel with respect to the vertical upright.
With respect to claim 3, Suman discloses the storage system of claim 1 as advanced above, wherein: the second vertical upright (U2, see markup above) is parallel and offset from the first vertical upright (U1); and the shelf (24) extends between the first arm and the second arm.
With respect to claim 4, Suman discloses the storage system of claim 1 as advanced above, wherein the first and second arms (A1 and A2, see markup above) each include: a first side (38, figure 2) coupled to the first or second vertical upright (U1 and U2); and a second side (side of arm A1 and A2 connected to 27 herein referred to as 27) opposite the first side, the second side (27) offset from the first and second vertical uprights (U1 and U2).
With respect to claim 7, Suman discloses the storage system of claim 1 as advanced above, wherein the first vertical upright defines a plurality of vertical upright apertures (35-37, figure 2) including: a first vertical upright aperture (35); a second vertical upright aperture (37); and a third vertical upright aperture (36), wherein a first distance (D1, SEE MARKUP ABOVE) is defined between the first vertical upright aperture (35) and the upper end of the first vertical upright, a second distance (D2) is defined between the second vertical upright aperture (37) and the upper end of the first vertical upright, a third distance (D3) is defined between the third vertical upright aperture (36) and the upper end of the first vertical upright, and the first distance (D1) is less than the second distance (D2) and the third distance (D3).
With respect to claim 8, Suman discloses the storage system of claim 7 as advanced above, wherein the third vertical upright aperture (36, FIGURE 2) is disposed closer to the shelf (24) than the second vertical upright aperture (37, FIGURE 2).
With respect to claim 9, Suman discloses the storage system of claim 8 as advanced above, wherein in the first state (S1, SEE MARKUP ABOVE), the second state (S2), and the third state (S3), the first arm (A1) is configured to pivot about the third vertical upright aperture (36, FIGURE 2).
With respect to claim 15,Suman discloses the storage system of claim 1 as advanced above, wherein the first arm (A1) includes: a first portion (38, figure 2) configured to couple to the first vertical upright (U1); and a second portion (A1) extending substantially perpendicular to the first portion (38, figure 2), the second portion (A1) configured to couple to the shelf (24).
With respect to claim 17, Suman discloses the storage system of claim 1 as advanced above, wherein the shelf is a first shelf (uppermost 24, figure 22), the storage system further comprising: a third arm (A1 of a lower shelf, figure 22) coupled to the first vertical upright (U1); a fourth arm (A2 of a lower shelf, figure 22) coupled to the second vertical upright (U2); and a second shelf (24) coupled to the third and fourth arms, the second shelf having a first side and a second side opposite the first side, the first side located proximate the first and second vertical uprights; wherein the first arm, the second arm, the third arm, and the fourth arm are independently adjustable in the first state, the second state, and the third state (figures 22 and 28).
With respect to claim 18, Suman discloses a storage system (20, figures 22-28) configured for suspension from a storage container (pantry, column 4, lines 25-26), the storage system comprising: a vertical upright (U1, see examiner’s markup above) extending between an upper end and a lower end, the upper end opposite the lower end; and an arm (A1) configured to support a shelf (24), the arm (A1) coupled to the vertical upright, the arm including: a first side (38) coupled to the vertical upright (U1); and a second side opposite (27) the first side, the second side (27, figure 2) offset from the vertical upright (U1); wherein the arm (A1) is configured to pivot between a plurality of independent locking states (figures 22 and 28), the locking states including: a first state (S1, SEE MARKUP ABOVE) in which the arm is oriented perpendicular with respect to the vertical upright; and a second state (S3, SEE MARKUP ABOVE) in which the arm is oriented parallel with respect to the vertical upright (22, figure 28).
With respect to claim 19, Suman discloses the storage system of claim 18 as advanced above, wherein the vertical upright (U1, U2, see markup above) defines a plurality of vertical arm apertures including: a first vertical upright aperture (35, figure 2); a second vertical upright aperture (37, figure 2); and a third vertical upright aperture (36, figure 2), wherein a first distance (D1, SEE MARKUP ABOVE) is defined between the first vertical upright aperture (35) and the upper end of the vertical upright, a second distance (D2, SEE MARKUP ABOVE) is defined between the second vertical upright aperture (37) and the upper end of the vertical upright, a third distance (D3, SEE MARKUP ABOVE) is defined between the third vertical upright aperture (36) and the upper end of the vertical upright, and the first distance (D1) is less than the second distance (D2)and the third distance (D3).
With respect to claim 20, Suman discloses a storage unit comprising: a shipping container or modular building (figure 22 shows the unit mounted to a wall of a building where Suman discloses “ the system is leaned against a wall or abutted flat against a wall, such as for providing a flat or tilted storage of shoes, display of tools in a garage, display of spices in a pantry, storage of clothing articles in home or commercial applications, display of magazines, plants, books, and the like in indoor and outdoor applications, in both commercial and domestic location “ column 4, lines 23-29) ; and a storage system positioned in the shipping container or the modular building and comprising: a vertical upright (U1, SEE MARKUP ABOVE) extending between an upper end and a lower end, the upper end opposite the lower end; an arm (U1) coupled to the vertical upright, the arm including: a first side (38, FIGURE 2) coupled the vertical upright; and a second side (27) opposite the first side, the second side offset from the vertical upright; and a shelf (24) coupled to the arm; wherein the arm is configured to pivot between a plurality of independent locking states (FIGURES 22 AND 28), the locking states including: a first state (S1) in which the arm is oriented perpendicular with respect to the vertical upright; a second state (S2)in which the arm is oriented angled toward the upper end of the vertical upright; and a third state (S3) in which the arm is oriented angled towards the lower end of the vertical upright.
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 2 are rejected under 35 U.S.C. 103 as being unpatentable over Suman et al (US 8281943 B2) in view of Brenner et al (US 11197563 B1).
With respect to claim 2, Suman discloses the storage system of claim 1 as advanced above except wherein the shelf is a pegboard configured to hold items received in holes of the pegboard when the shelf is fixed in the third state.
Brenner discloses a storage system comprising a pair of uprights (104), pair of arms (148) attached uprights and supporting a shelf (150) therebetween; wherein the shelf is a pegboard (150) configured to hold items (hooks, figure 2) received in holes (152) of the pegboard when the shelf is fixed in the third state where the shelf is parallel to the uprights (figure 2). Brenner in column 5, lines 24-31, discloses that “In at least one embodiment, the support ledge 150 includes a plurality of holes 152 formed therethrough. The holes 152 are configured to receive hooks, for example, which are then retained by the structure of the support ledge 150 surrounding the holes 152 when the shelf 106 is in a second configuration, in which the support ledge 150 is parallel to (or substantially parallel to, such as within 10 degrees of) the rear wall 134 of the shelving support assembly 104”.
It would have been obvious to one of ordinary skilled in the art to have modify the shelf of Suman such that the shelf is a pegboard configured to hold items received in holes of the pegboard when the shelf is fixed in the third state as taught to be desirable by Brenner.
Claims 10-14 and 16 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art of record further demonstrate angular adjustable shelves.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Ko (Korie) H Chan whose telephone number is (571)272-6816. The examiner can normally be reached on Monday -Friday, 8:00 - 5:00 EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Liu can be reached on 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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/Ko H Chan/Primary Examiner, Art Unit 3631
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