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 C (Figs 14-16) and Subspecies bb (Fig 19) in the reply filed on 08/14/2026 is acknowledged.
Claims 4-8 and 16-17 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Species and/or Subs[ecies, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 08/14/2026.
Regarding claim 16, engaging groove limitations in claim 16 only read on Species A (i.e. Fig 5), the applicant elected Species C (Figs 14-16) and Species C (Figs 14-16) does not have a gasket that comprises an engaging groove configured for a connection between the position-limiting piece and the gasket.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-3 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-2 of U.S. Patent No. 12,396,556. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-3 of the instant application are generic or broader in scope to all that is recited in claims 1-2 of U.S. Patent No. 12,396,556. That is, claims 1-3 of the instant application are anticipated by claims 1-2 of U.S. Patent No. 12,396,556. Specifically, because claims 1-2 of U.S. Patent 12,396,556 includes all the limitations set forth in claims 1-3 of the instant application and further includes other features which are not claimed in this application therefore, claims 1-3 of the instant application are broader in scope than the claims 1-2 of U.S. Patent 12,396,556 and anticipated by U.S. Patent 12,396,556.
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 1-3, 9, 15, 18-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Marchetta 2005/0150436.
Regarding claim 1, Marchetta discloses a shelving system (Figs 1, 10, & 11A), comprising a bracket (Figs 1 & 10, #36) and a vertical beam (Fig 1, #34), wherein the
vertical beam (Fig 1, #34) is connected to a vertical surface (as shown in Fig 1), and the bracket (Figs 1 & 10, #36) is connected to the vertical beam (Fig 1, #34).
Regarding claim 2, Marchetta discloses the shelving system further comprising a position-limiting piece (Figs 10 & 11A, #132), wherein the position-limiting piece (Fig 10 & 11A, #132) is provided at a joint between the bracket (Figs 1 & 10, #36) and the vertical beam (Figs 1 & 11A, #34), the position-limiting piece (Fig 10 & 11A, #132) is connected to the bracket (Figs 1 & 10, #36), and the position-limiting piece (Fig 10 & 11A, #132) is configured to impede a position change of the bracket (Figs 1 & 10, #36) relative to the vertical beam(Figs 1 & 11A, #34) .
Regarding claim 3, Marchetta discloses the shelving system wherein the position-limiting piece (Fig 10 & 11A, #132) comprises a retaining rib (Fig 10 & 11A, #144), and the retaining rib (Fig 10 & 11A, #144) is configured to or capable of receiving a transverse metal wire.
Regarding claim 9, Marchetta discloses the shelving system further comprising a gasket (Fig 10, #134) wherein the gasket (Fig 10, #134) is provided on a bracket wall (Fig 10, #114) of the bracket (Fig 10, #36), and the gasket (Fig 10, #134) is configured to or capable of increasing the strength of the bracket (Fig 10, #36).
Regarding claim 15, Marchetta discloses the shelving system wherein the bracket (Figs 1 & 10, #36) comprises two bracket walls (Fig 10, #114), the two bracket walls (Fig 10, #114) are arranged parallel to each other, and each of the two bracket walls (Fig 10, #114) is provided with the gasket (Fig 10, #134).
Regarding claim 18, Marchetta discloses the shelving system wherein the position-limiting piece (Fig 10 & 11A, #132) or (Fig 10 & 11A, #132 & #144) and the gasket (Fig 10, #134) are integrally formed.
Regarding claim 19, Marchetta discloses the shelving system wherein gaskets (Fig 10 & 11A,#134) are provided on both sides of the position-limiting piece (Fig 10 & 11A, #132), and the position-limiting piece (Fig 10 & 11A, #132) is connected to the two bracket walls (Fig 10, #114) through the gaskets (Fig 10 & 11A,#134).
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 9-10 and 12-15 are rejected under 35 U.S.C. 103 as being unpatentable over Marchetta 2005/0150436 in view of Shell 3,697,034.
Regarding claim 9, in another interpretation, Marchetta has been discussed above but does not explicitly teach the shelving system further comprising a gasket, wherein the gasket is provided on a bracket wall of the bracket, and the gasket is configured to increase the strength of the bracket.
Shell discloses a shelving system further (Figs 1-3b) comprising a gasket (annotated Fig 2 below), wherein the gasket (annotated Fig 2 below) is provided on a bracket wall (annotated Fig 2 below) of a bracket (Fig 2, #1), and the gasket (annotated Fig 2 below) is configured to increase the strength of the bracket (Fig 2, #1).
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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 add a gasket (Shell, annotated Fig 2 above) to each of the lugs (Marchetta, Fig 10, #120 &# 121) of the bracket (Marchetta, Fig 10, #36) of Marchetta thereby increasing the thickness of each lug (Marchetta, Fig 10, #120 &# 121) of Marchetta and increase the width of each of the slots (Marchetta, Fig 6A, #78) of the vertical beam (Marchetta, Fig 6A & 11A, #34) in order to enable the bracket (Marchetta, Fig 10, #36) of Marchetta to hold more weight. Further the substitution of one known bracket mounting means for another would have yielded predictable results to one of ordinary skill in the art at the time of the invention.
Regarding claim 10, modified Marchetta discloses the shelving system wherein the bracket (Marchetta, Fig 10, #36) comprises a lug (Marchetta, Fig 10, #120 or #121), the lug (Marchetta, Fig 10, #120 or #121) is a part extending from the bracket wall (Marchetta, Fig 10, #114), and the gasket (Shell, annotated Fig 2 above) is fixedly connected to the lug (Marchetta, Fig 10, #120 or #121).
Regarding claim 12, modified Marchetta discloses the shelving system wherein the vertical beam (Marchetta, Figs 6A & 11A, #34) comprises a vertical beam slotted hole (Marchetta, Figs 6A & 11A, #78), and the lug (Marchetta, Fig 10, #120 or #121) and the gasket (Shell, annotated Fig 2 above) are configured to be inserted into the vertical beam slotted hole (Marchetta, Figs 6A & 11A, #78), so as to realize a detachable connection between the bracket (Marchetta, Fig 10, #36) and the vertical beam (Marchetta, Figs 6A & 11A, #34).
Regarding claim 13, modified Marchetta discloses the shelving system wherein the lug (Marchetta, Fig 10, #120 or #121) comprises a first slot (Marchetta, annotated Fig 10 below), and the first slot is configured to receive an edge of the vertical beam slotted hole (Marchetta, Figs 6A & 11A, #78).
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Regarding claim 14, modified Marchetta discloses the shelving system wherein the gasket (Shell, annotated Fig 2 above) comprises a second slot (Shell, annotated Fig 2 above), the second slot (Shell, annotated Fig 2 above) is provided at a position corresponding to the first slot (Marchetta, annotated Fig 10 above), and the size of the second slot (Shell, annotated Fig 2 above) matches the size of the first slot (Marchetta, annotated Fig 10 above).
Regarding claim 15, modified Marchetta discloses the shelving system wherein the bracket (Marchetta, Fig 10, #36) comprises two bracket walls (Marchetta, Fig 10, #114), the two bracket walls (Marchetta, Fig 10, #114) are arranged parallel to each other, and each of the two bracket walls (Marchetta, Fig 10, #114) is provided with the gasket (Shell, annotated Fig 2 above).
Allowable Subject Matter
Claims 11 and 20 are 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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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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