`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www .uspto.gov
`
`APPLICATION NO.
`
`
`
`
` FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKETNO.
`
`CONFIRMATIONNO.
`
`14/326,588
`
`07/09/2014
`
`Stephen N. Hardy
`
`011610.00561
`
`2235
`
`BANNER & WITCOFF,LTD. a
`
`TEN SOUTH WACKER DRIVE
`SUITE 3000
`CHICAGO,I. 60606
`
`NOVOSAD,JENNIFER ELEANORE
`
`3631
`
`MAIL DATE
`
`05/26/2015
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`DELIVERY MODE
`
`PAPER
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`PTOL-90A (Rev. 04/07)
`
`RTC, Exhibit 2009
`FFR v. RTC
`IPR2018-00742
`
`RTC, Exhibit 2009
`FFR v. RTC
`IPR2018-00742
`
`i
`
`

`

`
`Application No.
`Applicant(s)
`
` 14/326,588 HARDY, STEPHEN N.
`Examiner
`Art Unit
`AIA (First Inventor toFile)
`Office Action Summary
`
`3631Jennifer E. Novosad No
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address--
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING DATE OF
`THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR 1.136(a).
`after SIX (6) MONTHS from the mailing date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, evenif timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
`
`In no event, however, may a reply be timely filed
`
`-
`-
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`Status
`1) Responsive to communication(s)filed on 5/13/2015.
`L] A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filedon___
`2a)X] This action is FINAL.
`2b)L] This action is non-final.
`3)L] An election was made bythe applicant in responseto a restriction requirementset forth during the interview on
`; the restriction requirement and election have been incorporated into this action.
`4)L] Sincethis application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordancewith the practice under Ex parte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`Disposition of Claims*
`5)K] Claim(s) 21-38 is/are pending in the application.
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
`6)L] Claim(s)___is/are allowed.
`7) Claim(s) 21-31 and 34-38 is/are rejected.
`8)X] Claim(s) 32and33 is/are objected to.
`
`9)L] Claim(s)
`are subjectto restriction and/or election requirement.
`* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`atenis/init events/oph/indexjs
`
`
`
`
`
`
`nite://www. usoto.dov/
`
`2 or send an inquiry to PPHfeedback@uspte.dov.
`
`Application Papers
`10) The specification is objected to by the Examiner.
`
`11) The drawing(s) filed on
`is/are: a)[_] accepted or b)[_] objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`12)L] Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`a)LJ All
`b)[] Some** c)L] None ofthe:
`1.) Certified copies of the priority documents have been received.
`2.L] Certified copies of the priority documents have been received in Application No.
`3.L] Copies of the certified copies of the priority documents have been receivedin this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`““ See the attached detailed Office action for a list of the certified copies not received.
`
`
`
`Attachment(s)
`3) TC Interview Summary (PTO-413)
`1) C Notice of References Cited (PTO-892)
`Paper No(s)/Mail Date.
`.
`.
`4) O Other
`—_
`2) X Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date 4/24/2015.
`U.S. Patent and Trademark Office
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20150521
`
`ii
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`

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`Application/Control Number: 14/326,588
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`Art Unit: 3631
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`Page 2
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`DETAILED ACTION
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`The present application is being examined underthe pre-AJAfirst to invent provisions.
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`This final Office action is in response to the amendmentfiled May 13, 2015 by which
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`claims 21, 22, 31, 34 and 35 were amended and claim 38 was added.
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`Claim Rejections - 35 USC § 102
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`The following is a quotation of the appropriate paragraphs of pre-AIA 35 U.S.C. 102 that
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`form the basis for the rejections under this section madein this Office action:
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`A personshall be entitled to a patent unless —
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`(b) the invention was patented or described in a printed publication in this or a foreign country or in
`public use or on sale in this country, more than one year prior to the date of application for patent in the
`United States.
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`Claims 21, 22, 24, 28, and 38 are rejected under pre-AIA 35 U.S.C. 102(b) as being
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`anticipated by U.S. Patent Application Publication No. 2005/0139560 (Whiteside et al. '560).
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`With respect to claim 21, Whitesideet al. '560 disclose a merchandise display system
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`comprising a front rail (28) comprising a front rail groove (between 50 and 52); a floor (38)
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`configured to hold product, the floor (38) configured to engage (see Figure 3) the front rail (28),
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`the floor including a barrier (30), and a cam (F) coupled (see Figure 3) to the floor (338), the cam
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`(F) configured to rotate relative to the floor (38) to engage (see Figure 3) the frontrail (at 40) to
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`fix the floor (38) in a lateral direction parallel to the front rail (28); with respect to claim 22,
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`further comprising a divider wall (64) perpendicularto the floor (38); with respect to claim 24,
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`wherein the cam (F) includes a handle (head thereof) to rotate the cam betweena first position
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`(i.e., where the screw F is rotated upwardly) and a second position (as seen in Figure 3); with
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`respect to claim 28,the front rail (28) comprising an aperture (40) configured to receive a
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`

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`Application/Control Number: 14/326,588
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`Art Unit: 3631
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`Page 3
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`mounting clip (another element F) to prevent lateral movementof the front rail (28) wherein the
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`mounting clip (another element 28) is configuredto fit into a corresponding aperture (14a) on a
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`shelf (14); and with respect to claim 38, the cam (F) defines an axis of rotation (vertical) that
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`extendsparallel to a plane (vertical along wall 28) defined by the front rail (28).
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`Claim Rejections - 35 USC § 103
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`The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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`Claims 21-31 and 34-37 are rejected under pre-AIA 35 U.S.C. 103(a) as being
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`unpatentable over U.S. Patent No. 8,342,340 (Rataiczak, IIet al. *340) in view of U.S. Patent
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`Application Publication No. 2003/0141265 (Jo et al. ‘265).
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`With respect to claim 21, Rataiczak,III et al. ‘340 discloses a merchandise display
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`system comprising a front rail (210 — see Figure 10) comprising a front rail groove (222); a floor
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`(332 - see Figure 14) configured to hold product, the floor (332) configured to engage (see
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`Figure 16) the front rail (210), and a cam (370) coupled (see Figure 15) to the floor (332), the
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`cam (370) configured to rotate relative to the floor(.e., not claimed as positively rotating, and
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`thus the reference need only be capable of rotating in order to meet the claim language;
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`accordingly, the cam 370 is considered to be configured to rotate around element 56, albeit a
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`small amount, but this interpretation is not inhibited by the claim language) to engage (see Figure
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`17) the front rail (210) to fix the floor (332) in a lateral direction parallel to the front rail (210);
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`with respect to claim 22, wherein the floor (332) further comprises a divider wall (334)
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`extending perpendicularto the floor (332); with respect to claim 23, wherein the cam (370)
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`further comprises a tongue (at 376, 372) having at least a first cam wall (376) and a second cam
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`(372) wall (see Figure 15); with respect to claim 24, wherein the cam includes a handle (376) to
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`

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`Application/Control Number: 14/326,588
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`Art Unit: 3631
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`Page 4
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`rotate the cam betweena first position (i.e., not shown before assembly and placementinto
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`Figure 15) and a second position (as seen in Figure 15); with respect to claim 25, further
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`comprising a plurality of floors (similar to Figure 2 where a plurality of elements are shown)
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`configured to hold product, the plurality of floors configured to engage the front rail (210), each
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`of the plurality of floors including a cam, wherein each ofthe plurality of floors comprise a
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`divider forming a plurality of dividers each of the plurality of dividers configured to attach to the
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`front rail and separate product into rows, wherein each divider includes a divider wall extending
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`in a direction perpendicular to the front rail, wherein each of the plurality of floors is movable in
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`a lateral direction along the front rail when each ofthe plurality of floors is engaged with the
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`front rail and the cam for each ofthe plurality of floors is in a first position (1.e., not shown-
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`when 344 is not engaged with the rail 210, the elements are considered to be capable ofsliding
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`along the rail), and wherein each ofthe plurality of floors is fixed in the lateral direction along to
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`the front rail when each ofthe plurality of floors is engaged with the front rail and the cam for
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`each of the plurality of floors is in a second position (as seen in Figure 16); with respect to claim
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`26, wherein each ofthe plurality of floors is configured (not explicitly shown, but considered to
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`be capable of this) to movein a lateral direction parallel to the front rail when productis
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`positioned on the plurality of floors; with respect to claim 27, wherein a force (whenall elements
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`are adjacent and touching one another) on an outermost divider of the plurality of dividers will
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`cause each ofthe plurality of dividers to movein the lateral direction parallel to the front rail
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`when the camsfor each of the plurality of floorsis in the first position (i.e., not shown - when
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`344 is not engaged with the rail 210, the elements are considered to be capable ofsliding along
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`the rail), and wherein the force is in a direction parallel to the front rail and perpendicular to the
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`

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`Application/Control Number: 14/326,588
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`Art Unit: 3631
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`Page 5
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`divider wall of the outermost divider; with respect to claim 28, wherein the frontrail (210)
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`comprises an aperture (as at 228) configured to receive a mounting clip to preventlateral
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`movementof the front rail, wherein the mounting clip is configured to fit into a corresponding
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`aperture on a shelf; with respect to claim 29, the floor (332) further comprises at least one
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`divider, a divider wall (334) extending in a direction perpendicular to the frontrail (210),
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`wherein the divider wall (334) separates the floor (332) intoafirst portion (between 334 an edge
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`of 332) and a second portion (between 334 and the other edge of 332) and eachofthefirst
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`portion and the secondportion are configured to hold product; wherein the cam (370) is
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`configured to move betweena first position and a second position (as seen in Figure 15),
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`wherein the at least one divider is movable inalateral direction parallel to and along the front
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`rail when the cam is in the first position, and wherein the cam resists movementin the lateral
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`direction parallel to and along the front rail when the cam is in the second position; with respect
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`to claim 30, further comprising a first pusher mechanism (290) configured to slide along (not
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`explicitly shown, but when all elements are placed next to one another, the pusher could be
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`capable of sliding along an edge of element 332) at least part of the first portion and a second
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`pusher mechanism configured to slide along at least part of the second portion; with respect to
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`claims 31 and 35, wherein each ofthe first and second pusher mechanisms (290) comprise a
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`pusher surface (310), a pusher floor (240) extending forwardly (see Figure 13) from the pusher
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`surface (310), and a coiled spring (318) having a coiled end and a free end, wherein the coiled
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`end is positioned behind the pusher surface (310) and the first and second pusher mechanisms
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`are attached to the merchandise display system only (since all elements are attached together the
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`free end is considered to meet this claim language) by the coiled spring; with respect to claim 34,
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`

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`Application/Control Number: 14/326,588
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`Art Unit: 3631
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`Page 6
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`wherein the at least one divider (330) is movable only in a lateral direction parallel to the front
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`rail (210) and the at least one divideris fixed in all directions other than the direction parallel to
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`the front rail when the at least one divider is engaged (via 344) with the front rail; and with
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`respect to claim 37, wherein the floor (332) defines a ridge (370) configured to engage the front
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`rail groove (222).
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`The claims differ from Rataiczak, III et al. ‘340 in requiring the floor to include a barrier
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`(claims 21 and 25), wherein the barrier is configured to receive the free end of the coiled spring
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`(claim 36).
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`Jo et al. ‘265 dislcose a system comprising a floor (15, 12) including (i.e., sinceall
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`elements are attached together the floor is considered to “include” the barrier) a barrier (18, 14a,
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`14) and the barrier is configured to receive (on 14a) the free end (20a) of a coiled spring (20).
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`Thus, it would have been obviousto one of ordinary skill in the art, at the time the
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`invention was made, to have provided the system of Rataiczak,III et al. ‘340 with a barrier, as
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`taught by Jo et al. ‘265, attached to the floor, in the same manneras Jo et al. ‘265, thereby
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`increasing securement of products placed in the system.
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`Response to Arguments
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`Applicant’s arguments with respect to claim 21 have been considered but are moot
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`because the arguments do not apply to any of the references being usedin the current rejection.
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`The new groundsofrejection were necessitated by the amendmentreciting “configured to rotate
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`relative to the floor” in claim 21.
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`

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`Application/Control Number: 14/326,588
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`Art Unit: 3631
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`Page 7
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`Allowable Subject Matter
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`Claims 32 and 33 are objected to as being dependent upona rejected base claim, but
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`would be allowable if rewritten in independent form includingall of the limitations of the base
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`claim and any intervening claims.
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`Conclusion
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`Applicant's amendmentnecessitated the new ground(s) of rejection presented in this
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`Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a).
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`Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
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`A shortenedstatutory period for reply to this final action is set to expire THREE
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`MONTHSfrom the mailing date of this action. In the eventafirst reply is filed within TWO
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`MONTHSof the mailing date of this final action and the advisory action is not mailed until after
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`the end of the THREE-MONTHshortened statutory period, then the shortened statutory period
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`will expire on the date the advisory action is mailed, and any extension fee pursuant to 37
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`CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event,
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`however, will the statutory period for reply expire later than SIX MONTHSfrom the date of this
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`final action.
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to Jennifer E. Novosad whosetelephone numberis (571)272-6832.
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`The examiner can normally be reached on Monday-Thursday, 8:00am-6:00pm.
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`

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`Application/Control Number: 14/326,588
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`Art Unit: 3631
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`Page 8
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, Jonathan Liu can be reached on 571-272-8227. The fax phone numberfor the
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`organization where this application or proceeding is assigned is 571-273-8300.
`
`Information regarding the status of an application may be obtained from the Patent
`
`Application Information Retrieval (PAIR) system. Status information for published applications
`
`maybe obtained from either Private PAIR or Public PAIR. Status information for unpublished
`
`applications is available through Private PAIR only. For more information about the PAIR
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`system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR
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`system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would
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`like assistance from a USPTO Customer Service Representative or access to the automated
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`information system, call 800-786-9199 (IN USA OR CANADA)or 571-272-1000.
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`May 21, 2015
`
`/Jennifer E. Novosad/
`Primary Examiner, Art Unit 3631
`
`