DETAILED ACTION
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.
Claim 1-5 and 7-11 are rejected under 35 U.S.C. 112(b) 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.
Regarding claim 1, the device as claimed, including “an electrical connector for electrically coupling an electrical accessory to a furniture item, the electrical connector comprising . . . the length of the retention portion of the support column is substantially equal to a depth of an annular support slot in which the retention portion is received” is indefinite.
The claim is positively claiming only an electrical connector; the mating connector is not part of the claimed electrical connector. The limitation regarding the depth of the annular support slot can only be met if the claimed connector is used in a particular way, in particular, when the claimed connector is used with a mating connector that has a particularly sized annular support slot. The purpose of 35 U.S.C. 112 is to require patentee to provide others with notice of boundaries of protection provided by patent. A manufacturer or seller, at time of making or selling a connector like that set forth in the claims would have no indication of whether it might later be sued for contributory infringement if the connector was used in accordance with claimed process of use, in particular when the claimed connector is used with a mating connector that has a particularly sized annular support slot. Therefore the claims are not sufficiently precise that possibility of infringement may be determined with reasonable degree of certainty. Ex parte Lyell, 17 USPQ.2d 1548 (Bd. Patt. App. & Inter. 1990); MPEP section 2173.05(P).
Additionally or alternatively, it is unclear whether the limitation inherently require as part of the claimed “electrical connector” a mating connector including a particularly sized annular support slot that is mated with the electrical connector including the support column. It is unclear whether the claim is claiming 1) a first connector with a support column capable of mating with a mating connector having an annular slot or 2) a connector comprising both a first connector having a support column and a mating connector having an annular support slot. Does the claimed “connector” comprise two connectors, including both a connector with a support column and a mating a mating connector including a particularly sized annular support slot or does the claim require only one electrical connector having a support column capable of mating with a mating connector including a particularly sized annular support slot?
For purposes of analysis, the claims are treated as claiming a connector capable of mating with a mating connector having an annular support slot.
The same rejection applies to claim 8. The limitation “the length of the retention portion of the support column is substantially equal to a depth of an annular support slot in which the retention portion is received” is indefinite for all the reasons set out above regarding claim 1.
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 anticipatory rejections under 35 U.S.C. 102 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.
Claims 1-5 and 7-11 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Johnson et al. US 10998673 (“Johnson”).
Regarding claim 1, Johnson discloses an electrical connector 20 for (i.e., capable of) electrically coupling an electrical accessory to a furniture item, the electrical connector comprising:
a support column 22 (labeled SC in annotated figure 3 below);
a power interface set (labeled PIS below, including the cable 26, wires 26a, contacts 54, magnet 56, and the housing portions supporting the electrical and magnetic components) provided in an interior of the support column,
the power interface set comprising an electrically contactable lower surface (surface 51 and the exposed surfaces of the pins 54, labeled ECLS below), wherein
the electrically contactable lower surface is spaced apart from an end (labeled SCE below) of the support column,
a distance between the electrically contactable lower surface of the power interface set
and the end of the support column is equal to a length of a retention portion (labeled RP below) of the support column, and
the retention portion and the electrically contactable lower surface of the power interface set are together dimensioned for connection to an external power source coupled to the furniture item.
The Johnson connector 20 is inherently capable of being used with a mating connector having an annular support slot such that the length of the retention portion of the support column is substantially equal to a depth of the annular support slot of the mating connector when the connectors are mated such the retention portion is received is received in the annular support slot of the mating connector.
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Per claim 2 the claimed connector is capable of being used with a mating connector having an annular support slot being defined by a support base installed in a furniture item, and the electrically contactable lower surface of the power interface set is configured for (i.e., capable of) electrically connecting with a corresponding power interface set provided in the support base.
Per claim 3 the power interface set provided in the support column further comprises a magnetic contact block (labeled MCB above, including the housing portion projecting in the interior space 34 and the magnet 56) configured to couple to the corresponding power interface set provided in the support base.
Per claim 4 the lower surface of the power interface set provided in the support column further comprises a projection (labeled PRJ above, the portion extending from surface 51) extending from the magnetic contact block; and the projection is dimensioned to be received in a slot formed in an upper surface of the corresponding power interface set provided in the support base.
Per claim 5, the retention portion of the support column is configured for (i.e., capable of) insertion into a support base installed in a furniture item . . . wherein the support base, which is not part of the claimed invention, is as described and wherein the retention portion of the support column is dimensioned to be received in the annular support slot.
Per claim 7, the retention portion of the support column is configured for (i.e., capable of) insertion into a support base installed in a furniture item . . . wherein the support base, which is not part of the claimed invention, is as described.
Per claim 8, Johnson discloses an electrical accessory comprising a connector 20 for (i.e., capable of) electrically coupling to a furniture item, the electrical connector comprising:
a power interface set (labeled PIS above, including the cable 26, wires 26a, contacts 54, magnet 56, and the housing portions supporting the electrical and magnetic components) provided in an interior of a support column 22,
the power interface set comprising an electrically contactable lower surface (surface 51 and the exposed surfaces of the pins 54), wherein
the electrically contactable lower surface is spaced apart from an end (labeled SCE above) of the support column,
a distance between the electrically contactable lower surface of the power interface set and the end of the support column is equal to a length of a retention portion (labeled RP below) of the support column, and
the retention portion and the electrically contactable lower surface of the power interface set are together dimensioned for connection to an external power source coupled to the furniture item.
The Johnson connector 20 is inherently capable of being used with a mating connector having an annular support slot such that the length of the retention portion of the support column is substantially equal to a depth of the annular support slot of the mating connector when the connectors are mated such the the retention portion is received is received in the annular support slot of the mating connector.
Per claim 9, the claimed device is capable of being used with a mating connector having an annular support slot being defined by a support base installed in a furniture item and the electrically contactable lower surface of the power interface set is configured for (i.e., capable of) electrically connecting with a corresponding power interface set provided in the support base.
Per claim 10 a conductor (e.g., wires 26a, pins 54) [is] provided in the support column and electrically connected to the power interface set, wherein the conductor is configured for electrical contact with an electrical component in the electrical accessory.
Per claim 11 the conductor is configured for (i.e. capable of) electrical contact with a drive control board that is programmed to control power to the electrical accessory.
Claim Rejections - and 35 USC § 103
The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
Claims 12-15, 19, and 20 are rejected under 35 U.S.C. 103(a) as being unpatentable over Johnson.
Regarding claim 12, Johnson implicitly discloses a method of removably electrically coupling an electrical accessory to a furniture item, comprising:
inserting a lower end (labeled SCE above) of a support column 22 of the electrical accessory into a support base 40; and
contacting an electrically contactable lower surface (surface 51 and the exposed surfaces of the pins 54) of a power interface set (labeled PIS above, including the cable 26, wires 26a, contacts 54, magnet 56, and the housing portions supporting the electrical and magnetic components) provided within a hollow interior of the support column in a spaced apart relationship from the lower end of the support column with an electrically contactable connection (components of the interior of female coupling 42) provided within the support base,
wherein the support column and the power interface set are together adapted to be
removably connected to the support base and the electrically contactable connection within the support base.
A distance (labeled D below) between the electrically contactable lower surface of the power interface set and the lower end of the support column is equal to a length of a retention portion (labeled RP below) of the support column,
the length of the retention portion of the support column is substantially equal to a depth of an annular support slot in which the retention portion is received. The annular support slot is labeled ANSS below, the slot being defined between the forward face 106 of annular projection 104 and the bottom of the central space 100.
To the extent that the steps of assembling the device as shown, for example in figures 3 and 4, are implicit rather than explicit, such steps would have been obvious.
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Per claim 13, the support base is installed in the furniture item (col. 5, lines 55-65, the noted equipment or devices inherently include “furniture,” i.e., “movable objects designed to support various human activities.” Google definition.
Per claim 14, the step of inserting the lower end of the support column into an annular support slot (labeled ANSS above, at lead line 100 in figure 3) provided within a chamber (interior of female coupling 42) of the support base, wherein
contacting the electrically contactable lower surface of the power interface set with the
electrically contactable connection comprises receiving the electrically contactable connection
within the hollow interior of the support column when the lower end of the support column is
inserted into the annular support slot would have been obvious (see figures 3 and 4).
Per claim 15, a distance between the electrically contactable lower surface of the power interface set and the lower end of the support column is equal to a length of a retention portion (labeled RP above) of the support column, and the retention portion is dimensioned to be received within the support base.
Per claim 19 contacting the electrically contactable lower surface of
the power interface set with the electrically contactable connection further comprises:
inserting a projection (labeled PRJ below) extending from the electrically contactable lower surface of the power interface set into a slot (labeled SLOT below) formed in an upper surface of the electrically contactable connection.
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Per claim 20, contacting the electrically contactable lower surface of
the power interface set with the electrically contactable connection comprises:
magnetically coupling (via magnets 56, 116) the electrically contactable lower surface of the power interface set to the electrically contactable connection.
Response to Arguments
Applicant’s arguments have been considered. Regarding claims 1 and 8, it is unclear what the applicant is arguing. Each of the claimed elements have been identified in the analysis above. Furthermore, as set out above, the annular support slot is part of a mating connector which is not part of the claimed invention. If applicant is arguing that the claimed connector in fact comprises both a first connector and a second connector, the two connectors being positively mated to each other, such elements should be claimed positively and unambiguously.
Applicant argues claims 5-7 recite “structural and dimensional limitations . . . .” Reciting structural dimensions of an element which is not claimed is not the same a claiming the element.
Regarding claim 12, the examiner maintains that all of the claimed structural elements have been identified as set out above.
Allowable Subject Matter
Claims 17-18 are 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.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROSS GUSHI whose telephone number is (571)272-2005. The examiner can normally be reached on Monday-Thursday, 8:30 - 5:00.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christopher Koehler can be reached on 571-272-3560. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ROSS N GUSHI/Primary Examiner, Art Unit 2834
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