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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the transmission element(s) in the elected embodiment shown in Figs. 9-11 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. See specification page 11, lines 14-16 wherein the transmission element of the elected embodiment shown in Figs 9-11 is mentioned but not numbered/stated as shown.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 11, 14, 17-20, 22-23, 26 and 27 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP2018514670. The Japanese patent teaches a hinge (Figs. 1 and 3-4) for a piece of furniture that comprises a furniture door (6; see abstract), the hinge comprising a substantially flat-shaped fixed part (2) conformed to be inserted in a seat (5) provided within the thickness of a horizontal wall of the piece of furniture and open on a front side of the same wall, and a movable part (4) connectable to a door, the fixed part and the movable part being swingably connected with each other by an articulation device with first and second rockers (7,8) comprising at least an articulation axis, the hinge further comprising a movement control device (15) for controlling the closing/opening movement of the hinge and a drive member (16) for driving the movement control device, said movement control device being configured as a damping device (with 20) for damping the closing and/or the opening movement of the hinge or as a spring opening device for opening the hinge, wherein the movement control device is completely arranged within one of said fixed part (2) and movable part of the hinge, characterized in that said drive member is movably supported by the same hinge part in which the movement control device is arranged, the drive member being operatively connected or actuated by the other of said fixed part or movable part of the hinge (via 7), the drive member transferring relative movement between the movable part and the fixed part to the movement control device independent of any movement of the articulation device either directly or indirectly through one or more intermediate transmission elements (see figure below) separate from said articulation device. The movement control device comprises a damping device for damping the closing and/or opening movement of the hinge, the hinge further comprising spring means (11) for closing the same hinge; or wherein the movement control device comprises a spring opening device for opening the hinge. The fixed part of the hinge has a flat shape extending according to a plane orthogonal to the at least one articulation axis. The fixed part has a box-shaped body made in one piece or made by several parts. Also taught is a piece of furniture (Figs. 1 and 3-4) comprising: at least a horizontal wall having a predefined thickness; said horizontal wall comprising at least a seat (5) provided in said thickness and at least open on a front side of the same wall; said piece of furniture further comprising at least a door (4) said piece of furniture further comprising at least one hinge discussed above, wherein said hinge with its fixed part substantially flat shaped is fitted in said seat, and with its said movable part is connected to the door. The drive member transferring relative movement between the movable part and the fixed part to the movement control device “independent” of any movement of the articulation device (16 moves via its own pivots separate from 7,8). Wherein said fixed part comprises a casing (21,22) and a support element (27) within said casing, wherein said support element is movable and adjustable. Wherein said support element is a flat element (head is flat). Wherein the drive member transfers relative movement between the movable part and the fixed part to the movement control device directly (considering transmission element below as part of the control device). Wherein the drive member transfers relative movement between the movable part and the fixed part to the movement control device indirectly through one or more intermediate transmission elements (considering transmission element below as a separate element) separate from said articulation device.
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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 12 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over JP2018514670. The Japanese patent discloses all the elements as discussed above except for the limitations in Claim 12 characterized in that the movement control device is arranged in the movable part (instead of the fixed part 2) of the hinge and in that the drive member is movably arranged and supported in the fixed part (instead of the movable part 4) of the hinge and operatively connected or actuatable by the movable part of the hinge. However, it would have been obvious and well within the level of one skilled in the art to modify the Japanese patent such that the movement control device is arranged in the movable part (instead of the fixed part) of the hinge and in that the drive member is movably arranged and supported in the fixed part (instead of the movable part) of the hinge and operatively connected or actuatable by the movable part of the hinge, since it has been held that a mere reversal of the essential working parts of a device involves only routine skill in the art. In re Einstein, 8 USPQ 167.
For claim 13, the Japanese patent, modified, would further teach that the drive member is a lever swingably connected in said movable part of the hinge and having a first arm arranged to contact the movement control device and a second arm arranged to contact a portion of the fixed part (at 7) at least during a part of the closing and/or opening movement of the hinge.
Allowable Subject Matter
Claims 21, 24 and 25 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.
Response to Arguments
Applicant's arguments filed January 21, 2026 have been fully considered but they are not persuasive.
Addressing the arguments regarding JP2018514670: the examiner contends that JP’670 does teach a transmission element between the drive member and movement control device. See figure above. This element is separate from the articulation device.
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 JANET M WILKENS whose telephone number is 571-272-6869. The examiner can normally be reached Mon thru Thurs 7am-5:30pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Daniel Troy can be reached at 571-270-3742. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Wilkens
February 4, 2026
/JANET M WILKENS/ Primary Examiner, Art Unit 3637