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 .
Claim Rejections - 35 USC § 103
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 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 of this title, 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 1-5, 11-18 and 20-21 are rejected under 35 U.S.C 103(a) as being unpatentable over GB 2483682 (“PETIT”) in view of KR 102007118 (“KIM”).
Regarding Claim 1, PETIT (refer to Fig. 1-5f) discloses -a method of securing fitted furniture (101) to a target surface using one or more spacing devices (to Figs. 1-5f), each spacing device having a first end for engagement with the fitted furniture and a second end for contacting the target surface (102), comprising the steps of:
positioning the fitted furniture with respect to the target surface (102) using the one or more mounted fixed length spacing devices (see Fig.2C & 5f); and
positioning a variable length spacing device (301) between a fixing surface of the furniture (108) and the target surface (102), and adjusting a length of the variable length spacing device (301, as seen in Figs. 4C- 4D) to substantially match a distance between the fixing surface (108) and the target surface (102);
fixing the furniture to the target surface (102) using a variable length spacing device (301).
PETIT disclose a variety of fixed spacing devices(see Fig. 5f) and fixed spacing brackets (203, see Fig. 2c) that support the fitted furniture against the target surface by one or more fixed length spacing devices. PETIT does not disclose the furniture fitting with both a fixed length spacing device and a variable length spacing device.
KIM demonstrates a fitted future with one or more fixed length spacing devices (plurality of fixed legs) between the fitted furniture and the target surface (ground) and the furniture fitting is also fixed to the target surface using the variable length spacing device.
It would have been obvious to one having skill in the art before the effective filing date of the invention that the fitted furniture unit taught by PETIT could be improved by providing the furniture fitting with a fixed length spacing device in combination with the variable length spacing device, to enable the fitting furniture to be stably supported against the desired target surface at the desired length, similar to the manner demonstrated by KIM.
It would have been obvious to one having skill in the art before the effective filing date of the invention secure fitted furniture to a target surface according to the method steps set forth above since the combination discloses the invention of claims 1-9 and 11-17 such method steps would occur during the ordinary course securing furniture item to a target surface, see MPEP 2112.02
Regarding Claims 2-5, 8-12, 18 and 20 the combination discloses (PETIT) Claim 2- wherein the step of positioning positions the fitted furniture such that at least one of the spacing device (401, 402; 201, 202) is in contact with the target surface (102), and the step of fixing is carried out while the spacing devices are mounted to the fitted furniture (101); Claim 3- wherein the fitted furniture and the spacing devices (401, 402; 201, 202) are provided with mutually engageable mounting formations (holes and screws, as seen in Figs. 1-5f), and the mounting step of the method comprises engaging the mounting formation of a spacing device (401, 402) with the corresponding mounting formation on the furniture (101); Claim 4- wherein the mutually engageable mounting formations comprise screw threading (along 402); Claim 5- wherein the mounting step is carried out before the positioning step; Claim 8-comprising extending a fixing (402) through the fixing surface (108) and the variable length spacing device (301) and into the target surface (102); Claim 9- comprising tightening the fixing (402) to clamp the variable length spacing device (301) between the fixing surface (108)and the target surface (102); Claim wherein one or more of the one or more spacing devices(401, 402; 201, 202) is at least partially removed prior to the fixing step (as seen in Figs. 4B-4D); Claim 11-wherein the target surface (102) is a wall; Claim 12-wherein the fixing surface (108) is a cross-brace of the furniture; Claim 18-wherein the mounting of one or more fixed length spacing devices (as shown in Figs. 2C and 5f) to the rear of the fitted furniture comprises mounting a particular fixed length spacing device having a first length, extending along a first axis, to a first location along the rear of the fitted furniture and wherein the variable length spacing device fixing the furniture to the target surface is fixed to the fitted furniture at a second location along the rear of the fitted furniture, the second location being different than the first location, the variable length spacing device having a second length extending along a second axis spaced from the first axis; Claim 20-, wherein the one or more fixed length spacing devices (as shown in Fig. 5f) comprises a particular fixed length spacing device having a portion extending into an opening in the rear of the fitted furniture and a shoulder or stop wider than the portion of body abiding the rear of the fitted furniture about the opening.
Regarding Claim 13, PETIT discloses a kit of parts comprising an item of furniture (101) and one or more fixed length spacing devices (see Figs. 2C &5f) for mounting to the item of furniture, and one or more variable length spacing devices (301, as seen in Figs. 4C- 4D),wherein the one or more fixed length spacing devices (see Figs. 2C & 5f) when mounted define contact points for spacing the furniture away from a target surface to which it is to be fixed through the variable length spacing devices (see 401, 402; 201, 202); the variable length spacing devices (301, as seen in Figs. 4C- 4D) being for positioning between a fixing surface of the furniture in the target surface, and being adjustable in length to substantially match a distance between the fixing surface (108) and the target surface (102).
PETIT disclose a variety of fixed spacing devices(see Fig. 5f) and fixed spacing brackets (203, see Fig. 2c) that support the fitted furniture against the target surface by one or more fixed length spacing devices. PETIT does not disclose the furniture fitting with both a fixed length spacing device and a variable length spacing device.
KIM demonstrates a fitted future with one or more fixed length spacing devices (plurality of fixed legs) between the fitted furniture and the target surface (ground) and the furniture fitting is also fixed to the target surface using the variable length spacing device.
It would have been obvious to one having skill in the art before the effective filing date of the invention that the fitted furniture unit taught by PETIT could be improved by providing the furniture fitting with a fixed length spacing device in combination with the variable length spacing device, to enable the fitting furniture to be stably supported against the desired target surface at the desired length, similar to the manner demonstrated by KIM.
Regarding Claims 14-17 and 21, the combination discloses (PETIT) Claim 14-wherein the fitted furniture (101) and the spacing devices (401, 402; 201, 202) comprise mutually engaging mounting formations (holes and screws) to attach the spacing devices to the furniture (10); Claim 15-a variable length spacing device (301) through which the fixing surface (108) is fixed to the target surface (102);Claim 16- An item of installed furniture (101), installed in accordance with the method of claim 1; Claim 17- fixed length spacing device (401, 402; 201, 202) for the method of claim 1.; Claim 21, wherein the one or more fixed length spacing devices (as seen in Fig. 5f) comprises a portion to extend into an opening in the rear of the fitted furniture and a shoulder or stop wider than the portion to abut the rear of the fitted furniture about the opening when the portion is received in the opening.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-5, 8-18, 20-21 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Allowable Subject Matter
Claim 19 is allowed.
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIMBERLEY S WRIGHT whose telephone number is (571)270-3328. The examiner can normally be reached on M-F 11:30-5:30.
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/KIMBERLEY S WRIGHT/Primary Examiner, Art Unit 3637
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