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 Objections
A series of singular dependent claims is permissible in which a dependent claim refers to a preceding claim which, in turn, refers to another preceding claim.
A claim which depends from a dependent claim should not be separated by any claim which does not also depend from said dependent claim. It should be kept in mind that a dependent claim may refer to any preceding independent claim. In general, applicant's sequence will not be changed. See MPEP § 608.01(n).
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 1-37 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Referring to claim 1, line 8 recites the limitation “the furniture drive”, however lines 1-8 recites the limitations of “a first furniture drive”, “a second furniture drive”. Therefore the recitation of “the furniture drive” in the same or subsequent claim is unclear because it is uncertain which of the furniture drives was intended (MPEP 2173.05(e)). For purposes of examination, it will be assumed to be the first furniture drive.
Claim 1 recites the limitation "the command transmitter of the first furniture drive" in line 16. There is insufficient antecedent basis for this limitation in the claim. Assumed to previously recite that the first furniture drive includes the command transmitter.
Claim 1 recites a command transmitter spatially separate from the first furniture drive, and also recites, the command transmitter of the first furniture drive. It is unclear how the claim recites that the command transmitter is both spatially separate from the first furniture drive and that the first furniture drive has the command transmitter.
Referring to claim 21, line 8 recites the limitation “the furniture drive”, however lines 1-8 recites the limitations of “a first furniture drive”, “a second furniture drive”. Therefore the recitation of “the furniture drive” in the same or subsequent claim is unclear because it is uncertain which of the furniture drives was intended (MPEP 2173.05(e)). For purposes of examination, it will be assumed to be the first furniture drive.
Claims 26 are indefinite because the acronym ESB has not been defined. The acronym ESB should be defined as “Enhanced Shockburst” in the claims and it will be assumed to be defined as such in the claims.
Due to the number of 35 USC § 112 rejections, the examiner has provided a number of examples of the claim deficiencies in the above rejections, however, the list of rejections may not be all inclusive. Applicant should refer to these rejections as examples of deficiencies and should make all the necessary corrections to eliminate the 35 USC § 112 problems and place the claims in proper format. Due to the vagueness and a lack of clear definition of the terminology and phrases used in the specification and claims, the claims have been treated on their merits as best understood by the examiner.
Claim Rejections - 35 USC § 101/ Claim Rejections - 35 USC § 102
Rejections withdrawn.
Allowable Subject Matter
Claim1-37 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action. The following is a statement of reasons for the indication of allowable subject matter:
While, CN 107 510 255, supplied by applicant, with translation supplied by examiner, hereinafter D1, teaches
1, 21. An assembly and method for operating an assembly of:
at least one furniture drive (Fig. 2, element 7) with at least one storage unit (Fig. 5, element 11) and at least one computing unit (Fig. 5, element 10),
at least one furniture part (Fig. 1-3, element 2,3) moveably mounted on a furniture body (Fig. 1-3, elements 1, 4, 5), wherein the at least one furniture part (Fig. 1-3, element 2,3) can be arranged in at least two operating positions relative to the furniture body (Fig. 1-3, elements 1, 4, 5; page 4, paragraph 3, of the translation, “the first cabinet door 2 and the second cabinet door The bottom ends of 3 are provided with rollers 6 that are compatible with the slide rails, and the first cabinet door 2 and the second cabinet door 3 are slidably connected with the bottom support 1 through the rollers 6 and the slide rails; the first cabinet door 2 and the second cabinet door The doors 3 have the same specification and size, and are respectively arranged on different slide rails.”) by the at least one furniture drive (Fig. 2, element 7),
and at least one command transmitter spatially separate from the at least one furniture drive (page 4, paragraph 9 of the translation, “provides various services to the client: it can connect to the GSM module through the serial port, to provide mobile phone short message query to the user; to connect the Internet through the network module 12, to provide the user with a remote control terminal; and to display real-time collected information on the local liquid crystal display”),
wherein the at least one furniture drive and the at least one command transmitter each comprise at least one data forwarding device (Fig. 5, element 12),
the method comprising the following method steps, which are particularly to be carried out in chronological order:
the at least one command transmitter transmits, in particular wireless signal-transmitting, at least one digital command to the at least one data forwarding device of the at least one command transmitter of the at least one furniture drive (page 4, paragraph 6, 8, and 9, of the translation),
the at least one computing unit of the at least one furniture drive compares the at least one digital command with at least one digital data set which is stored or can be stored in the at least one storage unit, and the at least one computing unit makes a selection for carrying out the at least one digital command on the basis of a result of the comparison (page 4, paragraph 6, 8, and 9, of the translation , “The network information sent by the user is sent to the network module 12 through the Internet of Things gateway, and the network module 12 sends the information to the central control module 10, and the central control module 10 cooperates with the storage module 11 to analyze and analyze the information sent by the network module 12. Afterwards, send instructions to the telescopic motor 7, the rotation of the telescopic motor 7 drives the screw rod 8 to rotate, and the rotation of the screw rod 8 makes the connecting rod 9 move to the second cabinet door 3 with the first cabinet door 2, and then open the cabinet door.”).
D1 fails to teach all the claimed features of applicant’s instant invention, specifically including:
1,21. A method/assembly for operating an assembly including:
a first furniture drive having a storage unit and a computing unit and a command transmitter,
a second furniture drive,
a moveable furniture part moveably mounted on a furniture body, the moveable furniture part being configured to be arranged in at least two operating positions relative to the furniture body by the first furniture drive, and
the command transmitter spatially separate from the at least one furniture drive,
wherein each of the first furniture drive and the command transmitter includes a data forwarding device, and the storage unit of the first furniture drive stores information regarding the second furniture drive,
the method comprising to be carried out in chronological order:
transmitting using the command transmitter a digital command to the data forwarding device of the command transmitter of the first furniture drive,
comparing the digital command with a digital data set using the computing unit, the digital data set to be stored in the storage unit, and
determining using the computing unit whether to carry out the digital command, the determining being based on:
a result of the comparing of the digital signal with the digital data set, and
the information regarding the second furniture drive stored in the storage unit of the first furniture drive.
It is for these reasons that applicant’s invention defines over the prior art of record.
Response to Arguments
Applicant’s arguments 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.
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 SEAN P SHECHTMAN whose telephone number is (571)272-3754. The examiner can normally be reached 9:30am-6:00pm, M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, William Kraig can be reached at 571-272-8660. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Sean Shechtman/ Primary Examiner, Art Unit 2896
Prosecution Insights