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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
1, “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”;
20, “carried out by a computing unit, cause the latter to carry out the method according to claim 1”;
21, “the at least one computing unit of the at least one furniture drive is designed to compare the at least one digital command with at least one digital data set stored in the at least one storage unit, and the at least one computing unit is designed to make a selection for carrying out the at least one digital command on the basis of a result of the comparison”;
24, “at least one drive unit, with which the at least one positioning device can be driven, in particular electrically,”;
in claims 1-25.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 1-25 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.
Claims 1-25 rejected as failing to define the invention in the manner required by 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph. The claim(s) are narrative in form and replete with indefinite language. For example, the recitations of “can…”, “in case of…”, “preferably…”, “preferred…”, “or…”, “in the event of..”, “possibly…”, “preferable…”, “[action]-able…”, “[action]-ably…” make it unclear what is required by the claim. The structure which goes to make up the device must be clearly and positively specified. The structure must be organized and correlated in such a manner as to present a complete operative device. The claim(s) must be in one sentence form only. Note the format of the claims in the patent(s) cited.
Claims 4, 9, 10 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.
Claims 9 are indefinite because the acronym BLE has not been defined. The acronym BLE should be defined as “Bluetooth Low Energy” in the claims and it will be assumed to be defined as such in the claims.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 20 rejected under 35 U.S.C. 101 because claims 20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. Although the claims are directed to software. Computer programs claimed as computer listings per se, i.e., the descriptions or expressions of the programs, are not physical “things.” They are neither computer components nor statutory processes, as they are not “acts” being performed. Such claimed computer programs do not define any structural and functional interrelationships between the computer program and other claimed elements of a computer which permit the computer program’s functionality to be realized. In contrast, a claimed computer-readable medium encoded with a computer program is a computer element which defines structural and functional interrelationships between the computer program and the rest of the computer which permit the computer program’s functionality to be realized, and is thus statutory. See Lowry, 32 F.3d at 1583-84, 32 USPQ2d at 1035.
Claims 20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claimed storage unit can be interpreted to be in the form of a signal, such as a transmission medium or carrier wave. Such transmission medium or carrier wave claims are ineligible for patent protection because they do not fall within any of the four statutory classes of § 101.
Claim Rejections - 35 USC § 102
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 (i.e., changing from AIA to pre-AIA ) 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 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.
(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.
Claim(s) 1-25 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by CN 107 510 255, supplied by applicant, with translation supplied by examiner, hereinafter D1.
Claim scope is not limited by claim language that suggests or makes optional but does not require steps to be performed (MPEP 2111.04). The claimed condition of “can…”, “in case of…”, “preferably…”, “preferred…”, “or…”, “in the event of..”, “possibly…”, “preferable…”, “[action]-able…”, “[action]-ably…” is made optional by the terminology used in the claim because the claims do not require the conditions or limitations to occur. Therefore, additionally, the limitations which are only conditionally required based on the claimed condition occurring are not required by the claim. Therefore the claim fails to patentably distinguish over the teachings of the reference.
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.”).
20. A computer program product comprising commands which, when carried out by a computing unit, cause the latter to carry out the method according to claim 1 out of a storage unit which is or can be brought into a data connection with the computing unit (page 4, paragraph 6, 8, and 9, of the translation).
24. A furniture drive comprising: at least one fixing device for fixing the furniture drive to a furniture body, at least one positioning device with which at least one moveable furniture part is moveable relative to the furniture body, at least one drive unit, with which the at least one positioning device can be driven, in particular electrically, at least one storage unit, at least one computing unit, and at least one data forwarding device (Fig. 1-3, 5, page 4, paragraph 1, 3-6, 8, and 9, of the translation)
wherein the furniture drive has stored on it the computer program product according to claim 20 to be carried out by the at least one computing unit (page 4, paragraph 6, 8, and 9, of the translation).
2. The method according to claim 1, wherein the at least one digital command is in the form of a closing command or an opening command, in which the at least one furniture part can be arranged by the at least one furniture drive from an operating position relative to the furniture body into an operating position different therefrom, and/or a locking command or an unlocking command, in which the at least one furniture part remains in an operating position (page 4, paragraph 6, 8, and 9, of the translation).
3. The method according to claim 1, wherein the selection is transferred into a Boolean variable, wherein the Boolean variable has the value 0 or 1 in case of feasibility of the at least one digital command, and the value 1 or 0 in case of non-feasibility of the at least one digital command (page 4, paragraph 6, 8, and 9, of the translation).
4. The method according to claim 1, wherein, in case of a selection for the feasibility of the at least one digital command, the at least one data forwarding device of the at least one furniture drive communicates, preferably via ESB, with at least one data forwarding device of at least one additional furniture drive, wherein it is preferred provided that the at least one furniture drive the at least one additional furniture drive jointly assemble the at least one furniture part, preferably in parallel or sequentially, from an operating position into an additional operating position separate from the operating position relative to the furniture body, and/or lock the at least one furniture part in an operating position (page 4, paragraph 6, 8, and 9, of the translation).
5. The method according to claim 1, wherein the at least one digital data set comprises static parameters, preferably in the form of a reference parameter, synchronization parameter, coupling parameter, state parameter and/or collision parameter, to at least one possibly present additional furniture drive, particularly preferably of a network, in which the at least one furniture drive is located, wherein it is preferably provided that the state parameter is changeable depending on at least one operating position (page 4, paragraph 6, 8, and 9, of the translation).
6. The method according to claim 1, wherein in a subsequent method step the at least one furniture drive, in particular wireless signal-transmitting, provides via the at least one data forwarding device of the at least one furniture drive at least one piece of digital information depending on the selection to the at least one data forwarding device of the at least one command transmitter, wherein it is preferably provided that: in case of feasibility of the at least one digital command, the at least one piece of digital information contains a confirmation of feasibility, in case of non-feasibility of the at least one digital command, the at least one piece of digital information contains a confirmation of non-feasibility, wherein the at least one piece of digital information preferably contains a reason for non-feasibility, particularly preferable in the form of a diagnosis with respect to the selection (page 4, paragraph 6, 8, and 9, of the translation).
7. The method according to claim 1, wherein the at least one data forwarding device of the at least one furniture drive and the at least one command transmitter communicate bidirectionally in parallel or bidirectionally sequentially (page 4, paragraph 6, 8, and 9, of the translation).
8. The method according to claim 1, wherein the at least one data forwarding device of the at least one furniture drive transmits at least one piece of digital information to the at least one data forwarding device of the at least one command transmitter in the event of a change of state of the at least one furniture drive, wherein a status message concerning the change of state is preferably displayed at an electronic device (14), particularly preferable in the form of a mobile terminal, smartphone or computer (page 4, paragraph 6, 8, and 9, of the translation).
9. The method according to claim 1, wherein the at least one command transmitter communicates with the at least one data forwarding device of the at least one furniture drive via BLE and/or ESB, and/or the at least one data forwarding device of the at least one furniture drive communicates with at least one possibly present additional furniture drive via ESB (page 4, paragraph 6, 8, and 9, of the translation).
10. The method according to claim 1, wherein the at least one digital command is transmitted to the at least one data forwarding device of the at least one furniture drive via at least one data transmission device spatially separate from the at least one command transmitter, wherein it is preferably provided that the at least one data transmission device communicates with the at least one data forwarding device of the at least one furniture drive via ESB (page 4, paragraph 6, 8, and 9, of the translation).
11. The method according to claim 1, wherein the at least one command transmitter determines information, preferably at least one digital data set, of at least one additional furniture drive and/or of a network in which the at least one furniture drive is imaged, by a connection to the at least one data transmission device (page 4, paragraph 6, 8, and 9, of the translation).
12. The method according to claim 1, wherein the at least one command transmitter determines information, preferably at least one digital data set, of at least one additional furniture drive and/or of a network in which the at least one furniture drive is imaged, by a connection with at least one, preferably exactly one, data forwarding device of the at least one furniture drive and/or at least one, preferably exactly one, possibly present data transmission device (page 4, paragraph 6, 8, and 9, of the translation).
13. The method according to claim 1, wherein in a preceding method step, preferably via at least one electronic device, preferably in the form of a mobile terminal, smartphone or computer, at least two furniture drives are coupled to one another and/or synchronized via a reference ride to be carried out by a user, the at least one furniture drive is initialized via a reference ride to be carried out by a user, the at least one furniture drive is coupled to the at least one command transmitter and/or the at least one command transmitter is initialized via a reference ride to be carried out by a user, at least one digital data set is stored in the at least one storage unit depending on a reference ride to be carried out by a user, and/or the at least one furniture drive, the at least one command transmitter and/or at least one possibly present data transmission device are added to a network, wherein it is preferably provided that the network is transmitted to the at least one command transmitter, and/or optionally at least one digital information is transmitted to the at least one command transmitter regarding an error message, particularly preferable with a help dialog, regarding at least one furniture drive and/or a possibly present data transmission device (page 3, paragraph 8, of the translation; page 4, paragraph 1, 3-6 of the translation; page 4, paragraph 8, and 9, of the translation).
14. The method according to claim 1, wherein the at least one command transmitter comprises at least one computing unit and at least one storage unit, wherein it is preferably provided that at least one status parameter, at least one piece of log information and/or at least one piece of operating information of the at least one furniture drive and/or of a possibly present data transmission device is read out from the at least one storage unit (page 4, paragraph 6, 8, and 9, of the translation).
15. The method according to claim 1, wherein the at least one command transmitter is designed in the form of a radio switch element, a data transmission device, a furniture lock, a household appliance, an additional furniture drive and/or an electronic device, preferably in the form of a mobile terminal, smartphone or computer (page 4, paragraph 6, 8, and 9, of the translation).
16. The method according to claim 1, wherein the at least one command transmitter and/or the at least one possibly present data transmission device makes a preselection for carrying out the at least one digital command, preferably based on information of the network in which the at least one furniture drive is located (page 4, paragraph 6, 8, and 9, of the translation).
17. The method according to claim 1, wherein a data communication between the at least one data forwarding device of the at least one command transmitter and the at least one data forwarding device of the at least one furniture drive is enabled in encrypted form and/or during defined time windows (page 4, paragraph 6, 8, and 9, of the translation).
18. The method according to claim 1, wherein in a preceding method step at least one verbal voice command given by a user, preferably with user identification, and/or at least one tactile command is translated into the at least one digital command via at least one electronic device, particularly preferable in the form of a mobile terminal, smartphone or computer (page 4, paragraph 6, 8, and 9, of the translation).
19. The method according to claim 18, wherein the at least one tactile command and/or the at least one verbal voice command is translated into the at least one digital command by the at least one command transmitter and/or in at least one cloud (page 4, paragraph 6, 8, and 9, of the translation).
22. The assembly according to claim 21, wherein at least two furniture drives are arranged on the at least one moveable furniture part, wherein the at least one moveable furniture part is jointly moveable in parallel between the at least two operating positions relative to the furniture body by the at least two furniture drives (page 3, paragraph 8, of the translation; page 4, paragraph 1, 3-6 of the translation).
23. The assembly according to claim 21, wherein in each case at least one furniture drive is arranged on at least two moveable furniture parts, wherein the at least two moveable furniture parts are moveable in parallel or sequentially by the at least two furniture drives between the at least two operating positions relative to the furniture body (page 3, paragraph 8, of the translation; page 4, paragraph 1, 3-6 of the translation).
25. The furniture drive according to claim 24, wherein at least one digital data set can be stored in the at least one storage unit, preferably via the at least one data forwarding device by at least one electronic device, wherein the at least one digital data set preferably comprises static parameters in the form of a reference parameter, synchronization parameter, coupling parameter, state parameter and/or collision parameter to at least one additional furniture drive (page 4, paragraph 6, 8, and 9, of the translation).
Conclusion
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