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
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.
Claim(s) 10 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent Publication 2016/0345723 to Lanphear in view of US Patent 11,503,905 to Matthai and US Patent Publication 2002/0134286 to Moore.
Lanphear teaches
14. A work station comprising a base (140,145) and four portions connected with the base, wherein each of the four portions comprises a working surface (105-108), and wherein at least one of the four working surfaces is a writing desk, wherein each one of the four portions comprises a telescopic supporting member (150-153) configured to extend and retract along a respective axis of extension in order to adjust the height of the respective working surface with respect to the base, wherein each portion is removably connected with the base by means of a removable connection (not expressly disclosed, but since the support member can be attached to the base or support surface, some connection is inherently used that is capable of being removed) between the base and the respective telescopic supporting member (Lanphear, Par 20), wherein each of the four portions is adjustable in height with respect to the base, and removably connectable to the base, independently from each other, wherein the base is substantially shaped as a cylinder (as best seen in figure 1A and 1B) extended in a direction parallel to axes of extension of the telescopic supporting members, and wherein the telescopic supporting members are partially inserted into the respective housing holes,
Lanphear does not expressly disclose the base having four housing holes.
Matthai teaches a workstation that includes a base (110) with a three telescopic support member (112) each with a work surface (114). The base includes an outer wall (218) and a top cover (216). As best seen in figures 4 and 8, the top cover has an individual opening for each telescopic support. Before the effective filing date of the claimed invention it would have been obvious for a person of ordinary skill in the art to modify the workstation of Lanphear by adding a top cover (with openings) to the cylinder walls of the base as taught by Matthai for aesthetic reasons.
Lanphear in view of Matthai does not expressly disclose at least one of the working surfaces is not a writing desk.
Moore teaches a shelf (24) below a tilting surface (41) as part of a height adjustable podium. Before the effective filing date of the claimed invention it would have been obvious for a person of ordinary skill in the art to modify the workstation of Lanphear in view of Matthai by adding the shelf to a surface as taught by Moore to allow for extra storage.
Claim(s) 10-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent 11,503,905 to Matthai in view of US Patent Publication 2016/0345723 to Lanphear and US Patent 3,858,528 to Petersen.
Matthai teaches
14. A work station comprising a base (110) and four portions connected with the base, wherein each of the three portions comprises a working surface (114), and wherein at least one of the four working surfaces is a writing desk, wherein each one of the three portions comprises a telescopic supporting member (112) configured to extend and retract along a respective axis of extension in order to adjust the height of the respective working surface with respect to the base, wherein each portion is removably connected with the base by means of a removable connection (as best seen in figure 4, plate allow for a removable connection between the supporting member and the working surface) between the base and the respective telescopic supporting member, wherein each of the four portions is adjustable in height with respect to the base, and removably connectable to the base, independently from each other, wherein the base defines three housing holes (in the top cover 216 as best seen in figure 2, 4 and 8) extended in a direction parallel to axes of extension of the telescopic supporting members and wherein the telescopic supporting members are partially inserted into the respective housing holes
Matthai does not expressly disclose four working surfaces and the base is a cylinder.
Lanphear teaches a work station comprising a base (140,145) and four portions connected with the base, wherein each of the four portions comprises a working surface (105-108), wherein each one of the four portions comprises a telescopic supporting member (150-153) configured to extend and retract along a respective axis of extension in order to adjust the height of the respective working surface with respect to the base, wherein each portion is removably connected with the base by means of a removable connection (not expressly disclosed, but since the support member can be attached to the base or support surface, some connection is inherently used that is capable of being removed) between the base and the respective telescopic supporting member (Lanphear, Par 20), wherein each of the four portions is adjustable in height with respect to the base, wherein the base is substantially shaped as a cylinder (as best seen in figure 1A and 1B) extended in a direction parallel to axes of extension of the telescopic supporting members
Before the effective filing date of the claimed invention it would have been obvious for a person of ordinary skill in the art to modify the workstation of Matthai by using a cylindrical base and four workstation as taught by Lanphear for aesthetic reasons and since It has been held that a mere duplication of the essential working parts of a device involves only routine skill in the art. See MPEP § 2144.04..
Peterson teaches a shelf (105) attached to the vertical divider panels (50,60,80) to allow for storage of books (Col 4, lines 3-5). Before the effective filing date of the claimed invention it would have been obvious for a person of ordinary skill in the art to modify the workstation of Matthai in view of Lanphear by adding the shelf to the vertical panels as taught by Peterson to allow for extra storage. The examiner considers that the shelf and vertical panels make the work surface a shelving unit and therefore not a writing desk.
Regarding claim 11, Matthai in view of Lanphear and Peterson teaches
11. wherein said at least one of the working surfaces is a shelving unit (the shelf above makes the unit a shelving unit).
Regarding claim 12, Matthai in view of Lanphear and Peterson teaches
12. wherein said at least one of the working surfaces is a plant shelf (the shelf above is capable of having a potted plant and is therefore considered to be a plant shelf)
Regarding claim 13, Matthai in view of Lanphear and Peterson
13. wherein at least one of the working surfaces is a shelving unit and at least one of the working surfaces is a plant shelf (the shelf above the surface makes a shelving unit and the shelf above is capable of having a potted plant and is therefore considered to be a plant shelf)
Allowable Subject Matter
Claims 1-3 and 5-8 allowed.
Response to Arguments
Applicant’s arguments filed 1/21/2026 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.
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/T.M.A/ Examiner, Art Unit 3637 /DANIEL J TROY/Supervisory Patent Examiner, Art Unit 3637
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