DETAILED ACTION
Notice of 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 .
Claims 114, 128, 163, and 164 are cancelled. Claim(s) 101, 105, 107, 112, 113, 115, 119, 121, 126, 127, 159-162, 165, and 166 are pending and are rejected.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 04/10/2026 has been entered.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 04/14/2026 is/are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement(s) is/are being considered by the examiner.
Response to Amendment
This Office Action is responsive to the RCE filed on 04/10/2026.
Claims 101, 115, 161, and 162 are amended. New claims 165 and 166 are added. Accordingly, the amended claims and the new claims are being fully considered by the examiner.
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 (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 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.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
Determining the scope and contents of the prior art.
Ascertaining the differences between the prior art and the claims at issue.
Resolving the level of ordinary skill in the pertinent art.
Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 101, 112, 115, 126, 161-162 and 165-166 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zail (US10577788B1) [hereinafter Zail] and further in view of Dirksen, K., Screen captures from YouTube video clip entitled "We the Tiny House People (Documentary): Small Homes, Tiny Flats & Wee Shelters," (timestamp 45:30–45:45), uploaded on April 23, 2012. Retrieved from Internet on May 21, 2026: <https://www.youtube.com/watch?v=lDcVrVA4bSQ>. [hereinafter Dirksen].
Claim 101 (amended):
Regarding claim 101, Zail discloses, A system for moving architectural elements, the system comprising: [(col. 4, lines 34-39) “FIG. 2 further shows a bed 140, cabinet 144 and storage and support containers 148. Each of those may be moved within room 102 depending on the configuration of room 102” … (col. 7, lines 57-59) “a motor and control switch may be provided for automated movement of the bed between the deployed and stowed positions.”];
a first architectural element movable along a first track defining a first axis,… the first architectural element moves along the first track [(col. 4, lines 25-33) “wall panels” “120 b…panel 120 may be mounted in distinct planes within track 112 d…(as shown in FIG. 2)”
As described above, examiner notes, Zail teaches, first architectural element such as wall 120 moves along a first track 112a, where track 112 defines an axis];
wherein the first architectural element comprises at least one of a wall or a first furniture item; [(col. 4, lines 25-33) “wall panels” “120 b…(as shown in FIG. 2)”];
a second furniture item movable along a second track… [(col. 4, lines 23-25) “The wall panels 122 may be affixed at their upper end to transverse track 112 d so as to move transversely within the track 112 d.”
As described above, examiner notes, Zail teaches, second furniture item 122a movable along a second track 112c/112d (e.g.; fig. 2)];
a second track defining a second axis that is parallel to the first axis [(col. 4, lines 25-33) “wall panels” “120 b…panel 120 may be mounted in distinct planes within track 112 d…(as shown in FIG. 2)”…
(col. 4, lines 23-25) “The wall panels 122 may be affixed at their upper end to transverse track 112 d so as to move transversely within the track 112 d.”…
As described above, examiner notes, Zail fig. 2 shown, parallel tracks 112a, 112b, 112c, 112d], but doesn’t explicitly disclose,
Dirksen discloses, wherein the first architectural element and the second furniture item are arranged in a nested configuration, [Dirksen shows an architectural system as shown in screenshots 1 and 2, Timestamp 45:29 - 45:30. This system includes a bottom furniture structure such as a bed and a top furniture structure. The bottom furniture structure that is a bed can slide out from the top furniture structure and slide into the top furniture structure like a drawer such that the bottom furniture structure and the top furniture structure are arranged in nested configuration.];
the second track being attached to and fixed on the first architectural element, …the second furniture item moves along the second track fixed on the first architectural element [Dirksen screenshot 5, Timestamp 45:44 shows, track that is fixed at the top furniture structure in which the bottom furniture structure such as the bed can slide out from the top furniture structure and slide into the top furniture structure like a drawer. The tracks in which the bottom furniture slides, are parallel to each other and they are in parallel axis.];
such that the second furniture item moves along the second track fixed on the first architectural element and the first architectural element moves along the first track in a nested manner, [Dirksen screenshots 3-5 Timestamp 45:33 - 45:44 shows, the bottom furniture structure that is a bed can slide out from the top furniture structure and slide into the top furniture structure like a drawer such that the bottom furniture structure and the top furniture structure are arranged in nested configuration and relative movement is nested.]
wherein the second furniture item comprises at least one of a bed, a desk, a couch, a closet, or a shelf, [Dirksen screenshots 3-5, Timestamp 45:33 - 45:44 shows, the bottom furniture structure is a bed.].
Therefore, it would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to have combined the features such as the first architectural element and the second furniture item are arranged in a nested configuration; the second track being attached to and fixed on the first architectural element, the second furniture item moves along the second track fixed on the first architectural element; such that the second furniture item moves along the second track fixed on the first architectural element and the first architectural element moves along the first track in a nested manner; wherein the second furniture item comprises at least one of a bed to have the advantage of utilizing all the spaces in a compact or small house to have two furniture items in a place where only one furniture can fit by utilizing this technique of nested configuration of this compact furniture system taught by Dirksen with the system taught by Zail as discussed above in order to have a reasonable expectation of success such as to have the advantage of utilizing all the spaces in a compact or small house to have two furniture items in a place where only one furniture can fit by utilizing this technique of nested configuration of this compact furniture system [Dirksen: screenshots 1-5, timestamp 45:29 – 45:45 shows how this compact furniture system makes it possible for the owner to have to furniture items where only one furniture item can fit by utilizing this nested configuration].
Claim 112:
Regarding claim 112, Zail and Dirksen disclose all the elements of claim 101, and
Dirksen further discloses, wherein the first architectural element and the second furniture item move independently of each other. [Dirksen screenshots 3-5 Timestamp 45:33 - 45:44 shows, the bottom furniture structure that is a bed can slide out from the top furniture structure and slide into the top furniture structure like a drawer such that the bottom furniture structure and the top furniture structure are arranged in nested configuration and relative movement is nested.
Examiner notes that, claim limitations are broad and in broadest reasonable interpretation, claim limitations describes that the first and second furniture elements doesn’t require each other’s assistance for movement.
Accordingly, as described above, Dirksen teaches the bottom furniture structure can be moved (pulled out or slide in) independent of the top furniture structure].
Claim 115 (amended):
Regarding claim 101, Zail discloses, A method of moving architectural elements, the method comprising: [(col. 4, lines 34-39) “FIG. 2 further shows a bed 140, cabinet 144 and storage and support containers 148. Each of those may be moved within room 102 depending on the configuration of room 102” … (col. 7, lines 57-59) “a motor and control switch may be provided for automated movement of the bed between the deployed and stowed positions.”];
moving a first architectural element along a first track defining a first axis,… the first architectural element moves along the first track [(col. 4, lines 25-33) “wall panels” “120 b…panel 120 may be mounted in distinct planes within track 112 d…(as shown in FIG. 2)”
As described above, examiner notes, Zail teaches, first architectural element such as wall 120 moves along a first track 112a, where track 112 defines an axis];
wherein the first architectural element comprises at least one of a wall or a first furniture item; [(col. 4, lines 25-33) “wall panels” “120 b…(as shown in FIG. 2)”];
moving a second furniture item along a second track … [(col. 4, lines 23-25) “The wall panels 122 may be affixed at their upper end to transverse track 112 d so as to move transversely within the track 112 d.”
As described above, examiner notes, Zail teaches, second furniture item 122a movable along a second track 112c/112d (e.g.; fig. 2)];
a second track defining a second axis that is parallel to the first axis, [(col. 4, lines 25-33) “wall panels” “120 b…panel 120 may be mounted in distinct planes within track 112 d…(as shown in FIG. 2)”…
(col. 4, lines 23-25) “The wall panels 122 may be affixed at their upper end to transverse track 112 d so as to move transversely within the track 112 d.”…
As described above, examiner notes, Zail fig. 2 shown, parallel tracks 112a, 112b, 112c, 112d], but doesn’t explicitly disclose,
Dirksen discloses, wherein the first architectural element and the second furniture item are arranged in a nested configuration, [Dirksen shows an architectural system as shown in screenshots 1 and 2, Timestamp 45:29 - 45:30. This system includes a bottom furniture structure such as a bed and a top furniture structure. The bottom furniture structure that is a bed can slide out from the top furniture structure and slide into the top furniture structure like a drawer such that the bottom furniture structure and the top furniture structure are arranged in nested configuration.];
the second track being attached to and fixed on the first architectural element, … the second furniture item moves along the second track fixed on the first architectural element [Dirksen screenshot 5, Timestamp 45:44 shows, track that is fixed at the top furniture structure in which the bottom furniture structure such as the bed can slide out from the top furniture structure and slide into the top furniture structure like a drawer. The tracks in which the bottom furniture slides, are parallel to each other and they are in parallel axis.];
such that the second furniture item moves along the second track fixed on the first architectural element and the first architectural element moves along the first track in a nested manner, [Dirksen screenshots 3-5 Timestamp 45:33 - 45:44 shows, the bottom furniture structure that is a bed can slide out from the top furniture structure and slide into the top furniture structure like a drawer such that the bottom furniture structure and the top furniture structure are arranged in nested configuration and relative movement is nested.]
wherein the second furniture item comprises at least one of a bed, a desk, a couch, a closet, or a shelf [Dirksen screenshots 3-5, Timestamp 45:33 - 45:44 shows, the bottom furniture structure is a bed.].
Therefore, it would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to have combined the features such as the first architectural element and the second furniture item are arranged in a nested configuration; the second track being attached to and fixed on the first architectural element, the second furniture item moves along the second track fixed on the first architectural element; such that the second furniture item moves along the second track fixed on the first architectural element and the first architectural element moves along the first track in a nested manner; wherein the second furniture item comprises at least one of a bed to have the advantage of utilizing all the spaces in a compact or small house to have two furniture items in a place where only one furniture can fit by utilizing this technique of nested configuration of this compact furniture system taught by Dirksen with the method taught by Zail as discussed above in order to have a reasonable expectation of success such as to have the advantage of utilizing all the spaces in a compact or small house to have two furniture items in a place where only one furniture can fit by utilizing this technique of nested configuration of this compact furniture system [Dirksen: screenshots 1-5, timestamp 45:29 – 45:45 shows how this compact furniture system makes it possible for the owner to have to furniture items where only one furniture item can fit by utilizing this nested configuration].
Claim 126:
Regarding claim 126, Zail and Dirksen disclose all the elements of claim 115, and
Dirksen further discloses, wherein the first architectural element and the second furniture item move independently of each other. [Dirksen screenshots 3-5 Timestamp 45:33 - 45:44 shows, the bottom furniture structure that is a bed can slide out from the top furniture structure and slide into the top furniture structure like a drawer such that the bottom furniture structure and the top furniture structure are arranged in nested configuration and relative movement is nested.
Examiner notes that, claim limitations are broad and in broadest reasonable interpretation, claim limitations describes that the first and second furniture elements doesn’t require each other’s assistance for movement.
Accordingly, as described above, Dirksen teaches the bottom furniture structure can be moved (pulled out or slide in) independent of the top furniture structure].
Claim 161:
Regarding claim 161, Zail and Dirksen disclose all the elements of claim 101, and
Dirksen discloses, wherein the second furniture item comprises the bed. [Dirksen screenshots 3-5, Timestamp 45:33 - 45:44 shows, the bottom furniture structure is a bed.].
Claim 162:
Regarding claim 162, Zail and Dirksen disclose all the elements of claim 115, and
Dirksen discloses, wherein the second furniture item comprises the bed. [Dirksen screenshots 3-5, Timestamp 45:33 - 45:44 shows, the bottom furniture structure is a bed.].
Claim 165 (new):
Regarding claim 161, Zail and Dirksen disclose all the elements of claim 101, and
Dirksen discloses, wherein the first architectural element and the second furniture item are movable along a floor surface. [Dirksen screenshots 1-4, Timestamp 45:33 - 45:44 shows, the furniture structures are on the floor and movable along the floor surface].
Claim 166 (new):
Regarding claim 162, Zail and Dirksen disclose all the elements of claim 115, and
Dirksen discloses, wherein the first architectural element and the second furniture item are movable along a floor surface. [Dirksen screenshots 1-4, Timestamp 45:33 - 45:44 shows, the furniture structures are on the floor and movable along the floor surface].
Claim(s) 105, 107, 119, 121 and is/are rejected under 35 U.S.C. 103 as being unpatentable over Zail and Dirksen and further in view of Parker et al. (US20110068663A1) [hereinafter Parker].
Claim 105:
Regarding claim 105, Zail and Dirksen disclose all the elements of claim 101, and
Zail further discloses, the second furniture item is moved by a second actuator that operates without electrical power. [(col. 4, lines 66-67 to col. 5, lines 1-2) “FIGS. 4 and 5 are similar to FIGS. 2 and 3, with the change that a wall panel 122 b has been moved transversely along track 112 d so that now wall panels 122 a and 122 b completely cover the side of room 102.”
Zail teaches, as shown in fig. 2; wall 122 actuated to move on tracks 112c/112d without any electrical power such as manual push movement], but they do not explicitly disclose, wherein the first architectural element is moved by a first actuator that receives electrical power from a power source.
However, Parker discloses, wherein the first architectural element is moved by a first actuator that receives electrical power from a power source. [(¶27) “three shelf units 10, 12, and 14 with shelves 16. The shelf units are mounted to tracks 18 via wheels 20.”… (¶9) “the body has a plurality of load bearing track engaging wheels that allow the body to move back and forth along a track,” “an electric drive mechanism for a body, wherein the body has a plurality of load bearing track engaging wheels that allow the body to move back and forth along a track, the electric drive mechanism including an electric motor,…wherein actuation of the electric motor causes rotation of the drive wheel which moves the body along the track,”
Parker disclose, electrical motor actuates the first shelf 10 to move along the tracks].
Therefore, it would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to have combined the moving architectural elements on the tracks using the electrical drive mechanism using electrical power to have the ability of retro-fitting (docked) electrical drive mechanism for track mounted bodies such as shelf units to existing mechanically hand operable shelf units taught by Parker with the system taught by Zail and Dirksen as discussed above in order to have a reasonable expectation of success such as to have the ability of retro-fitting (docked) electrical drive mechanism for track mounted bodies such as shelf units to existing mechanically hand operable shelf units [Parker: (¶38) “unique means of providing an electrical drive mechanism for track mounted bodies such as shelf units that can be installed on new systems or retro-fitted (docked) to existing mechanically hand operable shelf units”].
Claim 107:
Regarding claim 107, Zail and Dirksen disclose all the elements of claim 101, but they do not explicitly disclose, and
Parker discloses, wherein the first architectural element and the second furniture item are moved by actuators that receive electrical power from a power source. [(¶27) “three shelf units 10, 12, and 14 with shelves 16. The shelf units are mounted to tracks 18 via wheels 20.” … (¶9) “the body has a plurality of load bearing track engaging wheels that allow the body to move back and forth along a track,” … “an electric drive mechanism for a body, wherein the body has a plurality of load bearing track engaging wheels that allow the body to move back and forth along a track, the electric drive mechanism including an electric motor, a non-load bearing drive wheel that is attached with respect to the body so that it engages a stationary surface adjacent the body, a drive coupling means between the electric motor and the drive wheel wherein actuation of the electric motor causes rotation of the drive wheel which moves the body along the track,”
Parker teaches, electrical motor actuates the first shelf 10 and second shelf 12 to move along the tracks].
Claim 119:
Regarding claim 119, Zail and Dirksen disclose all the elements of claim 115, and
Zail further discloses, the second furniture item is moved by a second actuator that operates without electrical power. [(col. 4, lines 66-67 to col. 5, lines 1-2) “FIGS. 4 and 5 are similar to FIGS. 2 and 3, with the change that a wall panel 122 b has been moved transversely along track 112 d so that now wall panels 122 a and 122 b completely cover the side of room 102.”
Zail teaches, as shown in fig. 2; wall 122 actuated to move on tracks 112c/112d without any electrical power such as manual push movement], but doesn’t explicitly disclose, and
Parker discloses, the first architectural element is moved by a first actuator that receives electrical power from a power source [(¶27) “three shelf units 10, 12, and 14 with shelves 16. The shelf units are mounted to tracks 18 via wheels 20.”… (¶9) “the body has a plurality of load bearing track engaging wheels that allow the body to move back and forth along a track,” “an electric drive mechanism for a body, wherein the body has a plurality of load bearing track engaging wheels that allow the body to move back and forth along a track, the electric drive mechanism including an electric motor,…wherein actuation of the electric motor causes rotation of the drive wheel which moves the body along the track,”
Parker disclose, electrical motor actuates the first shelf 10 to move along the tracks].
Therefore, it would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to have combined the moving architectural elements on the tracks using the electrical drive mechanism using electrical power to have the ability of retro-fitting (docked) electrical drive mechanism for track mounted bodies such as shelf units to existing mechanically hand operable shelf units taught by Parker with the method taught by Zail and Dirksen as discussed above in order to have a reasonable expectation of success such as to have the ability of retro-fitting (docked) electrical drive mechanism for track mounted bodies such as shelf units to existing mechanically hand operable shelf units [Parker: (¶38) “unique means of providing an electrical drive mechanism for track mounted bodies such as shelf units that can be installed on new systems or retro-fitted (docked) to existing mechanically hand operable shelf units”].
Claim 121:
Regarding claim 121, Zail and Dirksen disclose all the elements of claim 115, but they do not explicitly disclose, and
Parker discloses, wherein the first architectural element and the second furniture item are moved by actuators that receive electrical power from a power source. [(¶27) “three shelf units 10, 12, and 14 with shelves 16. The shelf units are mounted to tracks 18 via wheels 20.” … (¶9) “the body has a plurality of load bearing track engaging wheels that allow the body to move back and forth along a track,” … “an electric drive mechanism for a body, wherein the body has a plurality of load bearing track engaging wheels that allow the body to move back and forth along a track, the electric drive mechanism including an electric motor, a non-load bearing drive wheel that is attached with respect to the body so that it engages a stationary surface adjacent the body, a drive coupling means between the electric motor and the drive wheel wherein actuation of the electric motor causes rotation of the drive wheel which moves the body along the track,”
Parker teaches, electrical motor actuates the first shelf 10 and second shelf 12 to move along the tracks].
Claim(s) 113 and 127 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zail and Dirksen, and further in view of Johnson et al. (US20150033642A1) [hereinafter Johnson].
Claim 113:
Regarding claim 113, Zail and Dirksen disclose all the elements of claim 101, but they do not explicitly disclose, and
Johnson discloses, wherein the first architectural element and the second furniture item move in unison. [(¶51) “Modular units 12 can be a variety of different types of shelving, cabinets, storage units, work units including fold out work or support surfaces 13 and the like.” … (¶66) “In FIG. 2,” “mobile wall 10 has been pushed back against the adjacent permanent standing wall of living space 1.”… (¶68) “In FIG. 4, mobile wall 10 has been moved into position closer to bed 15, thus making the sleeping area somewhat smaller.”
Examiner notes that the limitation “unison” is broad such that, in broadest reasonable interpretation it means that the first architectural element and the second furniture item can move in agreement or together).
Johnson teaches, as shown in fig 2. two modular units 12 are moving together in unison such that they are pushed back against the adjacent permanent standing wall and in figs. 4-5 the two modular units 12 are moving together in unison such that they are moved into position closer to bed 15].
Therefore, it would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to have combined the capability of moving the first architectural element and the second furniture item in unison to have a highly configurable space that can be configured as needed and to have a larger useful area by moving the movable furniture/architectures when needed taught by Johnson with the system taught by Zail and Dirksen as discussed above in order to have a reasonable expectation of success such as to have a highly configurable space that can be configured as needed and to have a larger useful area by moving the movable furniture/architectures when needed [Johnson: (¶66) “This creates a larger entertainment area, and also allows one to expand mobile island 50 into a dining table and move it into a better position for use as a dining table for entertaining guests, as has been shown in FIG. 2.”].
Claim 127:
Regarding claim 127, Zail and Dirksen disclose all the elements of claim 115, but they do not explicitly disclose, and
Johnson discloses, moving the first architectural element and moving the second furniture item occur in unison. [(¶51) “Modular units 12 can be a variety of different types of shelving, cabinets, storage units, work units including fold out work or support surfaces 13 and the like.” … (¶66) “In FIG. 2,” “mobile wall 10 has been pushed back against the adjacent permanent standing wall of living space 1.”… (¶68) “In FIG. 4, mobile wall 10 has been moved into position closer to bed 15, thus making the sleeping area somewhat smaller.”
Examiner notes that the limitation “unison” is broad such that, in broadest reasonable interpretation it means that the first architectural element and the second furniture item can move in agreement or together)
Johnson teaches, as shown in fig 2. two modular units 12 are moving together in unison such that they are pushed back against the adjacent permanent standing wall and in figs. 4-5 the two modular units 12 are moving together in unison such that they are moved into position closer to bed 15].
Therefore, it would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to have combined the capability of moving the first architectural element and the second furniture item in unison taught by Johnson with the method taught by Zail and Dirksen for the same reasons as described above in claim 113.
Claim(s) 159-160 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zail, Dirksen and Parker, and further in view of Stansfield et al. (US5228820A) [hereinafter Stansfield].
Claim 159:
Regarding claim 159, Zail, Dirksen and Parker disclose all the elements of claim 105, and
Parker further discloses, the first actuator comprises a motor [(¶9) “an electric drive mechanism for a body, wherein the body has a plurality of load bearing track engaging wheels that allow the body to move back and forth along a track, the electric drive mechanism including an electric motor, a non-load bearing drive wheel that is attached with respect to the body so that it engages a stationary surface adjacent the body, a drive coupling means between the electric motor and the drive wheel wherein actuation of the electric motor causes rotation of the drive wheel which moves the body along the track,”
Parker teaches, electrical motor actuates the first shelf 10 to move along the tracks], but does not explicitly disclose, and
Stansfield discloses, the second actuator comprises a friction drive. [(col. 10, lines 37-43) “The carrier is provided with a retaining shoe 216 which interlocks with a bracket that is mounted on the buffer station so as to hold the carrier in position with respect to the buffer station. The shoe 216 supports the carrier against lateral forces exerted by the contact of the friction drive wheels extending from the interface shelf of the buffer station.”].
Therefore, it would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to have combined the actuating mechanism with friction drive that is used for a furniture item such as a shelf movement to have a moving mechanism that is relatively simple and requires reduced maintenance taught by Stansfield with the system taught by Zail, Dirksen and Parker as discussed above to have a reasonable expectation of success such as to have a moving mechanism that is relatively simple and requires reduced maintenance [Stansfield: (col. 10, lines 59-60) “relatively simple and requires reduced maintenance”].
Claim 160:
Regarding claim 160, Zail, Dirksen and Parker disclose all the elements of claim 119, and
Parker further discloses, the first actuator comprises a motor [ (¶9) “an electric drive mechanism for a body, wherein the body has a plurality of load bearing track engaging wheels that allow the body to move back and forth along a track, the electric drive mechanism including an electric motor, a non-load bearing drive wheel that is attached with respect to the body so that it engages a stationary surface adjacent the body, a drive coupling means between the electric motor and the drive wheel wherein actuation of the electric motor causes rotation of the drive wheel which moves the body along the track,”
Parker teaches, electrical motor actuates the first shelf 10 to move along the tracks], but does not explicitly disclose, and
Stansfield discloses, the second actuator comprises a friction drive. [(col. 10, lines 37-43) “The carrier is provided with a retaining shoe 216 which interlocks with a bracket that is mounted on the buffer station so as to hold the carrier in position with respect to the buffer station. The shoe 216 supports the carrier against lateral forces exerted by the contact of the friction drive wheels extending from the interface shelf of the buffer station.”].
Therefore, it would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to have combined the actuating mechanism with friction drive that is used for a furniture item such as a shelf movement to have a moving mechanism that is relatively simple and requires reduced maintenance taught by Stansfield with the method taught by Zail, Dirksen and Parker as discussed above to have a reasonable expectation of success such as to have a moving mechanism that is relatively simple and requires reduced maintenance [Stansfield: (col. 10, lines 59-60) “relatively simple and requires reduced maintenance”].
Response to Arguments
Applicant’s arguments with respect to claim(s) 101 and 115 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.
Applicant responds
(a) Rejections under 35 U.S.C. § 103
Specifically, Applicant respectfully submits that Zail and Underwood, individually or in proper combination, fail to teach or suggest at least "wherein the first architectural element and the second furniture item are arranged in a nested configuration, such that the second furniture item moves along the second track fixed on the first architectural element and the first architectural element moves along the first track in a nested manner" as presently recited in amended independent claim 101.
Zail is silent regarding a wall panel (120) and a wall panel (122) being arranged in a nested configuration, and therefore fails to teach or suggest "wherein the first architectural element and the second furniture item are arranged in a nested configuration, such that the second furniture item moves along the second track fixed on the first architectural element and the first architectural element moves along the first track in a nested manner" as presently recited in amended independent claim 101.
However, Underwood is silent regarding the work surface (42) and panel unit (60) being arranged in a nested configuration and therefore fails to remedy the deficiencies of Zail with respect to independent claim 101. Underwood thus fails to teach or suggest "wherein the first architectural element and the second furniture item are arranged in a nested configuration, such that the second furniture item moves along the second track fixed on the first architectural element and the first architectural element moves along the first track in a nested manner" as presently recited in amended independent claim 101.
Thus, Zail and Underwood, individually or in proper combination, fail to teach or suggest at least "wherein the first architectural element and the second furniture item are arranged in a nested configuration, such that the second furniture item moves along the second track fixed on the first architectural element and the first architectural element moves along the first track in a nested manner."
Independent claim 115 has been amended to include limitations similar to independent claim 101 and is also patentable over Zail and Underwood for at least the same reasons.
(Page(s): 7-9)
With respect to (a) above, Examiner appreciates the interpretative description given by Applicant in response.
In response to applicant’s amendments to the claims 101 and 115, a new grounds of rejections in view of Dirksen has been introduced as described in the current office action.
Combination of Zail and Dirksen teach all the limitations of claims 101 and 115 as described in the current office action.
Applicant’s arguments are fully considered, but for the above described reasons, the arguments are moot; therefore, all the pending claims are rejected under 35 U.S.C. §103 in view of the references as set forth in the current office action.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure is listed in the PTO-892 Notice of Reference Cited document mailed on 07/10/2024.
Zipp et al. (US20090140620A1) - Furniture comprising at least one second furniture part which can be motor-driven in relation to a first furniture part:
The moveable and/or driven furniture parts can be drawers, doors and/or flaps. The moveable furniture parts may be assigned to a joint first furniture part, in particular a body, or may be assigned, separated from each other, to a plurality of furniture parts and/or bodies (¶21).
Chance (US20060073713A1) - Patient flatwall system:
A patient flatwall system may comprise a generally horizontal track extending generally parallel and adjacent to a wall of a hospital room, and at least one patient flatwall coupled to the track for movement therealong and for rotational movement relative thereto about a generally vertical axis. At least one flatwall may have a plurality of service connectors. The wall of the hospital room may comprise a wall located adjacent a head end of a patient support, such as a hospital bed (¶05).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMMED SHAFAYET whose telephone number is (571)272-8239. The examiner can normally be reached M-F 8:30 AM-5:00 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kenneth Lo can be reached at (571) 272-9774. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/M.S./
Patent Examiner,
Art Unit 2116
/KENNETH M LO/Supervisory Patent Examiner, Art Unit 2116
Prosecution Insights