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 .
Drawings
The drawings were received on 2/11/2026. These drawings are acceptable.
Specification
The changes to specification and abstract were received on 2/11/2026. These changes are acceptable.
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 12, 13, 27, and 30 are 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.
Claim 12 and 30 requires that the pin is connected to the sidewalls of the main body while claim 1 requires the pin connected to the base lever. It appears applicant only disclose a single bearing pin to be either connected to the base lever or the main body, but never both at the same time.
Claim 13 recites the limitation "a base lever" in line 4. There is insufficient antecedent basis for this limitation in the claim. It is unclear if this is same as the base lever and associated features cited in claim 1.
Claim 13 recites the limitation "a rotary lever" in line 5. There is insufficient antecedent basis for this limitation in the claim. It is unclear if this is same as the rotary lever and associated features cited in claim 1.
Claim 27 recites a bunch of features with the transition phrase “and/or” between them which renders the claim indefinite since it is unclear what features are required with the numerous amounts of “or”.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1, 3-9, 12, 23-25, 27, 28, 30, and 33 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent Publication 2008/0295290 to Murray.
Murray teaches
1. A furniture fitting for the movably mounting a furniture part on a furniture panel, the furniture fitting comprising: a main body (28, 41); a rotary lever (60); and a bearing pin (90), wherein the bearing pin is connected to the main body and/or to a base lever (41), the rotary lever having a hole (63) and the one bearing pin extending through the hole, and the at least one rotary lever has having a widened portion (70 or 82) extending in a direction parallel to a longitudinal axis of the bearing pin in a region surrounding the hole (as best seen in figures 5 and 6), and wherein the base lever is fixed to the bearing pin so as to be immovable relative to the bearing pin, and the rotary lever is mounted rotatably on the bearing pin (via the rivet heads and knurled portion 92; par 32).
3. wherein the widened portion (82) is formed on the region of the rotary lever surrounding the hole as a bearing bushing (80), and the bearing bushing is arranged the hole (as best seen in figures 5 and 6)
4. wherein the bearing pin is a rivet or a part of a rivet (par 32)
5. further comprising an external spacer arranged between the rotary lever and the main body and/or the base lever (the busing 80 could be an external spacer)
6. wherein the rotary lever is a first one of at least two rotary levers (as best seen in figure 5)
7. wherein the rotary lever is a first one of at least two rotary levers, and the bearing bushing is arranged in the hole of each of the at least two rotary levers, such that the bearing bushing extends through the at least two rotary levers (as best seen in figure 6).
8. wherein the base lever is a first one of at least two base levers (as best seen in figure 5)
9. wherein the rotary lever and the base lever are nested along a longitudinal axis of the bearing pin (as best seen in figure 6)
12. wherein the main body comprises a housing (vehicle body) including at least two side walls (walls of the base lever, as best understood due to the 112 rejection), the bearing pin being arranged in at least two holes in the at least two side walls
23. wherein: the bearing bushing (80) is connected to the rotary lever, and/or the bearing pin extends through the bearing bushing, and/or the bearing bushing is mounted rotatably with respect to the bearing pin, and/or the bearing bushing is press-fit into the hole of the rotary lever to be connected to the rotary lever, and/or the bearing bushing is manufactured from steel, and/or a length of the bearing bushing in an axial direction is at least five times greater than a width of the rotary lever (as best seen in figure 5 and 6).
24. wherein the bearing pin is connected to the main body or to the base lever by orbital riveting (par 32).
25. wherein the external spacer is formed as a ring (flange 82 or the busing 80), and wherein the bearing pin extends through the ring and/or the ring has an L-profile (as best seen in figure 6).
27. wherein: the bearing pin passes through the at least two base levers, and/or the at least two base levers are connected to one another, and the at least two base levers are molded from one part, welded, screwed, and/or riveted, and/or the at least two base levers are parallel to one another, and/or the at least two base levers are substantially identical (as best seen in figure 5)).
28. wherein the base lever is a first one of at least two base levers (as best seen in figure 5), the furniture fitting having an arrangement along a direction of a longitudinal axis of the bearing pin with a sequence: a first base lever of the at least two base levers, the rotary lever, and a second base lever of the at least two base levers (as best seen in figure 6).
30. wherein the furniture fitting has an arrangement along a direction of a longitudinal axis of the bearing pin with a sequence: a first side wall of the at least two side walls, the rotary lever, and a second side wall of the at least two side walls (as best seen in figure 6).
33. wherein the widened portion of the rotary lever is arranged within the hole and around the outside of the bearing pin (as best seen in figure 5 and 6).
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) 1, 3-18, and 23-33 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent Publication 2019/0316394 to Kruedener in view of US Patent Publication 2008/0295290 to Murray
Kruedener teaches a piece of furniture comprising a furniture panel (4,5) with a recess receiving a housing of a main body (16) of a furniture fitting. The furniture fitting has a rotary lever (14,13,1) that connects to a furniture flap (3) and a base lever (figure 3). A spring element (39) biases the flap via the levers. All the levers are connected together via pivots or pins.
Kruedener does not expressly disclose the bushing and pin combination.
Murray teaches
1. A furniture fitting for the movably mounting a furniture part on a furniture panel, the furniture fitting comprising: a main body (28, 41); a rotary lever (60); and a bearing pin (90), wherein the bearing pin is connected to the main body and/or to a base lever (41), the rotary lever having a hole (63) and the one bearing pin extending through the hole, and the at least one rotary lever has having a widened portion (70 or 82) extending in a direction parallel to a longitudinal axis of the bearing pin in a region surrounding the hole (as best seen in figures 5 and 6), and wherein the base lever is fixed to the bearing pin so as to be immovable relative to the bearing pin, and the rotary lever is mounted rotatably on the bearing pin (via the rivet heads and knurled portion 92; par 32).
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 furniture fitting of Kruedener by using the rivet pin with knurls and a busing as taught by Murray to create a strong connection.
Regarding claim 3, Murray teaches
3. wherein the widened portion is formed on the region of the rotary lever surrounding the hole as a bearing bushing (80), and the bearing bushing is arranged the hole
Regarding claim 4, Murray teaches
4. wherein the bearing pin is a rivet or a part of a rivet (Par 32)
Regarding claim 5, Murray teaches
5. further comprising an external spacer (flange 82 of the busing 80) arranged between the rotary lever and the main body and/or the base lever
Regarding claim 6, Murray teaches
6. wherein the rotary lever is a first one of at least two rotary levers
Regarding claim 7, Murray teaches
7. wherein the rotary lever is a first one of at least two rotary levers, and the bearing bushing is arranged in the hole of each of the at least two rotary levers, such that the bearing bushing extends through the at least two rotary levers.
Regarding claim 8, Murray teaches
8. wherein the base lever is a first one of at least two base levers
Regarding claim 9, Murray teaches
9. wherein the rotary lever and the base lever are nested along a longitudinal axis of the bearing pin
Regarding claim 10, Kruedener teaches
10. further comprising a spring element connected to the bearing pin;
Regarding claim 11, Kruedener teaches
11. further comprising a spring element connected to the bearing pin, wherein the spring element is mounted rotatably on the outside of the bearing bushing.
Regarding claim 12, Kruedener teaches
12. wherein the main body comprises a housing including at least two side walls, the bearing pin being arranged in at least two holes in the at least two side walls
Regarding claim 13, Kruedener teaches
13. further comprising an actuating mechanism, wherein the actuating mechanism comprises a plurality of levers, at least one of the plurality of levers being formed as a base lever, and at least one of the plurality of levers being formed as a rotary lever, and/or wherein the main body includes a mechanical energy storage mechanism, wherein a coupling point of the energy storage mechanism to the actuating mechanism is adjustable on a front face of the main body, and/or wherein, in at least a first position, the actuating mechanism is arrangeable completely in the main body, and/or wherein the actuating mechanism includes an installation lever, to be fastened to a movable furniture part the installation lever being configured as a rotary lever and/or base lever.
Regarding claim 14, Kruedener teaches
14. wherein: the main body has a fastening device accessible from a front face of the main body, and/or the main body has a nub on at least one of at least two side walls of the main body, the main body configured to be supported on a furniture panel, and/or the main body has a housing, open on the front face.
Regarding claim 15, Kruedener teaches
15. A furniture panel comprising the furniture fitting according to claim 1.
Regarding claim 16, Kruedener teaches
16. wherein the furniture panel has a recess, and the furniture fitting is arranged at least partially within the recess in the furniture panel,
Regarding claim 17, Kruedener teaches
17. A piece of furniture comprising the furniture panel according to claim 15.
Regarding claim 18, Kruedener teaches
18. further comprising a carcass and a movable furniture part fastened to the carcass by the furniture fitting,
Regarding claim 10, Murray teaches
23. wherein: the bearing bushing is connected to the rotary lever, and/or the bearing pin extends through the bearing bushing, and/or the bearing bushing is mounted rotatably with respect to the bearing pin, and/or the bearing bushing is press-fit into the hole of the rotary lever to be connected to the rotary lever, and/or the bearing bushing is manufactured from steel, and/or a length of the bearing bushing in an axial direction is at least five times greater than a width of the rotary lever.
Regarding claim 10, Murray teaches
24. wherein the bearing pin is connected to the main body or to the base lever by orbital riveting.
Regarding claim 25, Murray teaches
25. wherein the external spacer is formed as a ring, and wherein the bearing pin extends through the ring and/or the ring has an L-profile.
Regarding claim 26, Murray teaches
26. wherein: the furniture fitting further comprises an internal spacer between the at least two rotary levers, the internal spacer being formed as a bushing, and/or the at least two rotary levers are connected via the widened portion in the region surrounding the hole of each of the at least two rotary levers, and/or the at least two rotary levers are connected to one another in an area away from the hole, and the at least two rotary levers are molded from one part, welded, screwed, and/or riveted, and/or the at least two rotary levers are parallel to one another, and/or the at least two rotary levers are substantially identical.
Regarding claim 27, Murray teaches
27. wherein: the bearing pin passes through the at least two base levers, and/or the at least two base levers are connected to one another, and the at least two base levers are molded from one part, welded, screwed, and/or riveted, and/or the at least two base levers are parallel to one another, and/or the at least two base levers are substantially identical.
Regarding claim 28, Murray teaches
28. wherein the base lever is a first one of at least two base levers, the furniture fitting having an arrangement along a direction of a longitudinal axis of the bearing pin with a sequence: a first base lever of the at least two base levers, the rotary lever, and a second base lever of the at least two base levers.
Regarding claim 29, Kruedener in view of Murray teaches
29. wherein the base lever is a first one of at least two base levers, the rotary lever is a first one of at least two rotary levers, and the at least two rotary levers, the at least two base levers, and the spring element are nested along a longitudinal axis of the bearing pin, the furniture fitting having an arrangement along a direction of a longitudinal axis of the bearing pin with a sequence: a first base lever of the at least two base levers, a first rotary lever of the at least two rotary levers, the spring element, a second rotary lever of the at least two rotary levers, and a second base lever of the at least two base levers.
Regarding claim 30, Murray teaches
30. wherein the furniture fitting has an arrangement along a direction of a longitudinal axis of the bearing pin with a sequence: a first side wall of the at least two side walls, the rotary lever, and a second side wall of the at least two side walls.
Regarding claim 31, Kruedener teaches
31. wherein the recess: is open towards a front face of the furniture panel, and/or is open towards a side surface of the furniture panel.
Regarding claim 32, Kruedener teaches
32. wherein: the movable furniture part is a furniture flap, and/or the furniture fitting is configured to move the movable furniture part vertically.
Regarding claim 32, Murray teaches
33. wherein the widened portion of the rotary lever is arranged within the hole and around the outside of the bearing pin (as best seen in figure 5 and 6).
Response to Arguments
Applicant’s arguments filed 2/11/2026 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY MICHAEL AYRES whose telephone number is (571)272-8299. The examiner can normally be reached Monday - Friday 11:30-8.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Dan Troy can be reached at (571) 270-3742. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/T.M.A/ Examiner, Art Unit 3637 /DANIEL J TROY/Supervisory Patent Examiner, Art Unit 3637
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