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 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.
Claims 1-20 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Regarding claim 1, the recitation of method step(s) “wherein movement of said positioning bars causes said rotating pillars and platform bars to rotate about said forward attachment points, backward attachment points, and free linkage attachment points” in this apparatus claim renders the claim indefinite, because it is unclear a device must actually perform these steps, or merely be capable of such performance, in order to read upon these limitations of the claim. See MPEP 2173.05(p). Clarification is required. For examination purposes, the examiner is considering the above limitation to mean “wherein movement of said positioning bars [can cause] said rotating pillars and platform bars to rotate about said forward attachment points, backward attachment points, and free linkage attachment points”.
Regarding claim 1, the recitation of method step(s) “wherein rotation of said rotating pillars and said platform bars about said forward attachment points, backward attachment points, and free linkage attachment points causes said platform to reorient to be substantially parallel with said flat surface on which said bottom panel is in contact” in this apparatus claim renders the claim indefinite, because it is unclear a device must actually perform these steps, or merely be capable of such performance, in order to read upon these limitations of the claim. See MPEP 2173.05(p). Clarification is required. For examination purposes, the examiner is considering the above limitation to mean “wherein rotation of said rotating pillars and said platform bars about said forward attachment points, backward attachment points, and free linkage attachment points [can cause] said platform to reorient to be substantially parallel with said flat surface on which said bottom panel is in contact”.
Regarding claim 7, the recitation of method step(s) “wherein movement of said positioning bars via rotation of said top section about said bottom section causes said rotating pillars and platform bars to rotate about said forward attachment points, backward attachment points, and free linkage attachment points” in this apparatus claim renders the claim indefinite, because it is unclear a device must actually perform these steps, or merely be capable of such performance, in order to read upon these limitations of the claim. See MPEP 2173.05(p). Clarification is required. For examination purposes, the examiner is considering the above limitation to mean “wherein movement of said positioning bars via rotation of said top section about said bottom section [can cause] said rotating pillars and platform bars to rotate about said forward attachment points, backward attachment points, and free linkage attachment points”.
Regarding claim 17, the recitation of method step(s) “wherein rotation of said rotating pillars and said platform bars about said forward attachment points, backward attachment points, and free linkage attachment points causes said platform to reorient to be substantially parallel with a flat surface on which a bottom panel of said bottom section is in contact” in this apparatus claim renders the claim indefinite, because it is unclear a device must actually perform these steps, or merely be capable of such performance, in order to read upon these limitations of the claim. See MPEP 2173.05(p). Clarification is required. For examination purposes, the examiner is considering the above limitation to mean “wherein rotation of said rotating pillars and said platform bars about said forward attachment points, backward attachment points, and free linkage attachment points [can cause] said platform to reorient to be substantially parallel with a flat surface on which a bottom panel of said bottom section is in contact”.
Regarding claim 18, the recitation of method step(s) “wherein movement of said positioning bars via rotation of said top section about said bottom section causes said outer columns, inner columns, and platform bars to rotate about said forward attachment points, backward attachment points, and free linkage attachment points” in this apparatus claim renders the claim indefinite, because it is unclear a device must actually perform these steps, or merely be capable of such performance, in order to read upon these limitations of the claim. See MPEP 2173.05(p). Clarification is required. For examination purposes, the examiner is considering the above limitation to mean “wherein movement of said positioning bars via rotation of said top section about said bottom section [can cause] said outer columns, inner columns, and platform bars to rotate about said forward attachment points, backward attachment points, and free linkage attachment points”.
Claims 2-6, 8-17, & 19-20 are indefinite due to dependence upon an indefinite base claim.
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) 7-11, 14, & 17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ergun (20150289641).
Regarding claim 7, Ergun teaches a system for a reconfigurable furniture device comprising: an exterior shell (100) comprising a top section (102, 112a, 114a, 128) rotatably secured to a bottom section via a hinge (152), wherein rotation of said top section about said bottom section (note that at least a portion (128) of the top section (102, 112a, 114a, 128) rotates relative to the bottom section (106)) via said hinge places said exterior shell in one of an open position (Fig. 1) and a closed position (Fig. 3), wherein said top section and said bottom section create an internal cavity when in said closed position (implied by Figs. 3 & 6), rotating pillars (122, 124) rotatably secured to bottom side panels of said bottom section of said exterior shell at bottom ends via forward attachment points (148 or 149) and backward (149 or 148) attachment points, wherein said bottom side panels act as fixed linkages in combination with said forward attachment points and said backward attachment points (Fig. 1), positioning bars (126) rotatably secured to top side panels (114a) of said top section at a first end (152) and rotatable secured to crank points (153) of said rotating pillars at a second end, and platform bars (128) rotatably secured to said rotating pillars at a top end via free linkage attachment points (150-151), wherein movement of said positioning bars via rotation of said top section about said bottom section can cause said rotating pillars and platform bars to rotate about said forward attachment points, backward attachment points, and free linkage attachment points (Figs. 1-3).
Regarding claim 8, Ergun teaches an inner column (122) of said rotating pillars (122, 124), wherein said inner column is secured to said bottom side panels (130a) at said backward attachment points (148). See Figs. 1 & 6.
Regarding claim 9, Ergun teaches an outer column (124) of said rotating pillars (122, 124), wherein said outer column is secured to said bottom side panels (130a) at a forward attachment points (149). See Figs. 1 & 6.
Regarding claim 10, Ergun teaches forward attachment points (149) that is higher (Figs. 1 & 6) than said backward attachment points (148) such that a line drawn between said forward attachment points and backward attachment points is not parallel (Figs. 1 & 6) with a floor (147) of said bottom section (106).
Regarding claim 11, Ergun teaches an inner column (124) of said rotating pillars, wherein said inner column is secured to said bottom side panels (130a) at said backward attachment points (149); an outer column (122) of said rotating pillars, wherein said outer column is secured to said bottom side panels at a forward attachment points (148); wherein said positioning bars (126) are rotatably secured to said inner column of said rotating pillars at said crank points (153).
Regarding claim 14, Ergun teaches a support base (112a) secured to an interior surface (110) of a floor panel (102) of said top section (102, 112a, 114a, 128).
Regarding claim 17, Ergun teaches a platform (102) secured to said platform bars (128), wherein rotation of said rotating pillars (122, 124) and said platform bars about said forward attachment points (148 or 149), backward attachment points (149 or 148), and free linkage attachment points (150-151) can cause said platform to reorient to be substantially parallel with a flat surface (99) on which a bottom panel (147) of said bottom section is in contact (Fig. 3).
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.
Claims 1-6 are rejected under 35 U.S.C. 103 as being unpatentable over Ergun (20150289641).
Regarding claim 1, Ergun teaches the structure substantially as claimed, including a system for a reconfigurable furniture device comprising: a bottom section (106) comprising a bottom panel (147), and bottom side panels (130a, 130b), rotating pillars (122, 124) rotatably secured to said bottom side panels at bottom ends via forward attachment points (149) and backward attachment points (148), wherein said bottom side panels act as fixed linkages in combination with said forward attachment points and said backward attachment points (Fig. 1), wherein said forward attachment points of said bottom side panels are aligned directly across from one another such that a first line drawn between said forward attachment points is parallel with a flat surface (99) on which said bottom panel is in contact (Fig. 6), wherein said backward attachment points of said bottom side panels are aligned directly across from one another such that a second line drawn between said backward attachment points is parallel with a flat surface on which said bottom panel is in contact (Fig. 6), wherein said first line and said second line are at least one of in plane or parallel (Fig. 6), positioning bars rotatably (126) secured to crank points (153) of said rotating pillars at a second end (Fig. 1), platform bars (128) rotatably secured to said rotating pillars at a top end via free linkage attachment points (150-151), wherein movement of said positioning bars (126) can cause said rotating pillars (122, 124) and platform bars (128) to rotate (Figs. 1-3) about said forward attachment points (149), backward attachment points (148), and free linkage attachment points (150-151), and a platform (102) secured to said platform bars, wherein rotation of said rotating pillars and said platform bars about said forward attachment points, backward attachment points, and free linkage attachment points can cause said platform to reorient to be substantially parallel with said flat surface on which said bottom panel is in contact (Figs. 1-3). Ergun fail(s) to teach an end panel. However, in an alternative embodiment (Fig. 22), Ergun teaches the inclusion of an end panel (A in Fig. 22 Annotated) on a bottom section (136). It would have been obvious to one of ordinary skill in the art to add an end panel, as taught by Ergun’s alternative embodiment, to the bottom section of Ergun, with a reasonable expectation of success, in order to connect the bottom side panels to each other, thereby providing structural reinforcement to the bottom section.
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Regarding claim 2, Ergun teaches a first inner column (122) and second inner column (122) of said rotating pillars (122, 124) and a right side panel (130a) and left side panel (130a) of said bottom side panels (130a), wherein said first inner column is secured to said backward attachment points (148) of said right side panel (Fig. 6), wherein said second inner column is secured (Fig. 6) to said backward attachment points (148) of said left side panel (130a).
Regarding claim 3, Ergun teaches a first outer column (124) and second outer column (124) of said rotating pillars (122, 124), wherein said first outer column is secured to said forward attachment points (149) of said right side panel (130a), wherein said second outer column is secured (Fig. 6) to said forward attachment points (149) of said left side panel (130a).
Regarding claim 4, Ergun teaches forward attachment points (149) of said right side panel (130a) that is higher than said backward attachment points (148) of said right side panel such that a third line drawn between said forward attachment points of said right side panel and backward attachment points of said right side panel is not parallel with said bottom panel (147) of said bottom section (106 - see Figs. 1 & 6), wherein said forward attachment points (149) of said left side panel (130a) is higher than said backward attachment points (148) of said left side panel such that a fourth line drawn between said forward attachment points of said left side panel and backward attachment points of said left side panel is not parallel with said bottom panel of said bottom section (Figs. 1 & 6).
Regarding claim 5, Ergun teaches first & second inner columns (124) of said rotating pillars (122, 124) and right & left side panels (130a) of said bottom side panels (130a), wherein said first & second inner columns are respectively secured to said backward attachment points (149) of said right & left side panels; first & second outer columns (122) of said rotating pillars, wherein said first & second outer columns are respectively secured to said forward attachment points (148) of said right & left side panels; wherein first & second positioning bars (126) are respectively rotatably secured (Figs. 1 & 6) to said crank points (153) of said first & second inner columns (124).
Regarding claim 6, Ergun teaches an inner surface of said bottom panel (147) is generally perpendicular (Fig. 6) with said inner surface of said bottom side panels (130a).
Allowable Subject Matter
Claims 18-20 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) set forth in this Office action.
Claims 12-13 & 15-16 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW ING whose telephone number is (571)272-6536. The examiner can normally be reached M-F 8:30 a.m. - 5 p.m.. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Daniel 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.
/MATTHEW W ING/Primary Examiner, Art Unit 3637