Notice of Pre-AIA or AIA Status
This is a first office action on the merits of application SN 18/255,008 and filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the lighting element of claim 4 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claims 1-17 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.
Regarding claims 1 and 7, the phrase "and/or" renders the claim indefinite because it is unclear whether the limitation(s) before and following the phrase are part of the claimed invention. See MPEP § 2173.05(d). A finishing locking wall and an auxiliary locking wall are considered to be claimed as alternatives and therefore renders the claims indefinite when only one of them is further refined in later limitations (for example claim 2).
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 and 6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WIPO Publication WO 2008/051159 to Nordell.
Nordell teaches
1. A door for a piece of furniture, rotatably anchorable to the piece of furniture, said door comprising: an outer panel (5) made of a transparent or translucent material (Page 2, line 23), a printed sheet (3), comprising a depiction or a decoration (Page 2, line 23), a finishing support frame (1 or 7 or 107 or 110) made of one of a thin metal sheet (Page 4, line 24-30), an aluminum section bar, a plastic material (Page 6, lines 28-32), and a glass fiber or carbon fiber material, the finishing support frame comprising a finishing locking wall (7 or 107) and/or an auxiliary finishing locking wall, one or more fixing elements (10 or 13), being fixed onto said outer panel, the one or more fixing elements being suitable for fixing the outer panel to the finishing locking wall and/or to the auxiliary finishing locking wall in a removable manner (Page 1, lines 21-23), said printed sheet being anchored between the outer panel and the finishing locking wall and/or the auxiliary finishing locking wall.
2. wherein the printed sheet is removably retained between the outer panel and the finishing locking wall and comprises anchoring openings (11 or 12 or 14) suitable for being crossed by the one or more fixing elements (as best seen in figures 2, 4, 6 and 8).
3. wherein the outer panel comprises a support frame (7 or 107) joined to the outer panel, wherein the one or more fixing elements are fixed to the support frame, and wherein the printed sheet is anchored to the support frame by the one or more fixing elements.
6. wherein the outer panel is made of one of stone, metal, stoneware, medium-density fiberboard (MDF), polyvinyl chloride (PVC), polyethylene terephthalate (PET), and glass (Page 2, lines 22-34).
Claim(s) 5, 16, and 17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent 9,387,912 to Lee.
Lee teaches
5. A door rotatably anchorable to a piece of furniture, said door comprising: an outer panel (10,14, 80) comprising a depiction or a decoration (Col 4, lines 20-59), a finishing support frame (18/26/32) made of one of a thin metal sheet, an aluminum section bar, a plastic material, and a glass fiber or carbon fiber material (plastic, Col 5, lines 59-Col 6, lines 4), said finishing support frame comprising a finishing locking wall (34) and/or an auxiliary finishing locking wall, one or more fixing elements (Col 6, lines 5-12) being fixed onto said outer panel, the one or more fixing elements removably fixing the outer panel to the finishing locking wall and/or to the auxiliary finishing locking wall, said outer panel having a thickness lower than or equal to twenty-five millimeters (Col 6, lines 13-29).
16. wherein the outer panel is made of one of stone, metal, stoneware, medium-density fiberboard (MDF), polyvinyl chloride (PVC), polyethylene terephthalate (PET), and glass (Col 4, lines 29-46).
17. further comprising one or more finishing fixing openings (groove or slot or opening for the push/push latch 56) formed in the finishing locking wall and/or one or more auxiliary finishing fixing openings formed in the auxiliary finishing locking wall, wherein, at least one elastic element (the snap onto; col 6, lines 5-12 or inherently as part of a push/push latch 56; Col 8, lines 16-33) is positioned behind the finishing locking wall and/or behind the auxiliary finishing locking wall, close to the one or more finishing fixing openings and/or the one or more auxiliary finishing fixing openings, the at least one elastic element being suitable for undergoing an elastic deformation and snap-fix the one or more fixing elements, .
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) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over WIPO Publication WO 2008/051159 to Nordell in view of European Patent EP 176701 to Klein.
Nordell discloses every element as claimed and discussed above except a lighting element. Klein teaches a light element (40) attached to a support producing light on a transparent outer panel (30). 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 door of Nordell by adding lights as taught by Klein to change colors for aesthetic value.
Claim(s) 1-3, 5, 6, and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent Publication2013/337220 to Janke.
Janke teaches
1. A door for a piece of furniture, rotatably anchorable to the piece of furniture, said door (22) comprising: an outer panel (54) made of a transparent or translucent material (par 32), a printed sheet (46), comprising a depiction or a decoration (par 32), a finishing support frame (35) (22) and/or an auxiliary finishing locking wall, one or more fixing elements (24,30), being fixed onto said outer panel, the one or more fixing elements being suitable for fixing the outer panel to the finishing locking wall and/or to the auxiliary finishing locking wall in a removable manner (as best seen in figures 1-9), said printed sheet being anchored between the outer panel and the finishing locking wall and/or the auxiliary finishing locking wall.
2. wherein the printed sheet is removably retained between the outer panel and the finishing locking wall and comprises anchoring openings (as best seen in figures 2 and 9) suitable for being crossed by the one or more fixing elements.
3. wherein the outer panel comprises a support frame (figures 1-9) joined to the outer panel, wherein the one or more fixing elements are fixed to the support frame, and wherein the printed sheet is anchored to the support frame by the one or more fixing elements.
5. A door rotatably anchorable to a piece of furniture, said door comprising: an outer panel (54) comprising a depiction or a decoration (46), a finishing support frame (35) (22) and/or an auxiliary finishing locking wall, one or more fixing elements (24, 30) being fixed onto said outer panel, the one or more fixing elements removably fixing the outer panel to the finishing locking wall and/or to the auxiliary finishing locking wall, said outer panel having a thickness lower than or equal to twenty-five millimeters (par 39 and 40).
Janke is silent to the material of the finishing support frame and the outer panel and therefore does not expressly disclose the finishing support is one of a thin metal sheet, an aluminum section bar, a plastic material, and a glass fiber or carbon fiber material and the outer panel made of one of stone, metal, stoneware, medium-density fiberboard (MDF), polyvinyl chloride (PVC), polyethylene terephthalate (PET), and glass. It would have been obvious to one having ordinary skill in the art at the time the invention was filed to make the finishing support frame from one of a thin metal sheet, an aluminum section bar, a plastic material, and a glass fiber or carbon fiber material and/or the outer panel from made of one of stone, metal, stoneware, medium-density fiberboard (MDF), polyvinyl chloride (PVC), polyethylene terephthalate (PET), and glass, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. See MPEP 2144.07
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent Publication2013/337220 to Janke in view of European Patent EP 176701 to Klein.
Janke discloses every element as claimed and discussed above except a lighting element. Klein teaches a light element (40) attached to a support producing light on a transparent outer panel (30). 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 door of Janke by adding lights as taught by Klein to change colors for aesthetic value.
Claim(s) 7 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent Publication2013/337220 to Janke in view of US Patent Publication 2014/223855 to Polidoros.
Janke disclose every element as claimed and discussed above except an elastic element.
Polidoros teaches
7/17. further comprising one or more finishing fixing openings (30) formed in the finishing locking wall and/or one or more auxiliary finishing fixing openings formed in the auxiliary finishing locking wall, wherein, at least one elastic element (46) is positioned behind the finishing locking wall and/or behind the auxiliary finishing locking wall, close to the one or more finishing fixing openings and/or the one or more auxiliary finishing fixing openings, the at least one elastic element being suitable for undergoing an elastic deformation and snap-fix the one or more fixing elements (40), optionally the one or more fixing elements being a nail or a screw (40), so that the nail or the screw is prevented from translating along a direction perpendicular to an insertion direction of the nail or of the screw in the finishing fixing openings or auxiliary finishing fixing openings.
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 door of Janke by replacing or adding fixing elements with springs that are perpendicular to the direction of insertion as taught by Polidoros as functional equivalent method for replacing an insert with hidden toolless fasteners.
Claim(s) 8, 11, 13, and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent Publication2013/337220 to Janke in view of US Patent Publication 2017/0238701 to Ryner.
Janke discloses every element as claimed and discussed above except the details of furniture structure.
Ryner teaches
8. A piece of furniture, comprising at least two modular units (figures 1-4), each modular unit of said two modular units comprising: a bottom panel (95,96), a right panel (41), and a left panel (73), made of a thin metal sheet and coupled to one another defining an open box-shaped inner cavity, each of said right and left panels comprising an inner panel face, facing the inner cavity, and an outer panel face, not facing the inner cavity and extending mainly according to a first extension direction (X) and a second extension direction (Y) perpendicular to the first extension direction and extending much less in a third extension direction (Z) perpendicular to the first and second extension directions, having a small thickness in the third extension direction, wherein each of said right and left panels comprises at least one upper panel edge and a lower panel edge that delimit an extension of the panel along the first extension direction, wherein, close to said upper and lower panel edges, each panel comprises a fold of the metal sheet comprising a locking wall (32) extending along the first extension direction much less than the extension of the entire panel along the first extension direction and being spaced apart from the outer panel face, fixing openings (30,31) being formed on said locking wall for removably fixing an equal modular unit, wherein the at least two modular units are joined to each other by module fixing elements inserted into one or more of the fixing openings and/or auxiliary fixing openings of each of said at least two modular units, and wherein said piece of furniture comprises at least one door (7) rotatably anchored to at least one of the two modular units (1, 1A).
11. wherein the fixing openings and the auxiliary fixing openings are eyelets (35, figure 5) comprising a reduced section region compared to a normal section region to allow a head of a screw or of a nail to pass from the normal section region and prevent the screw or the nail from exiting the reduced section region.
13. wherein the at least one elastic element comprises an elastic element eyelet having a reduced section region compared to a normal section region to allow the head of the screw or of the nail to pass from the normal section region of the elastic element eyelet and prevent the screw or the nail from exiting the reduced section region of the elastic element eyelet.
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 assembly of Janke to use with the funrture carcass structure as taught by Ryner to allow for a modular system.
Allowable Subject Matter
Claims 9, 10, 12, and 14 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, 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 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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/TIMOTHY M AYRES/ Examiner, Art Unit 3637