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 Objections
Claim 7 objected to because of the following informalities: In line 5, the recitation “approximate” should be “proximate”.
Claim 17 objected to because of the following informalities: In line 5, the recitation “approximate” should be “proximate”.
Appropriate correction is required.
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 and 6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by DE 20 2021 103 742 U1 (Häfele SE & Co KG).
With respect to claim 1: Häfele SE & Co KG discloses an apparatus (system 1) forming a cabinet (cabinet body 2), the apparatus comprising: a chassis (at least body side walls 3a-3c; traverses 7a-7b; and vertical central spars 12), wherein the chassis is metallic (1st page of translation: “Several rectangular body side walls made of metal” and “several crossbars made of metal”) and forms a load bearing structure of the cabinet (said structures bear the load of items placed in and/or on cabinet body 2); a chassis member (one of horizontal frame bars 9; vertical frame bars 10; traverses 7a-7b; and vertical central spars 12), of a plurality of chassis members (horizontal frame bars 9; vertical frame bars 10; traverses 7a-7b; and vertical central spars 12) forming the chassis, wherein the chassis member is assembled to the chassis using one or more fasteners of the cabinet (at least the 3rd page of the translation discloses traverses 7a-7b screwed to side walls 3a-3c); a plurality of finishing members comprising an interior member (one or more of inner side panels 14; shelves 16; and “pull-out runners for drawers” @ 5th page of translation) assembled to an interior of the chassis and an exterior member (one or more of back panels 15; external side panels 17; doors, flaps, and drawers 18; and countertop 19) assembled to an exterior of the chassis; and a securing member (one or more of the screws 8) to affix the cabinet to a mounting rail (profile rail 6).
With respect to claim 6: Häfele SE & Co KG discloses a fastener (another one or more of the screws 8) providing tension between the mounting rail and the chassis to secure the cabinet to the mounting rail.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over DE 20 2021 103 742 U1 (Häfele SE & Co KG) as applied to claim 1 above, and further in view of US 2011/0011855 A1 (Han).
With respect to claim 4: Häfele SE & Co KG does not disclose “one or more corner frame plates to mount and align a trim member of the cabinet” as claimed.
Han discloses four fixing brackets 44 that connect frame members 42 to each other. The fixing brackets 44 are “one or more corner frame plates” as claimed. The frame members 42 is/are “a trim member of the cabinet” as claimed, in that they form the front and rear exposed surfaces of the cabinet (e.g., Figs. 1 and 5).
See Häfele SE & Co KG Figs. 3 and 4d. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Häfele SE & Co KG’s cabinet to have Han’s brackets 44 and frame members 42 attached to at least one of the compartment fronts, in order to provide an open-front compartment (like those in Han Fig(s). 1 and/or 5) instead of a compartment with a door or drawer front (like those in Häfele SE & Co KG Fig. 4d).
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over DE 20 2021 103 742 U1 (Häfele SE & Co KG) as applied to claim 1 above, and further in view of US 2013/0180202 A1 (Woods).
With respect to claim 5: Häfele SE & Co KG does not disclose “one or more panel clips of a finishing member of the plurality of finishing members, wherein the one or more panel clips removably affix the finishing member to the chassis” as claimed.
Woods’ faceplates 52 removably affix tiles 16 (a backsplash) to rails 14. Woods [0024] states that the tiles 16 may be aesthetic tiles 16a having a decorative covering.
See Häfele SE & Co KG Figs. 4c-4d. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Häfele SE & Co KG’s cabinet apparatus to have Woods’ tiles 16 secured to the profile rails 6 with Woods’ faceplates 52, in order to provide a decorative area (tiles 16a) between the upper and lower compartments of the system 1.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over DE 20 2021 103 742 U1 (Häfele SE & Co KG) as applied to claim 1 above, and further in view of US 10,271,652 B2 (Kilburn).
With respect to claim 8: Häfele SE & Co KG does not disclose “the mounting rail comprising a slot comprising a member thickness and a fastener thickness, wherein the fastener thickness is greater than the member thickness” as claimed.
Kilburn’s mounting rails 12A, 12B each define a slot comprising a member thickness (slot thickness through which bolt 64 passes in Fig. 9) and a fastener thickness (slot thickness accepting mounting bracket 14 in Fig. 9), wherein the fastener thickness is greater than the member thickness.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Häfele SE & Co KG’s system to have Kilburn’s rails 12A, 12B instead of the profile rails 6, because it is obvious to switch known, prior art, functional equivalents for each other.
Further, this provides the desirable feature of being able to slide the side walls 3a-3c of Häfele SE & Co KG into different positions to provide compartments of varying width.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over DE 20 2021 103 742 U1 (Häfele SE & Co KG) as applied to claim 1 above, and further in view of US 2011/0025180 A1 (Ilich).
With respect to claim 9: Häfele SE & Co KG does not disclose “a plurality of stud holes of the mounting rail, wherein a stud hole of the plurality of stud holes is sized for multiple screws” as claimed.
Ilich discloses rails 12 that have elongated openings 24 that are sized such that multiple fasteners 22 can fit in a single opening 24. This enables multiple rails 12 to be overlapped to create an overlapped opening 20 that joins two rails 12 together.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Häfele SE & Co KG’s profile rails 6 to have Ilich’s openings 24, in order to enable joining of multiple profile rails 6 according to Ilich’s methods.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over DE 20 2021 103 742 U1 (Häfele SE & Co KG) as applied to claim 1 above, and further in view of US 2021/0106135 A1 (Gullo).
With respect to claim 10: Häfele SE & Co KG discloses the plurality of finishing members comprising one or more of a countertop (countertop 19), a sink, and a backsplash.
Häfele SE & Co KG does not disclose “and a finishing member of the finishing members secured to the chassis with a magnet” as claimed.
Gullo discloses attaching covering (finishing) parts of a cabinet to a metallic frame using magnets.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Häfele SE & Co KG’s countertop 19 to be attached magnetically, in order to provide fast, easy, and tool-free attachment thereof.
Claim(s) 11, 15-16, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over DE 20 2021 103 742 U1 (Häfele SE & Co KG) in view of US 2013/0180202 A1 (Woods).
With respect to claim 11: By making the same combinations and modifications as in the rejection of claim 5 above, Häfele SE & Co KG in view of Woods meets and/or makes obvious a system (system 1, as modified) comprising: a mounting rail (one or more of the modified profile rails 6); a cabinet (cabinet body 2) affixed to the mounting rail (using screws 8); a backsplash (tiles 16) affixed to the mounting rail (using faceplates 52); the cabinet comprising: a chassis (at least body side walls 3a-3c; traverses 7a-7b; and vertical central spars 12), wherein the chassis is metallic (1st page of translation: “Several rectangular body side walls made of metal” and “several crossbars made of metal”) and forms a load bearing structure of the cabinet (said structures bear the load of items placed in and/or on cabinet body 2); a chassis member (one of the horizontal frame bars 9; vertical frame bars 10; traverses 7a-7b; and vertical central spars 12), of a plurality of chassis members (horizontal frame bars 9; vertical frame bars 10; traverses 7a-7b; and vertical central spars 12) forming the chassis, wherein the chassis member is assembled to the chassis using one or more fasteners of the cabinet (at least the 3rd page of the translation discloses traverses 7a-7b screwed to side walls 3a-3c); and a plurality of finishing members comprising an interior member (one or more of inner side panels 14; shelves 16; and “pull-out runners for drawers” @ 5th page of translation) assembled to an interior of the chassis and an exterior member (one or more of back panels 15; external side panels 17; doors, flaps, and drawers 18; and countertop 19) assembled to an exterior of the chassis.
With respect to claim 15: Häfele SE & Co KG, as modified, meets and/or makes obvious one or more panel clips (faceplates 52) of a finishing member of the plurality of finishing members (tiles 16, as applied to system 1), wherein the one or more panel clips removably affix the finishing member to the chassis.
With respect to claim 16: Häfele SE & Co KG discloses a fastener (another one or more of the screws 8) providing tension between the mounting rail and the chassis to secure the cabinet to the mounting rail.
With respect to claim 20: By making the same combinations and modifications as in the rejection of claim 5 above, Häfele SE & Co KG in view of Woods meets and/or makes obvious a method comprising: securing a mounting rail (the modified profile rail 6; “profile rail 6th , made of metal for horizontal attachment to a wall, which has a first profile section 6a for installation and attachment to the wall” @ 3rd page of translation); securing a backsplash (tiles 16) to the mounting rail (using faceplates 52 similarly to Woods’ disclosure); and securing a cabinet (cabinet body 2) to the mounting rail (3rd page of the translation discloses profile section 6b of rail 6 securing to hanging cutouts 4 of side walls 3a-3c), wherein the cabinet comprises: a chassis (at least body side walls 3a-3c; traverses 7a-7b; and vertical central spars 12), wherein the chassis is metallic (1st page of translation: “Several rectangular body side walls made of metal” and “several crossbars made of metal”) and forms a load bearing structure of the cabinet (said structures bear the load of items placed in and/or on cabinet body 2); a chassis member (one of the horizontal frame bars 9; vertical frame bars 10; traverses 7a-7b; and vertical central spars 12), of a plurality of chassis members (horizontal frame bars 9; vertical frame bars 10; traverses 7a-7b; and vertical central spars 12) forming the chassis, wherein the chassis member is assembled to the chassis using one or more fasteners of the cabinet (at least the 3rd page of the translation discloses traverses 7a-7b screwed to side walls 3a-3c); and a plurality of finishing members comprising an interior member (one or more of inner side panels 14; shelves 16; and “pull-out runners for drawers” @ 5th page of translation) assembled to an interior of the chassis and an exterior member (one or more of back panels 15; external side panels 17; doors, flaps, and drawers 18; and countertop 19) assembled to an exterior of the chassis.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over DE 20 2021 103 742 U1 (Häfele SE & Co KG) in view of US 2013/0180202 A1 (Woods) as applied to claim 11 above, and further in view of US 2011/0011855 A1 (Han).
With respect to claim 14: Häfele SE & Co KG does not disclose “one or more corner frame plates to mount and align a trim member of the cabinet” as claimed.
Han discloses four fixing brackets 44 that connect frame members 42 to each other. The fixing brackets 44 are “one or more corner frame plates” as claimed. The frame members 42 is/are “a trim member of the cabinet” as claimed, in that they form the front and rear exposed surfaces of the cabinet (e.g., Figs. 1 and 5).
See Häfele SE & Co KG Figs. 3 and 4d. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Häfele SE & Co KG’s cabinet to have Han’s brackets 44 and frame members 42 attached to at least one of the compartment fronts, in order to provide an open-front compartment (like those in Han Fig(s). 1 and/or 5) instead of a compartment with a door or drawer front (like those in Häfele SE & Co KG Fig. 4d).
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over DE 20 2021 103 742 U1 (Häfele SE & Co KG) in view of US 2013/0180202 A1 (Woods) as applied to claim 11 above, and further in view of US 10,271,652 B2 (Kilburn).
With respect to claim 18: Häfele SE & Co KG does not disclose “the mounting rail comprising a slot comprising a member thickness and a fastener thickness, wherein the fastener thickness is greater than the member thickness” as claimed.
Kilburn’s mounting rails 12A, 12B each define a slot comprising a member thickness (slot thickness through which bolt 64 passes in Fig. 9) and a fastener thickness (slot thickness accepting mounting bracket 14 in Fig. 9), wherein the fastener thickness is greater than the member thickness.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Häfele SE & Co KG’s system to have Kilburn’s rails 12A, 12B instead of the profile rails 6, because it is obvious to switch known, prior art, functional equivalents for each other.
Further, this provides the desirable feature of being able to slide the side walls 3a-3c of Häfele SE & Co KG into different positions to provide compartments of varying width.
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over DE 20 2021 103 742 U1 (Häfele SE & Co KG) in view of US 2013/0180202 A1 (Woods) as applied to claim 11 above, and further in view of US 2011/0025180 A1 (Ilich).
With respect to claim 19: Häfele SE & Co KG does not disclose “a plurality of stud holes of the mounting rail, wherein a stud hole of the plurality of stud holes is sized for multiple screws” as claimed.
Ilich discloses rails 12 that have elongated openings 24 that are sized such that multiple fasteners 22 can fit in a single opening 24. This enables multiple rails 12 to be overlapped to create an overlapped opening 20 that joins two rails 12 together.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Häfele SE & Co KG’s profile rails 6 to have Ilich’s openings 24, in order to enable joining of multiple profile rails 6 according to Ilich’s methods.
Allowable Subject Matter
Claims 2-3, 7, 12-13, and 17 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW ROERSMA whose telephone number is (571)270-3185. The examiner can normally be reached M-F 8:00-4:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Daniel Troy can be reached on 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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/ANDREW ROERSMA/Primary Examiner, Art Unit 3637