Notice of Pre-AIA or AIA Status
This is a first office action on the merits of application SN 18/392,783 and filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Interpretation
Claim 1, 21, and 22 are considered to be directed to a system that does not include the storage structure and compartments. Therefore, the recitation of the storage structure, compartments, and slides is considered to be a recitation of the intended use of the claimed invention which must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
Claim Rejections - 35 USC § 112
Claims 1-32 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.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 1, 27, 21, and 32 recites the broad recitation “N aligned sliding bars” and “N-1 sliding bars”, and the claim also recites “a first sliding bar and a second sliding bar” which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
Claim 27 recites the limitation "a track" in line 4. There is insufficient antecedent basis for this limitation in the claim. It is unclear if this is same of different than the track recites in claim 22 and if it includes the track features recited before.
Claim 27 recites the limitation "a plurality of cammed levers" in line 5. There is insufficient antecedent basis for this limitation in the claim. It is unclear if this is same of different than the cammed levers recited in claim 22 and if it includes the cammed lever features recited before.
Claim 27 recites the limitation "N number of alignable sliding bars" in line 8. There is insufficient antecedent basis for this limitation in the claim. It is unclear if this is same of different than the sliding bars recited in claim 21 and if it includes the sliding bar features recited before.
Claim 31 recites the limitation "a track" in line 4. There is insufficient antecedent basis for this limitation in the claim. It is unclear if this is same of different than the track recites in claim 21 and if it includes the track features recited before.
Claim 31 recites the limitation "a plurality of cammed levers" in line 5. There is insufficient antecedent basis for this limitation in the claim. It is unclear if this is same of different than the cammed levers recited in claim 21 and if it includes the cammed lever features recited before.
Claim 31 recites the limitation "N number of alignable sliding bars" in line 7. There is insufficient antecedent basis for this limitation in the claim. It is unclear if this is same of different than the sliding bars recited in claim 21 and if it includes the sliding bar features recited before.
Claim 32 recites the limitation "a track" in line 4. There is insufficient antecedent basis for this limitation in the claim. It is unclear if this is same of different than the track recites in claim 1 and if it includes the track features recited before.
Claim 32 recites the limitation "a plurality of cammed levers" in line 7. There is insufficient antecedent basis for this limitation in the claim. It is unclear if this is same of different than the cammed levers recited in claim 1 and if it includes the cammed lever features recited before.
Claim 32 recites the limitation "N number of alignable sliding bars" in line 9. There is insufficient antecedent basis for this limitation in the claim. It is unclear if this is same of different than the sliding bars recited in claim 1 and if it includes the sliding bar features recited before.
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) 1-32 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent 10,145,149 to Westwinkel.
Westwinkel teaches as best understood due the 112 rejection above
1. A tamper resistant anti-tip system for use in a storage structure and configured for secure attachment to an interior sidewall (401,402) of the storage structure (4), the storage structure having 2 or more retractable compartments comprising a first retractable compartment (80) and a second retractable compartment (84), the system comprising: when installed in the storage structure, a single piece assembly, comprising:" a closed track (70,72) configured for attachment to an interior sidewall of the storage structure, " a stack (50,60) of at least N aligned sliding bars comprising at least N-1 sliding bars configured to slide along the track when installed in the storage structure, the stack of at least N sliding bars comprising a first sliding bar (50) associated for selective opening and closing operation with the first retractable compartment and a second sliding bar (60) associated for selective opening and closing operation with the second retractable compartment, " a sliding bar segment configured to slide along the track between a fixed first plug (74) and a second plug (79) moving with the sliding bar segment, the sliding bar segment moving with the second plug to open a gap (G) when all of the retractable compartments are closed, " the system configured to allow displacement of one or more of the aligned sliding bars along the track limited to a displacement distance defined by the gap between the fixed first plug and the second plug when all of the retractable compartments are closed, and the gap is closed when one of the storage compartments is opened, and " when the single piece assembly is installed, each of the retractable storage compartments operates for opening and closing movement along retractable slides (1), each slide defining a first linear wall (Figure 1a-1c) having a riser extending outwardly from the first linear wall and outwardly in parallel along the track, the gap being defined by a displacement distance comprising a displacement increment corresponding to the distance between a top of the first linear wall and a top of the riser (As best seen in figures 1a-1c).
2. wherein the first sliding bar comprises a first levered cam (10) mounted on the first sliding bar moving between a closed position when the first storage compartment is closed and an open position when the first storage compartment is open, a second levered cam (10’, 10b) mounted on the second sliding bar moving between a closed position when the second storage compartment is closed and an open position when the second storage compartment is open, when the second levered cam is moved toward the open position and the gap is closed when the second levered cam is in the open position, and the first levered cam is displaced toward the fixed first plug to close the gap (as best seen in figures 1a-1c).
3. each levered cam having an extended tip (16) of sufficient length to abut against a leading edge of a corresponding retractable slide when the corresponding storage compartment is in the closed position (as best seen in figure 4), when the first storage compartment is moved to the open position, the sliding bar segment is moved along the track toward the fixed first plug, and when the second storage compartment is moved to the open position, the first sliding bar segment is moved toward the first plug and the tip of the first levered cam remains engaged with the leading edge of the first slide mounted on the first storage compartment.
4. the fixed first plug is adjustable from the first position to vary the displacement distance of the gap to accommodate adjustments or manufacturing tolerances associated with the anti-tip system.
5. when installed, the system is secured to a mounting recess (Col 8, line 66- Col 9, line4; the system of Westwinkel is capable of being mounted in a recess; and the cabinet/sidewall is not considered to be positively claimed) defined on the interior sidewall of the storage structure without attachment to the storage compartments or the corresponding slides.
6. when the single piece assembly is installed in a storage structure and a storage compartment is removed, the corresponding levered cam is in the open position, and when the removed storage compartment is moved toward the storage structure for sliding reengagement of a first slide segment on the storage compartment with a corresponding second slide segment secured to an interior side wall of the storage structure, upon reengagement of the first slide segment with the second slide segment and when the removed storage compartment is returned to the closed position, the levered cam associated with the removed storage compartment is configured for manual reset movement from the open position to the closed position (as best seen in figures 1-6)
7. the track limiting movement of the stack of aligned sliding bars for sliding movement along a partially enclosed linear path between an installation position of the first plug at a first end of the track and a track stop at a second opposite end (as best seen in figure 3).
8. wherein the single piece assembly is configured for installation within a mounting recess (Col 8, line 66- Col 9, line4; the system of Westwinkel is capable of being mounted in a recess; and the cabinet/sidewall is not considered to be positively claimed) in the interior side wall of the storage structure, the single piece assembly having a mounting feature to secure the single piece assembly to the interior side wall.
9. wherein the single piece assembly is configured for use of a single fastener (11a,11b) to securely attach the track within a mounting recess (Col 8, line 66- Col 9, line4; the system of Westwinkel is capable of being mounted in a recess; and the cabinet/sidewall is not considered to be positively claimed) in the interior side wall of the storage structure, the stack of sliding bars configured for selective traveling along a linear path within the track between the first plug and a terminal sliding bar at a fixed position opposite an installation position of the first plug.
10. the second plug is biased (via spring 66) to move away from the first plug to establish the gap when the single piece assembly is installed in the storage structure and the storage compartments are in the closed position.
11. the second plug is biased (via spring 66) to move away from the first plug to establish the gap when the single piece assembly is installed in the storage structure and the storage compartments are in the closed position.
12. the second plug is biased (via spring 66) to move away from the first plug to establish the gap when the single piece assembly is installed in the storage structure and the storage compartments are in the closed position.
13. the second plug is biased (via spring 66) to move away from the first plug to establish the gap when the single piece assembly is installed in the storage structure and the storage compartments are in the closed position.
14. the second plug is biased (via spring 66) to move away from the first plug to establish the gap when the single piece assembly is installed in the storage structure and the storage compartments are in the closed position.
15. the second plug is biased (via spring 66) to move away from the first plug to establish the gap when the single piece assembly is installed in the storage structure and the storage compartments are in the closed position.
16. the second plug is biased (via spring 66) to move away from the first plug to establish the gap when the single piece assembly is installed in the storage structure and the storage compartments are in the closed position.
17. the second plug is biased (via spring 66) to move away from the first plug to establish the gap when the single piece assembly is installed in the storage structure and the storage compartments are in the closed position.
18. the second plug is biased (via spring 66) to move away from the first plug to establish the gap when the single piece assembly is installed in the storage structure and the storage compartments are in the closed position.
19. A storage structure comprising the tamper resistant anti-tip system of claim 1, the stack of sliding bars configured for selective sliding movement along a linear path within the track between an installation position of the first plug and a terminal sliding bar at a fixed position opposite the first plug (as best seen in figure 4-6).
20. when the system is installed in a storage structure (4) and a storage compartment (80,84) is removed, the corresponding levered cam is in the open position, and when the removed storage compartment is moved toward the storage structure for sliding reengagement of a first slide segment on the storage compartment with a corresponding second slide segment secured to an interior side wall of the storage structure, the reengagement of the first slide segment comprising a first step of moving a distal end of the second slide segment parallel to the track and to engage a roller or a glide on the first slide segment within the second slide segment, and a second step of sliding the first slide segment within the second slide segment, and when the removed storage compartment is returned to the closed position, the levered cam associated with the removed storage compartment is moved from the open position to the closed position so that the system is in the closed position.
21. A tamper resistant anti-tip system configured as a single piece assembly for installation and use in a storage structure and configured for secure attachment: (a) within a mounting recess in an interior sidewall of the storage structure or (b) on a surface portion of the interior side wall (401,402) of the storage structure, the storage structure having 2 or more retractable compartments comprising a first retractable compartment (80) and a second retractable compartment (84), the single piece assembly comprising: a track (70,72) configured for secure attachment to the inside side wall of the storage structure, a stack of aligned sliding bars (50,60) configured to slide along the track when installed in the storage structure, the stack of sliding bars comprising a first sliding bar (50) interacting with a first cammed lever (10) associated for selective opening and closing operation with the first retractable compartment and a second sliding bar (60) interacting with a second cammed lever associated for selective opening and closing operation with the second retractable compartment, a sliding bar segment acting against the first sliding bar when the single piece assembly is installed and all of the retractable compartments are closed, the sliding bar segment configured to slide along the track to close a gap (G) defined between a first plug (74) and a second plug (79) when the first cammed lever is activated by an outwardly projecting activation contact comprising a leading edge profile (16) moving along with the first retractable compartment toward an open position, the first plug being secured at a first closed end of the track and the second plug being biased (via spring 66) to separate the second plug and the stack of sliding bars from the first plug to abut against a second closed end of the track and to form a gap (G) between the first plug and the second plug when all of the retractable compartments are closed, the single piece assembly configured to allow displacement of one or more of the aligned sliding bars along the track limited to a displacement distance defined by the gap between the first plug and the second plug when installed in the storage structure and all of the retractable compartments are closed, and the gap is closed when one of the retractable compartments is opened, the leading edge slide profile defining a height equal to the displacement distance, a corresponding sliding bar acted upon by an activated cammed lever is configured to be associated with the retractable compartment when the single piece assembly is installed in the storage structure, when the compartment is opened, a cammed lever associated with the retractable compartment and moving to the open position when the retractable compartment is opened, and the retractable compartment may be withdrawn from the storage structure, the cammed lever remaining in the open position when the retractable compartment is withdrawn, the gap is compressed when the retractable compartment is withdrawn or open, and the other sliding bars are inhibited against moving within the track to prevent opening of the closed retractable compartments (as best seen in figures 1-6).
22. A tamper resistant anti-tip system configured as a single piece assembly for installation and use in a storage structure (4) and configured for secure attachment within a mounting recess in, or on a surface portion of, an interior sidewall (401,402) of the storage structure, the storage structure comprising a first retractable compartment (80) and a second retractable compartment (84), the single piece assembly comprising: a partially enclosed track (70,72) configured for secure attachment to the interior side wall, the track being closed at a first end and at a second end opposite the first end (via the bottom and top wall as best seen in figure 3), a stack of aligned sliding bars (50,60) configured to slide within the track when installed in the storage structure, the stack of sliding bars comprising a first sliding bar (50) associated for selective opening and closing operation with the first retractable compartment and a second sliding bar (60) associated for selective opening and closing operation with the second retractable compartment, a first sliding bar segment abutting against the first sliding bar, the first sliding bar segment configured to slide along the track across a gap (G) between a first plug (74) and a second plug (79), the first plug being adjustably secured adjacent a first closed end of the track and the second plug being biased (via spring 66) to separate the second plug from the first plug and to move the stack of sliding bars toward abutting relation against a second closed end of the track, the single piece assembly being configured to allow displacement of one or more of the aligned sliding bars along the track limited to a displacement distance defined by the gap between the first plug and the second plug when the single piece assembly is installed and all of the retractable compartments are closed, and the gap is closed when one of the storage compartments is opened, and the gap being defined by a displacement distance comprising a displacement increment corresponding to the distance between a top of the first linear wall and a riser on a first drawer slide profile (as best seen in figures 1a-1c).
23. the single piece assembly is secured within the mounting recess with a fastener (11a,11b) when the fastener is located at a selected engagement position along a range of selectable engagement positions defined at the mounting recess (Col 8, line 66- Col 9, line4; the system of Westwinkel is capable of being mounted in a recess; and the cabinet/sidewall is not considered to be positively claimed).
24. the stack of sliding bars configured for selective sliding movement along a linear path within the track between an adjustable installation position of the first plug and a closed opposite end of the track, an adjustable feature (Col 6. Lines 54-56) for moving the position of the single piece assembly to a selected position within a range of selectable positions defined along the mounting recess.
25. the stack of sliding bars configured for selective sliding movement along a linear path within the track between an adjustable installation position of the first plug and a closed opposite end of the track, an adjustable feature (Col 6. Lines 54-56) for moving the position of the single piece assembly to a selected position within a range of selectable positions defined along the mounting recess.
26. the stack of sliding bars configured for selective sliding movement along a linear path within the track between an installation position of the first plug and a fixed position opposite the first plug, the gap being adjustable by operating a top plug locating feature acting on the position of the first plug (as best seen in figure 3).
27. A kit (Col 9, lines 5-31) for manufacturing the tamper resistant anti-tip system configured as a single piece assembly as claimed in claim 22, the kit comprising a group of components selected from the group consisting of: a track selected from a range of track components of varying lengths and configurations, a plurality of cammed levers selected from a range of cammed lever components of varying lengths and sizes, the plurality of cammed levers corresponding to the number of retractable storage compartments in a customer specification for a specified storage structure, N number of alignable sliding bars comprising N-1 number of sliding bars which are configured to slide along the track when installed within the track of the single piece assembly, the sliding bars being selectable within a range of configurations and sizes; the first plug and the second plug selected to slide along the track and to interact with one of the selected cammed levers when activated by an opening retractable storage compartment, when installed in a storage unit, and a mounting feature for securing the single piece assembly within the mounting recess of the storage structure, when the single piece assembly is installed.
28. comprising a leading edge feature selected from the group of leading edge features consisting of (i) dummy drawer slides and (ii) paired pins to define a leading edge for a selected number of storage compartments, for installation on the selected number of storage compartments and for activation of the single piece assembly during opening and closing of one of the storage compartments identified in a customer specification for a specified storage structure.
29. comprising an adjustable locating feature for positioning the single piece assembly, in a selectable location along the mounting recess, during installation of the single piece assembly in the storage structure.
30. the outwardly projecting activation contact is selected from a group consisting of a pin, flange, bracket, and an add-on abutment structure, provided to create a leading edge for an associated storage compartment.
31. A kit (Col 9, lines 5-31) for manufacturing the tamper resistant anti-tip system configured as a single piece assembly as claimed in claim 21, the kit comprising a group of components selected from the group consisting of: a track selected from a range of track components of varying lengths and configurations, a plurality of cammed levers selected from a range of cammed lever components of varying lengths and sizes, at least N number of alignable sliding bars comprising at least N-1 number of sliding bars which are configured to slide along the track when installed within the track of the single piece assembly, the sliding bars being selectable within a range of configurations and sizes; the first plug and the sliding bar segment are selected to slide along the track and to interact with one of the selected cammed levers when activated by an opening retractable storage compartment, when installed in the storage structure, and a mounting feature for securing the single piece assembly to the storage structure, when the single piece assembly is installed.
32. A kit (Col 9, lines 5-31) for manufacturing the tamper resistant anti-tip system comprising the single piece assembly as claimed in claim 1, the kit comprising a group of components selected from the group consisting of: a track selected from a range of track components of varying lengths and configurations, the track interacting with a mounting feature on the storage structure for securing the single piece assembly to the storage structure, when the single piece assembly is installed, a plurality of cammed levers selected from a range of cammed lever components of varying lengths and sizes, at least N number of alignable sliding bars comprising at least N-1 number of sliding bars which are configured to slide along the track when installed within the track of the single piece assembly, the sliding bars are selected from a range of configurations and sizes, and the first plug being fixed at a first end of the track, the sliding bar segment and the second plug are selected to slide along the track and to interact with one of the selected cammed levers when the one of the selected cammed levers is activated by an opening retractable storage compartment, when the single piece assembly is installed in the storage structure.
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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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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/TIMOTHY M AYRES/Examiner, Art Unit 3637