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 .
This Final Office action is in response to the Amendment filed on 8/3/2026.
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 24-25 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.
In each of claims 24 and 25, the limitations “at each longitudinal end of the rail, ends of the bent metal sheet are flush with each other” fails to clearly define the metes and bounds of the claimed invention, thus renders the claims indefinite. More specifically, it is not clear how a longitudinal end of the rail would have more than one end, and how these ends are flush with each other. Clarification or correction is required. For the purpose of this examination, claims 24-25 will be examined as best understood or so far as definite.
Claim Objections
Claim 12 is objected to because of the following informalities: last line “taper,.” Should be “taper.”. Appropriate correction is required.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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.
Claim(s) 1-2, 5-6, 10-12, 15, 18, and 20-25 is/are rejected under 35 U.S.C. 103 as being unpatentable over DE 102011001751 to Urban et al (hereinafter Urban) in view of WO 2009/009626 to Spielman and USP 10314398 to Bowman et al (hereinafter Bowman).
Urban discloses (Claim 1). A method for producing a rail 1 for a drawer pull-out guide, the method comprising: providing a flat metal sheet having a longitudinal extent, a top surface, a bottom surface, and two lateral surfaces spaced apart by a width of the metal sheet as a semifinished product of the rail, bending the metal sheet such that, in a cross section orthogonal to the longitudinal extent, a profile of the rail is formed (Figs. 7-10: step 101); punching the profile into individual rails for the drawer pull-out guide; (Claim 15). The drawer pull-out guide according to claim 12, wherein the at least one carcass rail or the at least one drawer rail is folded in a region of at least one profile surface of the profile to form a fold (see attached annotated Fig. 6).
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The differences being that Urban fails to clearly disclose the limitations in (i) claim 1 of wherein the metal sheet has a wall thickness in the range of 0.5 mm to 1.5 mm; (ii) claim 1 of after the providing of the metal sheet, forming at least one indentation at each of opposite longitudinal end surfaces of the profile, the at least one indentation being formed on at least one of the top and bottom surfaces, wherein the at least one indentation is arranged transverse to the longitudinal extent; after the forming of the at least one indentation, bending the metal sheet such that, in a cross section orthogonal to the longitudinal extent, a profile of the rail is formed; and after the bending of the metal sheet, snapping off the bent metal sheet in a region of the at least one indentation at both longitudinal end surfaces of the bent profile to form the rail for the drawer pull-out guide; (iii) claim 2; (iv) claim 5; (v) claim 6; (vi) claims 10-11; (vii) claim 12; (viii) claim 18; (ix) claims 20, 22-23; (x) claim 21; (xi) claims 24-25; and (xii) the method steps.
Regarding (i), (v) claim 6, (vii) claim 12 and (ix) claims 20, 22-23, Bowman discloses a drawer pull-out guide 1 for movably mounting a drawer on a furniture carcass, comprising at least one carcass rail 2 to be fastened to the furniture carcass and at least one drawer rail 3, which is mounted displaceable relative to the at least one carcass rail 2 in a longitudinal direction, to be connected to the drawer, wherein the at least one carcass rail and/or the at least one drawer rail, in a cross section orthogonal to the longitudinal direction, has a profile formed out of at least one flat metal sheet; wherein the metal sheet has a wall thickness in the range of 0.5 mm to 2.0 mm (col. 2, lines 31-36), the metal sheet is provided, preferably by at least one embossing and/or at least one embossing 15; wherein the profile has at least one embossing 15, preferably oriented orthogonally on the longitudinal extent of the metal sheet, for reinforcing the profile, wherein it is preferably provided that the at least one embossing extends over at least two substantially orthogonal surfaces of the profile, a foldover (see attached annotated Fig. 3) provided at at least one of two lateral surfaces.
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Regarding (ii), (iii) claim 2, (iv) claim 5 and (x) claim 21, Spielman discloses a method for producing a rail, the method comprising: providing a flat sheet having a longitudinal extent, a top surface, a bottom surface, and two lateral surfaces spaced apart by a width of the metal sheet; after the providing of the metal sheet, forming at least one indentation 112 at each of opposite longitudinal end surfaces of the flat sheet, the at least one indentation being formed on at least one of the top and bottom surfaces, wherein the at least one indentation is arranged transverse to the longitudinal extent; after the forming of the at least one indentation, bending the metal sheet such that, in cross section orthogonal to the longitudinal extent, a profile of the rail is formed; and after the bending of the metal sheet, snapping off, by cracking and splitting, the bent metal sheet in a region of the at least one indentation at both longitudinal end surfaces of the bent profile to form the rail, wherein at each longitudinal end surfaces of the profile, the at least one indentation connects the two lateral surfaces of the metal sheet.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention, in view of Bowman and Spielman, to modify Urban to include the limitations in (i) claim 1 of wherein the metal sheet has a wall thickness in the range of 0.5 mm to 1.5 mm; (ii) claim 1 of after the providing of the metal sheet, forming at least one indentation at each of opposite longitudinal end surfaces of the profile, the at least one indentation being formed on at least one of the top and bottom surfaces, wherein the at least one indentation is arranged transverse to the longitudinal extent; after the forming of the at least one indentation, bending the metal sheet such that, in a cross section orthogonal to the longitudinal extent, a profile of the rail is formed; and after the bending of the metal sheet, snapping off the bent metal sheet in a region of the at least one indentation at both longitudinal end surfaces of the bent profile to form the rail for the drawer pull-out guide; (iii) claim 2 of wherein at each longitudinal end surface of the profile, the at least one indentation connects the two lateral surfaces of the metal sheet; (iv) claim 5 of wherein the snapping off of the bent metal sheet includes breaking the bent metal sheet in the region of the at least one indentation at both longitudinal end surfaces of the bent profile without a separating cut, without punching and without cutting scrap, and wherein the at least one indentation is utilized as a predetermined breaking point while breaking the bent metal sheet; (v) claim 6 of wherein the metal sheet has a wall thickness in the range of 0.6 mm to 0.8 mm; (vii) claim 12 of a drawer pull-out guide for movably mounting a drawer on a furniture carcass, comprising: at least one carcass rail to be fastened to the furniture carcass; and at least one drawer rail, which is mounted so as to be displaceable relative to the at least one carcass rail in a longitudinal direction, and which is to be connected to the drawer, wherein the at least one carcass rail or the at least one drawer rail is produced using the method according to claim 1, and in a cross section orthogonal to the longitudinal direction, has the profile formed out of the flat metal sheet, wherein the bent metal sheet is snapped off at both longitudinal end surfaces of the profile, and wherein both of the longitudinal end surfaces of the profile of the at least one carcass rail or of the at least one drawer rail are formed with a taper; (ix) claims 20, 22-23: claim 20 of wherein the profile has at least one embossing for reinforcing the profile, and: the at least one embossing extends over at least two substantially orthogonal surfaces of the profile; claim 22 of further comprising: after the forming of the at least one indentation, folding the metal sheet in a region which includes at least one of the two lateral surfaces to form a foldover, wherein the profile has at least one embossing for reinforcing the profile; claim 23 of wherein the profile of the at least one carcass rail or of the at least one drawer rail has a foldover formed by folding the metal sheet in a region which includes at least one of the two lateral surfaces, and has at least one embossing for reinforcing the profile; (x) claim 21 of wherein the snapping off of the bent metal sheet comprises cracking and splitting the bent metal sheet in the region of the at least one indentation at both longitudinal end surfaces of the bent profile to form the rail for the drawer pull-out guide with a reasonable expectation of success in order to increase the overall versatility of the drawer pull-out guide.
Regarding (vi) claims 10-11; (viii) claim 18; and (xi) claims 24-25, since Urban, as modified, discloses providing the component part with multiple indentations, it would have been obvious and well within the level of one skilled in the art before the effective filing date of the claimed invention to modify Urban, as modified, to include the limitations in Claim 10 of wherein the forming of the at least one indentation comprises, at each longitudinal end surface of the profile, forming exactly four indentations arranged as two pairs on the top and bottom surfaces, each pair including a first indentation arranged on the top surface and a second indentation arranged on the bottom surface and lying opposite the first indentation, and wherein the snaping off of the bent metal sheet includes, at each longitudinal end surface of the bent profile, snapping the bent metal sheet twice via the two pairs of indentations so as to form the rail; Claim 11 of wherein the forming of the at least one indentation comprises, at longitudinal end surface of the profile, forming a plurality of indentations arranged in pairs on the top and bottom surfaces of the metal sheet, each pair of indentations including a first indentation arranged on the top surface and a second indentation arranged on the bottom surface and lying in opposite the first indentation, and the snapping off of the bent metal sheet comprises, at each longitudinal end surface of the bent profile, snapping off a plurality of portions of the bent metal sheet so as to form a plurality of rails; Claim 18 of wherein the forming of the at least one indentation comprises, at each longitudinal end surface of the profile, forming a plurality of indentations, and the snapping off of the bent metal sheet includes snapping off a plurality of portions of the bent metal sheet so as to form a plurality of rails for drawer pull-out guides from the same semifinished product; claim 24 of wherein the snapping off the bent metal includes snapping off the bent metal sheet in the region of the at least one indentation at both longitudinal end surfaces of the bent profile to form the rail such that at each longitudinal end of the rail, ends of the bent metal sheet are flush with each other; claim 25 of wherein at each longitudinal end of the rail, ends of the bent metal sheet are flush with each other with a reasonable expectation of success in order to increase the overall versatility as well as strength of the drawer pull-out guide.
Regarding (xii) the method steps recited in the claims, since Urban, as modified, discloses all the structural elements recited in the claims, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention that Urban, as modified, would be able to perform the method steps recited therein with a reasonable expectation of success in order to increase the overall versatility of the drawer pull-out guide.
Claim(s) 3-4, 8-9, 13, 16, and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Urban, as modified, as applied to claim 1 above, and further in view of DE 102007018927 to Schmidtke.
Urban, as modified, discloses all the elements as discussed above except for the limitations recited in the above listed claims.
However, Schmidtke discloses a method for producing at least one component part (pipe and profile sections are needed in the automotive, furniture, plumping and heating and cooling industry), comprising: a flat metallic sheet with a longitudinal extent, the metal sheet is provided at least one indentation on the top and bottom surfaces, wherein the at least one indentation is arranged transverse to the longitudinal extent; wherein the sheet comprises with two indentations lying opposite one another, lying one above the other orthogonally in one direction; wherein the bent metal sheet is mechanically separated, preferably snapped, particularly preferably cracked and split, in the region of the at least one indentation; wherein the at least one component part is formed with a substantially burr-free taper on at least one, preferably two, end surfaces of the profile, wherein it is preferably provided that the taper has a taper cross section parallel to the longitudinal extent of the metal sheet substantially in the shape of a, preferably isosceles, triangle, wherein the taper cross section is particularly preferably formed convex and/or concave; wherein the bent metal sheet, in the region of the at least one indentation, is broken without a separating cut, without punching and without cutting scrap, wherein the at least one indentation is utilized as a predetermined breaking point while cracking the bent metal sheet, wherein it is preferably provided that the at least one component part is formed without postprocessing; wherein the at least one indentation is introduced into the metal sheet in the shape of a groove or a profiling with an opening angle in the range between 40° and 140°, preferably between 75° and 105°, particularly preferably of substantially 90; wherein the at least one indentation has a notch cross section parallel to the longitudinal extent of the metal sheet in the shape of a triangle, a trapezoid, a segment of an ellipse and/or a segment of a circle; wherein the metal sheet is provided with a plurality of indentations arranged in pairs on the two top surfaces and then a plurality of component parts are mechanically snapped off; wherein the taper includes an angle in the range between 60° and 140°, preferably between 75° and 105°, particularly preferably of substantially 90°, wherein it is preferably provided that at least one, preferably both, end surfaces are formed substantially burr-free; wherein the at least one taper has a taper cross section parallel to the longitudinal extent of the metal sheet substantially in the shape of a, preferably isosceles, triangle, wherein it is preferably provided that the taper cross section is formed convex and/or concave.
Therefore, it would have been obvious and well within the level of one skilled in the art before the effective filing date of the claimed invention, in view of Schmidtke, to modify Urban, as modified, to include the limitations in claim 3 of wherein the forming of the at least one indentation comprises, at each longitudinal end surface of the profile, forming a first indentation on the top surface of the metal sheet and forming a second indentation on the bottom surface of the metal sheet such that the first and second indentations are arranged one above the other, and in the snapping off of the bent metal sheet, the bent metal sheet is snapped off at the first and second indentations at both longitudinal end surfaces of the bent profile; claim 4 of wherein the rail is formed with a substantially burr-free taper on at least one end surface of the profile; claim 8 of wherein at each longitudinal end surface of the profile, the at least one indentation is introduced into the metal sheet in the shape of a groove or a profiling with an opening angle in the range between 40o and 140o; claim 9 of wherein at each longitudinal end surface of the profile, the at least one indentation has a notch cross section parallel to the longitudinal extent of the metal sheet in the shape of a triangle, a trapezoid, a segment of an ellipse or a segment of a circle; claim 13 of wherein each taper includes an angle in the range between 60o and 140o; claim 14 of wherein the at least one carcass rail or the at least one drawer rail has at least one fastening portion with a fastening side which is configured to be brought to rest at least partially against the furniture carcass or the drawer, wherein the at least one fastening portion has at least one opening for a fastening means to pass through, and wherein the at least one opening, on a second side spaced apart from the fastening side by a material thickness of the fastening portion, is surrounded by a ridge which protrudes transversely from the second side; claim 16 of wherein each taper has a taper cross section parallel to the longitudinal extent of the metal sheet substantially in the shape of a triangle; claim 19 of wherein the taper has a taper cross section which is parallel to the longitudinal extent of the metal sheet, and which is substantially in the shape of an isosceles triangle or is formed convex or concave with a reasonable expectation of success in order to increase the overall versatility as well as strength of the drawer pull-out guide.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Urban, as modified, as applied to claim 12 above, and further in view of AT 508160 (hereinafter AT ‘160).
Urban, as modified, discloses all the elements as discussed above except for the limitations recited in claim 14.
However, AT ‘160 discloses a drawer pull-out guide for movably mounting a drawer on a furniture carcass, comprising: a carcass rail; wherein the carcass rail has at least one fastening portion with a fastening side which, during installation on the furniture carcass or at least one furniture part, can be brought to rest against the furniture carcass or the at least one furniture part at least in portions, wherein the at least one fastening portion has at least one, preferably circular, opening 6 for a fastening means, preferably a screw, to pass through, wherein the at least one opening 6, on a second side spaced apart from the fastening side by a material thickness of the fastening portion, preferably of between 0.5 mm and 1.5 mm, particularly preferably between 0.6 mm and 0.8 mm, is surrounded by a ridge 14 (such as shown in Fig. 4a-b) which protrudes transversely from the second side.
Therefore, it would have been obvious and well within the level of one skilled in the art, in view of AT ‘160, to modify Urban, as modified, to include the limitations in claim 14 of wherein the at least one carcass rail or the at least one drawer rail has at least one fastening portion with a fastening side which is configured to be brought to rest at least partially against the furniture carcass or the drawer, wherein the at least one fastening portion has at least one opening for a fastening means to pass through, and wherein the at least one opening, on a second side spaced apart from the fastening side by a material thickness of the fastening portion is surrounded by a ridge which protrudes transversely from the second side with a reasonable expectation of success in order to increase the overall versatility as well as strength of the drawer pull-out guide.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 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.
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HVT
September 24, 2026
/HANH V TRAN/Primary Examiner, Art Unit 3637
