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 .
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, all of the limitations of claim 1 (spacers), 2( reduction gear assembly), 3 (motor driver, wireless module, power supply, temperature sensor, thermistor), 5 (demarcated area), 7 (hooks, loops, buttons), 11 (keyed holes), 14 (block of thermoplastics), 15 (hinges and panels) 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 1-20 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. The expressions “the horizontal plane”, “the linear support” (claim 1), “the shaft” (claim 2), “the allowable linear motion” (claim 8), “the sequence of button presses”, “the remote control”, “the rocking motion”, “the first button press” (claim 16), “the active unit”, “the internet”, “the user interface” (claim 17), “the inertial measurement unit”, “the linear motion”, “the active unit”, “the speed and duration”, “the automatic linear motion” (claim 18), “the temperature sensor”, “the measured temperature” (claim 20) have no definite antecedent basis in the claims. It is unclear how motion is induced by an active pad or passive pad without structural interconnection of the elements. The elements are categorically recited with no defining of how such structure defines an active or passive pad, how a linear rail mounted in the box is included in a motion permitting support. Clarification and correction are required.
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.
Claim(s) 1, so far as definite is/are rejected under 35 U.S.C. 103 as being unpatentable over Yan et al (‘612). The reference to Yan et al teaches structure substantially as claimed, so far as definite including a system for inducing motion in the horizontal plane of a piece of furniture put on top of it, comprising one active pad or several active pads and one or more passive pads where active and passive pads comprise: a. a box with an open or partially open top; b. a motion permitting support including a linear rail mounted into the box; c. a movable slider riding on the linear support or rail including a linear bearing block; d. a platform for placing or mounting furniture upon, mounted on top of the slider; e. spacers between slider and platform. (at least figs 2, 3, 4 showing a plurality of boxes in sliding engagement in opposite horizontal directions).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The references cited teach structure similar to applicant’s including movable supports with mechanical engagement providing movement in a plane with structure providing a mechanical assist.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSE V CHEN whose telephone number is (571)272-6865. The examiner can normally be reached m-f, m-w 5:30-3:00, th5:30-2:00.
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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.
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/JOSE V CHEN/ Primary Examiner, Art Unit 3637