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 .
Application Status
Claims 1-21 are pending and have been examined in this application.
Claims 1-2, 11 and 14 were previously presented; claims 3-10, 12-13 and 15-21 are original;
Claims 1-21 are rejected herein.
Information Disclosure Statement
As of the date of this action, no information disclosure statement has been filed on behalf of this case.
Response to Arguments
Applicant's arguments filed 3/31/2026 have been fully considered but they are not persuasive.
Regarding Applicant’s argument wherein “…Dibdin nowhere teach or in any way suggest such a linear, non-pivotal structure for moving any portion of compliant part 124…Dibdin itself contradicts this construction of the reference. The reference (Dibdin) teaches a compliant part 124 comprising a first slide member 190 and a second slide member 192 slidably connected to the first slide member. Compliant part 124 is coupled to a lever 116 via a link 128 having a first end 130 pivotally connected to the lever 116 and a second end pivotally connected to second slide member 192. The Examiner asserts that the Examiner has equated element 192 as non-pivoting pull rod, which is clearly disclosed by Dibdin to move in a linear direction. While a portion of lever (116) and link 128 pivots, the pull rod 192 only moves in a linear direction. Furthermore, it should be noted that claim 14 does not require the pull rod to be a non-pivoting linear rod.
Regarding Applicant’s argument wherein “…the second slide member in no way configure to pull first slide member 190…” The Examiner asserts that the invention as claimed in claim 2 requires the pull rod to actuate the movable block as shown in Fig. 12 and does not limit the scope to where one element is required to directly pull the other element. Thus, the Examiner respectfully disagrees and maintains the rejection.
Regarding Applicants argument wherein “…Dibdin’s cutouts 316, 366 expressly taught as providing a cutout for lever 116 in the panel…they are not inclined as required. The Examiner asserts that, as shown below, the slot clearly comprises an inclined portion.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., how the pull rod of instant application is connected to the other element as compared to the pull rod of Dibdin) are not recited in the rejected claims. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
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Claim Rejections - 35 USC § 102
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 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 following is a quotation of the appropriate paragraphs of pre-AIA 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-2, 10-14 and 20-21 are rejected under 35 U.S.C. 102(a)(1)/102(a)(2) as being anticipated by Dibdin (U.S. Pat. No. 10219623 B1).
Regarding claim 1, Dibdin teaches a retractable drawer divider, comprising: a fixed plate (102 and/or 302);
a movable toothed plate (104) telescopically arranged within the fixed plate and including two opposed rows of first teeth, individual teeth of the two opposed rows of first teeth being disposed at spaced intervals; and
a switch assembly (106) adapted to convert the movable toothed plate between at least a first state in which the toothed plate can be freely extended and retracted and a second, fixed state whereby the toothed plate is held in a fixed position;
wherein the switch assembly includes:
a locking block (118, 228) slidably arranged on the toothed plate between the two opposed rows of first teeth; and
a movable block (central block portion of 190) adapted to actuate the locking block whereby a portion of the locking block engages with or disengages from the two opposed rows of first teeth; and
a linear, non-pivoting pull rod (192) adapted to actuate the movable block.
Regarding claim 2, Dibdin teaches the pull rod (192) is adapted to actuate the movable block to provide a left or right horizontal motion; and further comprising: an elastic member (286) extending between the linear non pivoting pull rod and the movable block; and
a button (136 or 116) carried by the fixed plate and adapted to drive the pull rod whereby actuating the button in a first direction disengages the locking block from the two opposed rows of first teeth placing the toothed plate in the first state, and actuating the button in a second, opposed direction engages the locking block with the two opposed rows of first teeth, compresses the elastic member, and places the toothed plate in the second state.
Regarding claim 10, Dibdin teaches the elastic member (286) is a spring extending between the pull rod and the movable block.
Regarding claim 11, Dibdin teaches the button (116) is provided with an elongated oblique slot (slot at 316 and 366 see Figs. 1-2 and 9 for configuration) adapted to slidably receive and retain an end of the pull rod.
Regarding claim 12, Dibdin teaches the fixed plate (102, 302) is defined by two side plates and the toothed plate (104), the locking block, the movable block and the pull rod are disposed between the two side plates; further wherein at least one of the two side plates includes a groove (groove defined by 102 and 302 see Fig. 12 for configuration) adapted to hold and/or guide the toothed plate, the locking block, the movable block and the pull rod.
Regarding claim 13, Dibdin teaches the fixed plate (102 and/or 302) and the toothed plate (104) each include an exposed end face provided with a non-slip pad (372, 392).
Regarding claim 14, Dibdin teaches a retractable drawer divider, comprising: a fixed plate (102 and/or 302);
a movable toothed plate (104) telescopically arranged within the fixed plate and including two opposed rows of first teeth, individual teeth of the two opposed rows of first teeth being disposed at spaced intervals;
a switch assembly (106) adapted to convert the movable toothed plate between at least a first state in which the toothed plate can be freely extended and retracted and a second, fixed state whereby the toothed plate is held in a fixed position;
wherein the switch assembly includes:
a locking block (118) slidably arranged on the toothed plate between the two opposed rows of first teeth; and
a movable block (central block portion of 190) adapted to actuate the locking block whereby a portion of the locking block engages with or disengages from the two opposed rows of first teeth;
a pull rod (128, 192) adapted to actuate the movable block;
an elastic member (286) extending between the pull rod and the movable block; and
a button (116) carried by the fixed plate and including an elongated oblique slot (316 and/or 366 see Fig. 1 and 2 for configuration) adapted to drive the pull rod whereby actuating the button in a first direction disengages the locking block from the two opposed rows of first teeth placing the toothed plate in the first state, and actuating the button in a second, opposed direction engages the locking block with the two opposed rows of first teeth, compresses the elastic member, and places the toothed plate in the second state.
Regarding claim 20, Dibdin teaches the elastic member is a spring (286) extending between the pull rod and the movable block.
Regarding claim 21, Dibdin teaches wherein the fixed plate (102) is defined by two side plates (102, 302) including a groove (opening receiving 104) adapted to hold and/or guide the toothed plate, the locking block, the movable block and the pull rod (see Fig. 12 for configuration).
Allowable Subject Matter
Claims 3-9 and 15-19 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
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MUHAMMAD IJAZ whose telephone number is (571)272-6280. The examiner can normally be reached M-F 11:00 am-10:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Liu can be reached at 5712728227. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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MUHAMMAD IJAZ
Primary Examiner
Art Unit 3631
/Muhammad Ijaz/Primary Examiner, Art Unit 3631
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