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 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) 1-7, 12-14, 16, and 17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WIPO Publication WO 2016/085323 to Siang Fong. Siang Fong teaches
1. A storage furniture assembly comprising a set of furniture frame panels (1, 2, 3, 4, 7) configured to be connected in fixed relationship to each other to define a storage compartment (figure 2) having a storage compartment access opening (figure 2), wherein the set of furniture frame panels includes a first furniture frame panel (2) extending in a first frame panel plane (as best seen in figure 2), and a second furniture frame panel (3 or 4 or 7) configured to be connected in a fixed relationship to the first furniture frame panel (figure 1 and 2) to extend in a second frame panel plane (figure 1 and 2) at an angle to the first frame panel plane, and a furniture foot assembly including a set of furniture feet (21), wherein said first furniture frame panel (figure 6) is provided with a first set of furniture foot attachment interfaces (5) for attaching said set of furniture feet, wherein the second furniture frame panel is provided with a second set of furniture foot attachment interfaces (as best seen in figures 1 and 2) for attaching the set of furniture feet, such that the furniture feet are attachable to either of the first furniture frame panel and the second furniture frame panel; wherein the set of furniture frame panels define four side walls (1, 2, 3, 4, and/or 7 as best seen in figures 1-3) of a rectangular frame; and wherein only two of the side walls of the rectangular frame have foot attachment interfaces (while all sides have the openings 5, only two are considered to be foot attachment interfaces and the others are additional unclaimed elements such as an accessory attachment interface or to bolt to an adjacent furniture. The claims are in the open-ended format due to the use of the transitional term “comprising” and therefore a reference/rejection can have additional unclaimed steps/features. See MPEP 2111.03(I))
2. wherein the first furniture frame panel is configured to define a bottom wall of the storage compartment (as best seen in figures 1, 2, and 6), the bottom wall being located opposite to the storage compartment access opening.
3. wherein the first and the second frame panel planes are mutually orthogonal (as best seen in figures 1 and 2).
4. wherein the set of furniture frame panels further comprises a third furniture frame panel (3 or 4 or 7) configured to be connected in a fixed relationship to the first and the second furniture frame panels to extend in a third frame panel plane (as best seen in figures 1 and 2) at an angle to each of the first and second frame panel planes, and wherein the third furniture frame panel is provided with a third set of furniture foot attachment interfaces (6) for attaching the set of furniture feet, such that the furniture feet are attachable to either of the first furniture frame panel, the second furniture frame panel, and the third furniture frame panel.
5. wherein the first, the second and the third frame panel planes are mutually orthogonal (as best seen in figures 1 and 2).
6. wherein the set of furniture frame panels comprises four furniture frame panels (1, 2, 3, 4, and/or 7) configured to be connected in fixed relationship to each other to define a rectangular frame (figure 2) enclosing the storage compartment, the rectangular frame being defined by a first pair of mutually parallel furniture frame panels and a second pair of mutually parallel furniture frame panels of the four furniture frame panels.
7. wherein the first pair of mutually parallel furniture frame panels includes the second furniture frame panel and a fourth furniture frame panel (figures 1 and 2); wherein the second pair of mutually parallel furniture frame panels includes a third furniture frame panel and a fifth furniture frame panel (figures 1 and 2); and wherein proximal edges of the second, the third, the fourth, and the fifth furniture frame panels are configured to be connected in a fixed relationship to the first furniture frame panel, such that distal edges of the second, the third, the fourth, and the fifth furniture frame panels, opposite to the respective proximal edges, define the storage compartment access opening (as best seen in figures 1, 2, and 6.
12. wherein the furniture foot assembly comprises a set of threaded elements (12) for attaching the furniture feet to the respective furniture foot attachment interfaces (as best seen in figure 6).
13. wherein said set of threaded elements comprises a set of foot attachment screws (12).
14. wherein the set of foot attachment screws are configured to threadedly engage with respective screw holes (page 6, line 31 to page 7, line 4) of the furniture feet, and wherein each of the furniture foot attachment interfaces comprises a foot-attachment through-hole (5) through the respective furniture frame panel, the foot-attachment through-hole being configured to receive a respective foot attachment screw (as best seen in figure 6).
16. further comprising a set of furniture foot attachment interface covers (11), each of the furniture foot attachment interface covers including a respective panel connection interface (as best seen in figure 3) mating with a furniture foot attachment interface (5) of the sets of furniture foot attachment interfaces, and a cover trim (head portion of element 11 or panel 10) configured to cover an outside face of the respective furniture foot attachment interfaces.
17. further comprising a hanger (11) that includes a panel connection interface (as best seen in figure 3) mating with a furniture foot attachment interface (5) of the set of furniture foot attachment interfaces, and a hanger knob (head portion of element 11) which, when the hanger is attached to the furniture foot attachment interface, is spaced from an outer face of the respective furniture frame panel (via the thickness of panel 10).
Claim Rejections - 35 USC § 102/103
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.
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.
Claim(s) 18 is/are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over WIPO Publication WO 2016/085323 to Siang Fong. Siang Fong discloses every element as claimed and discussed above except is silent to the dimensions of the panel. The examiner considers due to the wide range of dimensions (8-35 mm) combined with the relative scale/ratios between objects shown and the function described, that the panels inherently would be within these dimensions; or in the alternative before the effective filing date of the claimed invention it would have been obvious for a person of ordinary skill in the art to modify thickness of the panels to be within 8mm to 35mm, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. See MPEP 2144.05.
Claim(s) 19 and 20 is/are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over US Patent 5,762,213 to Heneveld alone or in view of US Patent 1,052,516 to Ringer. Heneveld teaches
19. A storage furniture assembly comprising a set of furniture frame panels comprising four furniture frame panels (24, 26, 30, bottom not shown, Col. 3, lines 28-34) configured to be connected in fixed relationship to each other to define a rectangular frame (Figure 1) enclosing a storage compartment (42), the rectangular frame being defined by a first pair (24,26) of mutually parallel furniture frame panels and a second pair (30, bottom not shown) of mutually parallel furniture frame panels of said four furniture frame panels;
a first pair of storage space divider guide rails (38) having a first storage space divider guide rail (38, col 3, lines 49-52, “bent wire retainer”) and a second storage space divider guide rail (38, col 3, lines 49-52, “bent wire retainer”) configured to be connected to mutually opposing inside faces of the second pair of mutually parallel furniture frame panels;
a first storage space divider panel (40) extending in a first divider panel plane (figure 1), and having a pair of opposite edges provided with respective guide tracks (recess for pin 38 or for “bent wire retainer”) extending along said first divider panel plane, the guide tracks of said first storage space divider panel being configured to guidedly engage with said first pair of storage space divider guide rails to enable sliding the first storage divider into a position (figure 1) inside the storage compartment at which position the first storage space divider panel divides the storage compartment into a first storage subspace (figure 1) and a second storage subspace (figure 1, Col 3, lines 53-56),
a second pair of storage space divider guide rails (48,50) having a third storage space divider guide rail (50) and a fourth storage space divider guide rail (48), the third storage space divider guide rail being configured to be connected to an inside face of a furniture frame panel of said first pair of furniture frame panels, and the fourth storage space divider guide rail being configured to be connected to a divider connection face (adjacent to the mating hole pattern, 44,46) of the first storage space divider panel (as best seen in figure 1), the divider connection face of the first storage space divider panel opposing said inside face of a furniture frame panel of said first pair of furniture frame panels, and
a second storage space divider panel (52) extending in a second divider panel plane (figure 1), and having a pair of opposite edges provided with respective guide tracks (68) extending along said second divider panel plane, the guide tracks of said second storage space divider panel being configured to guidedly engage with said second pair of storage space divider guide rails to enable sliding the second storage divider into a position (figure 1) inside the second storage subspace at which position the second storage space divider panel divides the second storage subspace into a third storage subspace (figure 1) and a fourth storage subspace (figure 1).
a furniture foot assembly (figure 6 or 7) including a set of furniture feet (21 or 22); wherein only two of the four furniture frame panels are provided with a set of furniture foot attachment interfaces (while all the sides have the openings 5, only two are considered to be foot attachment interfaces and the others are additional unclaimed elements such as an accessory attachment interface. The claims are in the open-ended format due to the use of the transitional term “comprising” and therefore a reference/rejection can have additional unclaimed steps/features. See MPEP 2111.03(I))) for attaching the set of furniture feet.
20. wherein each of said storage space divider guide rails is configured as a rigid metal wire guide (54) having two free ends (58), the free ends being insertable with tight fit in a mating hole pattern (44, 46) in the respective panel face.
Ringer teaches a furniture with vertical sides (a) connected with shelves (b) having tracks (c). Bent wire guide rails (g) fit in mating holes (f) in the vertical panels (a) as best seen in figure 6 and 7. The track of the shelves slide over the bent wire guide rail as best seen in figure 1.
The examiner considers that the “bent wire retainer” alternative to the shown pins (38) would inherently meet the limitations of the track and rail or in the alternative before the effective filing date of the claimed invention it would have been obvious for a person of ordinary skill in the art to modify the furniture of Heneveld by using a bent wire rail to support the shelf as taught by Ringer to hide the support while allowing for adjustment.
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.
Claim(s) 8-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over WIPO Publication WO 2016/085323 to Siang Fong in view of US Patent 5,762,213 to Heneveld alone or additionally in view of US Patent 1,052,516 to Ringer. Siang Fong discloses every element as claimed and discussed above except first and second storage space dividers. Heneveld teaches
A storage furniture assembly comprising a set of furniture frame panels comprising four furniture frame panels (24, 26, 30, bottom not shown, Col. 3, lines 28-34) connected in fixed relationship to each other to define a rectangular storage furniture frame (Figure 1) enclosing a storage compartment (42). A first pair of storage space divider guide rails (38) having a first storage space divider guide rail (38, col 3, lines 49-52, “bent wire retainer”) and a second storage space divider guide rail (38, col 3, lines 49-52, “bent wire retainer”) configured to be connected to mutually opposing inside faces of the second pair of mutually parallel furniture frame panels; A first storage space divider panel (40) having a pair of opposite edges provided with respective guide tracks (recess for pin 38 or for “bent wire retainer”) extending along said first divider panel plane, the guide tracks of said first storage space divider panel being configured to guidedly engage with said first pair of storage space divider guide rails to enable sliding the first storage divider into a position (figure 1) inside the storage compartment at which position the first storage space divider panel divides the storage compartment into a first storage subspace (figure 1) and a second storage subspace (figure 1, Col 3, lines 53-56). A second pair of storage space divider guide rails (48,50) having a third storage space divider guide rail (50) and a fourth storage space divider guide rail (48), the third storage space divider guide rail being configured to be connected to an inside face of a furniture frame panel of said first pair of furniture frame panels, and the fourth storage space divider guide rail being configured to be connected to a divider connection face (adjacent to the mating hole pattern, 44,46) of the first storage space divider panel (as best seen in figure 1), the divider connection face of the first storage space divider panel opposing said inside face of a furniture frame panel of said first pair of furniture frame panels, anda second storage space divider panel (52) extending in a second divider panel plane (figure 1), and having a pair of opposite edges provided with respective guide tracks (68) extending along said second divider panel plane, the guide tracks of said second storage space divider panel being configured to guidedly engage with said second pair of storage space divider guide rails to enable sliding the second storage divider into a position (figure 1) inside the second storage subspace at which position the second storage space divider panel divides the second storage subspace into a third storage subspace (figure 1) and a fourth storage subspace (figure 1).
Before the effective filing date of the claimed invention it would have been obvious for a person of ordinary skill in the art to modify the furniture of Siang Fong by adding dividers with guide rails and track as taught by Heneveld to subdivided the storage compartment.
For further clarification regarding claims 10 and 11,
Ringer teaches a furniture with vertical sides (a) connected with shelves (b) having tracks (c). Bent wire guide rails (g) fit in mating holes (f) in the vertical panels (a) as best seen in figure 6 and 7. The track of the shelves slide over the bent wire guide rail as best seen in figure 1.
The examiner considers that the “bent wire retainer” alternative to the shown pins (38) of Heneveld would inherently meet the limitations of the track and rail or in the alternative before the effective filing date of the claimed invention it would have been obvious for a person of ordinary skill in the art to modify the furniture of Siang Fong in view of Heneveld by using a bent wire rail to support the shelf as taught by Ringer to hide the support while allowing for adjustment.
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over WIPO Publication WO 2016/085323 to Siang Fong. Siang Fong discloses every element as claimed and discussed above except a support sleeve with an outer mantle face. It is admitted prior art that furniture and fasteners having a sleeve or shank of increased diameter without threads to match the hole size on the primary panel to help align and prevent binding are known. The common knowledge or well-known in the art statement is taken to be admitted prior art because applicant failed to traverse the examiner’s assertion of official notice in the office action mailed 03/24/2025. See MPEP 2144.03. Before the effective filing date of the claimed invention, it would have been obvious for a person of ordinary skill in the art to modify he furniture of Siang Fong by adding an increased shank to the screw connecting to the feet as known in the art to help align the screw.
Response to Arguments
Applicant's arguments filed 3/24/2025 have been fully considered but they are not persuasive. The applicant argues that each panel of Fong includes through holes 5 that equate to the furniture foot attachment interfaces and therefore does not meet the limitation “only two sides have the foot attachment interfaces”. The examiner disagrees since the claims are in the open-ended format due to the use of the transitional term “comprising” and therefore a reference/rejection can have additional unclaimed steps/features. See MPEP 2111.03(I) The additional through holes are considered unclaimed elements to be used with bolts to attach to adjacent furniture modules or could be used for unclaimed accessories.
No objections to the Official notices were expressed and therefore the statements made are considered admitted prior art. Per 2144.03, “If applicant does not traverse the examiner’s assertion of official notice or applicant’s traverse is not adequate, the examiner should clearly indicate in the next Office action that the common knowledge or well-known in the art statement is taken to be admitted prior art because applicant either failed to traverse the examiner’s assertion of official notice or that the traverse was inadequate.”
Conclusion
THIS ACTION IS MADE FINAL. 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.
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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/T.M.A/Examiner, Art Unit 3637 /JANET M WILKENS/ Primary Examiner, Art Unit 3637