DETAILED ACTION
This is a final Office action in response to the amendment filed 01/27/2026.
Status of Claims
Claims 11, 12, and 14-26 are pending;
Claims 1-10 and 13 have been cancelled; claims 11, 12, 22, and 23 are currently amended; claims 14-21 were previously presented; claims 24-26 are new;
Claims 11, 12, and 14-26 are rejected herein.
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 .
Response to Arguments
Applicant's arguments on page 10 of the remarks filed 01/27/2026,
"Burton does not in any way concern, and is not pertinent to, walk-in closets or furniture in general, and fails to disclose the fixing of profile elements constituting the vertical structure of a walk-in closet. For example, Burton fails to disclose 'a base body fixable to a support wall; a connecting member engagable with a profile element of a walk-in closet; and an intermediate body interposed between said base body and said connecting member.'"
have been fully considered but they are not persuasive. Note that the limitations "a connecting member engagable with a profile element of a walk-in closet" in claim 11 (lines 5 and 6) functionally recite the "walk-in closet" and the component thereof (i.e., the "profile element" of the "walk-in closet") as functional elements that are not required structures within the scope of claim 11. Any recitation of the "walk-in closet" and/or the component thereof (i.e., the "profile element" of the "walk-in closet") is functional or intended use. Also note that a recitation of the intended use of the claimed invention 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. In the instant case, Burton does disclose a base body (64, fig 1E) fixable to a support wall (see Figure 1B, the base body 64 is capable of performing the above intended use); a connecting member (26, 28, 30, 32, fig 1E) engagable with a profile element of a walk-in closet (see Figure 1B, the connecting member 26, 28, 30, 32 is capable of performing the above intended use); and an intermediate body (22, fig 1E) interposed between said base body and said connecting member (see Figures 1A-1E).
Applicant's arguments on page 12 of the remarks filed 01/27/2026,
"Applicant respectfully disagrees that this embodiment of Burton anticipates or renders obvious the claim. Claim 11 has been amended to incorporate limitations similar to those of former claim 13, now cancelled. Amended claim 11 recites a fixing device 'wherein said base body and said intermediate body have an elongated shape and extend according to a longitudinal axis to be insertable in a longitudinal seat provided at a back in said profile element." No portion of Burton discloses or suggests devices shaped such as this that "extend according to a longitudinal axis to be insertable in a longitudinal seat provided at a back in said profile element' as required by the claim. As such, Applicant requests the withdrawal of the rejection."
have been fully considered but they are not persuasive. Note that the limitations "a connecting member engagable with a profile element of a walk-in closet" in claim 11 (lines 5 and 6) and "wherein said base body and said intermediate body have an elongated shape and extend according to a longitudinal axis to be insertable in a longitudinal seat provided at a back in said profile element" in claim 11 (lines 13-16) functionally recite the "walk-in closet," the component of the "walk-in closet" (i.e., the "profile element"), and the components of the "profile element" (i.e., the "longitudinal seat" and the "back") as functional elements that are not required structures within the scope of claim 11. Any recitation of the "walk-in closet," the component of the "walk-in closet" (i.e., the "profile element"), and/or the components of the "profile element" (i.e., the "longitudinal seat" and the "back") is functional or intended use. Also note that a recitation of the intended use of the claimed invention 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. In the instant case, Burton does additionally disclose that said base body and said intermediate body have an elongated shape and extend according to a longitudinal axis (see Figure 1A-1E) to be insertable in a longitudinal seat provided at a back in said profile element (see Figure 1A-1E, the base body 64 and the intermediate body 22 are capable of performing the above intended use).
Applicant's arguments on pages 12 and 13 of the remarks filed 01/27/2026,
"Claim 11 has also been rejected as being anticipated by Yeh. Applicant respectfully disagrees and requests that the Office reconsider. Yeh illustrates a plurality of track members 10 which presumably the Office is analogizing to the profile elements 11 of the present application. The track members 10 of Yeh are directly engaged or secured to a support body 1, which presumably the Office is analogizing to the support wall or structure 12 of the present application. As shown in FIG. 1 of Yeh, the track members 10 are embedded within the support body 1, presumably fixed therein by glue or screws..."
"Yeh tails to disclose or suggest any fixing device for fixing the track members 10 to the support body 1. Moreover, as with Burton, Yeh fails to disclose a fixing device 'wherein said base body and said intermediate body have an elongated shape and extend according to a longitudinal axis to be insertable in a longitudinal seat provided at a back in said profile element.' As such, Applicant requests the withdrawal of the rejection."
have been fully considered but they are not persuasive. Nowhere in the Office action mailed 10/02/2025 indicates any of the track members 10 of Yeh being analogized to the claimed profiled elements. Instead, as explained on pages 9 and 10 of the Office action mailed 10/02/2025, one of the track members 10 of Yeh (e.g., the track member 10 as shown in Figure 2) is reasonably interpreted as the claimed base body. On the other hand, again, the limitations "a connecting member engagable with a profile element of a walk-in closet" in claim 11 (lines 5 and 6) functionally recite the "walk-in closet" and the component thereof (i.e., the "profile element" of the "walk-in closet") as functional elements that are not required structures within the scope of claim 11. Any recitation of the "walk-in closet" and/or the component thereof (i.e., the "profile element" of the "walk-in closet") is functional or intended use. Also note that a recitation of the intended use of the claimed invention 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. In the instant case, Yeh does disclose a fixing device (10, 20, 30, fig 2) for fixing profile elements of furniture (see Figures 1 and 2, the fixing device 10, 20, 30 is capable of performing the above intended use), the fixing device comprising: a base body (10, fig 2) fixable to a support wall (see Figures 1 and 2, the base body 10 is capable of performing the above intended use); a connecting member (30, fig 2) engagable with a profile element of a walk-in closet (see Figures 1 and 2, the connecting member 30 is capable of performing the above intended use); and an intermediate body (20, fig 2) interposed between said base body and said connecting member (see Figure 1); wherein said intermediate body is releasably engagable with said base body (see Figures 1 and 2); wherein said connecting member is adjustably connected to said intermediate body (see Figures 1 and 2, e.g., by turning the screw 32 inward and outward, or, alternatively, by switching the screw holes 22); and wherein said base body and said intermediate body have an elongated shape and extend according to a longitudinal axis (see Figure 2) to be insertable in a longitudinal seat provided at a back in said profile element (see Figures 1 and 2, the base body 10 and the intermediate body 20 are capable of performing the above intended use).
Applicant's arguments on page 14 of the remarks filed 01/27/2026,
"Dependent claim 19 has been rejected as being obvious over Burton in view of Coyle. Applicant respectfully disagrees, as one of skill in the art would not be motivated to combine Burton and Coyle in the manner suggested by the Office. Coyle relates to the field of window installations for inclined roofs, which is remote from the furniture field of the present application. As such, Applicant requests the withdrawal of the claim 19 obviousness rejection."
have been fully considered but they are not persuasive. It has been held that a prior art reference must either be in the field of the inventor’s endeavor or, if not, then be reasonably pertinent to the particular problem with which the inventor was concerned, in order to be relied upon as a basis for rejection of the claimed invention. See In re Oetiker, 977 F.2d 1443, 24 USPQ2d 1443 (Fed. Cir. 1992). In the instant case, Coyle is analogous art because it is at least from the same field of endeavor, i.e., brackets. Also, it would have been obvious to one of ordinary skill in the art to modify Burton with the teaching of Coyle in the manner as proposed by the Office action mailed 10/02/2025 and again in the current Office action.
Applicant's arguments on page 14 of the remarks filed 01/27/2026,
"Claim 23 has been rejected as being anticipated by Burton. Applicant respectfully disagrees and requests that the Office reconsider. Claim 23 recites 'fixing a base body of a fixing device to a support wall; engaging a connecting member of the fixing device with a profile element of a walk-in closet; and engaging an intermediate body of the fixing device with the base body.' The 'hat' from FIG. 2A, cited by the Office on page 8, is in no way equivalent to 'a profile element of a walk-in closet.' As such, Applicant requests the withdrawal of the rejection."
have been fully considered. As set forth under Claim Interpretation in the current Office action, "a walk-in closet" is positively recited in the body of claim 23 and is therefore considered as a required structure within the scope of claim 23. Upon reconsideration, the rejection of claim 23 as being anticipated by Burton is hereby withdrawn, since Burton does not appear to disclose "a walk-in closet" as positively recited in claim 23.
Applicant's arguments on pages 14 and 15 of the remarks filed 01/27/2026,
"Claim 23 has also been rejected as being anticipated by Yeh. Applicant again disagrees and requests that the Office reconsider. Claim 23 explicitly requires 'engaging a connecting member of the fixing device with a profile element of a walk-in closet.' Yeh fails to disclose or suggest the use of devices related to walk-in closets as required by the claim. As such, Applicant requests the withdrawal of the rejection."
have been fully considered but they are not persuasive. According to the original disclosure of the present application, Figure 1 of the drawings filed 02/07/2024 depicts "[a] walk-in closet 10" (see specification, page 4, line 24). On the other hand, Figure 1 of Yeh shows a similar "walk-in closet" comprising a support body (1, fig 1), a plurality of track members (10, fig 1), and a plurality of shelf members (31, fig 1, col 2, line 50, "one or more shelf members 31" and col 3, line 51, "the shelf members 31"). Therefore, the overall structure disclosed by Yeh can be reasonably interpreted as "a walk-in closet" as claimed for being similar to "[a] walk-in closet 10" of the present application.
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Applicant's arguments on page 15 of the remarks filed 01/27/2026,
"New independent claim 24 and dependent claims 25 and 26 have been added. Independent claim 24 recites a piece of furniture that comprises a fixing device that corresponds substantially to previous claim 11 prior to the incorporation of the claim 13 amendment. Moreover, claim 24 explicitly recites a piece of furniture with 'a profile element' and a fixing device with 'a connecting member engaged with said profile element.' In the outstanding Office Action, the Office has repeatedly stated that the cited references disclose documents that are theoretically mechanically capable of interacting with a profile element, the profile element not being affirmatively claimed in claim 11. New claim 24, on the other hand, explicitly recites such a profile element. There is no disclosure or suggestion in the recited references to arrive at a piece of furniture according to any of claims 24-26. As such, Applicant submits that the claims are allowable."
have been fully considered but they are not persuasive. In particular, Yeh does disclose the limitations of claims 24-26. Applicant is hereby directed to the detailed rejections set forth below in the current Office action.
Drawings
The replacement drawings filed 01/27/2026 are objected to under 35 U.S.C. 132(a) because they introduce new matter into the disclosure. 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention. The added material which is not supported by the original disclosure is as follows:
The newly added sheet filed 01/27/2026, adding a new Figure 10 to the original disclosure of the present application, is considered as new matter. Note that the original disclosure of the present application does not provide any support for, at least, what the claimed "elastic" biasing means looks like, where in the fixing device (17) the claimed "elastic" biasing means is located, and how the claimed "elastic" biasing means biases the hooking member (32). However, the new Figure 10 shows detailed new matter beyond the scope of the original disclosure of the present application and therefore is considered as new matter. Accordingly, the replacement drawings filed 01/27/2026 have not been entered by the Examiner.
The drawings filed 02/07/2024 are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the feature "wherein said biasing means is elastic" (claim 18, lines 1 and 2). must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
The drawings filed 02/07/2024 are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the feature "said piece of furniture is a walk-in closet" (claim 26, lines 1 and 2). 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.
Specification
The amendments to the specification filed 01/27/2026 are objected to under 35 U.S.C. 132(a) because they introduce new matter into the disclosure. 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention. The added material which is not supported by the original disclosure is as follows:
The amendments to the specification filed 01/27/2026, "FIG. 10 shows an alternative embodiment with an elastic means" and "FIG. 10 shows an embodiment utilizing an elastic means 38," are considered as new matter, since they are associated with the new Figure 10 filed 01/27/2026. Note that the original disclosure of the present application does not provide any support for, at least, what the claimed "elastic" biasing means looks like, where in the fixing device (17) the claimed "elastic" biasing means is located, and how the claimed "elastic" biasing means biases the hooking member (32). However, the new Figure 10 shows detailed new matter beyond the scope of the original disclosure of the present application and therefore is considered as new matter. Also, the amendments to the specification filed 01/27/2026 are also considered as new matter for being associated with new matter in the replacement drawings filed 01/27/2026. Accordingly, the amendments to the specification filed 01/27/2026 have not been entered by the Examiner.
The amendments to the abstract filed 02/07/2024 are objected to because of the following informality:
Line 4, "a walk-in closets" appears to be --a walk-in closet--.
A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Appropriate correction is required.
Claim Objections
Claims 11 and 23 are objected to because of the following informalities:
Claim 11, line 3, "furniture" appears to be --a piece of furniture--.
Claim 23, line 3, "furniture" appears to be --a piece of furniture--.
Appropriate correction is required.
Claim Interpretation
Regarding claim 23, the limitations "engaging a connecting member of the fixing device with a profile element of a walk-in closet" in lines 5 and 6 positively recite "a walk-in closet" in the body of claim 23. As such, "a walk-in closet" in line 6 is considered as a required structure within the scope of claim 23. According to the original disclosure of the present application, Figure 1 of the drawings filed 02/07/2024 depicts "[a] walk-in closet 10" (see specification, page 4, line 24).
Regarding claim 25, the limitations "wherein said base body and said intermediate body have an elongated shape and extend according to a longitudinal axis to be insertable in a longitudinal seat provided at a back in said profile element" are recited in claim 25 (lines 1-4). Note that the "profile element" is positively recited in the body of claim 24, from which claim 25 depends, as a required structure within the scope of claim 24. Moreover, claim 25 requires that the "profile element" comprise "a longitudinal seat provided at a back in said profile element" to facilitate the recited intended use. As such, the "profile element" and the components of the "profile element" (i.e., the "back" in the "profile element" and the "longitudinal seat" provided at the "back" in the "profile element") are considered as required structures within the scope of claim 25.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 26 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding claim 26, there is no support in the original disclosure of the present application for the following limitations: "wherein said piece of furniture is a walk-in closet" (claim 26, lines 1 and 2). In particular, the original disclosure of the present application merely states "walk-in closets and furniture in general" (specification, page 4, line 4) and "walk-in closets or furniture" (specification, page 4, line 10). There does not appear to be any disclosure setting forth that "said piece of furniture is a walk-in closet" as currently claimed. Therefore, the limitations "wherein said piece of furniture is a walk-in closet" (claim 26, lines 1 and 2) are considered as new matter. Appropriate correction is required.
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 (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 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.
Claims 11, 12, 15-18, and 20-22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Burton (US 10,458,594 B2).
Regarding claim 11, Burton discloses a fixing device (10, fig 1E) for fixing profile elements of furniture (see Figure 1B, the fixing device 10 is capable of performing the above intended use), the fixing device comprising: a base body (64, fig 1E) fixable to a support wall (see Figure 1B, the base body 64 is capable of performing the above intended use); a connecting member (26, 28, 30, 32, fig 1E) engagable with a profile element of a walk-in closet (see Figure 1B, the connecting member 26, 28, 30, 32 is capable of performing the above intended use); and an intermediate body (22, fig 1E) interposed between said base body and said connecting member (see Figures 1A-1E); wherein said intermediate body is releasably engagable with said base body (see Figures 1A-1E); wherein said connecting member is adjustably connected to said intermediate body (see Figures 1A-1E); and wherein said base body and said intermediate body have an elongated shape and extend according to a longitudinal axis (see Figure 1A-1E) to be insertable in a longitudinal seat provided at a back in said profile element (see Figure 1A-1E, the base body 64 and the intermediate body 22 are capable of performing the above intended use).
Regarding claim 12, wherein said base body and said intermediate body are slidingly engagable with each other via guide and/or bevel means (62, 66, fig 1B & 1E, see Figures 1A-1E).
Regarding claim 15, further comprising a hooking member (34, fig 1E) between said base body and said intermediate body (see Figures 1A-1E), said hooking member being movable between a hooking position and a releasing position (see Figures 1A-1E, see col 5, lines 52-67, col 6, lines 1-28).
Regarding claim 16, wherein said hooking member is conformed as a tooth (34, fig 1E, col 5, lines 19-25) movably supported by one of said base body and said intermediate body (see Figures 1A-1E).
Regarding claim 17, further comprising biasing means (24, fig 1E) for biasing said hooking member towards said hooking position (see col 5, lines 52-67, col 6, lines 1-28).
Regarding claim 18, wherein said biasing means is elastic (see col 5, lines 52-67, col 6, lines 1-28).
Regarding claim 20, further comprising biasing means (24, fig 1E) for biasing said hooking member towards said hooking position (see col 5, lines 52-67, col 6, lines 1-28).
Regarding claim 21, further comprising a release element (25, fig 1E) for moving said hooking member from the hooking position to the releasing position (see col 5, lines 52-67, col 6, lines 1-28, the release element 25 is capable of performing the above intended use, e.g., the user can hold the release element 25 and push inward to release the hooking member 34 from the hooking position to the releasing position to allow sliding movement).
Regarding claim 22, wherein said release element is integral with said connecting member (see Figure 1E).
Claims 11, 12, 14, and 23-26 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yeh (US 6,827,320 B2).
Regarding claim 11, Yeh discloses a fixing device (10, 20, 30, fig 2) for fixing profile elements of furniture (see Figures 1 and 2, the fixing device 10, 20, 30 is capable of performing the above intended use), the fixing device comprising: a base body (10, fig 2) fixable to a support wall (see Figures 1 and 2, the base body 10 is capable of performing the above intended use); a connecting member (30, fig 2) engagable with a profile element of a walk-in closet (see Figures 1 and 2, the connecting member 30 is capable of performing the above intended use); and an intermediate body (20, fig 2) interposed between said base body and said connecting member (see Figure 1); wherein said intermediate body is releasably engagable with said base body (see Figures 1 and 2); wherein said connecting member is adjustably connected to said intermediate body (see Figures 1 and 2, e.g., by turning the screw 32 inward and outward, or, alternatively, by switching the screw holes 22); and wherein said base body and said intermediate body have an elongated shape and extend according to a longitudinal axis (see Figure 2) to be insertable in a longitudinal seat provided at a back in said profile element (see Figures 1 and 2, the base body 10 and the intermediate body 20 are capable of performing the above intended use).
Regarding claim 12, wherein said base body and said intermediate body are slidingly engagable with each other via guide and/or bevel means (14, 21, fig 2, see Figures 1 and 2).
Regarding claim 14, wherein said connecting member is adjustably connected to said intermediate body by respective screw means (22, 32, fig 2).
Regarding claim 23, Yeh discloses a method for fixing a profile element of furniture (see Figures 1 and 2), the method comprising: fixing a base body (10, fig 2) of a fixing device (10, 20, 30, fig 2) to a support wall (1, fig 1); engaging a connecting member (30, fig 2) of the fixing device with a profile element (31, fig 2) of a walk-in closet; and engaging an intermediate body (20, fig 2) of the fixing device with the base body (see Figure 1).
Regarding claim 24, Yeh, under a first interpretation, discloses a piece of furniture (see Figure 1), comprising: a profile element (31, fig 2); and a fixing device (10, 20, 30, fig 2) for fixing said profile element (see Figures 1 and 2, the fixing device 10, 20, 30 is capable of performing the above intended use), the fixing device comprising: a base body (10, fig 2) fixable to a support wall (see Figures 1 and 2, the base body 10 is capable of performing the above intended use); a connecting member (30, fig 2) engaged with said profile element (see Figures 1 and 2); and an intermediate body (20, fig 2) interposed between said base body and said connecting member (see Figure 1); wherein said intermediate body is releasably engagable with said base body (see Figures 1 and 2); and wherein said connecting member is adjustably connected to said intermediate body (see Figures 1 and 2, e.g., by turning the screw 32 inward and outward, or, alternatively, by switching the screw holes 22).
Regarding claim 26, Yeh, under the first interpretation, discloses the piece of furniture, wherein said piece of furniture is a walk-in closet (see Figure 1; according to the original disclosure of the present application, Figure 1 of the drawings filed 02/07/2024 depicts "[a] walk-in closet 10" [see specification, page 4, line 24]; on the other hand, Figure 1 of Yeh shows a similar "walk-in closet" comprising a support body [1, fig 1], a plurality of track members [10, fig 1], and a plurality of shelf members [31, fig 1, col 2, line 50, "one or more shelf members 31" and col 3, line 51, "the shelf members 31"]; therefore, the overall structure disclosed by Yeh can be reasonably interpreted as "a walk-in closet" as claimed for being similar to "[a] walk-in closet 10" of the present application).
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Regarding claim 24, Yeh, under a second interpretation, discloses a piece of furniture (see Figure 1), comprising: a profile element (1, fig 1); and a fixing device (10, 20, 30, fig 2) for fixing said profile element (see Figures 1 and 2, the fixing device 10, 20, 30 is capable of performing the above intended use), the fixing device comprising: a base body (10, fig 2) fixable to a support wall (see Figures 1 and 2, the base body 10 is capable of performing the above intended use); a connecting member (30, fig 2) engaged with said profile element (see Figures 1 and 2, e.g., via at least the intermediate body 20 and the base body 10); and an intermediate body (20, fig 2) interposed between said base body and said connecting member (see Figure 1); wherein said intermediate body is releasably engagable with said base body (see Figures 1 and 2); and wherein said connecting member is adjustably connected to said intermediate body (see Figures 1 and 2, e.g., by turning the screw 32 inward and outward, or, alternatively, by switching the screw holes 22).
Regarding claim 25, Yeh, under the second interpretation, discloses the piece of furniture, wherein said base body and said intermediate body have an elongated shape (see Figure 2) and extend according to a longitudinal axis (see Figure 2) to be insertable in a longitudinal seat (1a, fig 1, see annotation below, the longitudinal seat of the profile element 1 that receives the base body 10) provided at a back (1b, fig 1, see annotation below, the back of the profile element 1 that faces the connecting member 30) in said profile element (see Figure 1).
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Regarding claim 26, Yeh, under the second interpretation, discloses the piece of furniture, wherein said piece of furniture is a walk-in closet (see Figure 1; according to the original disclosure of the present application, Figure 1 of the drawings filed 02/07/2024 depicts "[a] walk-in closet 10" [see specification, page 4, line 24]; on the other hand, Figure 1 of Yeh shows a similar "walk-in closet" comprising a support body [1, fig 1], a plurality of track members [10, fig 1], and a plurality of shelf members [31, fig 1, col 2, line 50, "one or more shelf members 31" and col 3, line 51, "the shelf members 31"]; therefore, the overall structure disclosed by Yeh can be reasonably interpreted as "a walk-in closet" as claimed for being similar to "[a] walk-in closet 10" of the present application).
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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 19 is rejected under 35 U.S.C. 103 as being unpatentable over Burton (US 10,458,594 B2) in view of Coyle (US 8,979,047 B2).
Regarding claim 19, Burton does not disclose the fixing device, wherein said biasing means is magnetic.
Coyle teaches a fixing device comprising biasing means (col 3, lines 6 and 7, the urging means), which can be magnetic (col 3, lines 6 and 7).
Burton and Coyle are analogous art because they are at least from the same field of endeavor, i.e., brackets. Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to form the biasing means (Burton: 24, fig 1E) to be magnetic (Coyle: col 3, lines 6 and 7), as taught by Coyle, with a reasonable expectation of success. The motivation would have been to avoid contact with the connecting member to avoid wearing and damaging the connecting member. Therefore, it would have been obvious to combine Burton and Coyle to obtain the invention as specified in claim 19.
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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/G. H. G./Examiner, Art Unit 3631
/JONATHAN LIU/Supervisory Patent Examiner, Art Unit 3631
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