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, the mating connection mechanism (cl. 4-5 & 22); and a third configuration of the front panel (cl. 14); must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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) 1-3, 12, 21, & 25 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ye (CN208658290).
Regarding claim 1, Ye teaches cabinet (Figs. 3-5), comprising: a top surface (201) and a front side (i.e., front of 201 & 204) allowing access to an interior of the cabinet (Fig. 5); and a front panel (1) having a flat surface (101) that is larger than the top surface (implied by Fig. 5, which shows 101 to be as long as, but also wider than, 201); wherein the front panel is pivotable between a first configuration (Fig. 3), in which the front panel is a vertical panel closing the front side, and a second configuration (Fig. 5), in which the front panel forms a horizontal table top (101 - note that, in this configuration, 101 is obviously capable of serving as a tabletop); and wherein the cabinet is transformable to a table via pivoting the front panel from the first configuration to the second configuration (Figs. 3-5).
Regarding claim 2, Ye teaches two outer side panels (204), wherein the front panel (1) is attached to the two outer side panels via a rotatable connection mechanism (3).
Regarding claim 3, Ye teaches a front panel (1) that includes two side walls (102) each extending externally of and in parallel with the two outer side panels (204); and each of the two outer side panels is connected to one of the two side walls (Figs. 4-5) via the rotatable connection mechanism (3), respectively.
Regarding claim 12, Ye teaches a structure wherein, when the front panel (1) is in the second configuration (Fig. 5), the front panel is arranged vertically above the top surface (201) and a gap is defined (Fig. 5) between the top surface and the horizontal table top (101).
Regarding claim 21, Ye teaches a method for forming a table from a cabinet, comprising: providing a cabinet (Figs. 3-5); and lifting a front panel (1) upwardly in a vertical direction to pivot the front panel from the first configuration (Fig. 3) to the second configuration (Fig. 5) and form the horizontal table top (101).
Regarding claim 25, Ye teaches a back surface (B in Fig. 3 Annotated), wherein: when the front panel (1) is in the first configuration (Fig. 3), an end face (i.e., upper edge of 101, labeled “C” in Fig. 3 Annotated) of the front panel is aligned with the top surface (201); and when the front panel is in the second configuration, the end face of the front panel is aligned with the back surface (implied by Fig. 3, showing the upper edges (D) of the side walls (102) to be coplanar with the end face (C); and Fig. 5, showing the upper edges (D) of the side walls (102) to be coplanar with the back surface (B)).
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Claim Rejections - 35 USC § 103
Claims 1-5, 12-14, & 21-22 are rejected under 35 U.S.C. 103 as being unpatentable over Fricano (5845980).
Regarding claim 1, Fricano teaches the structure substantially as claimed, including a cabinet (10), comprising a top surface (32) and a front side (i.e., front of 31-33) allowing access to an interior of the cabinet (Fig. 3); and a front panel (61-63) having a curved surface (61); but fail(s) to teach a flat surface of a front panel. However, altering the shape of a component has been held to involve only routine skill in the art (MPEP 2144.04). It would have been an obvious design consideration to one of ordinary skill in the art to modify the cabinet of Fricano, with a reasonable expectation of success, by reshaping the front panel to have a flat surface, in order to satisfy user aesthetic preferences, and depending on the desired needs of the person constructing the cabinet (e.g., intended use of the cabinet, aesthetic considerations, compactness, ease of manufacture, etc.). Hence, Fricano as modified would teach a front panel (61-63) having a flat surface (61 - see above) that is larger than the top surface (implied by Fig. 7, showing the distance between the upper & lower edges of the side walls (62-63) to be greater than the depth of the top surface (32)); and wherein the front panel is pivotable between a first configuration (Fig. 6), in which the front panel is a vertical panel closing the front side, and a second configuration (Fig. 7), in which the front panel forms a horizontal table top (61, as modified, which being flat & horizontal, would obviously be capable of serving as a tabletop); and wherein the cabinet is transformable to a table via pivoting the front panel (61-63) from the first configuration to the second configuration (as in Figs. 6-7).
Regarding claim 2, Fricano teaches two outer side panels (31), wherein the front panel (61-63) is attached to the two outer side panels via a rotatable connection mechanism (88).
Regarding claim 3, Fricano teaches a front panel (61-63) that includes two side walls (62-63) each extending externally of and in parallel with the two outer side panels (Fig. 1a); and each of the two outer side panels is connected to one of the two side walls by via the rotatable connection mechanism, respectively (Figs. 1a & 9-10).
Regarding claim 4, Fricano teaches a base (31 & 33), wherein the front panel includes an engagement mechanism (91-92) configured to engage a mating connecting a mechanism (94) disposed on the base (Figs. 9-10).
Regarding claim 5, Fricano teaches a base (31 & 33) that includes two outer side panels (31); the mating connecting mechanism (94) is disposed on at least one of the two outer side panels; at least one internal surface (i.e., inner surface of 62-63) of the front panel (61-63) includes the engagement mechanism (91-92); and the engagement mechanism is further configured to engage the mating connecting mechanism when the front panel is in the second configuration (Figs. 9-10).
Regarding claim 12, Fricano as modified teaches a front panel (61-63) that is arranged vertically above the top surface (32) when in the second configuration (Fig. 7) and a gap is defined between the top surface and the horizontal table top (implied by Fig. 7, which shows a gap between the 61 & 32).
Regarding claim 13, Fricano as modified teaches a structure wherein, when the front panel (61-63) is in the second configuration (Fig. 7), a front edge (75) of the front panel is arranged horizontally in front of a front edge (see Fig. 7) of the top surface (32).
Regarding claim 14, Fricano teaches a front panel (61-63) having a second configuration (Fig. 7). Additionally, the configuring a component to be adjustable has been held to involve only routine skill in the art (MPEP 2144.04). It would have been obvious to one of ordinary skill in the art to make the front panel of Fricano as modified vertically adjustable, with a reasonable expectation of success, in order to allow the front panel to be opened more widely, thereby allowing larger items to be stored in the cabinet. Hence, Fricano as modified would teach a front panel (61-63) that is adjustable to a third configuration in which the front panel forms a horizontal table top at a vertical position that is higher (see above) than a vertical position of the horizontal table top formed when the front panel is in the second configuration (Fig. 7).
Regarding claim 21, Fricano as modified teaches lifting a front panel (61-63) upwardly in a vertical direction to pivot the front panel from a first configuration (Fig. 6) to a second configuration (Fig. 7) and form the horizontal table top (61).
Regarding claim 22, Fricano teaches connecting an engagement provided mechanism (91-92) disposed on an internal surface (i.e., inner surface of 62-63) of a front panel (61-63) with a mating connecting mechanism (94) arranged on an outer side panel (31) of a base (31, 33) of the cabinet.
Claims 6-8, 16-18, 20, & 26 are rejected under 35 U.S.C. 103 as being unpatentable over Fricano (5845980) in view of Reuter (5409308).
Regarding claim 6, Fricano as modified teaches the structure substantially as claimed, including a rotatable connection mechanism (88) having counterbalancing means (105); but fail(s) to teach a damper. However, Reuter teaches the inclusion, in a rotatable connection mechanism (50, 70), of an integrated damper (70). It would have been obvious to one of ordinary skill in the art to substitute a damper, as taught by Reuter, for each of the counterweights of Fricano, with a reasonable expectation of success, in order to reduce the weight of the cabinet while both counterbalancing the door and assisting in its opening, and because such an outcome would have been a predictable result of such a substitution of one known counterbalancing means for another.
Regarding claim 7, Fricano as modified teaches a back surface (41 of Fricano) and a base (31, 33 of Fricano), wherein a horizontal rotational axis (i.e., axis at 82 of Reuter) extends along the back surface (as in Figs. 3-4 of Reuter); and a pivot point (at 82 of Reuter) is arranged in a rear half of a depth of the base (as in Figs. 3-4 of Reuter).
Regarding claim 8, Fricano as modified teaches a base including the top surface (32 of Fricano) and the front side (i.e., front of 31-33 of Fricano); and at least one rotatable connection mechanism (88 of Fricano & 70 of Reuter) adjustably connecting a side wall (62, 63 of Fricano) of the front panel to an outer side panel (31 of Fricano) of the base; wherein the at least one rotatable connection mechanism is pivotably connected to the outer side panel of the base at at least two pivot points (88 of Fricano & 82 of Reuter).
Regarding claim 16, Fricano as modified teaches a front panel (61-63 of Fricano) that includes two side walls (62-63 of Fricano); and the rotatable connection mechanism (88 of Fricano & 70 of Reuter) includes a first arm (one of 70 of Reuter) and a second arm (other of 70 of Reuter) each rotatably connected to one of the two outer side panels (31 of Fricano) and one of the two side walls (as in Figs. 3-4 of Reuter).
Regarding claim 17, Fricano as modified teaches a first arm (one of 70 of Reuter) that includes an extendable member (one of 70 of Reuter).
Regarding claim 18, Fricano as modified teaches an extendable member (one of 70 of Reuter) hat includes a sleeve (72 of Reuter) configured to hold in a non-extended configuration an elongated pin (74 of Reuter); and the elongated pin is at least partly withdrawn from the sleeve (as in Fig. 4 of Reuter) when the front panel (61-63 of Fricano) is in the second configuration (Fig. 7 of Fricano).
Regarding claim 20, Fricano as modified teaches a second arm (other of 70 of Reuter) and a first arm (one of 70 of Reuter) that abuts a supporting pin (82 of Reuter) extending outwardly (implied by Figs. 3-4 of Reuter) from one of the two side panels (31 of Fricano) when the front panel (61-63 of Fricano) is in the second configuration (Fig. 7 of Fricano).
Regarding claim 26, Fricano as modified teaches a cabinet, comprising: a base including a top panel (32 of Fricano), a bottom panel (33 of Fricano), a first outer panel (31 of Fricano), and a second outer panel (31 of Fricano), the first outer panel and the second outer panel each extending between and connecting the top panel and the bottom panel (Fig. 1a of Fricano), a front side (i.e., front of 31-33 of Fricano) of the base allowing access to an interior of the cabinet (Fig. 3 of Fricano); a front panel (61-63 of Fricano, as modified) adjustably connected to the base, the front panel including a main wall (61 of Fricano), a first side wall (62 of Fricano), and a second side wall (63 of Fricano), the first side wall and the second side wall projecting transversely from opposite ends of the main wall (Fig. 3 of Fricano); a first rotatable connection mechanism (88 of Fricano & 70 of Reuter) connecting the first side wall (62 of Fricano) of the front panel to the first outer panel (31 of Fricano) of the base, the first rotatable connection mechanism connected to the first outer panel of the base at at least two pivot points (88 of Fricano & 82 of Reuter); and a second rotatable connection mechanism (88 of Fricano & 70 of Reuter) connecting the second side wall (63 of Fricano) of the front panel to the second outer panel of the base (31 of Fricano), the second rotatable connection mechanism connected to the second outer panel of the base at at least two pivot points (88 of Fricano & 82 of Reuter); wherein the front panel is adjustable to a first configuration (Fig. 6 of Fricano), in which the main wall of the front panel is oriented vertically and closes the front side of the base, and to a second configuration (Fig. 7 of Fricano), in which the main wall of the front panel is oriented horizontally and forms a table top (61 of Fricano, as modified, which being flat & horizontal, would obviously be capable of serving as a tabletop).
Allowable Subject Matter
Claims 9 & 23-24 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.
Response to Arguments
Applicant's arguments filed 12/8/25 have been fully considered but they are not persuasive.
Applicant contends that the drawing objections set forth in the Non-Final Rejection and above are improper, because allegedly, illustration of the mating connection mechanism (cl. 4-5 & 22); and a third configuration of the front panel (cl. 14) “is not necessary for a skilled artisan to understand the subject matter of” claims 4-5, 14, & 22 (Remarks at 8-9). Admittedly, 35 U.S.C. 113 does state, “The applicant shall furnish a drawing where necessary for the understanding of the subject matter sought to be patented” (emphasis added). However, the manner in which this statutory requirement is to be satisfied - that is, the issue of “where” the furnishing of a drawing is “necessary for the understanding of the subject matter sought to be patented” - is addressed by the provisions of 37 CFR 1.83. And the first sentence of 37 CFR 1.83(a) clearly states, “The drawing in a nonprovisional application must show every feature of the invention specified in the claims” (emphasis added). As noted in the drawing objection set forth above, neither the mating connecting mechanism recited in claims 4-5 & 22, nor the third configuration of the front panel recited in claim 14, is shown anywhere in the drawings of the instant application. Objections to the drawings are therefore proper.
Applicant’s remarks do not deny that the drawings omit the mating connecting mechanism recited in claims 4-5 & 22, nor the third configuration of the front panel recited in claim 14. Instead, applicant cites to portions of the written description that allegedly discuss these claimed features (Remarks at 8-9). However, the question is not whether these features of claims 4-5, 14, & 22 have adequate support in the written description. The question is whether these features of claims 4-5, 14, & 22 are shown in the drawings. Although discussions of such features in the written description might be relevant to the former question, they are not germane to the latter. Moreover, even assuming arguendo that the mating connecting mechanism and the third configuration of the front panel are indeed discussed in the written description, this actually cuts against applicant’s argument, because any structural detail that is of sufficient importance to be described in the written description should also be shown in the drawings. See MPEP 608.02(d). Applicant’s argument is therefore unconvincing, and the drawing objections have been maintained.
In response to applicant's argument that the examiner's conclusion of obviousness is based upon improper hindsight reasoning (Remarks at 10), it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant's disclosure, such a reconstruction is proper.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW ING whose telephone number is (571)272-6536. The examiner can normally be reached M-F 8:30 a.m. - 5 p.m.. 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.
/MATTHEW W ING/Primary Examiner, Art Unit 3637