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 grooves (claims 19 and 28-29) and the complementary engagement element (claims 19 and 31) 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 Objections
Claims 16-21, 25, 27-30 and 32 are objected to because of the following informalities:
Claim 16 recites “said at least one module element” which lacks antecedent basis. The examiner believes applicant is intending to reference the “detachably fastened module element”
Claim 16 recites “said carrier profile” which lacks antecedent basis. The examiner believes applicant is intending to reference the “flat rigid profile”
Claim 16 recites “the inherently rigid profile” which lacks antecedent basis. The examiner believes applicant is intending to reference the “flat rigid profile”.
Claims 17-19 and 21 and 23 recite “the rigid profile” which lacks antecedent basis. The examiner believes applicant is intending to reference the “flat rigid profile”.
Claims 18 and 20 recite “said rigid profile” which lacks antecedent basis. The examiner believes applicant is intending to reference the “flat rigid profile”.
Claim 21 recites “the U-shaped housing” which lacks antecedent basis.
Claim 21 recites “the profile” which lacks antecedent basis. The examiner believes applicant is intending to reference the “flat rigid profile”
Claim 25 recites “The assembly according to either claim 23”.
Claim 27 recites “The assembly according to any of claim 23”.
Claims 28-30 recites “The assembly according to any of claim 24”.
Claims 28-29 recite “the lateral end faces of the rigid profile” which lacks antecedent basis.
Claim 32 recites “said engagement element” which lacks antecedent basis. The examiner believes applicant is intending to reference the “complementary engagement element”
Claim 35 recites “The media column according to claim 30” however claim 30 is an assembly.
Claim 35 recites “the gap” which lacks antecedent basis.
Claim 35 recites “the profile” which lacks antecedent basis. The examiner believes applicant is intending to reference the “flat rigid profile”
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“detachably fastened module element” in claims 16, 21 and 23. The specification further describes the element as “module elements 10 consist of an inherently rigid but reversibly deformable material, e.g. aluminium or stainless steel, and preferably have a U-shaped cross-section” (see page 11, lines 3-5 of Applicant’s specification)
“engagement element” in claim 19. The specification further describes the element as “protrusions or latching lugs” (see page 10, line 25 of Applicant’s specification)
“separating element” in claim 28. The specification further describes the element as a “splashback” (see page 15 lines 15 of Applicant’s specification) and is further shown as a visual barrier in Fig. 6 as element 130.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
Claim 35 is 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.
Claim 35 recites the limitation " the air guiding panels are configured to direct the air up through the gap provided in the profile". First, “the gap” in the flat rigid profile of the media column is not referred to anywhere within the claims or specification. Further the limitation “the profile” also lacks antecedent basis, however, the examiner believes that applicant is intending to reference the flat rigid profile first claimed in claim 16. Despite this, the flat rigid profile of the media column in claim 16 has no gaps. Further the air guiding panels introduced in claim 30 and claimed again in claim 35 are positioned above the workbenches and above the media columns since the media column in claims 23-24 are claimed to be adjacent to and move along the rear longitudinal edge of the workbenches and it is directly claimed in claim 30 that the air guiding panels guide the heated air upward. Therefore it is unclear how the air guiding panels can guide the air upward and also into a gap within the flat rigid profile positioned below them. For compact prosecution, the examiner is interpreting the claim as the air guiding panels guiding are configured to direct the air up through a gap formed between the panels and the flat rigid profile of the media column.
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) 16-17, 19-21, 23-26 and 31-33 is/are rejected under 35 U.S.C. 103 as being unpatentable over Alpiger (US 10246877 B1) in view of Walker (US 6668493 B1), Sigg (EP 0800865 A2), Romero (ES 2134719 A1) and Montague (US 5618090 A).
Regarding claim 16, Alpiger teaches of:
A media column for distributing media (Col. 2, lines 16-19, “Additionally, shelves and/or media columns may extend from the longitudinal carrier for making available laboratory media such as technical gases, vacuum, water or electricity”), the media column (1) comprising:
at least one workbench (Fig. 2, 4a and 4b) having a worktop with a rear longitudinal edge (4a and 4b have worktops and the edge along which 4a and 4b are contact is the rear longitudinal edge);
at least one supply line configured to supply media (Fig. 2, 20 is a supply line for supplying media; Col. 4, lines 36-39, “The lower receiving space 18 is preferably configured and adapted to receive supply lines 20, which serve to, for example, supply laboratory media such as technical gases and liquids, as well as, compressed air and vacuum”)
Alpiger fails to explicitly teach:
a carrier body extending in a vertical direction and at least one detachably fastened module element on a front side;
at least one supply line configured to supply media to said at least one detachably fastened module element;
a housing of said at least one detachably fastened module element having a front side with at least one extraction fitting, said extraction fitting being configured to output the media;
said carrier body having a flat rigid profile being elongated in the vertical direction;
a platform, said carrier profile being fastened at a first lower end of said carrier profile on an upper side of a standing platform,
said at least one module element being on the front side of the inherently rigid profile and at a distance from the upper side of the standing platform such that the underside of the housing is vertically adjacent said worktop of said at least one
workbench and the housing protrudes over the worktop perpendicular to the rear longitudinal edge; and
said at least one supply line for the media having flexible line portions configured to be guided in a curved manner from a second upper end of said carrier profile to a ceiling-side supply point of media.
Walker teaches of:
a carrier body (Figs. 1-5, 12) extending in a vertical direction (12 extends in a vertical direction) and at least one fastened module element on a front side (50 is shown to be positioned on all sides of 12);
at least one supply line (44) configured to supply media to said at least one detachably fastened module element (44 supplies gas to 50 via 46);
a housing of said at least one fastened module element (51) having a front side with at least one extraction fitting (the front side of 51 has an extraction fitting 34), said extraction fitting being configured to output the media (Col. 3, lines 1-2, “gas supply assembly 34 includes an outlet housing 36”);
said carrier body having a flat rigid profile being elongated in the vertical direction (Fig. 2, there are multiple flat profiles formed from 12 by any two adjacent corners 14 with panels 22, 24, 26 and 28 between them);
a platform (16), said carrier profile being fastened at a first lower end of said carrier profile on an upper side of a standing platform (all portions of 12 are connected at their lower sides to the upper portion of 16),
said at least one module element being on the front side (see annotated version of Fig. 3 below, the front side of the profile is the recessed portion including the grooves) of the inherently rigid profile (each element 50 is positioned on a front side of each of the profiles as mapped above) and at a distance from the upper side of the standing platform (each 50 is positioned above 16)
The combined teachings can be modified to meet this/these limitation(s) as follows:
replace the plurality of media columns of Alpiger with the media column of Walker and attach the media column of Walker to the carrier 6 of Alpiger
A person of ordinary skill in the art prior to the effective filing date of the claimed invention would have been motivated to make the above modification(s) because:
the media column of Walker provides a modular media column that can have multiple gas outlets per face of the column, allowing for more people to use the column at once increasing the systems efficiency
Sigg teaches of:
at least one detachably fastened module element (Fig. 1, modules 12 are detachable from the carrier 9; ¶ [0030], “Since all vertical branch lines are equipped with hoses, module 12 can be easily disassembled and removed from its holding position. Then the hoses 45 can be removed and the module can be positioned in a different location. It is also possible to retrofit a fitting, and retrofits of the same media can be easily carried out by simply inserting an additional coupling piece into the branch line”)
The combined teachings can be modified to meet this/these limitation(s) as follows:
make 50 of Walker within the combined teachings and all other modules positioned on the media column of Walker detachable
A person of ordinary skill in the art prior to the effective filing date of the claimed invention would have been motivated to make the above modification(s) because:
It would allow for the position of the modules to be rearranged as needed for particular situations improving flexibility of the system
Romero teaches of:
such that the underside of the housing is vertically adjacent said worktop of said at least one workbench (Figs. 2-3, see annotated version of Figs. 2-3 below showing the housing being vertically adjacent the worktop of workbench 1) and the housing protrudes over the worktop perpendicular to the rear longitudinal edge (the housing as mapped above protrudes over 1)
The combined teachings can be modified to meet this/these limitation(s) as follows:
modify the position of the media column of the combined teachings so that 12 of Walker within the combined teachings is flush with the rear longitudinal edge of the workbench in Alpiger as modified resulting in 50 protruding over the worktop of the workbench
A person of ordinary skill in the art prior to the effective filing date of the claimed invention would have been motivated to make the above modification(s) because:
it would allow for the user of the workbench to access the module easily while working at a workbench and would maximize space within the laboratory by positioning the column flush with the rear longitudinal edge of the workbench
Montague teaches of:
said at least one supply line (Fig. 9, 68) for the media having flexible line portions configured to be guided in a curved manner from a second upper end of said carrier profile (Figs. 1 and 8-9, 68 is shown to be flexible and extends from an upper end at 45 of the carrier) extends to a ceiling-side supply point of media (Figs. 1 and 8-9, 68 extends through the upper end at 45 and to a ceiling-side support point at 51).
The combined teachings can be modified to meet this/these limitation(s) as follows:
remove 15 of Walker within the combined teachings and replace it with the articulating arm assembly shown in Fig. 1 of Montague that is connected to the ceiling at 51 and the top of the media column 45 so that in Alpiger as modified the media column of Walker is attached to 6 at its top end and further remove 16 of Walker within the combined teachings and replace it with 14 and 32 of Montague
A person of ordinary skill in the art prior to the effective filing date of the claimed invention would have been motivated to make the above modification(s) because:
it would allow for the media column of the combined teachings to be connected to the ceiling but be moved around the laboratory beyond the space immediately below the carrier 6 of Alpiger, increasing adaptability of the system
Regarding claim 17, the combined teachings teach of the media column according to claim 16, and the combined teachings further teach:
further comprising rollers fixedly attached on an underside of said standing platform (See combination made above, Montague, Fig. 1, 32), and said rollers having a rotation plane parallel with the front side of the rigid profile (32 are typical rollers that pivot about a vertical axis parallel which is parallel to the front side of the rigid profile in the combined teachings; Montague, Col. 3, lines, 43-44, “The base member 14 has mounted therein multi- directional casters 32”).
Regarding claim 19, the combined teachings teach of the media column according to claim 16, and the combined teachings further teach:
further comprising:
grooves at a region of a front side of the rigid profile, said grooves extending in the longitudinal direction of said rigid profile (see annotated version of Fig. 3 of Walker below); and
complementary engagement elements on the housing (see annotated version of Fig. 3 of Walker below, the complementary engagement elements attach to the housing with no fasteners or tools).
The combined teachings fail to explicitly teach:
said housing being latched into the grooves without tools.
Montague teaches of:
said housing being latched into the grooves without tools (Fig. 14, 28 attaches to groove 17 via spring 27 pressing ends 23 and 25 into the groove 17 with no tools)
The combined teachings can be modified to meet this/these limitation(s) as follows:
replace one of the complementary engagement elements of Walker in the combined teachings shown in the annotated version of Fig. 3 below with a spring mounting arrangement as shown in Figs. 14-15 of Montague so that a spring presses an end of the housing 50 of Walker into the groove without tools
A person of ordinary skill in the art prior to the effective filing date of the claimed invention would have been motivated to make the above modification(s) because:
it would improve the flexibility of the system by allowing for quick attachment and detachment of the modules without tools
Regarding claim 20, the combined teachings teach of the media column according to claim 16, and the combined teachings further teach:
wherein said housing of the module elements has a U-shaped cross-section which surrounds the front side of said rigid profile and forms a peripherally closed cavity (Annotated version of Fig. 3 of Walker below, 50 has a U-shaped cross-section and surrounds the front side of the rigid profile as mapped and further forms a closed cavity in which 34/36 is positioned), and said at least one supply line is guided in an interior of the peripherally closed cavity from said second upper end of the carrier body to said extraction fittings (in Walker within the combined teachings, supply lines 40 are guided into the cavity formed by 50 and in the combined teachings extend from second upper end to the extraction fitting 34).
Regarding claim 21, the combined teachings teach of the media column according to claim 16, and the combined teachings further teach:
further comprising:
at least two further module elements detachably attached to the rigid profile (see combination made above with Sigg making all modules of Walker detachable and further see Fig. 1 of Walker, modules 70, 72 and 74) said at least two further module elements being arranged one above the other (70, 72 and 74 are arranged at varying heights), and housings of said at least two further module elements adjoin one another (the modules each adjoin one another via panels 22/24 positioned between them);
and/or a dummy module, having a cross-sectional shape that corresponds to the shape of the U-shaped housing, on the front side of the rigid profile, and said dummy module extending as far as the second upper end of the profile and optically conceals the front side of the inherently rigid profile, and the supply lines.
Regarding claim 23, the combined teachings teach of the media column according to claim 16, and the combined teachings further teach:
An assembly of workbenches for a laboratory, the assembly comprising:
at least one workbench having a worktop with a rear longitudinal edge (Alpiger as modified, Figs. 1-2, 4a and 4b are workbenches with worktops and are adjacent to each other along a rear longitudinal edge);
at least one media column according to claim 16 having said front side of the rigid profile adjacent the rear longitudinal edge of the worktop of the workbench (See rejection of claim 16, the combined teachings teach of a media column with a rigid profile that is positionable around the laboratory of Alpiger and further is capable of being adjacent a rear longitudinal edge of the workbenches);
and said housing of a lowest module element extending above the upper side of the worktop, and said media column being moveable to different positions, in a lateral direction along the rear longitudinal edge of the worktop of the workbench (see rejection of claim 16 above, the combined teachings in view of Romero have the lowest module element positioned above the upper side of the worktop and the combined teachings in view of Montague allow for the media column to be moved to different positions).
Regarding claim 24, the combined teachings teach of assembly according to claim 23, and the combined teachings further teach:
wherein:
said at least one workbench is two workbenches (Alpiger as modified, Fig. 2, 4a and 4b) and said at least one media column is two media columns (Alpiger as modified, there are multiple media columns; Col. 2, lines 16-22, “Additionally, shelves and/or media columns may extend from the longitudinal carrier for making available laboratory media such as technical gases, vacuum, water or electricity. The wall elements, shelves and media columns can be fastened to the longitudinal carrier in a detachable manner and can be freely positioned along the longitudinal carrier.”);
said two workbenches are positioned back-to-back (the workbenches 4a and 4b of Alpiger are arranged back to back) and said two media columns are arranged back-to-back between said two workbenches (the media columns of Alpiger as modified are attached to 6 and are capable of being back-to-back and between the workbenches as they are positioned to be accessible by the users of the two rows of workbenches, the specification of Alpiger refers to the longitudinal carrier as 32 however this is not shown in the figures but it is clear that the longitudinal carrier is intended to be a part of carrier element 6; Col. 5, lines 12-30, “In addition, wall elements can also be readily installed on the longitudinal carrier for spatially dividing the laboratory table row and separating the region of the first and the second walking areas 2a, 2b from one another. Additionally, shelves (not shown in detail) and/or media columns described in the previously cited international patent application (WO2007033821A1) can be fastened to the longitudinal carrier with few manipulations for making laboratory media available, such as, technical gases, a vacuum, water or electricity. To this end at least one longitudinal groove can be preferably formed in the area of the bottom of the longitudinal carrier 32, which groove may extend over the length of the longitudinal carrier. Wall elements and/or shelves and/or media columns can then be freely positioned by associated sliding blocks recessed or secured in the groove with screwing elements in a detachable manner along the carrier 32”);
a clearance distance is arranged between the rear longitudinal edges of the two workbenches and is greater than twice the depth of the rigid profile of the carrier body at a height of the rear longitudinal edges of the worktops (the workbenches of Alpiger as modified are capable of being rearranged within the laboratory and are therefore capable of being positioned with a clearance distance that is greater than twice the depth of the rigid profile of the carrier body of the combined teachings; Col. 5, lines 31-34, “In conjunction with the previously mentioned wall elements, which can be suspended in the area of the imaginary vertical central plane along the table row, the table row can be separated into two discrete table rows 4a, 4b”).
Regarding claim 25, the combined teachings teach of the assembly according to claim 23, and the combined teachings further teach:
wherein the workbench has a framework with two rear bench legs (see annotated version of Fig. 1 of Alpiger below, the workbench 4b is shown to have a rear bench leg and there must be a further rear bench leg mirrored on the other side of 4b in order for the workbench to be adequately supported), and the worktop of the workbench extends, in the horizontal direction, beyond an imaginary connecting line between the two rear bench legs (annotated version of Fig. 1 of Alpiger below, the entire cross-sectional area of the rear bench leg is covered by the worktop of 4b, with the rationale above that there must be a further bench leg mirrored across 4b, the worktop of 4b extends beyond an imaginary line connecting the two rear bench legs), such that a free space results under the rear longitudinal edge of the workbench (annotated version of Fig. 1 of Alpiger below, there is a free space under the rear longitudinal edge of 4b) the standing platform is configured to be moved in the free space in a collision-free manner when the media column is displaced along the rear longitudinal edge (the workbenches of Alpiger are rearrangeable and so are the media columns of the combined teachings, therefore the media columns of the combined teachings are capable of being positioned along the rear longitudinal edge of the workbenches so that the standing platform of the media column is within the free space under the workbench in a collision-free manner)
Regarding claim 26, the combined teachings teach of the assembly according to claim 26, and the combined teachings further teach:
wherein the free space under the worktop is configured to receive an item of laboratory equipment or a piece of furniture to close the free space in the lateral direction (see annotated version of Fig. 1 of Alpiger below, laboratory equipment/furniture is clearly shown in the free space under the workbench 4b).
Regarding claim 31, the combined teachings teach of the media column according to claim 16, and the combined teachings further teach:
wherein the media is selected from the group consisting of gas, liquid, vacuum, power, and communication in a laboratory (Alpiger as modified, Col. 2, lines 16-19, “Additionally, shelves and/or media columns may extend from the longitudinal carrier for making available laboratory media such as technical gases, vacuum, water or electricity.”)
The combined teachings fail to explicitly teach:
said carrier profile is a metal profile.
Montague teaches of:
said carrier profile is a metal profile (Col. 5, lines 7-11, “The various components, features and aspects of the present invention may be made of any suitable materials such as plastic, wood, extruded aluminum, other metal or any other suitable materials. Aluminum extrusions are preferred for the frame components.”)
The combined teachings can be modified to meet this/these limitation(s) as follows:
make the flat rigid profile of the combined teachings out of aluminum
A person of ordinary skill in the art prior to the effective filing date of the claimed invention would have been motivated to make the above modification(s) because:
it would allow for
Regarding claim 32, the combined teachings teach of the media column according to claim 19, and the combined teachings further teach:
wherein said engagement elements are protrusions or latching lugs (see combination made in the rejection of claim 19 above, the engagement elements are protrusions pressed into grooves)
Regarding claim 33, the combined teachings teach of the media column according to claim 21, and the combined teachings further teach of:
wherein the at least two further module elements are configured for mutual different media and/or for electricity (Walker, Col. 3, lines 61-65, “For example, electrical outlets 70 can be positioned at various heights. Telephone jacks 72, and display panels for digital clocks and timers 74 can be conveniently placed along the vertical length of the side panels 22, 24, 26 and 28”)
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Alpiger (US 10246877 B1) in view of Walker (US 6668493 B1), Sigg (EP 0800865 A2), Romero (ES 2134719 A1) and Montague (US 5618090 A) and in further view of Butler (US 8286977 B2).
Regarding claim 18, the combined teachings teach of the media column according to claim 16, however, the combined teachings fail to explicitly teach:
wherein said rigid profile is fastened to a rear side of said standing platform, a front portion of the standing platform opposite said rear side is configured to extend under said worktop of said at least one workbench, and the front side of the rigid profile is configured to rest on said rear longitudinal edge of said worktop.
Butler teaches of:
wherein said rigid profile is fastened to a rear side of said standing platform (Fig. 3, 30 is fastened to a rear side of 26), a front portion of the standing platform opposite said rear side is configured to extend under said worktop of said at least one workbench (the front side of 26 is capable of extending under the worktop of the combined teachings), and the front side of the rigid profile is configured to rest on said rear longitudinal edge of said worktop (see the combination made below).
The combined teachings can be modified to meet this/these limitation(s) as follows:
replace the standing platform of the combined teachings with the standing platform of Butler so that the flat rigid profiles of the combined teachings are positioned at the same location as the connection between 30 and 26 shown in Fig. 3 of Butler and further move the media column of the combined teachings so that it is flush with the rear longitudinal edge of the worktop of the workbenches of Alpiger
A person of ordinary skill in the art prior to the effective filing date of the claimed invention would have been motivated to make the above modification(s) because:
it would allow for the media column of the combined teachings to be positioned immediately adjacent a worktop with the majority of the standing platform being under the worktop, saving space within the laboratory and allowing for the desks and media columns to be arranged more compactly
Claim(s) 22 and 34 is/are rejected under 35 U.S.C. 103 as being unpatentable over Alpiger (US 10246877 B1) in view of Walker (US 6668493 B1), Sigg (EP 0800865 A2), Romero (ES 2134719 A1) and Montague (US 5618090 A) and in further view of Cristell (US 4534147 A).
Regarding claim 22, the combined teachings teach of the media column according to claim 16, and the combined teachings further teach:
wherein said at least one supply line is two or more supply lines (Walker, Figs. 3 and 5, see the plurality of supply lines 44)
The combined teachings fail to explicitly teach:
the media column further comprises connectors connecting at least two flexible portions (120a) of the supply lines, said connectors being movably interconnected in a form-fitting manner around a peripheral of the flexible line portions and/or with a friction in the longitudinal direction of the flexible line portions.
Cristell teaches of:
the media column further comprises connectors (Fig. 2, 24 has a plurality of connectors for each line 30) connecting at least two flexible portions (120a) of the supply lines (Fig. 2, 24 connects a plurality of lines 30) said connectors being movably interconnected in a form-fitting manner around a peripheral of the flexible line portions (the connector 24 interconnects in a form fitting manner around the lines 30) Col. 3, lines 46-55, “Each cable retaining recess in the cable retaining clips is defined by a pair of resilient spring fingers which bend sufficiently to enable mounting of the respective cables, but also biasingly return to their initial positions to prevent accidental removal of the cables. In use, the cable retaining clips are mounted in the subject duct molding at desired spaced intervals. The individual cables then are snapped into the respective recesses to provide a secure and efficient retention of the cables.”) and/or with a friction in the longitudinal direction of the flexible line portions.
The combined teachings can be modified to meet this/these limitation(s) as follows:
add connector 24 of Cristell to the inner surface of the carrier body of Walker within the combined teachings so that they can receive supply lines 44 in a form-fitting manner
A person of ordinary skill in the art prior to the effective filing date of the claimed invention would have been motivated to make the above modification(s) because:
it would improve the cable and supply line management in the system, allowing for easy line tracing for maintenance
Regarding claim 34, the combined teachings teach of the media column according to claim 22, and the combined teachings further teach:
wherein said connectors are cable ties and/or clips (Cristell, 24 is made of a plurality of cable clips).
Claim(s) 27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Alpiger (US 10246877 B1) in view of Walker (US 6668493 B1), Sigg (EP 0800865 A2), Romero (ES 2134719 A1) and Montague (US 5618090 A) and in further view of Luedi (US 20150087218 A1).
Regarding claim 27, the combined teachings teach of the assembly according to claim 23, however, the combined teachings fail to explicitly teach:
wherein the worktop of the workbench has a nose or lip extending in the upwards direction in a region of the rear longitudinal edges, and the nose or lip is configured to deflect an airflow, rising up from the region under the worktop, in the vertical direction.
Luedi teaches of:
wherein the worktop of the workbench has a nose or lip (Fig. 2, 122) extending in the upwards direction in a region of the rear longitudinal edges (122 extends in an upward direction along the rear longitudinal edge 120 if the workbench), and the nose or lip is configured to deflect an airflow, rising up from the region under the worktop, in the vertical direction (see arrows denoting airflow rising from under the worktop being deflected by 122).
The combined teachings can be modified to meet this/these limitation(s) as follows:
replace the workbenches of Alpiger as modified with the workbenches of Luedi
A person of ordinary skill in the art prior to the effective filing date of the claimed invention would have been motivated to make the above modification(s) because:
it would allow for heat generated by computers and laboratory instruments under the workbenches to be guided upward towards the ventilation system positioned at the ceiling of Alpiger
Claim(s) 28-29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Alpiger (US 10246877 B1) in view of Walker (US 6668493 B1), Sigg (EP 0800865 A2), Romero (ES 2134719 A1) and Montague (US 5618090 A) and in further view of Hellwig (US 5277005 A).
Regarding claim 28, the combined teachings teach of the assembly according to claim 24, and the combined teachings further teach:
further comprising longitudinal grooves (Walker, Figs. 2-3, 76)
said longitudinal grooves being formed in the lateral end faces of the rigid profile of the media column (76 is formed in a lateral face of the rigid profile)
The combined teachings fail to explicitly teach:
further comprising longitudinal grooves configured for receiving fasteners for planar separating elements said separating elements are fastened between the rigid profiles of two media columns arranged at a distance from one another, for spatially separating a working region of the laboratory.
Hellwig teaches of:
further comprising longitudinal grooves configured for receiving fasteners for planar separating elements (Figs. 2, 5 and 7 show a longitudinal groove formed in the lateral face of 12 which must be configured to receive some form of fastener for horizontal profiles 14 and 14a which support separating element 50) said separating elements are fastened between the rigid profiles of two media columns arranged at a distance from one another, for spatially separating a working region of the laboratory (50 is fastened between both vertical profiles 12).
The combined teachings can be modified to meet this/these limitation(s) as follows:
between two adjacent media columns within the combined teachings attach two horizontal profiles 14 and 14a to the groove 76 of Walker and further attach separating element 50 to the horizontal profiles 14 and 14a
A person of ordinary skill in the art prior to the effective filing date of the claimed invention would have been motivated to make the above modification(s) because:
it would allow for the articulatable media columns of the combined teachings to form a barrier between the two rows of workbenches 4a and 4b of Alpiger as needed, improving flexibility of the laboratory
Regarding claim 29, the combined teachings teach of the assembly according to claim 24, and the combined teachings further teach:
further comprising longitudinal grooves (Walker, Figs. 2-3, 76)
The combined teachings fail to explicitly teach:
further comprising longitudinal grooves configured for receiving fastening elements for shelves being formed in the lateral end faces of the rigid profile of the media column, said shelves being fastened between the rigid profiles of two media columns arranged at a distance from one another.
Hellwig teaches of:
further comprising longitudinal grooves configured for receiving fastening elements for shelves being formed in the lateral end faces of the rigid profile of the media column (Figs. 2, 5 and 7 show a longitudinal groove formed in the lateral face of 12 which must be configured to receive some form of fastener for horizontal profiles 14 and 14a which act as shelves for various elements), said shelves being fastened between the rigid profiles of two media columns arranged at a distance from one another (14 and 14a are fastened between two vertical profiles 12).
The combined teachings can be modified to meet this/these limitation(s) as follows:
between two adjacent media columns within the combined teachings attach two horizontal profiles 14 and 14a to the groove 76 of Walker
A person of ordinary skill in the art prior to the effective filing date of the claimed invention would have been motivated to make the above modification(s) because:
it would allow for the articulatable media columns of the combined teachings to form shelving between the two rows of workbenches 4a and 4b of Alpiger as needed, improving flexibility of the laboratory
Claim(s) 30 and 35 is/are rejected under 35 U.S.C. 103 as being unpatentable over Alpiger (US 10246877 B1) in view of Walker (US 6668493 B1), Sigg (EP 0800865 A2), Romero (ES 2134719 A1) and Montague (US 5618090 A) and in further view of Frantz (US 11371744 B2).
Regarding claim 30, the combined teachings teach of the assembly according to claim 24, and the combined teachings further teach:
further comprising:
a ventilation assembly (Alpiger as modified, Fig. 2, the ventilation assembly is the system attached to ceiling 12 via 6) that is arranged above the workbenches (Alpiger as modified, ventilation assembly as mapped is above the workbenches 4a and 4b) and has a central combined supply air channel (Alpiger as modifier, 8a and 8b) and air outlet (Alpiger as modified, Col. 4, lines 19-25, “The first air supply conduit 8a has air outlets or exits. The outlets are preferably slot-shaped (not shown in detail) and are arranged on the bottom wall and/or lateral side wall to direct the air toward the walking area. The first air supply conduit 8a may be fastened to the under or bottom sides of the first extension arms 14a. A second air supply conduit 8b, preferably a mirror image to the first air supply conduit 8a”), and an exhaust air channel (Alpiger as modified, 10) arranged above the combined supply air channel and air outlet (10 is arranged above 8a+8b and their respective outlets);
said combined supply air channel and air outlet and said exhaust air channel being arranged above the workbenches on a frame of support profiles (Alpiger as modified, 8a+8b and 10 are arranged above 4a and 4b on frame 6)
The combined teachings fail to explicitly teach:
air guiding panels having panel edges angled in the upwards direction are arranged to the side of the central supply air channel, and air guiding panels are configured to deflect the air, heated under the workbenches by laboratory equipment and/or EDP devices away from the central supply air channel, in an upwards direction, into a room region above the air guiding panels.
Frantz teaches of:
air guiding panels (Figs. 11-13, 232) having panel edges angled in the upwards direction are arranged to the side of the central supply air channel (Fig. 13, 232 is positioned on both sides of 820 and are angled in an upward direction), and air guiding panels are configured to deflect the air, heated under the workbenches by laboratory equipment and/or EDP devices away from the central supply air channel, in an upwards direction, into a room region above the air guiding panels (the guiding panels of Frantz within the combined teachings would be capable of deflecting air heated by laboratory equipment and the upward angle of the panels would deflect the air in an upward direction into a room region above the panels).
The combined teachings can be modified to meet this/these limitation(s) as follows:
attach panels 232 on the left and right sides of 8a+8b at 14a and 14b
A person of ordinary skill in the art prior to the effective filing date of the claimed invention would have been motivated to make the above modification(s) because:
the guiding panels of Frantz are acoustic panels which would absorb sound generated in the laboratory (Col. 8, lines 49-53, “the ceiling panel is an acoustic panel. The acoustic panel can be made from a range of fibers, porous materials including mineral fiber, wood wool, fiberglass, rock wool, sintered metals, foamed polymeric materials, and perforated metals, for example.”)
Regarding claim 35, the combined teachings teach of the media column according to claim 30, and the combined teachings further teach:
wherein said air guiding panels have sound-absorbing plastics foam (Frantz, Col. 8, lines 49-53, “the ceiling panel is an acoustic panel. The acoustic panel can be made from a range of fibers, porous materials including mineral fiber, wood wool, fiberglass, rock wool, sintered metals, foamed polymeric materials, and perforated metals, for example.”) and/or are received on the frame by respective free ends such that they can be folded down about a pivot axis, and the air guiding panels are configured to direct the air up through the gap provided in the profile (see interpretation in the 112(b) rejection above, the flat rigid profile of the combined teachings is attached to 6 of Alpiger as modified and positioned under the air guiding panels of the combined teachings, forming a gap between the flat rigid profile and the air guiding panels, therefore the air guiding panels would be capable of directing air through the gap formed between the flat rigid profile and the air guiding panels).
Annotated Figures
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media_image1.png
757
922
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Annotated Fig. 3 of Walker
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816
981
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Figs. 2-3 of Romero
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613
1030
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Annotated Fig. 1 of Alpiger
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 16 and 23 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 15 and 24 of copending Application No. 18714215 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the reference application are within the scope of the claims of the instant application.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Instant application 18714214
Reference application 18714215
Claim 16:
A media column for distributing media, the media column (1) comprising:
at least one workbench having a worktop with a rear longitudinal edge;
a carrier body extending in a vertical direction and at least one detachably fastened module element on a front side;
at least one supply line configured to supply media to said at least one detachably fastened module element;
a housing of said at least one detachably fastened module element having a front side with at least one extraction fitting, said extraction fitting being configured to output the media;
said carrier body having a flat rigid profile being elongated in the vertical direction;
a platform, said carrier profile being fastened at a first lower end of said carrier profile on an upper side of a standing platform,
said at least one module element being on the front side of the inherently rigid profile and at a distance from the upper side of the standing platform such that the underside of the housing is vertically adjacent said worktop of said at least one
workbench and the housing protrudes over the worktop perpendicular to the rear longitudinal edge; and
said at least one supply line for the media having flexible line portions configured to be guided in a curved manner from a second upper end of said carrier profile to a ceiling-side supply point of media.
Claim 15:
A laboratory assembly, the assembly comprising:
at least one workbench having a rear longitudinal edge and a ventilation system arranged above said workbench, said ventilation system having a central supply air channel being a combined air supply channel and air outlet, and an exhaust air channel above said central-supply air channel, and said ventilation system being received above said workbench on a frame of support profiles;
air guiding panels being arranged on a first and second side of said central- supply air channel, said air guiding panels having panel edges angled in an upwards direction and being configured to deflect air which has been heated under said workbench by laboratory equipment and/or EDP devices; and
a gap arranged along said rear longitudinal edges of said workbench, and the air being guided to rise through said gap away from said central supply air channel in an upwards direction into a room region above said air guiding panels.
Claim 24:
The laboratory assembly according to claim 15, further comprising:
at least one media column with a carrier body that extends in a vertical direction;
at least one module element detachably fastened on a front side of said carrier body, said at least one module element being configured to receive gaseous and/or liquid media supplied via supply lines, and said at least one module element having a housing with a front side;
at least one extraction fitting being received in said front side of said housing, said extraction fitting being configured to output the gaseous and/or liquid media;
said carrier body having a flat rigid profile elongated in the vertical direction, said profile being fastened by a first lower end on an upper side of a standing platform;
said at least one module element being arranged on said front side of said profile at a distance from the upper side of the standing platform such that an underside of said housing is located at a small distance above the worktop of the workbench and the housing protrudes over the worktop; and
said supply lines having flexible line portions configured to be guided in a curved manner from a second upper end of the profile to a ceiling-side supply point for the media.
Claim 25:
The laboratory assembly according to claim 24, wherein the standing platform has rollers on an underside of said standing platform, said rollers having axes of rotation with a rotational plane extending in parallel with the front side of the profile.
Claim 26:
The laboratory assembly according to claim 25, wherein the media column is arranged having the front side of the profile adjacent the rear longitudinal edge of the worktop of a workbench, and the housing of a lowest module element extends above the upper side of the worktop, such that the media column can be moved to different positions in the lateral direction along the rear longitudinal edge of the worktop of the workbench.
Claim 23:
An assembly of workbenches for a laboratory, the assembly comprising:
at least one workbench having a worktop with a rear longitudinal edge;
at least one media column according to claim 16 having said front side of the rigid profile adjacent the rear longitudinal edge of the worktop of the workbench;
and said housing of a lowest module element extending above the upper side of the worktop, and said media column being moveable to different positions, in a lateral direction along the rear longitudinal edge of the worktop of the workbench.
Claim 15:
A laboratory assembly, the assembly comprising:
at least one workbench having a rear longitudinal edge and a ventilation system arranged above said workbench, said ventilation system having a central supply air channel being a combined air supply channel and air outlet, and an exhaust air channel above said central-supply air channel, and said ventilation system being received above said workbench on a frame of support profiles;
air guiding panels being arranged on a first and second side of said central- supply air channel, said air guiding panels having panel edges angled in an upwards direction and being configured to deflect air which has been heated under said workbench by laboratory equipment and/or EDP devices; and
a gap arranged along said rear longitudinal edges of said workbench, and the air being guided to rise through said gap away from said central supply air channel in an upwards direction into a room region above said air guiding panels.
Claim 24:
The laboratory assembly according to claim 15, further comprising:
at least one media column with a carrier body that extends in a vertical direction;
at least one module element detachably fastened on a front side of said carrier body, said at least one module element being configured to receive gaseous and/or liquid media supplied via supply lines, and said at least one module element having a housing with a front side;
at least one extraction fitting being received in said front side of said housing, said extraction fitting being configured to output the gaseous and/or liquid media;
said carrier body having a flat rigid profile elongated in the vertical direction, said profile being fastened by a first lower end on an upper side of a standing platform;
said at least one module element being arranged on said front side of said profile at a distance from the upper side of the standing platform such that an underside of said housing is located at a small distance above the worktop of the workbench and the housing protrudes over the worktop; and
said supply lines having flexible line portions configured to be guided in a curved manner from a second upper end of the profile to a ceiling-side supply point for the media.
Claim 25:
The laboratory assembly according to claim 24, wherein the standing platform has rollers on an underside of said standing platform, said rollers having axes of rotation with a rotational plane extending in parallel with the front side of the profile.
Claim 26:
The laboratory assembly according to claim 25, wherein the media column is arranged having the front side of the profile adjacent the rear longitudinal edge of the worktop of a workbench, and the housing of a lowest module element extends above the upper side of the worktop, such that the media column can be moved to different positions in the lateral direction along the rear longitudinal edge of the worktop of the workbench.
As shown in the table above, claims 15 and 24-26 of the reference application contain all the limitations of claims 16 and 23 of the instant application. The different language underlined in the table is substantially the same and still reads on the limitation of the instant application within the context of the claims. Specifically, “inherently rigid” in claim 16 of the instant application is rejected by the term “rigid profile” in claim 24 of the reference application as a rigid profile would be inherently rigid. Further, the limitation “vertically adjacent” in claim 16 of the instant application is rejected by the limitation “a small distance above” in claim 24 of the reference application as the two limitations result in the same scope.
Conclusion
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/MICHAEL JAMES GIORDANO/Examiner, Art Unit 3762
/HELENA KOSANOVIC/Supervisory Patent Examiner, Art Unit 3762
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