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 .
Amendment filed 2/22/2026 has been entered. Claims 1-2, 5-6, 8-17 remain pending in the present application.
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: securing mechanism in claim claims 1, 3, 10, 14 and 18.
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. Applicant defines the securing mechanism as including screw or nut threads, adhesives or fastenings of any kind, including glue, hook-and-loop fasteners, and the like as discussed in Paragraph 0023 of the specification.
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.
Claims 1-2, 5-6 and 8-17 are 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.
Re. Cls. 1, 10 and 14, the limitations “a vertical protrusion having a first side vertical protrusion and a second side vertical protrusion,” “the horizontal protrusion has a first side horizontal protrusion…a second side horizontal protrusion” renders the claim indefinite in the Examiner’s position. It is unclear if the Applicant is intending to claim opposite sides of the vertical and horizontal protrusion or if there are separate protrusions which make up these structures. The Examiner will discuss the limitation specifically dealing with claim 1 but it is pointed out that claims 10 and 14 have these issues as well including subsequent support legs. Applicant’s invention as seen in Fig. 1, includes a horizontal protrusion (208) and a vertical protrusion (205). The vertical protrusion has opposing sides which splits the horizontal protrusion in half and results in a left and right half accommodating two pieces of furniture (110 and 120). The way the limitations are currently written, it appears as if the vertical protrusion has separate first and second vertical protrusions and the horizontal protrusion has separate horizontal protrusions. It is suggested that the Applicant amend the limitations in claims 1, 10 and 14 to better align with what is shown in Applicant’s figures.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1, 5-6, 10, 12-14, and 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Nelson US 2022/0000266 (hereinafter Nelson) in view of Ward US 4383397 (hereinafter Ward).
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Re. Cl. 1, Nelson discloses: A system (Fig. 20b) comprising: a first furniture piece (104); a second furniture piece (other 104, Fig. 20b also shown in Fig. 21b), a first securing mechanism (308, Fig. 21a); a support leg (318, 209) having a base (309), a horizontal protrusion installed on the base (318); the horizontal protrusion has a first side horizontal protrusion (left half of 318, Fig. 21a) and a second side horizontal protrusion (right half of 318, Fig. 21a); wherein the first side horizontal protrusion includes a securing hole capable of receiving the first securing mechanism (see Fig. 21a, hole receiving 308 on the left half of 318); wherein the first furniture piece includes a first receptable capable of receiving the first securing mechanism (see Fig. 21b, receptacle in left member 104 which receives 308 as shown); wherein the first furniture piece is installed flush with the first side horizontal protrusion (see Fig. 21b), wherein the second furniture piece is installed flush with the second side horizontal protrusion (see Fig. 20b); wherein the first securing mechanism is threaded through the first securing hole and the first receptacle (see Fig. 21b); wherein the first securing mechanism secures the first furniture piece to the first side horizontal protrusion (see Fig. 21b), wherein the second horizontal protrusion supports the second furniture piece (see Fig. 20b-21b).
Re. Cl. 5, Nelson discloses: at least one of the vertical protrusion, the horizontal protrusion, and the base are rounded (see Fig. 21a, the corners of the horizontal protrusion 318 are rounded and not square).
Re. Cl. 10, Nelson discloses: A system (Fig. 20b) comprising: a first furniture piece (102c); a first securing mechanism (308, Fig. 21a used to fasten into 102c as discussed in Paragraph 0107); a first support leg (318 and 309, Fig. 21a) having a first base (309), a first horizontal protrusion (318) installed on the first base so that the first horizontal protrusion has a first side horizontal protrusion (see Fig. 21a, left half of 318) and a second side horizontal protrusion (se Fig. 21a, right half of 318); wherein the first side horizontal protrusion includes a first securing hole capable of receiving the first securing mechanism (see Fig. 21a, where the 308 used to fasten to 102c penetrates through 318); wherein the first furniture piece includes a first receptacle capable of receiving the first securing mechanism and securing the first furniture piece to the first side horizontal protrusion (see Fig. 20b); a second securing mechanism (308, Fig. 21a used to fasten another 118 into 102c Fig. 2b); a second support leg (318 and 309, Fig. 21a) having a second base (309), a second horizontal protrusion (318) installed on the second base so that the second horizontal protrusion has a third side horizontal protrusion (see Fig. 21b, left half of 318) and a fourth side horizontal protrusion (see Fig. 21a, right half of 318); wherein the third side horizontal protrusion includes a second securing hole capable of receiving the second securing mechanism (see Fig. 21a, where 308 penetrates 318); wherein the first furniture piece includes a second receptable capable of receiving the second securing mechanism and securing the first furniture piece to the second horizontal protrusion (see Fig. 20b); a second furniture piece (104 next to 102c, Fig. 20b) having a third support leg (see Fig. 20b, 118); wherein the second furniture piece is installed flush with the second side horizontal protrusion (see Fig. 20b-21b), flush with the fourth side horizontal protrusion (see Fig. 20b-21b), wherein the first securing mechanism is threaded through the first securing hole and the first receptacle (see Fig. 21a-b); wherein the second securing mechanism is threaded through the second securing hole and the second receptacle (see Fig. 21a-b), wherein the second side horizontal protrusion and the first side horizontal protrusion support the second furniture piece (see Fig. 20b).
Re. Cl. 13, Nelson discloses: the first furniture piece is installed in a vertical direction, and the second furniture piece is installed in a horizontal position (see Fig. 20b, 102 is a vertical upright member and 104 is a horizontal base).
Re. Cl. 14, Nelson discloses: a third securing mechanism (308 of other 118 used to secure to 104, Fig. 20b); wherein the third support leg has a third base (309), a third horizontal protrusion installed on the third base (318) so that the third horizontal protrusion has a fifth side horizontal protrusion (see left half of 318, Fig. 21a) and a sixth side horizontal protrusion (see right half of 318, Fig. 21a); wherein the fifth side horizontal protrusion includes a fifth securing hole capable of receiving the third securing mechanism (see Fig. 21a, where 308 penetrates 318 so that it is secured to 104); wherein the second furniture piece includes a third receptacle capable of receiving the third securing mechanism and securing the second furniture piece to the third horizontal protrusion (see Fig. 20b); a fourth securing mechanism (308 of other 118 used to secure to 104, Fig. 20b); a fourth support leg (318 and 309, Fig. 21a) having a fourth base (309), a fourth horizontal protrusion installed on the fourth base (318); so that the fourth horizontal protrusion has a seventh side horizontal protrusion and a an eighth side horizontal protrusion (see Fig. 21a, left and right halves of 318) wherein the seventh side horizontal protrusion includes a seventh securing hole capable of receiving the fourth securing mechanism (see Fig. 21a, where 308 penetrates); wherein the second furniture piece includes a fourth receptacle capable of receiving the fourth securing mechanism and securing the second furniture piece to the fourth horizontal protrusion (see Fig. 20b, where 104 connects to another 104); a third furniture piece (the “another 104” discussed previously); wherein the third furniture piece is placed on top of the sixth side horizontal protrusion without the third securing mechanism securing the third furniture piece to the sixth side horizontal protrusion; wherein the third furniture piece is placed on top of the eighth horizontal protrusion without the fourth securing mechanism securing the fourth horizontal protrusion (see Fig. 20b-21b, the “another 104” is mounted to 318 not using the securing mechanisms that specifically mount to the first 104; in other words, they use different fasteners 308; Also, as seen in Fig. 21b, the member 104 on the right is placed on the horizontal protrusion without having 308 fully secured and assembled; lastly, it is the Examiner’s position that the device is capable of being used without some of the fasteners 308 by simply not using certain fasteners).
Re. Cl. 17, Nelson discloses: the first furniture piece is installed in a vertical direction (see Fig. 20b, 102c is a vertical upright), the second furniture piece is installed in a horizontal position, and the third furniture piece is installed in a horizontal position (see Fig. 20b, 104s are horizontal bases).
Re. Cls. 1, 6, 10, 12, 14, and 16, Nelson does not disclose a vertical protrusion having a first side vertical protrusion and a second side vertical protrusion installed on the horizontal protrusion, the first side horizontal protrusion and second side horizontal protrusion orthogonal to the vertical protrusion; the first and second furniture pieces are flush with the first/second side vertical protrusion; the first securing mechanism and the first side vertical protrusion secure the first furniture piece to the first side horizontal protrusion; wherein the first securing mechanism and the vertical protrusion prevent rotation of the support leg and prevent the second side horizontal protrusion from being moved so that it no longer supports the second furniture piece (Cl. 1), at least one of the vertical protrusion, the horizontal protrusion, and the base are squared (Cl. 6), a first vertical protrusion having a first side vertical protrusion and a second side vertical protrusion installed on the first horizontal protrusion, the first side horizontal protrusion and second side horizontal protrusion orthogonal to the first side/second side vertical protrusion; a second vertical protrusion having a third side vertical protrusion and a fourth side vertical protrusion installed on the second horizontal protrusion, the third side horizontal protrusion and fourth side horizontal protrusion orthogonal to the third/fourth side vertical protrusion; the second furniture piece are flush with the second/fourth side vertical protrusion; wherein the first securing mechanism and the vertical protrusion prevent rotation of the first support leg and prevent the second side horizontal protrusion from being moved so that it no longer supports the second furniture piece; and wherein the second securing mechanism and the second vertical protrusion prevent rotation of the second support leg and prevent the fourth side horizontal protrusion from being moved so that it no longer supports the second furniture piece (Cl. 10), the first vertical protrusion is in between the first furniture piece and the second furniture piece, and the second vertical protrusion is in between the first furniture piece and the second furniture piece (Cl. 12), a third vertical protrusion having a fifth side vertical protrusion and a sixth side vertical protrusion installed on the third horizontal protrusion; a fourth vertical protrusion having a seventh side vertical protrusion and an eighth side vertical protrusion installed on the fourth horizontal protrusion, the seventh/eighth side horizontal protrusion orthogonal to the fourth vertical protrusion (Cl. 14), the first vertical protrusion is in between the first furniture piece and the second furniture piece, the second vertical protrusion is in between the first furniture piece and the second furniture piece, the third vertical protrusion is in between the second furniture piece and the third furniture piece, the fourth vertical protrusion is in between the second furniture piece and the third furniture piece (Cl. 16). Ward discloses a furniture system (Fig. 16) which includes a support (17) located between two furniture pieces (22, 24). Re. Cls. 1, 10 and 14 Ward discloses the support including a base, horizontal protrusion and a vertical protrusion installed on the horizontal protrusion (see annotated figure 16), wherein the vertical protrusion splits the device in opposing side vertical protrusions installed on the horizontal protrusions (see annotated figure 16); wherein the vertical protrusion is orthogonal to the horizontal protrusion (see Fig. 16); the furniture pieces are flush with the horizontal and vertical protrusions (see 22, 24, being flush with the protrusions as shown). Re. Cl. 6, Ward discloses at least one of the vertical protrusion, the horizontal protrusion, and the base are squared (see annotated figure 16, the vertical protrusion is squared as having square edges). Re. Cl. 12 and 16 Ward discloses the vertical protrusion is in between the first furniture piece and the second furniture piece (see Fig. 16, between 22, 24).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the Nelson horizontal protrusions to include the vertical protrusion of Ward with reasonable expectation of success to provide separation between the pieces of furniture. Such a modification would be useful so that proper placement of the furniture pieces could be achieved since the vertical protrusion would keep the pieces of furniture better aligned so that the respective holes/openings for the fasteners 308 can be used properly.
Re. Cls. 1, 10 and 14, specifically regarding the limitations the securing mechanisms and the vertical protrusion secure the furniture piece to the side horizontal protrusion; the securing mechanism and the vertical protrusion(s) prevent rotation of the support leg(s) and prevent the side horizontal protrusion form being moved so it no longer supports the furniture piece(s), it is the Examiner’s position that the combined Ward in view of Nelson device would provide the claimed function. Specifically, adding in the vertical protrusion of Ward onto the horizontal base (308) of Nelson, splitting the base (308) in left and right halves, would provide additional securement between the supporting legs and furniture pieces. The vertical protrusion would also prevent rotation of the support leg relative to the furniture pieces due to the snug configuration as shown in Fig. 16 of Ward.
Claims 2, 11, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Nelson in view of Ward as applied to claims 1, 3-7, 10, 12-14, 16-18 and 20 above, and further in view of Alee US 6378539 (hereinafter Alee).
Re. Cls. 2, 11, 15 and 19, Nelson does not disclose the securing hole has nut threads that interface with the first securing mechanism (Cl. 2), the first securing hole has first nut threads that interface with the first securing mechanism, and the second securing hole has second nut threads that interface with the second securing mechanism (Cl. 11), and the first securing hole has first nut threads that interface with the first securing mechanism, the second securing hole has second nut threads that interface with the second securing mechanism, the third securing hole has third nut threads that interface with the third securing mechanism, and the fourth securing hole has fourth nut threads that interface with the fourth securing mechanism (Cl. 15). Alee discloses a fastening configuration (Fig. 7) between a securing mechanism (71) and securing hole (67) wherein the securing hole has nut threads that interface with the securing mechanism (Col. 4, Lines 65-67).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the securing holes of Nelson to also be threaded as disclosed by Alee with reasonable expectation of success to provide an added layer of securement between the securing mechanism and the support leg such that the securing mechanisms do not drop out of the securing holes during transportation or assembly.
Claims 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Nelson in view of Ward as applied to claims 1, 3-7, 10, 12-14, 16-18 and 20 above, and further in view of Hermann US 2942923 (hereinafter Hermann).
Re. Cls. 8-9, Nelson in view of Ward would disclose that the first side horizontal protrusion has a first length/shape, the second side horizontal protrusion has a second length/shape but does not disclose the first and second lengths/shapes are not equal. Hermann discloses a support leg (Fig. 3) which includes a horizontal protrusion (10, 11) and base (18), wherein the horizontal protrusion has a first half and a second half (see 10 and 11, Fig. 5) which are of different lengths/shapes (see Fig. 5, 10 is circular and 11 is polygonal and have different lengths).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the shape/length of the Nelson in view of Ward halves to be different with reasonable expectation of success since it has been held obvious to change the shape/configuration of a device absent persuasive evidence that the shape was significant. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966) Please note that in the instant application, Applicant has not disclosed any criticality for the claimed limitations.
Response to Arguments
Applicant's arguments filed 2/22/2026 have been fully considered but they are not persuasive.
Re. Applicant’s argument that the cited prior art of Nelson and Ward does not disclose the limitations in amended claims 1, 5-6, and 8-17, the Examiner disagrees. Applicant asserts that the prior art does not suggest the concept of rotation preventing of the support leg relative to the furniture pieces now amended into claims 1, 10 and 14. While the prior art of record does not specifically mention rotation prevention, it is the Examiner’s position that the combination would function to prevent rotation of the support leg while in use. As discussed above, modifying Nelson to include the vertical protrusion of Ward would provide a vertical barrier between neighboring furniture pieces and the combination of the securing mechanism in Nelson with the vertical barrier of Ward would prevent rotation of the support leg relative to the furniture pieces in the same manner as Applicant’s device. Further, Ward discloses the combination of fasteners (adhesives, screws 8, Fig. 1) in combination with the vertical barrier (see 11, Fig. 1), which would inherently resist rotation of the device relative to the furniture pieces. Therefore, Applicant’s argument has been considered but is not persuasive.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Asplund US 6151765, Balderi US 5988077, Birnbaum US 3983824, Edmondson US 11659934, and Gaijour US 11378117 disclose other known furniture systems presented to the Applicant for their consideration.
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER E GARFT whose telephone number is (571)270-1171. The examiner can normally be reached Monday-Friday 8:00 a.m. to 5:00 p.m..
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Terrell McKinnon can be reached at (571)272-4797. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER GARFT/Primary Examiner, Art Unit 3632