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 as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: guide ridge 52 in at least [0119].
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: “55” in at least Fig. 3b.
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. 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
Claim 18 objected to because of the following informalities: In line 5, the recitation “steps” should be “steps:”. Appropriate correction is required.
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.
Claims 1-23 are rejected under 35 U.S.C. 112(b), as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
With respect to claims 1, 16, and 18: The phrase "plate-like" renders each claim indefinite because the claim includes elements not actually disclosed (those encompassed by "plate-like"), thereby rendering the scope of the claim unascertainable. See MPEP § 2173.05(d).
With respect to claims 2-15, 17, and 19-23: The claims are rejected under 35 U.S.C. § 112(b) via dependency.
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, 5-7, and 12-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 5,370,454 (Domenig).
With respect to claim 1: Domenig discloses a double-walled drawer frame comprising: an inner wall (drawer side wall 15), an outer wall (shaped component 1), and at least one spacer part (filler 13) arranged between the inner wall and the outer wall, wherein the at least one spacer part is shaped substantially plate-like (Fig. 2), and the at least one spacer part can be clamped between at least one first protrusion (one or more of the shoulder 5, rib 11, rib 12, overlap 7, and top leg 4) and at least one second protrusion (one or more of the shoulder 5, rib 11, rib 12, overlap 7, and top leg 4 which is/are not relied upon for the claimed “at least one first protrusion”).
With respect to claim 2: Domenig discloses wherein the outer wall or the inner wall can be or is connected to the inner wall or the outer wall via the at least one first protrusion and/or the at least one second protrusion (shoulder 5 and/or overlap 7 connect the side wall 15 and the component 1).
With respect to claim 3: Domenig discloses wherein: the at least one first protrusion and the at least one second protrusion are arranged either on the outer wall or on the inner wall before the connection of the outer wall to the inner wall (shoulder 5 and rib 11 are on side wall 15 before side wall 15 and component 1 are connected; rib 12, overlap 7, and top leg 4 are on component 1 before component 1 and side wall 15 are connected), and/or the at least one first protrusion and/or the at least one second protrusion projects/project transversely from the inner wall and/or the outer wall (shoulder 5 and/or rib 11 project(s) transversely from side wall 15; rib 12, overlap 7, and/or top leg 4 project(s) transversely from component 1), and/or the at least one first protrusion and/or the at least one second protrusion is/are connected firmly, in particular in one piece, to the inner wall and/or the outer wall, in particular is/are made out of the same sheet metal part as the inner wall and/or the outer wall (shoulder 5 and rib 11 are made in one piece with side wall 15 in Figs. 1-2; side wall 15 made of metal @ col. 4, lines 59-65), and/or the at least one first protrusion and/or the at least one second protrusion extends/extend over the entire length and/or the entire width of the inner wall and/or the outer wall (Fig. 2 shows at least shoulder 5 extending the entire length of side wall 15 and top leg 4 extending the entire length of component 1), and/or the at least one first protrusion and/or the at least one second protrusion forms/form a front face of the double-walled drawer frame (according to the Applicant’s description @ [0094] of what a “front face” is, top leg 4 forms a front face of the long side of component 1), and/or the at least one first protrusion and the at least one second protrusion is/are arranged on two opposite sides, preferably long sides, of the inner wall and/or the outer wall (ribs 11 and 12 are on opposite sides in Fig. 1).
With respect to claim 5: Domenig discloses wherein the at least one spacer part, in the clamped state: rests flat against the inner wall and/or the outer wall, and/or covers at least a quarter of the surface area of the inner wall and/or the outer wall (Fig. 2: filler 13 covers all or substantially all of the surface areas of component 1 and side wall 15).
With respect to claim 6: Domenig discloses wherein the at least one spacer part, in the clamped state, is arranged at a distance from an imaginary plane which is spanned by the points against which the outer wall or the inner wall rests for connection to the inner wall or the outer wall (shoulder 5 and overlap 7 are the points of the component 1 and side wall 15 which rest against each other for connection of component 1 and side wall 15; the “imaginary plane” through shoulder 5 and overlap 7 is at some distance from filler 13 in Fig. 1), preferably wherein the distance is between 0.1 and 0.5 millimeters (this is not required due to the recitation “preferably”).
With respect to claim 7: Domenig discloses wherein the outer wall or the inner wall, in the state when connected to the inner wall or the outer wall, is curved in the direction of the inner wall or the outer wall (the top leg 4 of component 1 is curved in the direction of side wall 15), with the result that the outer wall or the inner wall rests against the clamped at least one spacer part (col. 2, lines 30-34 and col. 3, lines 29-35 disclose component 1 and/or side wall 15 having a “bearing surface” for the filler 13).
With respect to claim 12: Domenig discloses wherein the at least one second protrusion and/or the at least one first protrusion has a stepped shape (for the rejection of claim 12, the catch 6, bottom leg 3, and rib 12 are interpreted as the first or second “protrusion”), preferably (everything following this is not required due to the recitation “preferably”) wherein: the at least one spacer part, in the clamped state, can be arranged against the first step starting from the inner wall or the outer wall, particularly preferably wherein the at least one spacer part rests against a curvature of the at least one first step, and/or the at least one outer wall or inner wall, in the state when connected to the inner wall or outer wall, is arranged on the last, preferably second, step starting from the inner wall or outer wall.
With respect to claim 13: Domenig discloses wherein the at least one second protrusion and/or the at least one first protrusion has at least one suspension ridge (overlap 7 forms a suspension ridge) for suspending the outer wall or the inner wall.
With respect to claim 14: Domenig discloses wherein the outer wall or the inner wall has at least one suspension groove (groove at and/or behind shoulder 5) for suspending the outer wall or the inner wall in the at least one suspension ridge, preferably (everything following this is not required due to the recitation “preferably”) wherein the at least one suspension groove is shaped as a bent end piece of the outer wall or the inner wall.
With respect to claim 15: Domenig discloses a drawer (“the drawer” throughout the specification; see at least Fig. 6) comprising the double-walled drawer frame according to claim 1, preferably (everything following this is not required due to the recitation “preferably”) wherein the drawer has a drawer bottom, a back wall and/or a front panel.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-3, 5-19, and 21-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over EP 2 642 889 B1 (Feuerstein) in view of US 5,370,454 (Domenig).
With respect to claim 1: Feuerstein discloses a double-walled drawer frame (at least drawer side wall 5) comprising: an inner wall (inner wall 5a), an outer wall (outer wall 5b).
Feuerstein does not disclose “and at least one spacer part arranged between the inner wall and the outer wall, wherein the at least one spacer part is shaped substantially plate-like, and the at least one spacer part can be clamped between at least one first protrusion and at least one second protrusion” as claimed.
Domenig discloses a filler 13 that is “at least one spacer part” as claimed. Domenig’s filler 13 is arranged between the inner wall (side wall 15) and the outer wall (shaped component 1), wherein the at least one spacer part is shaped substantially plate-like (at least Fig. 2).
Domenig col. 2, lines 30-39 teach that the addition of the filler 13 stiffens the shaped component 1. Further, due to the locking of shaped component 1 with the side wall 15, the drawer itself will also have increased stability.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Feuerstein’s drawer side wall 5 to have Domenig’s filler 13 between the inner wall 5a and the outer wall 5b, in order to stiffen the wall 5/5a/5b and/or the drawer which includes the wall 5/5a/5b.
See Feuerstein Figs. 5-6 and 8. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have the filler 13 between the pivot bearing 10 and the end section 8 of the inner wall 5a because that is an existing void in the wall 5a that is rectangular in shape, which corresponds with the rectangular shape of the filler 13.
In such a modification, the pivot bearing 10 and the end section 8 of inner wall 5a are the claimed “first protrusion” and “second protrusion” in the claim recitation “and the at least one spacer part can be clamped between at least one first protrusion and at least one second protrusion”.
See Feuerstein Fig. 1. Additionally or alternatively, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have the filler 13 between the hook-shaped portion 18 and the latching part 7b of the outer wall 5b because that is an existing void in the wall 5b that is rectangular in shape, which corresponds with the rectangular shape of the filler 13.
In such a modification, the hook-shaped portion 18 and the latching part 7b of outer wall 5b are the claimed “first protrusion” and “second protrusion” in the claim recitation “and the at least one spacer part can be clamped between at least one first protrusion and at least one second protrusion”.
With respect to claim 2: Feuerstein discloses wherein the outer wall or the inner wall can be or is connected to the inner wall or the outer wall via the at least one first protrusion and/or the at least one second protrusion (walls 5a and 5b are connected via hook-shaped portion 18, latching part 7b, latching receptacle 7a of end section 8, and/or pivot bearing 10).
With respect to claim 3: Feuerstein discloses wherein: the at least one first protrusion and the at least one second protrusion are arranged either on the outer wall or on the inner wall before the connection of the outer wall to the inner wall (hooked-shaped portion 18 and latching part 7b are on wall 5b before connection to wall 5a; latching receptacle 7a and pivot bearing 10 are on wall 5a before connection to wall 5b), and/or the at least one first protrusion and/or the at least one second protrusion projects/project transversely from the inner wall and/or the outer wall (hooked-shaped portion 18 and/or latching part 7b project transversely from wall 5b; latching receptacle 7a and/or pivot bearing 10 project transversely from wall 5a), and/or the at least one first protrusion and/or the at least one second protrusion is/are connected firmly, in particular in one piece, to the inner wall and/or the outer wall, in particular is/are made out of the same sheet metal part as the inner wall and/or the outer wall (See the paragraph of the translation immediately before the claims: hooked-shaped portion 18 and latching part 7b are made in one piece with wall 5b by being bent from the same sheet metal; latching receptacle 7a and pivot bearing 10 are made in one piece with wall 5a by being bent from the same sheet metal), and/or the at least one first protrusion and/or the at least one second protrusion extends/extend over the entire length and/or the entire width of the inner wall and/or the outer wall (hooked-shaped portion 18 and/or latching part 7b extend the entire length of wall 5b; latching receptacle 7a and/or pivot bearing 10 extend the entire length of wall 5a), and/or the at least one first protrusion and/or the at least one second protrusion forms/form a front face of the double-walled drawer frame (according to the Applicant’s description @ [0094] of what a “front face” is, hook-shaped portion 18 forms a front face of wall 5b, pivot bearing 10 forms a front face of wall 5a, and/or end section 8 forms a front face of wall 5a), and/or the at least one first protrusion and the at least one second protrusion is/are arranged on two opposite sides, preferably long sides, of the inner wall and/or the outer wall (pivot bearing 10 and latching receptacle 7a are on opposite long sides of wall 5a).
With respect to claim 5: Domenig discloses wherein the at least one spacer part, in the clamped state: rests flat against the inner wall and/or the outer wall, and/or covers at least a quarter of the surface area of the inner wall and/or the outer wall (Fig. 2: filler 13 covers all or substantially all of the surface areas of component 1 and side wall 15).
With respect to claim 6: Domenig discloses wherein the at least one spacer part, in the clamped state, is arranged at a distance from an imaginary plane which is spanned by the points against which the outer wall or the inner wall rests for connection to the inner wall or the outer wall (shoulder 5 and overlap 7 are the points of the component 1 and side wall 15 which rest against each other for connection of component 1 and side wall 15; the “imaginary plane” through shoulder 5 and overlap 7 is at some distance from filler 13 in Fig. 1), preferably wherein the distance is between 0.1 and 0.5 millimeters (this is not required due to the recitation “preferably”).
With respect to claim 7: Feuerstein, as modified, meets wherein the outer wall or the inner wall, in the state when connected to the inner wall or the outer wall, is curved in the direction of the inner wall or the outer wall (pivot bearing 10 of Feuerstein’s wall 5a curves in the direction of wall 5b), with the result that the outer wall or the inner wall rests against the clamped at least one spacer part (Domenig col. 2, lines 30-34 and col. 3, lines 29-35 disclose component 1 and/or side wall 15 having a “bearing surface” for the filler 13).
With respect to claim 8: Feuerstein discloses wherein the at least one first protrusion and/or the at least one second protrusion has at least one guide groove (Feuerstein Fig. 9a: pivot bearing 10 forms “at least one guide groove” as claimed) for guiding the outer wall or the inner wall, preferably (everything following this is not required due to the recitation “preferably”) wherein the at least one guide groove is shaped as a substantially semicircular bend of a sheet metal part.
With respect to claim 9: Feuerstein discloses wherein a guiding-in surface (one or more of the surfaces indicated by the arrows in the annotated image below) for guiding the outer wall or the inner wall in transverse to the longitudinal direction of the at least one guide groove adjoins the at least one guide groove (the identified surface(s) guide(s) wall 5b in one or more directions transverse to the longitudinal direction of the groove, which is in and out of the image/page), preferably (everything following this is not required due to the recitation “preferably”) wherein the at least one spacer part, in the clamped state, rests against an end edge of the guiding-in surface.
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With respect to claim 10: Feuerstein discloses wherein the outer wall or the inner wall has at least one guide ridge (hook-shaped portion 18 and/or the bends in wall 5b corresponding to pivot bearing 10; alternatively, one or more of the surfaces identified in the annotated image above) for guiding into the at least one guide groove, preferably (everything following this is not required due to the recitation “preferably”) wherein the at least one guide ridge is shaped as a substantially semicircular bend of a sheet metal part, preferably wherein the radius of the at least one bend of the at least one guide groove is larger than the radius of the at least one bend of the at least one guide ridge, and/or the at least one guide ridge is made out of the same sheet metal part as the outer wall or inner wall, preferably out of an end piece of the outer wall or the inner wall.
With respect to claim 11: Feuerstein discloses wherein the double-walled drawer frame comprises at least one holding device (front attachment 2 and/or rear attachment 3) for holding the at least one guide groove on the at least one guide ridge.
With respect to claim 12: Feuerstein discloses wherein the at least one second protrusion and/or the at least one first protrusion has a stepped shape (pivot bearing 10 and hook-shaped portion 18 have a stepped shape in Fig. 9c; latching receptacle 7a and latching part 7b have a stepped shape in Fig. 9b), preferably (everything following this is not required due to the recitation “preferably”) wherein: the at least one spacer part, in the clamped state, can be arranged against the first step starting from the inner wall or the outer wall, particularly preferably wherein the at least one spacer part rests against a curvature of the at least one first step, and/or the at least one outer wall or inner wall, in the state when connected to the inner wall or outer wall, is arranged on the last, preferably second, step starting from the inner wall or outer wall.
With respect to claim 13: Feuerstein discloses wherein the at least one second protrusion and/or the at least one first protrusion has at least one suspension ridge (one of latching receptacle 7a and latching part 7b; or one of pivot bearing 10 and hook-shaped portion 18) for suspending the outer wall or the inner wall.
With respect to claim 14: Feuerstein discloses wherein the outer wall or the inner wall has at least one suspension groove (the other of latching receptacle 7a and latching part 7b or the other of pivot bearing 10 and hook-shaped portion 18) for suspending the outer wall or the inner wall in the at least one suspension ridge, preferably (everything following this is not required due to the recitation “preferably”) wherein the at least one suspension groove is shaped as a bent end piece of the outer wall or the inner wall.
With respect to claim 15: Feuerstein discloses a drawer (“drawer container” in the translation; the description of Fig. 1 mentions a “drawer bottom”, “drawer front panel”, and “drawer rear wall”) comprising the double-walled drawer frame according to claim 1, preferably (everything following this is not required due to the recitation “preferably”) wherein the drawer has a drawer bottom, a back wall and/or a front panel.
With respect to claim 16: Feuerstein, as modified, makes obvious a method for mechanically and/or manually producing a double-walled drawer frame (the modified drawer side wall 5) with an inner wall (inner wall 5a) and an outer wall (outer wall 5b), in particular according to claim 1, wherein the inner wall and/or the outer wall has at least one first protrusion and at least one second protrusion (as identified in the rejection of claim 1), comprising the following method steps, in particular carried out chronologically in the specified order: at least one substantially plate-like, spacer part (filler 13) is clamped between the at least one first protrusion and the at least one second protrusion (clamped between pivot bearing 10 and latching receptacle 7a and/or clamped between hook-shaped portion 18 and latching part 7b), the outer wall is arranged parallel to the inner wall and connected to the inner wall (as shown in Feuerstein Figs. 8-11).
With respect to claim 17: Feuerstein discloses wherein the outer wall and/or the inner wall is/are arranged on the at least one first protrusion and on the at least one second protrusion and connected to the inner wall or the outer wall (wall 5b is arranged on latching receptacle 7a and pivot bearing 10, and is connected to wall 5a; and/or wall 5a is arranged on hook-shaped portion 18 and latching part 7b, and is connected to wall 5b).
With respect to claim 18: Feuerstein, as modified, makes obvious wherein the at least one first protrusion and the at least one second protrusion are arranged on either the outer wall or the inner wall before the connection of the outer wall to the inner wall (hooked-shaped portion 18 and latching part 7b are on wall 5b before connection to wall 5a; latching receptacle 7a and pivot bearing 10 are on wall 5a before connection to wall 5b), with the following method steps providing the outer wall or the inner wall (providing wall 5a or 5b, as in Feuerstein Fig. 1), at least one, in particular substantially plate-like, spacer part (filler 13) is clamped between the at least one first protrusion and the at least one second protrusion and is thus fastened to the outer wall or the inner wall (clamped between pivot bearing 10 and latching receptacle 7a and/or clamped between hook-shaped portion 18 and latching part 7b), providing the inner wall or outer wall (providing wall 5a or 5b, as in Feuerstein Fig. 1), the outer wall is arranged parallel to the inner wall and connected to the inner wall (as shown in Feuerstein Figs. 8-11).
With respect to claim 19: Feuerstein discloses wherein in the case of the connection of the outer wall and the inner wall the following method steps are provided: the two walls are shifted relative to each other in a direction parallel to a longitudinal direction of the walls and/or in a direction transverse to the longitudinal direction (moving wall 5b from the position of Fig. 8 to the position of Fig. 9 is transverse to the longitudinal direction of walls 5a and 5b; and/or moving wall 5b from the position of Fig. 9 to the position of Fig. 11 is transverse to the longitudinal direction of walls 5a and 5b), the two walls are connected to each other in the course of the shifting movement (from not connected in Fig. 8 to partially connected in Fig. 9; and/or from partially connected in Fig. 9 to fully connected in Fig. 11).
With respect to claim 21: Feuerstein discloses wherein the at least one first protrusion and/or the at least one second protrusion has at least one guide groove (pivot bearing 10 forms a groove) and the outer wall or the inner wall has at least one guide ridge (hook-shaped portion 18 forms a guide ridge), with at least one of the following method steps: the at least one guide ridge is arranged in the at least one guide groove (Fig. 9), preferably (everything following this is not required due to the recitation “preferably”) by shifting the two walls relative to each other in a direction transverse to the longitudinal direction of the walls and/or preferably (everything following this is not required due to the recitation “preferably”) such that the at least one guide groove grips around the at least one guide ridge, the at least one guide ridge is shifted in the at least one guide groove in a direction parallel to a longitudinal direction of the walls (this is not required due to the recitation “at least one of the following method steps”, and the prior method step being met by Feuerstein).
With respect to claim 22: Feuerstein discloses wherein the at least one second protrusion and/or the at least one first protrusion has a stepped shape (pivot bearing 10 and hook-shaped portion 18 have a stepped shape in Fig. 9c; latching receptacle 7a and latching part 7b have a stepped shape in Fig. 9b), preferably (everything following this is not required due to the recitation “preferably”) wherein: the at least one spacer part is arranged against the first step starting from the inner wall or the outer wall, particularly preferably wherein the at least one spacer part is arranged against a curvature of the at least one first step, and/or the at least one outer wall or inner wall is arranged on the last, preferably second, step starting from the inner wall or outer wall.
With respect to claim 23: Feuerstein discloses wherein the at least one second protrusion and/or the at least one first protrusion has at least one suspension ridge (one of latching receptacle 7a and latching part 7b; or one of pivot bearing 10 and hook-shaped portion 18) and the outer wall or the inner wall has at least one suspension groove (the other of latching receptacle 7a and latching part 7b or the other of pivot bearing 10 and hook-shaped portion 18), with at least one of the following method steps: the at least one suspension ridge is arranged in the at least one suspension groove (Feuerstein Figs. 8-11), preferably (everything following this is not required due to the recitation “preferably”) by shifting the two walls relative to each other in a direction transverse to the longitudinal direction of the walls and preferably (everything following this is not required due to the recitation “preferably”) such that the at least one suspension groove engages behind the at least one suspension ridge, the at least one suspension ridge is shifted in the at least one suspension groove in a direction parallel to a longitudinal direction of the walls (this is not required due to the recitation “at least one of the following method steps”, and the prior method step being met by Feuerstein).
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over EP 2 642 889 B1 (Feuerstein) in view of US 5,370,454 (Domenig) as applied to claim 1 above, and further in view of US 5,292,120 (Lautenschläger) and WO 2017/154770 A1 (Kikushima).
With respect to claim 4: Domenig remains silent as to the material of filler 13, and therefore does not disclose “wherein the at least one spacer part: is made at least partially, preferably entirely, out of a foam, in particular a polyethylene foam, and/or has a predetermined breaking point, preferably a perforation” as claimed.
Lautenschläger shows it is known in the double-walled drawer frame art to use a variety of foams for the filler between the inner and outer walls of said double-walled drawer frame. E.G., hard foam contributes to strength and soft foam mainly has a noise-dampening action. Lautenschläger cols. 3-4 teach using a rectangular piece of ready-made soft foam. Lautenschläger col. 5, lines 1-3 state that chemically different foams can be used, such as polyurethanes, synthetic rubbers, etc. – depending on the properties desired in the foam-filled piece.
Kikushima Fig. 10 shows a foam Y filling a shelf 10. The 2nd page of the translation of Kikushima discloses the foam Y may be a synthetic resin foam such as polyurethane foam or polyethylene foam. This foam Y may be rigid or semi-rigid.
Lautenschläger shows that one of ordinary skill in the art has the skill and ability to select from various known foams, depending on the desired characteristics and/or material properties of the foam. Kikushima shows that polyethylene foam is known to be used in the furniture art for filling hollow spaces, and to be rigid or semi-rigid.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the filler 13 to be made of polyethylene foam, because that is a known foam filler in the furniture art for providing rigidity or semi-rigidity.
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over EP 2 642 889 B1 (Feuerstein) in view of US 5,370,454 (Domenig) as applied to claim 16 above, and further in view of US 6,493,917 B1 (Sunka) and DE 203 18 380 U1 (Duravit AG).
With respect to claim 20: Domenig does not disclose “wherein the at least one spacer part has a predetermined breaking point, preferably a perforation, preferably wherein the following method steps are carried out before the at least one spacer part is clamped between the at least one first protrusion and the at least one second protrusion: the at least one spacer part is broken along the predetermined breaking point, in particular toollessly, a fraction of the at least one spacer part is used as the spacer part in the following and clamped between the at least one first protrusion and the at least one second protrusion” as claimed.
Sunka Figs. 5-6 and col. 3, lines 30-51 disclose a single plastic sheet board 200 with perforations 202 that allow any combination of individual sections 201 to be broken off. This allows an installer to customize the length and height of the wall sections that are broken off of the board 200.
Duravit AG discloses a sheet 1 with pre-determined breaking lines 3 formed by perforations 6, thereby allowing a user to form wall sections of desired length. This enables use in various sizes of drawers.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the filler 13 to be made of a large section of material having pre-determined breaking points and/or perforations, in order to user to create fillers 13 of different sizes - and thereby be used in drawers of different sizes.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW ROERSMA whose telephone number is (571)270-3185. The examiner can normally be reached M-F 8:00-4:00.
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/ANDREW ROERSMA/Primary Examiner, Art Unit 3637