DETAILED ACTION
Response to Arguments
Applicant's arguments filed February 24, 2026 have been fully considered but they are not persuasive. Upon review, the determination was made that the thrust of applicant’s arguments was based upon the horizontal direction in which the sliding holder and support element are displaceable relative to the second lateral wall. The examiner notes the new claimed scope, but points out that EP`283 clearly defines various orientations / displacement directions in which the fitting can be used within an environment. EP`283 shows at least three orientations / directions, namely a vertical orientation / direction (fig. 1), a horizontal orientation / direction (fig. 11) and an oblique orientation / direction (fig. 12) in which the device may operate as dependent upon the needs of an end user. Since the fitting can assume a horizontal orientation, which constitutes a horizontal displacement as shown in fig. 11, the position is taken that the newly added limitations are adequately accounted for in the below rejections and therefore the claimed scope is not novel in view of EP`283 as mapped.
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.
Claims 1, 4-5, 8-9, 15-16 & 22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by EP 0402283. EP`283 teaches of a fitting (fig. 1) for securing a wall-mounted furniture piece {figs. 8-9} to a wall {fig. 3}, wherein the wall-mounted furniture piece comprises a furniture body having at least one base, a lateral wall and a rear wall {shown in figs. 5-9 for instance}, wherein the fitting comprises: a first fitting part (viewed as the combined part of components (1, 2, 3 & 4) for instance – in the sense that applicant’s “part” includes multiple components) having a first lateral wall (such as 3,4) fastenable to the wall and a second lateral wall (such as 1, 2) extending perpendicularly to the first lateral wall; a second fitting part (13) that is fastenable to the wall-mounted furniture piece; a length-adjustable drive unit (the unit being defined by components (10, 11 & 12) for instance), via which the first fitting part and the second fitting part are interconnected (shown clearly in fig. 1); a sliding holder (8) slidably attached to the second lateral wall and horizontally displaceable to the second lateral wall (note fig. 11 orientation with horizontal displacement); and a support element (such as the forward facing (9) as shown in fig. 1) attached to the sliding holder and arranged between the first fitting part and the rear wall, wherein the support element is attached to the first fitting part (shown in fig. 1 as mapped), and wherein the support element is arranged on the sliding holder (fig. 1) and horizontally displaceable with the sliding holder relative to the second lateral wall (note fig. 11 orientation with horizontal displacement). As to Claim 4, the length-adjustable drive unit is an electromechanical lifting column (defined as a low-voltage electric drive cylinder and can be used to slide or lift a furniture piece). As to Claim 5, again, EP`283 teaches of a wall-mounted furniture piece (note the wall mounted furniture piece as shown in figures 6-9 for instance), comprising a furniture body (body of the furniture piece shown) having at least one base (bottom member of the furniture body), at least one lateral wall and a rear wall (left, right & rear walls defining the furniture body as shown in the figures); a fitting (fig. 1) for securing the wall-mounted furniture piece to a wall (note the wall as shown in fig. 3 as one example) arranged on at least one lateral wall, wherein the fitting comprises: a first fitting part (viewed as the combined part of components (1, 2, 3 & 4) for instance – in the sense that applicant’s “part” includes multiple components) having a first lateral wall (such as 3, 4) fastenable to the wall and a second lateral wall (such as 1, 2) extending perpendicularly to the first lateral wall; a second fitting part (13) that is fastenable to the wall-mounted furniture piece; a length-adjustable drive unit (the unit being defined by components (10, 11 & 12) for instance), via which the first fitting part and the second fitting part are interconnected (shown clearly in fig. 1); a sliding holder (8) slideably attached to the second lateral wall and horizontally displaceable relative to the second lateral wall orthogonal to the wall (note fig. 11 orientation with horizontal displacement); and a support element (such as the forward facing (9) as shown in fig. 1) attached to the sliding holder and arranged between the first fitting part and the rear wall, wherein the support element is attached to the first fitting part (shown in fig. 1 as mapped), and wherein the support element is arranged on the sliding holder (fig. 1) and horizontally displaceable with the sliding holder relative to the second lateral wall (note fig. 11 orientation with horizontal displacement). As to Claim 8, the length-adjustable drive unit is an electromechanical lifting column (defined as a low-voltage electric drive cylinder and can be used to slide or lift a furniture piece). As to Claim 9, the sliding holder has a slot extending in a horizontal direction (viewed as either the internal through slot or any of the slots housing (9) for instance) and aligned in a horizontal direction – fig. 11). As to Claim 15, the fitting comprising a scale (can be viewed as the distances between the multiple screw holes along the holder and used as a refence for instance – so far as broadly claimed) on the sliding holder. As to Claim 16, the sliding holder has a slot extending in a horizontal direction (viewed as either the internal through slot or any of the slots housing (9) for instance) and aligned in a horizontal direction – fig. 11). As to Claim 22, the fitting comprising a scale (can be viewed as the distances between the multiple screw holes along the holder and used as a refence for instance – so far as broadly claimed) on the sliding holder.
Allowable Subject Matter
Claims 10-14 & 17-21 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
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 JAMES O HANSEN whose telephone number is (571)272-6866. The examiner can normally be reached Mon-Fri 8 am - 4:30 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Daniel Troy can be reached at 571-270-3742. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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JOH
March 6, 2026
/James O Hansen/Primary Examiner, Art Unit 3637