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 .
This is the First Office action on the Merits from the examiner in charge of this application.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Specification
The abstract of the disclosure is objected to because it employs legal terminology, specifically “invention”. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: The “balancing module” of claim 20 is mentioned only once in the specification (Page 7, line 3), but is not described in such a way that one of ordinary skill would understand what a balancing module is. The balancing module appears to be the panel module 21 and will be read as such for purposes of examination.
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 1-20 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.
Regarding claims 1, 3, 6-8, 10, 13, and 15-16, the phrase “in particular” renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention.
Claims 2-20 are indefinite due to dependence upon an indefinite base claim.
Regarding claims 1 and 8, The term “tool-free connection” is a relative term which renders the claim indefinite. The term “tool-free connection” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Page 3, paragraph 3 of the specification describes a tool-free connection may be a form-fit, material fit, or force-fit connection which may be released using an object, such as a pencil. The specification further claims a pencil is not a tool in the sense of the present invention. It is unclear how a pencil, which is an object used to carry out the function of releasing the connection of two parts, is not considered a tool. It is further unclear what may be categorized as a “tool” or “not a tool” in the context of a tool-free connection.
Claims 2-20 are indefinite due to dependence upon an indefinite base claim.
Claim 6 recites the limitation "the plinth module" and “the third frame” in line 5. There is insufficient antecedent basis for these limitations in the claim. The described “plinth module” appears to be the same as the “base module” described in line 2. For the purpose of examination, the “plinth module” of claim 6, 7, and 15 will be read as the “base module”.
Claim 7 and 15 are rejected for their dependence upon claim 1 and for further reciting the limitation “the plinth module”.
Regarding claims 8 and 17, claim 8 recites “wherein the tool-free connection is provided in the form of a plug-in connection and/or in the form of a particularly detachable clip and/or snap-in connection” which provides 3 options for the claimed tool-free connection. However, claim 17 recites a further limitation on of the plug-in connection only. It is unclear how claim 17, which requires a plug-in connection, can depend upon claim 8 when the “tool-free” connection is either a detachable clip or snap-in connection. This renders the claims indefinite.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
(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, 8, and 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Stanitz (U.S. Pat. No. 2464160).
With respect to claim 1, Stanitz discloses a frame system for installation in a piece of work furniture, in particular a piece of sanitary work furniture, comprising a first frame module (Fig. 1, under sink cabinet 1) and a second frame module (base cabinet unit 2), wherein the first and second frame modules each have at least one insertion opening (undersink cabinet 1 has a front opening covered by double doors, base cabinet 2 has a front opening containing drawers 9) for inserting at least one pre-installed functional component for a user (the front openings of 1 and 2 can accommodate insertion of various components), wherein the respective insertion opening has a quadrangular cross-section (Fig. 1 shows cabinets 1 and 2 are rectangular with rectangular openings), and wherein the first and second frame modules (1 and 2) can be fixed to each other by means of a tool-free connection (Figs. 2-4, cabinets 1 and 2 are joined together by locking strip 19 of base cabinet unit 2 and sink flange 7 of under sink cabinet 1).
With respect to claim 4, Stanitz further discloses wherein the first frame module (under sink cabinet 1) and the second frame module (base cabinet unit 2) have a different cross-section with respect to the respective insertion opening (the under sink cabinet 1 has a greater width than base cabinet unit 1. Fig. 1 shows the front opening of under sink cabinet 1, covered by double doors, would be a different width than the width of the opening of base cabinet unit 2 which houses drawers 9).
With respect to claim 8, Stanitz further discloses wherein the tool-free connection (by locking strip 19 of base cabinet unit 2 and sink flange 7 of under sink cabinet 1) is provided in the form of a plug-in connection and/or in the form of a particularly detachable clip and/or snap-in connection (Figs. 2-4, hooked portion 22 is hooked over sink flange 7).
With respect to claim 17, Stanitz further discloses wherein the plug in connection (locking strip 19 with hooked portion 22 is hooked over sink flange 7) can be provided in the form of a U-shaped rebate on one of the two frame modules (hooked portion 22 of locking strip 19 is curved U-shaped, and sink flange 7 also forms a curved U-shape with adjacent flange 6), first and second frame module, which can be slid over an edge of the other of the two frame modules (Col. 4, lines 57-60, “strip 19 has a longitudinally extending angled portion 21, hooked over at 22, so as to embrace and grip the inner edge of sink flange 7 continuously throughout its length”).
Claims 1-3, 5, 9-11, 14, 19, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sheikhi (U.S. Pat. No. 11647832).
With respect to claim 1, Sheikhi discloses a frame system (cabinet assembly 10) for installation in a piece of work furniture, in particular a piece of sanitary work furniture, comprising a first frame module (Fig. 1, left cabinet body 12) and a second frame module (right cabinet body 12), wherein the first and second frame modules each have at least one insertion opening (Figs. 1-4 show both cabinet bodies 12 having a front opening to the interior volume formed by frame 16 and covered by double doors) for inserting at least one pre-installed functional component for a user (Col. 3, lines 29-31, “the cabinet assembly 10 may additionally include any number of shelves or drawers disposed within the interior volume 14”), wherein the respective insertion opening has a quadrangular cross-section (Fig. 3, frame 16 is quadrangular), and wherein the first and second frame modules (left and right cabinet bodies 12) can be fixed to each other by means of a tool-free connection (Figs. 1 and 4, beams 32 have openings 50 “for mounting components to the beam”, therefore left and right cabinet bodies 12 are capable of being fixed together via a “tool-free” connection such as zip ties or thumbscrews through openings 50. The cabinet bodies can further be fixed together via adhesive).
With respect to claim 2, Sheikhi further discloses wherein a third frame module (Fig. 1, counter top) can be fixed to one side of each of the first and second frame modules (Fig. 1, the countertop is capable of being fixed to the top side 44 of top beams 32 of left and right cabinet bodies 12 such as with screws or adhesive), the sides (top sides 44 of top beams 32) of the first and second frame modules (left and right cabinet bodies 12) forming a common plane (Fig. 1 shows left and right cabinet bodies are identical, therefore the top sides 44 of top beams 32 located at the center of the cabinet assembly 10 would form a common plane).
With respect to claim 3, Sheikhi further discloses wherein the third frame module (Fig. 1, counter top) can be fixed to the first and/or second frame module (left and right cabinet bodies 12), in particular to both frame modules, without tools (Fig. 1, the countertop can be fixed to the top side 44 of top beams 32 of left and right cabinet bodies 12 without tools, such as with adhesive).
With respect to claim 5, Sheikhi further discloses wherein the first and second frame modules (left and right cabinet bodies 12) are designed in such a way that they can be arranged next to each other in any desired arrangement along a predeterminable direction (Fig. 1, the cabinet bodies 12 are formed separately, therefore they are capable of being moved relative to each other and arranged on either side of each other).
With respect to claim 9, Sheikhi further discloses wherein at least one cover strip (Fig. 1, brackets 64) can be arranged on at least one of the frame modules (Fig. 14, brackets 64 have latches 67 for connecting to openings 50 of the cabinet body 12).
With respect to claim 10, Sheikhi further discloses wherein the at least one cover strip (bracket 64) can be connected to the at least one frame module (left/right cabinet body 12) in a detachable or non-detachable manner, in particular by means of an adhesive connection (brackets 64 connect to left/right cabinet body 12 via latches 67 which may detach from openings 50. Note that the bracket is capable of non-detachably connecting to the cabinet body via adhesive applied to that bracket).
With respect to claim 11, Sheikhi further discloses wherein one or more fixing elements (openings 50) for fixing the frame modules (left/right cabinet bodies 12) to one another and/or fixing at least one cover strip (bracket 64) are arranged on at least one of the frame modules (openings 50 are located on the sides of beams 32 of the left/right cabinet bodies 12 for mounting components sch as bracket 64 as shown in Fig. 14).
With respect to claim 14, Sheikhi further discloses wherein at least one drawer element and/or a waste separation element and/or a water treatment unit can be arranged in one or more of the frame modules (Col. 3, lines 29-31, “the cabinet assembly 10 may additionally include any number of shelves or drawers disposed within the interior volume 14”. Note that left/right cabinet bodies have open interior volumes capable of housing a waste separation element or a water treatment unit).
With respect to claim 19, Sheikhi further discloses work furniture (Fig. 1, cabinet system 100) comprising the frame system according to claim 1 (cabinet assembly 10 as described in the claim 1 rejection above).
With respect to claim 20 Sheikhi further discloses wherein a balancing module (Fig. 1 shows shelves within interior volume 14) and/or a storage module (Col. 3, lines 29-31, “the cabinet assembly 10 may additionally include any number of shelves or drawers disposed within the interior volume 14”) can be fixed to the work furniture (100) and/or the frame system (10).
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.
Claims 6, 7, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Sheikhi (U.S. Pat. No. 11647832) in view of Van Ry (U.S. Pat. No. 11147375).
With respect to claim 6, Sheikhi discloses wherein fourth frame modules are arranged as base modules (Figs. 1, 13, 17A show the bases of left/right cabinet bodies comprise feet and plinth panels), wherein the base modules can be fixed to one side of first and second frame modules (Figs. 11 and 13, feet/plinth panels are located at the bottom sides of bottom beams 32), wherein the sides of the first and second frame modules form a common plane (Fig. 1 shows left and right cabinet bodies are identical, therefore the bottom sides of bottom beams 32 located at the center of the cabinet assembly 10 would form a common plane), wherein the base modules can be arranged on the opposite side of the third frame module on the first and second frame modules (Note that it is unclear what the “opposite side of the third frame module” is as explained in the 112 rejection above. As best interpreted, the base module (feet/plinth) are arranged on a bottom side of left/right cabinets bodies 12, which is opposite to the top side of the left/right cabinet bodies 12 as shown in Fig. 1).
Sheikhi fails to disclose wherein a fourth frame module is arranged as a base module, wherein the base module can be fixed to one side of each of the first and second frame modules.
Van Ry discloses a cabinet assembly (Figs. 4B and 4C, assembly of cabinets 134a, 134b, 134c) having a fourth frame module arranged as a base module (millwork leveling device 100 with finishing piece 137), the base module (100) can be fixed to one side of each of the first and second frame module (Figs. 4B and 4C, the base module 100 is capable of fixed to an underside of each of the first and second cabinets 134a and 134c).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to replace the feet/plinth of Sheikhi with a leveling device/finishing piece such as taught by Van Ry in order to easily adjust the height of the base, providing a stable and level cabinet assembly.
With respect to claim 7, Sheikhi in view of Van Ry discloses the limitation set forth above. The combination (Van Ry) further discloses wherein the plinth/base module (leveling device 100 with finishing piece 137) has a height adjustment device (leveling posts 104) for height and/or level adjustment (Col. 8 line 66 – Col. 9 line 1, “the height of at least one leveling post 104 may be adjusted by rotating the height adjustment device 112 along threaded rod 110”) and/or a distant adjustment device for adjusting a distance to a surrounding element, in particular a wall.
With respect to claim 15, Sheikhi in view of Van Ry discloses the limitation set forth above. The combination further discloses wherein the plinth/base module (Van Ry, leveling device 100 with finishing piece 137) can be connected to the first and second frame modules (the plinth of Sheikhi, as modified to include leveling device of Van Ry, is connected to the bottoms of left/right cabinet bodies 12) by means of a detachable connection, in particular a screw and/or snap-in connection and/or a non-detachable connection, in particular an adhesive connection (Van Ry, Col. 6, lines 49-50, “an installer may nail, bolt, screw, glue, or otherwise adhere the finishing piece 137 to the plate 106”).
Claims 12 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Sheikhi (U.S. Pat. No. 11647832) in view of Kendall (U.S. Pat. No. 8286452).
With respect to claim 12, Sheikhi discloses the limitation set forth above except wherein the third frame module has a U-shaped cross-section, comprising a base and two lateral legs, wherein the third frame module can be fixed with its base to the first and second frame modules.
Kendall discloses a third frame module (Figs. 6 and 7, worksurface 12) has a U-shaped cross-section, comprising a base (horizontal body 20) and two lateral legs (left and right flanges 26 which carry storage bins 30), wherein the third frame module (12) can be fixed with its base (20) to the first and second frame modules (the bottom of horizontal body 12 contacts the upper surface of left and right laundry appliances 10).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the countertop of Sheikhi to include left and right flanges, such as taught by Kendall, in order to retain and hold the cabinets together (Col. 10, lines 52-53) and to further provide additional surface area for the attachment of auxiliary storage articles, such as bins for storing kitchen utensils.
With respect to claim 13, Sheikhi in view of Kendall discloses the limitation set forth above. The combination further discloses wherein the third frame module (Sheikhi, countertop) has a particularly rectangular recess on the two lateral legs (Kendall, Col. 12, lines 4-6, “the body 20 and the staging bin 30 can be provided with interlocking components, such as a socket and a detent”, Fig. 7 shows the socket and detent would be located at a side of the flange 26. Figs 43-45 show detents 100 and sockets 102 are rectangular shape.)
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Sheikhi (U.S. Pat. No. 11647832) in view of Clark (U.S. Pat. No. 2441563).
With respect to claim 16, Sheikhi discloses the limitation set forth above. Sheikhi further discloses the third frame module (Fig. 1, countertop) is arranged opposite to a rebate on the first and second modules (the countertop is arranged on a top surface of frames 18 of left/right cabinet bodies 12, the top surface of frame 18 having a folded edge rebate as shown in Figs. 3 and 4).
Sheikhi fails to disclose wherein the third frame module has an edge, in particular an upstand, which is oriented perpendicular to the common plane, in particular wherein this is arranged opposite to a rebate of the first and/or second module in the region of the abutment of the third frame module against the first and second frame module.
Clark discloses wherein a third frame module (Fig. 1, countertop) has an edge, in particular an upstand (Fig. 7, rear upstanding backsplash 7), which is oriented perpendicular to the common plane (upstanding backsplash 7 is perpendicular to the horizontal plane of the countertop), in particular wherein this is arranged opposite to the first and/or second module in the region of the abutment of the third frame module against the first and second frame module (Fig. 7 shows the vertical upstanding backsplash is oriented vertically and way from the supporting surface, cabinet side wall 10, of the countertop).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the countertop of Sheikhi to include an upstanding backsplash, such as taught by Clark, in order to close a gap between the cabinet assembly and an adjacent wall, protecting the wall from liquids, grease splatter, or food that may come into contact with the countertop.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Sheikhi (U.S. Pat. No. 11647832) in view of Flowers (U.S. Pat. No. 2542648).
With respect to claim 18, Sheikhi discloses the limitation set forth above except wherein the third frame module has a U-shape rebate which can be slid over an edge of the first and/or second frame module.
Flowers discloses a third frame module (Figs. 1-3, removable top 4) has a U-shape rebate (Figs. 9 and 10, U shape formed by edge portion 10 and flange 9) which can be slid over an edge of a first frame module (Figs. 1-3 shows removable top 10 rotating over the clips 5 of cabinet walls 2, Fig. 10 shows u-shape edge of removable top 2 connected to a clip 5).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the cabinet assembly of Sheikhi to such that the countertop connects to the cabinet bodies via a U-shaped edge and cabinet wall clips, such as taught by Flowers, in order to provide a quick and easy method if installing the countertop to the cabinet bodies, and to further allow easy detachment of the countertop for disassembling and rearranging or relocating the cabinet assembly.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELIZABETH IRENE ARTALEJO whose telephone number is (571)272-4292. The examiner can normally be reached M-F 8-6.
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/E.I.A./Examiner, Art Unit 3637
/MATTHEW W ING/Primary Examiner, Art Unit 3637