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.
Election/Restriction
Restriction to one of the following inventions is required under 35 U.S.C. 121:
I. Claims 1-6, drawn to a table including a worksurface, a leg, a foot, and an adjustable glide supported by the foot for leveling the table, classified in A47B 91/02.
II. Claim 7-20, drawn to a table having a worksurface, first and second side supports, first and second legs, and a tray/door coupled to the underside of the table defining an accessible enclosure area, classified in A47B 21/06.
The inventions are independent or distinct, each from the other because:
Inventions I and II are directed to related products. The related inventions are distinct if: (1) the inventions as claimed are either not capable of use together or can have a materially different design, mode of operation, function, or effect; (2) the inventions do not overlap in scope, i.e., are mutually exclusive; and (3) the inventions as claimed are not obvious variants. See MPEP § 806.05(j). In the instant case, the inventions as claimed can have a materially different design. For example, the table of Group I may have a single pedestal-type leg central to the table and does not require the particulars of Group II including first and second side supports, a second leg, a tray, a door, or a support rail. The table of Group II does not require the particulars of Group I including a foot coupled to the leg, and an adjustable glide supported by the foot for leveling the table. Furthermore, the inventions as claimed do not encompass overlapping subject matter and there is nothing of record to show them to be obvious variants.
Restriction for examination purposes as indicated is proper because all the inventions listed in this action are independent or distinct for the reasons given above and there would be a serious search and/or examination burden if restriction were not required because one or more of the following reasons apply:
The groupings require a different field of search (e.g., searching different classes/subclasses or electronics resources, or employing different search strategies or search queries) and the prior art applicable to one invention would not likely be applicable to another invention. Group I (claims 1-6) would require a broader search in various classification areas relates to vertical supports/furniture feet of planar surfaces (USPC 108), cabinets (USPC 312), and supports (USPC 248).
During a telephone conversation with Sean Van Eysden on 1/12/2026 a provisional election was made without traverse to prosecute the invention of Group I, claims 1-6. Affirmation of this election must be made by applicant in replying to this Office action. Claims 7-20 withdrawn from further consideration by the examiner, 37 CFR 1.142(b), as being drawn to a non-elected invention.
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.
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 1-3 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Rozier (U.S. Pat. No. 5881979).
With respect to claim 1, Rozier discloses a table comprising: a worksurface (Fig. 1, desk 10); a leg (support column 12) coupled to the worksurface (desk 10); a foot (base 13) coupled to the leg (support column 12), the foot configured to support the worksurface above a ground surface (base 13 supports desk 10 in a vertical direction off the ground), the foot having an upper side that faces toward the worksurface (top surface of base 13) and a lower side that is configured to face toward the ground surface (bottom surface of base 13); and an adjustable glide (Fig. 7, leveling glide 21) supported by the foot (Fig. 7, leveling glide 21 is located on the front end 14 of base 13), the adjustable glide (leveling glide 21) being accessible from the upper side of the foot (threaded shaft 22 of leveling glide 21 is accessible through access opening 52 at the top surface of base 13) to axially move the glide relative to the foot and level the table (Col. 5, lines 30-35, “The top of the threaded shaft 22 can be provided with a slot 56… Thus, a screw driver… can be used to extend the leveling glide 21 without having to first lift up on the corner of the desk.”).
With respect to claim 2, Rozier further discloses wherein the adjustable glide (leveling glide 21) includes a pad (foot member 25) positioned adjacent the lower side of the foot (foot member 25 is located below base 13) and configured to engage the ground surface (Col. 3, lines 18-20, “foot member 25 which provides a weight bearing surface between a floor and the support column 12”).
With respect to claim 3, Rozier further discloses wherein the adjustable glide (leveling glide 21) also includes a fastener (threaded shaft 22) coupled to the pad (foot member 25) and extending through the foot (base 13), and wherein the fastener (threaded shaft 22) is rotatable to adjust a position of the pad relative to the foot (Col. 5, lines 30-35, “The top of the threaded shaft 22 can be provided with a slot 56… Thus, a screw driver… can be used to extend the leveling glide 21 without having to first lift up on the corner of the desk.”).
Claims 1-5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kang (U.S. Pub. No. 20160198842).
With respect to claim 1, Kang discloses a table comprising: a worksurface (Fig. 2, upper plate 100); a leg (vertical member 200) coupled to the worksurface (upper plate 100); a foot (horizontal member 300) coupled to the leg (vertical member 200), the foot configured to support the worksurface above a ground surface (horizontal member 300 supports upper plate 100 in a vertical direction off the ground), the foot having an upper side that faces toward the worksurface (top surface of horizontal member 300) and a lower side that is configured to face toward the ground surface (bottom surface of horizontal member 300); and an adjustable glide (leveler 315) supported by the foot (leveler 315 is located at the end of horizontal member 300), the adjustable glide (leveler 315) being accessible from the upper side of the foot (leveler 315 extends above top surface of horizontal member 300) to axially move the glide relative to the foot and level the table (Paragraph 0046, “levelers 315 adjust lengths as the legs screw-coupled thereto are moved up and down through rotary manipulations”).
With respect to claim 2, Kang further discloses wherein the adjustable glide (leveler 315) includes a pad (see modified Fig. 7 below, pad) positioned adjacent the lower side of the foot (horizontal member 300) and configured to engage the ground surface (Fig. 7 shows pads of 315 engaging stairs/ground).
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Modified Fig. 7
With respect to claim 3, Kang further discloses wherein the adjustable glide (leveler 315) also includes a fastener (the threaded shaft of leveler 315 is described in Paragraph 0046 as a leg “screw-coupled” to leveler 315) coupled to the pad (see modified Fig. 7 above, pad) and extending through the foot (horizontal member 300), and wherein the fastener (threaded shaft of leveler 315) is rotatable to adjust a position of the pad relative to the foot (Paragraph 0046 “The levelers 315 adjust lengths as the legs screw-coupled thereto are moved up and down through rotary manipulations, and at this time, the stroke (up and down moving distance) of each leveler 315 has a given size in a range of separating the caster wheel 310 from the floor”).
With respect to claim 4, Kang further discloses wherein the adjustable glide (leveler 315) includes an actuator supported adjacent the upper side of the foot (see modified Fig. 2 below, thumbscrew dial located above horizontal member 300), and wherein the actuator is operable to axially move the glide relative to the foot (thumbscrew dial allows “rotary manipulations” of threaded shaft, which is responsible for up and down movement of the levelers 315 as described in Paragraph 0046).
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Modified Fig. 2
With respect to claim 5, Kang further discloses wherein the actuator is a rotatable dial (see modified Fig. 2 above, thumb screw dial is rotatable with the threaded shaft).
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 6 is rejected under 35 U.S.C. 103 as being unpatentable over Rozier (U.S. Pat. No. 5881979) in view of KR ‘789 (KR 200445789).
With respect to claim 6, Rozier discloses the limitation set forth above. Rozier further discloses the adjustable glide (leveling glide 21) includes a cap (cap 54); and an opening (Fig. 7, access opening 52) configured to receive a tool that is operable to axially move the glide relative to the foot ().
Rozier fails to disclose the cap defining an opening configured to receive a tool that is operable to axially more the glide relative to the foot.
KR ‘789 discloses an adjustable glide (Fig. 6, horizontal adjustment device 100) includes a cap (Fig. 7, closing cap 50) defining an opening (Fig. 3, insertion hole 51 of closing cap 50) configured to receive a tool that is operable to axially move the glide relative to the furniture body (Fig. 7 shows a screw driver tool 60 which is inserted into the insertion hole 51 to rotate rotating shaft 31 and adjust the levelling of the furniture, as described in page 3, paragraph 2 of the translated specification).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the glide cap of Rozier to include an insertion hole such as taught by KR ‘789 with a reasonable expectation of success, in order to allow the insertion of the screwdriver and to further allow the threaded shaft to properly extend through the table base/foot as needed when the base/foot is lowered towards the ground, without requiring the step of removing the separate cap of Rozier further, reducing the likelihood of misplacing the cap piece.
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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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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/E.I.A./Examiner, Art Unit 3637 /DANIEL J TROY/Supervisory Patent Examiner, Art Unit 3637