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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 03/02/2026 was filed is/are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is/are being considered by the examiner.
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.
Claim(s) 5-17 is/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.
Claim 5 recites in last 2 lines recite the limitation “at least a portion of the encircling side surface radially inwardly tapering as it extends toward the terminal end face”. Upon careful reading, as best understood by Examiner, the word “it” in above limitation taken from claim 5 is unclear and ambiguous, because “it” can refer to any of the following elements or limitations, namely, the “threaded hole” or “encircling side surface”, or just “a portion of the encircling side surface”.
Therefore, it is unclear and indefinite as to which of the above elements is referred directly by “it”. Correction is required.
Claim 16 recites as follow “The modular furniture assembly as recited in claim 5, wherein an angling of the tapering of the encircling side surface of the protruding members is based on a height of the leg.” However, it remains unknown and confusing as to what the amount of “angling of the tapering” should be defined as, for any particular height of the leg. Therefore, one having ordinary skill in the art would not be able to arrive at the amount of proper angling of the tapering when given a leg of a specific height. In other words, all that has being claimed for claim 16, is the information on that an amount of angling of tapering is related to height amount of leg, but nothing more. Correction is required.
By virtue of dependency on claim 5, claims 6-17, are likewise also 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.
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 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, or
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 5-6, 13-15, and 18-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gansaw (WO2021099601A1, hereinafter referred to as “Gansaw”).
Regarding claim 5, Gansaw discloses a modular furniture assembly (abstract line 1, modular furniture system) comprising: a first base (Fig 1b, seat base module 16, or alternatively seat base element 24 in Fig 3) comprising a first frame assembly (Fig 12b, 40, or Fig 13, frame portion of 16 encircled with 32) having a top face (Figs 3, 4a, 4b and 12a) and an opposing bottom face (Fig 16); a first upright member (Fig 1b, backrest element 14) removably mounted to the first base (Fig 13, backrest 14 is removably connected to base 16 by means of foot connection element 80) so that the first upright member (14) upstands from the first base (16, Fig 1b); and a connector leg assembly (Figs 8, 20, or Fig 10, 80) being removably coupled to the first frame assembly of the first base (16), the connector leg assembly (20 or 80) comprising: a plate (see annotated image A below) having a top surface and an opposing bottom surface; a leg (Fig 11, 64) outwardly projecting from the bottom surface of the plate (Fig 11); a plurality of spaced apart protruding members (Fig 8, push in region 110) outwardly projecting from the top surface of the plate (Fig 10, multiple 20 projecting from top surface of plate) and each terminating at a terminal end face (top surface in annotated image A below), each of the protruding members further comprising: a threaded hole recessed into the terminal end face (Fig 9b, embedding receptacle 94 recessed into the top surface; english translation copy [0076]: due to mention of corner connection using the 94 with respect to 66, and having mechanical fixation, it is assumed that a 94 hole would have some threading or teeth-like surface features to better secure 66); and an encircling side surface (Figs 8, and annotated image A below, including 108 and also very top tapered region), at least a portion of the encircling side surface radially inwardly tapering as it extends toward the terminal end face (Figs 8 and 9a).
Annotated Image A taken from Gansaw
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Regarding claim 6, Gansaw discloses further comprising: the plurality of spaced apart protruding members (Fig 10, 110) comprising a first protruding member (one of the 110) outwardly projecting from the top surface of the plate and a spaced apart second protruding member (another one of 110) outwardly projecting from the top surface of the plate (Fig 10); the first frame assembly (Fig 13, 16) having a first hole (Fig 13, 32) passing therethrough between the top face and the opposing bottom face (Fig 11), the first protruding member (one of 110) being received within the first hole (32) at the bottom face of the first frame assembly (Fig 13); and the first upright member (14) having a second hole (32) formed thereon (Fig 13), the second protruding member (another 110) being received within the second hole (32) at a lower end thereof (Fig 13).
Regarding claim 13, Gansaw discloses wherein the plurality of spaced apart protruding members comprises at least four spaced apart protruding members outwardly projecting from the top surface of the plate (Fig 10, four sets of 20 being spaced apart by 64, protruding members 110 projecting from top surface of round disk plate of annotated image A above).
Regarding claim 14, Gansaw discloses wherein the at least a portion of the encircling side surface of each of the protruding members has a frustoconical configuration (Figs 8, 9a and 10, at least top portion of 20 has frustoconical configuration).
Regarding claim 15, Gansaw discloses wherein the at least a portion of the encircling side surface of each protruding member tapers at an angle between 8 degrees and 22 degrees relative to a central longitudinal axis passing through each protruding member (see marked-up image C below, angle below is about 20 degrees).
Marked-up Image C taken from Gansaw
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Regarding claim 18, Gansaw discloses a modular furniture assembly (abstract line 1, modular furniture system) comprising: a first base comprising a first frame assembly (abstract line 1, modular furniture system) having a top face and an opposing bottom face (Fig 1b, seat base module 16, or alternatively seat base element 24 in Fig 3); a first upright member (Fig 1b, backrest element 14) removably mounted to the first base (Fig 13, backrest 14 is removably connected to base 16 by means of foot connection element 80) so that the first upright member (14) upstands from the first base (16, Fig 1b); and a connector leg assembly (Figs 8, 20, or Fig 10, 80) removably coupled to the first frame assembly of the first base (16), the connector leg assembly (20/80) comprising: a plate having a top surface and an opposing bottom surface (see annotated image A above); a leg (Fig 11, 64) outwardly projecting from the bottom surface of the plate (Fig 11); and a plurality of spaced apart protruding members (Fig 8, push in region 110) outwardly projecting from the top surface of the plate (Fig 10, multiple 20 projecting from top surface of plate) and each terminating at a terminal end face (annotated image A above), each protruding member comprising: a threaded hole recessed into the terminal end face (Fig 9b, embedding receptacle 94 recessed into the top surface; english translation copy in [0076]: due to mention of corner connection using the 94 with respect to 66, and mechanical fixation functionality overall, it is assumed that hole 94 would have some threading features to better secure 66); and an encircling side surface (Figs 8, and annotated image A above, including 108 and also very top tapered region), at least a portion of the encircling side surface having a frustoconical configuration (Figs 8, 9a and 10, at least top portion of 20 has frustoconical configuration) and radially inwardly tapering as the encircling side surface extends toward the terminal end face (Figs 8 and 9a), wherein the plurality of protruding members (110) are configured to be received within corresponding holes (Fig 13, 32) of the first frame assembly (16) and the first upright member (14) to secure the first upright member (14) to the first base (Fig 13), and wherein the connector leg assembly further comprises a retention interface configured to releasably secure the leg to the plate (see annotated image D below)
Annotated Image D taken from Gansaw
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Regarding claim 19, Gansaw discloses wherein the plurality of spaced apart protruding members comprises at least four spaced apart protruding members outwardly projecting from the top surface of the plate (Fig 10, four sets of 20 being spaced apart by 64, 110 projecting from top surface of round disk plate of annotated image A above).
Regarding claim 20, Gansaw discloses wherein the at least a portion of the encircling side surface of each of the protruding members has a frustoconical configuration (Figs 8, 9a and 10, at least top portion of 20 has frustoconical configuration).
Claim(s) 5-8, 11-13 and 17 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Clabots (US 11457745B1, hereinafter referred to as “Clabots”).
Regarding claim 5, Clabots discloses a modular furniture assembly (abstract line 1) comprising: a first base (Fig 1C, 12) comprising a first frame assembly (Fig 1C, 12A) having a top face (Fig 1B, 18U) and an opposing bottom face (18L); a first upright member (Fig 3A, 42) removably mounted to the first base (12A) so that the first upright member (42) upstands from the first base (Fig 6C); and a connector leg assembly (Fig 1D, 25) being removably coupled to the first frame assembly (12) of the first base, the connector leg assembly (25+104 combined) comprising: a plate having a top surface and an opposing bottom surface (Fig 1D, round disk like part of 25); a leg outwardly projecting from the bottom surface of the plate (Figs 1C and 2C, 104 projecting from bottom surface of round disk parts of 25); a plurality of spaced apart protruding members (top part of 25) outwardly projecting from the top surface of the plate (Fig 1D) and each terminating at a terminal end face, each of the protruding members (25) further comprising: a threaded hole (Fig 1D, 25B) recessed into the terminal end face (at 18L); and an encircling side surface, at least a portion of the encircling side surface radially inwardly tapering as it extends toward the terminal end face (see annotated image B below).
Annotated Image B taken from Clabots
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Regarding claim 6, Clabots discloses further comprising: the plurality of spaced apart protruding members (Fig 1D, two units of 25) comprising a first protruding member (Fig 1D, first one of 25) outwardly projecting from the top surface of the plate (Fig 1D, round disk-like bottom part of 25) and a spaced apart second protruding member (Fig 1D, second one of 25) outwardly projecting from the top surface of the plate (Fig 1D); the first frame assembly (12) having a first hole passing therethrough between the top face and the opposing bottom face (Fig 1D), the first protruding member being received within the first hole at the bottom face of the first frame assembly (Fig 1D); and the first upright member (Fig 3A, 42) having a second hole formed thereon, the second protruding member (25) being received within the second hole (60A, 60B) at a lower end thereof (Fig 4B).
Regarding claim 7, Clabots discloses further comprising: a coupling plate (Figs 2b and 6b, bracket 30) extend between the first hole (40A) of the first frame assembly (Fig 2B, 12) at the top face (Fig 2b, 18L) and an upper end (Fig 3A, 54A) of the second hole (60) of the first upright member (Figs 3A and 6A, 42); a first fastener (Fig 2B, 108) passing through the coupling plate (30) and the first hole (40A) and coupling with the first protruding member (Fig 1D, 25); and a second fastener (108) passing through the coupling plate (30) and the second hole (40B) and coupling with the second protruding member (Fig 2C, another 25).
Regarding claim 8, Clabots discloses further comprising a reinforcing plate (Figs 8C and 8D, 130) disposed on the bottom face of the first frame assembly (18L), the reinforcing plate (130) having a opening (Fig 8C, two openings at ends) extending therethrough that is aligned with the first hole (Fig 8C, for support leg 104) passing through the first frame assembly (12), the first protruding member (Fig 1D, 25) being received within the opening (Fig 8C).
Regarding claim 11, Clabots discloses further comprising: the plurality of spaced apart protruding members (25) comprising a third protruding member outwardly projecting from the top surface of the plate (Fig 6A); and a second base (Fig 6A) comprising a second frame assembly having a top face and an opposing bottom face (Figs 6B and 6C), the second frame assembly having a third hole passing therethrough between a top face and an opposing bottom face thereof (Fig 6B), the third protruding member being received within the third hole at the bottom face of the second frame assembly (Fig 6B).
Regarding claim 12, Clabots discloses further comprising: a coupling plate (Fig 9C, partition 82) extending between the first hole of the first frame assembly at the top face thereof and the third hole of the second frame assembly at the top face thereof (Fig 9C); a first fastener (108) passing through the coupling plate (82) and the first hole and coupling with the first protruding member (Fig 9C, top part of one 25); and a second fastener (108) passing through the coupling plate (82) and the third hole and coupling with the third protruding member (Fig 9C, top part of another 25).
Regarding claim 13, Clabots discloses wherein the plurality of spaced apart protruding members comprises at least four spaced apart protruding members outwardly projecting from the top surface of the plate (Figs 6A and 8A and 9C, more than 4 sets of 25).
Regarding claim 17, Clabots discloses wherein the plurality of spaced apart protruding members (Fig 1D, 25) comprises at least two spaced apart protruding members outwardly projecting from the top surface of the plate (see annotated image B above).
Claim Rejections - 35 USC § 103
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 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 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 16 is rejected under 35 U.S.C. 103 as being unpatentable over Gansaw (WO2021099601A1, hereinafter referred to as “Gansaw”).
Regarding claim 16, Gansaw fails to sufficiently disclose wherein an angling of the tapering of the encircling side surface of the protruding members is based on a height of the leg.
However, modified Gansaw teaches wherein an angling of the tapering of the encircling side surface of the protruding members is based on a height of the leg (Fig 10, existing tapered shape at the top of each 80 and 20, respectively, and along the side of 108 on each protruding member 20, 80 are created by design and for the purpose of easier attachment. Height for 67/64 appears to be dependent upon the overall size of the 20, 80 used. Thus, as a longer length for 20, 80 is used, at least the sloped/tapered angle of 108 would have to be adjusted accordingly)
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Gansaw based on the following rationale: It is obvious that the existing tapered shape at the top of each 80 and 20, respectively, and along the side of 108 on each protruding member 20, 80 for Gansaw is/are created by design and for the purpose of easier attachment. Meanwhile, referring to Fig 10, the height for each 67/64 appears to be dependent upon the overall size of the 20, 80 used. Thus, as a longer length for 20, 80 is used, at least the slope tapered angle of 108 would have to be adjusted accordingly. As a result, above discussions thereby serving as teaching, suggestion, or motivation, in the knowledge generally available to one of ordinary skill in the art to modify Gansaw.
Allowable Subject Matter
Claim 21 is allowed.
Claim(s) 9 and 10 is/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.
None of cited prior art including Gansaw and Clabots, disclose or teach “wherein the reinforcing plate comprises: a plate body disposed on the bottom face of the first frame assembly; a tubular stem projecting from the plate body and being at least partially disposed within the first hole of the frame assembly, the opening passing through the tubular stem” of claim 9. Claim 9 is allowable based upon dependency upon allowable subject matter of claim 10, and “retention interface disposed between the leg and the plate, the retention interface comprising a pin extending from one of the leg or the plate and a corresponding hole formed in the other of the leg or the plate, the pin being received within the corresponding hole to releasably secure the leg to the plate” of claim 21.
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Wright (US 20130074744A1) disclose a modular table system. Nelson (US 20140368010A1) discloses a mounting platform for modular furniture assembly. Mutyala (US 20200187654A1) disclose a modular furniture system. Hollins (US 20160270529A1) disclose furniture legs clinching device. Kuhl (US 20180213943A1) discloses modular sofa construction and assembly. Galijour (US 11378117B1) discloses an apparatus for attaching legs to furniture. Balderi (US 5988077) discloses convertible table leg apparatus.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DING Y TAN whose telephone number is (303)297-4271. The examiner can normally be reached on Monday-Friday, 8:00am MT--5:00pm MT. 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 on 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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/DING Y TAN/Examiner, Art Unit 3632
/TERRELL L MCKINNON/Supervisory Patent Examiner, Art Unit 3632
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