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/Restrictions
Claims 1-10 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 3/26/2026.
Specification
35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, requires the specification to be written in “full, clear, concise, and exact terms.” The specification is replete with terms which are not clear, concise and exact. The specification should be revised carefully in order to comply with 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112. Examples of some unclear, inexact or verbose terms used in the specification are: “the movement of actuating assembly 215 drives the side panel 202, 204 away from the actuating assembly 215 unless the side panels 202, 205 reaches the locking position from the resting position” on page 27 as well as the failure to define the “locking position” and the “resting position”. See the 112b rejection below.
Further, the specification contains numerous grammatical errors and typographical mistakes, likely resulting from translation from another language, and should be reviewed for clarity.
Claim Objections
The claims are objected to because they include reference characters which are not enclosed within parentheses.
Reference characters corresponding to elements recited in the detailed description of the drawings and used in conjunction with the recitation of the same element or group of elements in the claims should be enclosed within parentheses so as to avoid confusion with other numbers or characters which may appear in the claims. See MPEP § 608.01(m).
Claims 11-20 objected to because of the following informalities:
Claims 11-20 contain numerous grammatical errors and typographical mistakes, likely resulting from translation from another language, and should be reviewed for clarity.
Claim 11 recites “ a collapsible one wire workstation including a storage shelf characterized in that said work station comprising:” which is repetitive and unnecessary. The examiner suggests revising the preamble to recite “a collapsible one wire workstation including a storage shelf, the workstation comprising:”
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.
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 11-20 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.
The term “in close proximity” in claim 11 is a relative term which renders the claim indefinite. The term “in close proximity” 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. It is unclear what degree of separation between the first/second linkage and the actuator satisfies the limitation that they are “in close proximity”.
Claims 12-20 are rejected for depending from claim 1.
Claim 14 recites “wherein the actuating assembly 215 moving the first linkage 218, the second linkage 220, the side panel 202 and 204 in a locking position” which, in addition to being full of grammatical errors, is indefinite because the first and second linkages are part of the actuating assembly 215 and therefore cannot move themselves. For purposes of examination, the claim will be read as the “the actuator is configured to move the first linkage 218, the second linkage 220, the side panels 202 and 204 into a locking position”. Claim 14 is further indefinite for reciting the phrase “locking position”. The “locking position” as described on pages 26-27 of the specification appears to be the same as the “open configuration”. However, it is unclear whether the “locking position” is the same as or different from the “first open configuration” as claimed in claim 1. Therefore, the claim is indefinite. For purposes of examination, the locking position will be interpreted as being the same as the first open position.
Claim 15 similarly recites the limitation "the locking position" in line 15 and is therefore indefinite. Further, there is insufficient antecedent basis for this limitation in the claim.
Claim 16 recited the limitation “the resting position” in line 18. The “resting position” as described on pages 26-27 of the specification appears to be the same as the “closed configuration”. However, it is unclear whether the “resting position” is the same as or different from the “second closed configuration” as claimed in claim 1. Therefore, the claim is indefinite. For purposes of examination, the resting position will be interpreted as being the same as the second closed position.
Claim 18 recites “wherein the actuating assembly 215 pushes the first linkage and the second linkage 220 for transforming from…” which is indefinite because the first and second linkages are part of the actuating assembly 215 and therefore cannot push themselves. For purposes of examination, the claim will be read as the “the actuator is configured to push the first linkage and the second linkage 220 for transforming from…”.
Claim 20 recites “wherein the actuating assembly 215 driving the side panel 202, 204 away unless the side panels 202, 205 reach their locking position from the resting position.” In addition to grammatical errors, it is unclear what is meant by “unless the side panels reach their locking position” therefore the claim is indefinite. For purposes of examination, this limitation will be read as “the actuating assembly is configured to drive the first and second side panels until they reach the locking position”. Further, the claim recites the limitations "their locking position" and “the resting position”. There is insufficient antecedent basis for this limitation in the claim.
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 (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 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 11-12, 14-15, and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Madimenos (U.S. Pat. No. 11419414) and Biggel (U.S. Pat. No. 6048044) in view of DE ‘494 (DE202016003494) in further view of Vaknin (U.S. Pat. No. 8919042).
With respect to claim 11, Madimenos discloses collapsible one wire workstation (Fig. 1, workstation assembly 100) including a storage shelf (Fig. 1, door section 106 includes a shelf) characterized in that said workstation comprising: a first side panel (door section 106) and a second side panel (door section 108) being positioned bilaterally (106 and 108 are positioned on a left side and right side of workstation assembly 100); a central panel (stationary section 104) connecting the first side panel (106) and the second side panel (108) from its edges (Fig. 1, door sections 106 and 108 are connected to edges of stationary section 104 at hinges 196); a tabletop (work surface 114) connecting the first side panel with the second side panel (door sections 106 and 108 have slots 122, 130 for receiving work surface 114 when in a closed position, therefore when closed the door sections are connected via the work surface); a first joint (left hinge 196) connecting the first side panel with the central panel from posterior end (Fig. 1 shows left hinge 196 connects a back end of door section 106 with stationary section 104); a second joint connecting the side panel with the central panel from posterior end (Col. 9, lines 50-51, “a second door section 108 can be rotatably coupled to a second side panel of the stationary section 104 by hinges” with a similar attachment point as door section 106, as shown in Fig. 8. Note that the various embodiments of workstation assemblies are disclosed as being the same the workstation assembly 100 of Fig. 1); and a first open configuration (Fig. 1, open configuration) and a second closed configuration (Fig. 6, closed configuration) wherein, said configurations are convertible from second configuration to first configuration and first configuration to second configuration (door sections 106 and 108 can move between the open and closed configurations of Fig. 1 and Fig. 6).
Madimenos fails to disclose a footrest being fixedly connected to the central panel and positioned exactly parallel and below the tabletop.
Biggel discloses a footrest (Fig. 1, reinforcing board 30 which can be used as a foot rest as stated in Col. 4, lines 50-51) being fixedly connected to a panel (sidewall 4) and positioned exactly parallel and below a tabletop (desk surface 21).
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 stationary section 104 of Madimenos to include a reinforcing wall/foot rest, such as taught by Biggel, with a reasonable expectation of success in order to provide improved ergonomic support to a user sitting at the desk.
The combination fails to disclose an actuating assembly transforming the configuration of the workstation; the actuating assembly including an actuator positioned inside the central panel, a first linkage positioned on the first side panel and in close proximity to the actuator, a second linkage positioned on the second side panel and in close proximity to the actuator, and a third linkage positioned on the central panel.
DE ‘494 discloses an actuating assembly (Fig. 3, Abstract “guide linkage” as shown in Fig. 3) transforming the configuration of a cabinet (Abstract, storage box 1 consists of “two door elements (5, 6) which… can be moved synchronously into an open or closed position via a guide rod”); the actuating assembly including an actuator (Paragraph 0026, “an electronic opening and closing mechanism could be provided. For this purpose, the guide rail would need to be equipped with a linear motor which moves the sliding element 21 back and forth within the guide rail 20”) positioned inside the central panel (Fig. 2, “guide linkage” is positioned within the main body of storage box 1. Note that the “side panels” as claimed are not flat panel structures, they are cabinet-like bodies made of multiple panel-type elements, therefore “inside the central panel” as claimed may be anywhere inside a central cabinet-like body made of multiple panel-type elements), a first linkage (strut 14) positioned on a first side panel (door element 5) and in close proximity to the actuator (strut 14 is located near an end of the guide rail that includes the linear motor), a second linkage (strut 15) positioned on the second side panel (door element 6) and in close proximity to the actuator (strut 15 is located near an end of the guide rail that includes the linear motor), and a third linkage (sliding body 21) positioned on the central panel (Fig. 3, sliding body 21 is positioned on roof 2 of the main body of storage box 1).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention have modified the workstation assembly of Madimenos in view of Biggel such that the door sections include a motorized guide linkage, such as taught by DE ‘494, with a reasonable expectation of success in order to easily and synchronically open the door sections without requiring a user to use both hands (DE ‘494, Paragraph 0007).
The combination (Madimenos) further discloses a function panel (button or switch for controlling light as described in Col. 9, lines 31-34) but fails to disclose the function panel is positioned on the first side panel.
Vaknin discloses a function panel (Fig. 11, “internal control panel”) for motorized doors (Abstract, “the motorized driver configured to slidably move the slab between an open position and a closed position”) positioned on a first side panel (Col. 14, lines 61-65, “the internal control panel is operably coupled to the first or second closure slab frame or a portion thereof… motion circuitry carried by the internal controlled panel”).
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 light button/switch of Madimenos in view of Biggel in further view of DE ‘494 such that it is an internal control panel provided on the first door section, such as taught by Vaknin, with a reasonable expectation of success in order to provide an easily accessible user interface for inputting controls for various functions such as lighting and motion control (Col. 7, lines 27-56) upon opening or closing the door.
With respect to claim 12, Madimenos and Biggel in view of DE ‘494 in further view of Vaknin discloses the limitation set forth above. The combination (Madimenos) further discloses wherein the tabletop (work surface 114) is fixedly connected with the central panel along the X-Axis (Fig. 1 shows work surface 114 is fixed to stationary section 104 along its edges).
With respect to claim 14, Madimenos and Biggel in view of DE ‘494 in further view of Vaknin discloses the limitation set forth above. The combination further discloses wherein the actuator of actuating assembly (DE ‘494, “guide linkage” linear motor) is configured to move the first linkage (DE ‘494, strut 14), the second linkage (DE ‘494, strut 15), the first and second side panels (Madimenos, door sections 106 and 108) into a locking position (the motorized “guide linkage” of DE ‘494 as included on the workstation assembly 100 of Madimenos would hold the door section 106 and 108 in an open position as shown in Fig. 2 of DE ‘494 and Fig. 1 of Madimenos).
With respect to claim 15, Madimenos and Biggel in view of DE ‘494 in further view of Vaknin discloses the limitation set forth above. The combination further discloses wherein in the locking position of the workstation (Madimenos, open/locking configuration of Figs. 1 and 8), the first side panel (door section 106), the central panel (stationary section 104), and the second side panel (door section 108) form a C-shape (see annotated Fig. 8 below, from a bird’s-eye view a C-shape is formed by the door sections 106 (806) and 108 (808) and stationary section 104 (804)).
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Annotated Fig. 8
With respect to claim 18, Madimenos and Biggel in view of DE ‘494 in further view of Vaknin discloses the limitation set forth above. The combination further discloses wherein the actuator of the actuating assembly (DE ‘494, “guide linkage” linear motor) is configured to push the first linkage (DE ‘494, strut 14) and the second linkage (DE ‘494, strut 15) for transforming from the first open configuration to second close configuration (DE ‘494, struts 14 and 15 are driven forward to allow the doors to open) and pulls the linkages for transforming to the second close configuration from the first open configuration (DE ‘494, struts 14 and 15 are pulled back to allow doors to close).
With respect to claim 19, Madimenos and Biggel in view of DE ‘494 in further view of Vaknin discloses the limitation set forth above. The combination further discloses wherein the function panel (Vaknin, “internal control panel”) includes a power button (As described in Col. 7, lines 27-34 and shown in Fig. 11, “open” button), a pre-set button (“lock” button), and a pair of navigation buttons (“close” button and direction button) for operating the workstation electro-mechanically (Col. 10, lines 46-51, “Upon receipt of a command from a command and control module (CCM), in electronic communication with the drivetrain(s)… movement of the first drivetrain in one direction can be initiated”).
With respect to claim 20, Madimenos and Biggel in view of DE ‘494 in further view of Vaknin discloses the limitation set forth above. The combination further discloses wherein the actuating assembly (DE ‘494, “guide linkage”) is configured to drive the first and second sides panels away until the side panels reach their locking position from the resting position (DE ‘494, struts 14 and 15 are driven forward to allow the doors to open to the position as shown in Fig. 1 of Madimenos).
Claims 11, 13, and 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Madimenos (U.S. Pat. No. 11419414) and Biggel (U.S. Pat. No. 6048044) in view of DE ‘284 (DE202010008284) in further view of DE ‘787 (DE202016003787).
With respect to claim 11, Madimenos discloses collapsible one wire workstation (Fig. 1, workstation assembly 100) including a storage shelf (Fig. 1, door section 106 includes a shelf) characterized in that said workstation comprising: a first side panel (door section 106) and a second side panel (door section 108) being positioned bilaterally (106 and 108 are positioned on a left side and right side of workstation assembly 100); a central panel (stationary section 104) connecting the first side panel (106) and the second side panel (108) from its edges (Fig. 1, door sections 106 and 108 are connected to edges of stationary section 104 at hinges 196); a tabletop (work surface 114) connecting the first side panel with the second side panel (door sections 106 and 108 have slots 122, 130 for receiving work surface 114 when in a closed position, therefore when closed the door sections are connected via the work surface); a first joint (left hinge 196) connecting the first side panel with the central panel from posterior end (Fig. 1 shows left hinge 196 connects a back end of door section 106 with stationary section 104); a second joint connecting the side panel with the central panel from posterior end (Col. 9, lines 50-51, “a second door section 108 can be rotatably coupled to a second side panel of the stationary section 104 by hinges” with a similar attachment point as door section 106, as shown in Fig. 8. Note that the various embodiments of workstation assemblies are disclosed as being the same the workstation assembly 100 of Fig. 1); and a first open configuration (Fig. 1, open configuration) and a second closed configuration (Fig. 6, closed configuration) wherein, said configurations are convertible from second configuration to first configuration and first configuration to second configuration (door sections 106 and 108 can move between the open and closed configurations of Fig. 1 and Fig. 6).
Madimenos fails to disclose a footrest being fixedly connected to the central panel and positioned exactly parallel and below the tabletop.
Biggel discloses a footrest (Fig. 1, reinforcing board 30 which can be used as a foot rest as stated in Col. 4, lines 50-51) being fixedly connected to a panel (sidewall 4) and positioned exactly parallel and below a tabletop (desk surface 21).
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 stationary section 104 of Madimenos to include a reinforcing wall/foot rest, such as taught by Biggel, with a reasonable expectation of success in order to provide improved ergonomic support to a user sitting at the desk.
The combination fails to disclose an actuating assembly transforming the configuration of the workstation; the actuating assembly including an actuator positioned inside the central panel, a first linkage positioned on the first side panel and in close proximity to the actuator, a second linkage positioned on the second side panel and in close proximity to the actuator, and a third linkage positioned on the central panel.
DE ‘284 discloses an actuating assembly (door opening assembly as shown in Figs. 1-4) transforming the configuration of a cabinet (cabinet body 2); the actuating assembly including an actuator (Fig. 2, spring element 8a, 8b) positioned inside the central panel (Fig. 1, spring element 8a, 8b is positioned within the cabinet body 2. Note that the “side panels” as claimed are not flat panel structures, they are cabinet-like bodies made of multiple panel-type elements, therefore “inside the central panel” as claimed may be anywhere inside a central cabinet-like body made of multiple panel-type elements), a first linkage (see annotated Fig. 3 below, left linkage) positioned on a first side panel (push rod 6 of left linkage is positioned on left swing door 3) and in close proximity to the actuator (left linkage is located near spring element 8a, 8b), a second linkage (see annotated Fig. 3 below, right linkage) positioned on the second side panel (push rod 6 of right linkage is positioned on right swing door 3) and in close proximity to the actuator (right linkage is located near spring element 8a, 8b), and a third linkage (Fig. 3, connecting element 5) positioned on the central panel (Fig. 1, connecting element 5 is positioned within ceiling 2b).
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Annotated Fig. 3
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention have modified the workstation assembly of Madimenos in view of Biggel such that the door sections include a door opening assembly, such as taught by DE ‘284, with a reasonable expectation of success in order to easily and synchronically open the door sections without requiring a user to use both hands (DE ‘284, Paragraph 30).
The combination (Madimenos) further discloses a function panel (button or switch for controlling light as described in Col. 9, lines 31-34) but fails to disclose the function panel is positioned on the first side panel.
DE ‘787 discloses a cabinet (Fig. 1, cabinet body 13) having a function panel (remote control 9 “for controlling all functional components” (Paragraph 0014)) is positioned on a first side panel (first cabinet door 1 has a recess 8 for receiving the remote control).
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 light switch/button of Madimenos in view of Biggel in further view of DE ‘284 to be a remote control received on a first door section, such as taught by DE ‘787, with a reasonable expectation of success in order to provide a control which can be removed and used remotely from any position, such as when a user is seated at the desk, and further be stored within the drawer to prevent misplacing of the remote (DE ‘787, Paragraph 0019).
With respect to claim 13, Madimenos and Biggel in view of DE ‘284 in further view of DE ‘787 discloses the limitation set forth above. The combination (DE ‘284) further discloses wherein the third linkage (DE ‘284, Fig. 5, connecting element 5) connects the first linkage from one end and second linkage from another (left end of connecting element 5 connects to the left linkage, right end of connecting element 5 connects to the right linkage).
With respect to claim 16, Madimenos and Biggel in view of DE ‘284 in further view of DE ‘787 discloses the limitation set forth above. The combination further discloses wherein in a resting position of the workstation (Madimenos, workstation 100 in the closed position of Fig. 6), the first linkage (DE ‘284, left linkage), the second linkage (DE ‘284, right linkage), and the third linkage (DE ‘284, connecting element 5) form a U-shape (see annotated Fig. 2 below, door-closed position of Fig. 2).
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Annotated Fig. 2
With respect to claim 17, Madimenos and Biggel in view of DE ‘284 in further view of DE ‘787 discloses the limitation set forth above. The combination further discloses wherein in a close configuration (Madimenos, workstation 100 in the closed position of Fig. 6) the first linkage and the third linkage form an approximately 90° angle (see annotated Fig. 2 above, left linkage and connecting element 5 form a 90° angle) and the second linkage and the third linkage also form an approximately 90° angle (see annotated Fig. 2 above, right linkage and connecting element 5 form a 90° angle).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure, and all show structures similar to various elements of applicant’s disclosure.
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
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