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Claims 24-28, and 35 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Groups, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 7/7/2026.
Regarding claim 35, the limitation recited therein of “the threaded bolt” is drawn to a non-elected Group, thus is withdrawn from further consideration.
Applicant's election with traverse of Group IV, Figs. 19-26 in the reply filed on 7/7/2026 is acknowledged. The traversal is on the ground(s) that Groups III and IV possess the special technical feature of “a position of the guide element is variably adjustable perpendicular to a plane of the cover support plate or a plane of the base support plate”. This is not found persuasive because this technical feature is not a special technical feature as it does not make a contribution over the prior art in view of, at least, JP H0868258 to Mazaki, US 2020/0122504 to Huang et al. Mazaki discloses a guide element/rollers, wherein a position of the guide element/rollers is variably vertically adjustable via elements 57-60. Huang discloses a roller, wherein a position of the roller is variably vertically adjustable.
The requirement is still deemed proper and is therefore made FINAL.
Claim Objections
Claims 19, 29-34, and 37 are objected to because of the following informalities: (i) claim 19, line 6, “has with a base” should be “has a base”; (ii) claim 37: since claim 19, lines 3-4 recites the support body having “at least one side wall”, the recitation in claim 37 of the support body comprises “at least one side wall” is objected to for failing to further limit claim 19. Appropriate correction is required.
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.
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(s) 19, 29-34, and 37 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP 2887073 to Kobayashi in view of JP H0868258 to Mazaki and US 2020/0122504 to Huang et al (hereinafter Huang).
Kobayashi discloses (Claim 19). A furniture or household appliance element comprising (such as shown in Figs. 1-2): a support body 1 having a base support plate, a cover support plate, and at least one side wall; a body part 8 mounted to simultaneously translationally and rotationally move relative to the support body 1, wherein the body part 8 has a base plate (lower horizontal member), a cover plate (upper horizontal member), and at least one side wall (vertical member); and a guide bearing arranged between the cover support plate and the cover plate or arranged between the base support plate and the base plate, wherein the guide bearing has at least one guide cam track 3 and a guide element 11 that is guided in or on the at least one guide cam track 3, wherein the at least one guide cam track 3 and the guide element 11 are arranged on mutually facing surfaces of the cover support plate and the cover plate or on mutually facing surfaces of the base support plate and the base plate, wherein the guide bearing further comprises a linear guide with connecting parts 19,21 displaceable relative to one another in a direction of translation, one of the connecting parts is arranged on the cover support plate or the cover plate and another of the connecting parts is mounted on the other of the cover support plate or the cover plate by a pivot bearing 12 or the one of the connecting parts is arranged on the base support plate or the base plate and the another of the connecting parts is mounted on the other of the base support plate or the base plate by the pivot bearing 12, and wherein the guide element 11 is a support element 11 supported on or in the guide cam track 3, wherein the guide element 11 has a roller configured to roll on a side surface of the at least one guide cam track 3 (Fig. 1), wherein the roller is fastened to an axle (Fig. 1); (Claim 31). The furniture or household appliance element of claim 19, wherein the linear guide is a pull-out guide having: a guide rail 21 arranged on the cover support plate, on the cover plate, on the base support plate, or on the base plate; and at least one running rail 19 displaceably mounted on the cover support plate, on the cover plate, on the base support plate, or on the base plate, wherein the guide element 11 is fixed to a connecting element (upper portion of the vertical member of 8) of the guide bearing; (Claim 32). The furniture or household appliance element 31, wherein the connecting element is fastened to the at least one running rail 19 of the linear guide via the upper horizontal member; (Claim 33). The furniture or household appliance element of claim 32, wherein the at least one guide cam track 3 is connected to the cover plate or to the base plate of the body part, and wherein the at least one running rail 19 of the linear guide is connected via the connecting element to the cover support plate or to the base support plate of the support body; (Claim 34). The furniture or household appliance element of claim 32, wherein a thrust bearing 12 is fixed to the connecting element of the guide bearing; (Claim 37). The furniture or household appliance element of claim 19, wherein the support body comprises at least one side wall.
The differences being that Kobayashi fails to clearly disclose the limitations in (i) claim 19 of wherein a position of the guide element is variably adjustable perpendicular to a plane of the cover support plate or a plane of the base support plate; (ii) claims 29-30.
Mazaki discloses a furniture element comprising: a guide bearing having at least one guide cam track 1,11 and a guide element 63,76, wherein a position of the guide element 63 is variably vertically adjustable. Meanwhile, Huang discloses a telescopic roller assembly comprising (such as shown in Figs. 10-14): a roller 323 configured to roll on a surface, wherein a position of the roller 323 is variably vertically adjustable, wherein the roller 323 is fastened to an axle, wherein the axle is fixable in a clamping manner in a vertical adjustment in a direction of a longitudinal axis of the roller, wherein the vertical adjustment comprises: a bearing housing 310 fastened to a connecting element; an adjusting body 321 received in the bearing housing 310 so as to be vertically displaceable and in which the axle of the guide element is fixed; and a detent lever 340 configured to latchingly fix the adjusting body 321 relative to the bearing housing 310.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention, in view of Mazaki and Huang, to modify Kobayashi to include the limitations in (i) claim 19 of wherein a position of the guide element is variably adjustable perpendicular to a plane of the cover support plate or a plane of the base support plate; (ii) claims 29-30: claim 29 of wherein the axle is fixable in a clamping manner in a vertical adjustment in a direction of a longitudinal axis of the roller; claim 30 of wherein the vertical adjustment comprises: a bearing housing fastened to a connecting element; an adjusting body received in the bearing housing so as to be vertically displaceable and in which the axle of the guide element is fixed; and a detent lever configured to latchingly fix the adjusting body relative to the bearing housing with a reasonable expectation of success in order to increase the overall versatility of the furniture or household appliance element.
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 HANH VAN TRAN whose telephone number is (571)272-6868. The examiner can normally be reached Monday-Friday 9:00-5:30.
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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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HVT
August 28, 2026
/HANH V TRAN/Primary Examiner, Art Unit 3637
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