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 .
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.
Claim(s) 17 & 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schill (US patent 4,124,262).
Regarding claim 17, Schill discloses a furniture or household appliance element comprising: a carrier body having a base support plate (14) and a top support plate (16); a body part mounted to simultaneously translationally and rotationally move relative to the carrier body, wherein the body part has a base plate (20), a top plate (24), and at least one side wall (28); a guide bearing arranged between the top support plate and the top plate or arranged between the base support plate and the base plate, wherein the guide bearing has at least one guide cam track (38) and a guide element (60) guided in the at least one guide cam track, wherein the at least one guide cam track and the guide element are arranged on mutually facing surfaces of the top support plate and the top plate or on mutually facing surfaces of the base support plate and the base plate (Fig. 2), wherein the guide bearing further comprises a linear guide with connecting parts (50, 52) displaceable relative to one another in a direction of translation, wherein one of the connecting parts is arranged on the top support plate or the top plate and another of the connecting parts is mounted on the other of the top support plate or the top plate by a pivot bearing (56), 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 a pivot bearing; and at least one end stop (the ends of 38) is arranged between the top support plate and the top plate or between the base support plate and the base plate.
Regarding claim 18, Schill discloses a furniture or household appliance element wherein the at least one end stop is arranged on the at least one guide cam track or on the linear guide (Fig. 2).
Allowable Subject Matter
Claims 19-32 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure because it gives a general state of the art.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL J ROHRHOFF whose telephone number is (571)270-7624. The examiner can normally be reached M-F 7:30-4:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Dan 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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/DANIEL J ROHRHOFF/ Primary Examiner, Art Unit 3637
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