DETAILED ACTION
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on November 13, 2024, was in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the examiner.
Election/Restrictions
Claims 14-17 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on June 22, 2026.
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.
Claims 1-11 & 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over WO 2018/004416. WO`416 teaches of a furniture module (note fig. 5A for instance), comprising: a furniture member (such as (106)), a first member (such as (112)) configured to be attached to the furniture member, and a second member (such as (122)) being configured to be attached to the furniture member, wherein the furniture member comprises a first recess (117), wherein the first recess comprises an insertion portion with a locking portion (note fig. 3A); but WO`416 does not show first and second locking portions as prescribed by applicant. However, WO`416 does show a recess (120) adjacent to the first recess (117) that is used to attach the second member to the furniture member. Accordingly, the position is taken that it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the structure of the WO`416 in order to incorporate an “integral” recess arrangement as dictated by the needs or preferences of a user, with a reasonable expectation of success, since it has been held that forming in one piece (a single bi-directional slot) an article which has previously been formed in two or more pieces (two adjacent and distinct slots oriented in two directions) and put together involves only routine skill in the art. Such a modification would ease in the manufacturing of the device (less machine movements in tapping the recess) while still functioning in a similar manner (i.e., providing a connecting seat for dowels along two distinct members). As modified, the first recess would include a first locking portion (horizontally disposed smaller section of the recess) extending from the insertion portion in a first direction, and a second locking portion (vertically disposed smaller section of the recess – aspect of the combined (120) recess) extending from the insertion portion in a second direction, the second direction being different from the first direction, and wherein the first recess is configured to receive a first dowel (such as (115)) of the first member and a first dowel (such as (124)) of the second member. Regarding Claim 2, as modified, wherein a projected distance (horizontal distance for instance), as measured along the first direction, between the first locking portion and the second locking portion is such that, when installed, the first member is by the second member prevented from being released by a movement in a direction opposite to the first direction (Fig. 5A). Regarding Claim 3, as modified, the furniture member further comprises a second recess (such as the combined (119) & recess that accepts (116) as shown in Fig. 3A for instance), wherein the first recess is positioned at a first height and the second recess is positioned at a second height, wherein the first height is greater than the second height (as mapped, the first height is greater than the second height – Fig. 3A). Regarding Claim 4, as modified, wherein the first direction is substantially horizontal (horizontal as mapped), and wherein the second direction is substantially vertical (vertical as mapped). Regarding Claim 5, as modified, the first dowel (115) of the first member is configured to be inserted into the insertion portion of the first recess, and if the second recess is present, a second dowel (116) of the first member is also configured to be inserted into the insertion portion of the second recess, and to be transferred to the first locking portion of the respective recess. Regarding Claim 6, as modified, the first dowel (124) of the second member is configured to be inserted into the insertion portion of the first recess, and if the second recess is present, a second dowel (125) of the second member is also configured to be inserted into the insertion portion of the second recess, and to be transferred to the second locking portion of the respective recess. Regarding Claim 7, as modified, wherein the respective insertion portion of each recess has an insertion portion width as measured in a direction being transverse to a depth direction and as measured transverse to the first direction and as measured transverse to the second direction, wherein the respective first locking portion and the respective second locking portion of each recess each has opposing recess side walls, which faces each other and which each has an extension along the depth direction and along the first respectively the second direction, wherein each of the opposing recess side walls is provided with at least one ridge with each ridge being located at a ridge depth, as seen along the depth direction, and having a longitudinal extension along a shelf sliding direction and a height extending from the respective recess side wall towards an opposing ridge of the opposing recess side wall, and at least one valley located at a valley depth, the valley depth being greater than the ridge depth, wherein a locking portion width formed by a shortest distance between opposing ridges is smaller than the insertion portion width and is smaller than a shortest distance between opposing valleys (note Figs. 3A-3B & 5A for instance). Regarding Claim 8, as modified, wherein each dowel of the first member and each dowel of the second member comprises, as seen along a longitudinal extension of the respective dowel extending from the first member respectively the second member to a respective free end of the respective dowel, a stem having a stem width followed by a least one dowel ridge, the dowel ridge having an extension in a radial direction of the respective dowel and extending along at least a portion of a circumference of the respective dowel (note Fig. 5A). Regarding Claim 9, as modified, the module further comprising: two furniture members forming two opposing side walls (left and right (106) – Fig. 2), which furniture members are interconnected by a flexible rear wall panel arrangement (102), two first members forming first and second height adjustment members (bottom left and bottom right (112’s) – Fig. 3A) configured to be attached to a respective opposing side wall at a front lower corner portion of the respective side wall on an inwardly facing major surface of the respective side wall facing the opposing side wall, and the second member forming a lower front frame member being configured to be attached to both opposing side walls, at the respective front lower corner portion of the respective side wall on an inwardly facing major surface of the respective side wall facing the opposing side wall, and thereby interconnect the two opposing side walls at a front lower portion of the furniture module (Fig. 5A), wherein each of the opposing side walls comprises a first recess and a second recess which are formed on an inwardly facing major surface facing the opposing side wall and which are positioned in the front lower corner portion of the respective side wall (shown as mapped), wherein the respective recess at the front lower corner portions each comprises an insertion portion, a first locking portion extending from the insertion portion in a respective first direction, and a second locking portion extending from the insertion portion in a respective second direction, the respective second direction being different from the respective first direction, and wherein, at the front lower corner portion of the respective side wall panel (shown), the first recess of the first side wall is configured to receive a first dowel (115) of the first height adjustment member and a first dowel (124) on a first side of the lower front frame member, the second recess of the first side wall is configured to receive a second dowel (116) of the first height adjustment member and a second dowel (125) on a first side of the lower front frame member, the first recess of the second side wall is configured to receive a first dowel (115) of the second height adjustment member and a first dowel (124)on a second side of the lower front frame member, and the second recess of the second side wall is configured to receive a second dowel (116) of the second height adjustment member and a second dowel (125) on a second side of the lower front frame member. Regarding Claim 10, as modified, the module further comprising: a shelf (viewed as a top shelf (140) for instance) configured to be positioned between the side walls, wherein the shelf is provided with a front dowel (143) on each side of the shelf and a central dowel (142) on each side of the shelf, wherein each of the opposing side walls comprises a front recess (146) and a central recess (145) which are formed on an inwardly facing major surface facing the opposing side wall and which are positioned in a front portion and a central portion, respectively, of the respective side wall, wherein the front recesses and the central recesses each comprises an insertion portion and a locking portion extending from the insertion portion in a shelf sliding direction (Figs. 7A-7C), wherein the flexible rear wall panel arrangement is configured to allow the opposing side walls to assume a shelf installation position in which front portions of the side walls are at a greater horizontal distance from each other than a horizontal distance between rear portions of the side walls thereby allowing the shelf to be inserted by a movement at least partly along the shelf sliding direction until the front or central dowels reaches the respective front or central recess and, after the respective front or central dowel has been inserted into the insertion portion of the respective front or central recess, be further moved along the shelf sliding direction such that the respective front or central dowel is transferred into the locking portion of the respective front or central recess (such can be accomplished when viewing Fig. 3A with the side walls angled out slightly and the shelf lowered into position for instance). Regarding Claim 11, as modified, WO`416 teaches applicant’s basic inventive claimed furniture module as outlined {mapped} above, including the shelf having front and central dowels; but does not show the dowels extending different distances from side(s) of the shelf as prescribed by applicant. However, the position is taken that it would have been an obvious matter of personal preference to vary the shape or size of an element or to vary the distances between elements (such as when the front dowels are not fully seated within the dowel receiving holes {note Fig. 7A for example} of the shelf, and therefore the dowels along the front of the shelf would extend out from the side of the shelf a greater distance than the central dowels that are fully seated) depending upon the needs and/or preferences of the user, with a reasonable expectation of success, since such a modification would have involved a mere change in the size or configuration of a component. A change of this degree is generally recognized as being within the level of ordinary skill in the art. As modified, the front dowel on each side of the shelf extends a first distance from the respective side of the shelf to a respective free end of the respective front dowel and the central dowel extends on each side of the shelf a second distance from the respective side of the shelf to a respective free end of the respective central dowel, wherein the first distance is greater than the second distance.
Regarding Claim 18, as modified, wherein a projection of the first recess onto a horizontal plane at least partly overlaps with a projection of the second recess onto the horizontal plane (note Fig. 4B). Regarding Claim 19, as modified, the shelf is configured to be positioned between a respective top portion of the side walls (note Figs. 7C-7D), and wherein the front recess and the central recess are formed in a front top portion and a central top portion, respectively, of the respective side wall (shown).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-6, 9-13 & 18-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over Claims 17-18 & 21-26 of co-pending Application No. 18/865,724 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because all the claimed features of the instant application are accounted for within the reference application. For instance, the claimed subject matter relating to Claims 1-2 are set forth within the claimed scope of Claims 17 & 23, while the claimed subject matter relating to Claim 3 is set forth within the claimed scope of Claim 24, while the claimed subject matter relating to Claims 4 & 18 are set forth within the claimed scope of Claim 25, while the claimed subject matter relating to Claims 5-6 & 9 are set forth within the claimed scope of Claim 26, while the claimed subject matter relating to Claims 10-11 & 19 are set forth within the claimed scope of Claim 18, while the claimed subject matter relating to Claims 12 & 20 are set forth within the claimed scope of Claim 21, and the claimed subject matter relating to Claim 13 is set forth within the claimed scope of Claim 22.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Allowable Subject Matter
Pending a properly filed Terminal Disclaimer, Claims 12-13 & 20 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 – see the attached Form PTO-892 showing various furniture modules and connection means between furniture components.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES O HANSEN whose telephone number is (571)272-6866. The examiner can normally be reached Mon-Fri 8 am - 4:30 pm.
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JOH
August 26, 2026
/James O Hansen/Primary Examiner, Art Unit 3637
