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 § 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.
Claims 17-34 are rejected under 35 U.S.C. 112(b), as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
With respect to claim 17: The preamble of the claim recites, “A device for ejecting a movable furniture part, wherein the device is configured to effect and/or support an ejection by force transmission between the device and a driver, the device comprising”.
Due to the recitations “for ejecting…” and “configured to effect…”, the movable furniture part and driver are not positively recited. The preamble of the claim indicates the claimed invention is to the “device”, but does not include the movable furniture part and/or driver.
However, the body of the claim positively recites the driver. The claimed “driver stop” is “arranged in a motion trajectory of the driver”. The claimed “further driver stop”, in the ejected position of the carriage, “is arranged in the motion trajectory of the driver”. The claim also recites “the pivoted lever and the further driver stop are pivoted away from the motion trajectory of the driver into the pivoted-in position”.
The preamble limits the claimed invention to the device, but the body of the claim includes the driver that is not a component of the device. The scope of the claim, as written, is indefinite. It is unclear if the claimed invention includes or excludes the driver and/or movable furniture part.
With respect to claims 18-23: The claims are rejected under 35 U.S.C. § 112(b) via dependency.
With respect to claim 24: The recitation “a force exerted by the driver on the further drive stop of the pivoted lever imposes a torque on the pivoted lever acting at least partially in a direction of a pivoting movement of the pivoted lever”, which positively recites the driver. The scope of the claim, as written, is indefinite. It is unclear if the claimed invention includes or excludes the driver and/or movable furniture part.
With respect to claims 25-30: The claims are rejected under 35 U.S.C. § 112(b) via dependency.
With respect to claim 31: The recitations “the pivoted movement of the deflector” and “the pivoted movement of the pivoted lever” each lack proper antecedent basis and/or render the claim indefinite.
It is unclear if the limitation “the pivoted movement of the deflector” refers to the pivoting from the “retracted pivot position” to the “extended pivot position” or vice-versa. It is unclear if the limitation “the pivoted movement of the pivoted lever” refers to the “pivoting-in of the pivoted lever” or the “pivoting-out of the pivoted lever”.
With respect to claims 32-34: The claims are rejected under 35 U.S.C. § 112(b) via dependency.
Claim Rejections - 35 USC § 102
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, 20, 22, and 27-30 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by GB 2 297 578 A (Mutana).
With respect to claim 17: Mutana discloses a device for ejecting a movable furniture part (“drawer not shown”), wherein the device is configured to effect and/or support an ejection by force transmission between the device and a driver (actuator means 2), the device comprising: a housing (casing 1); and a carriage (at least follow-up rocking triggering element 4 and connecting rod 12) movable between a retracted position (Fig. 4) and an ejected position (Fig. 2) relative to the housing, the carriage including: a driver stop (edge 17 and/or crest 19) arranged in a motion trajectory of the driver (one or more of Figs. 2-4); a pivoted lever (connecting rod 12) pivotable between a pivoted-in position (Fig. 4) and a pivoted-out position (Fig. 2 and/or 3), the pivoted lever including a further driver stop (retention triggering element 13) which in the ejected position of the carriage is arranged in the motion trajectory of the driver (Fig. 2); and wherein in the retracted position of the carriage or in a range of movement of the carriage between the ejected position and the retracted position, the pivoted lever and the further driver stop are pivoted away from the motion trajectory of the driver into the pivoted-in position (Fig. 4).
With respect to claim 20: Mutana discloses wherein: the housing includes a guide track (guiding track 15 and retention span 16); the pivoted lever includes a guide element (spindle 14) guided in the guide track; the guide track includes a first detent section (end of retention span 16, where spindle 14 is located in Fig. 4) configured such that when the carriage is in the retracted position the guide element is held in the first detent section and the pivoted lever is in an at least partially pivoted-in position (Fig. 4); and the guide track includes a second detent section (end of guiding track 15, where spindle 14 is located in Fig. 2) configured such that when the carriage is in the ejected position the guide element is held in the second detent section and the pivoted lever is in the pivoted-out position (Fig. 2 and/or 3).
With respect to claim 22: Mutana discloses wherein: the guide track further includes a swivel-out section (see the annotated image below); and the pivoted lever is pivotable from the pivoted-in position into the pivoted-out position by a displacement of the guide element along the swivel-out section towards the second detent section.
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With respect to claim 27: Mutana discloses a spring element (helical spring 9) biasing the carriage relative to the housing when the carriage is in the retracted position (Fig. 4) such that the carriage is movable from the retracted position to the ejected position by reduction of a pretension of the spring element (spring 9 urges element 4 towards the position of Fig. 2).
With respect to claim 28: Mutana discloses a spring carriage (pin 7, joint 8, and end support 10) movable relative to the housing (Figs. 2-4); wherein the spring element is mounted on one end to the spring carriage (one end of spring 9 is against end support 10); and wherein the carriage (element 4) includes a stop surface (crossarm 6) and the spring carriage includes a counter stop surface (joint 8) configured such that a force is transmittable from the spring element to the carriage via the stop surface and the counter stop surface (spring 9 pushes joint 8 against crossarm 6 to move element 4).
With respect to claim 29: Mutana discloses wherein: during a movement of the carriage from the ejected position into the retracted position (from Fig. 2 to Fig. 3 and/or 4) a force is transmitted between the stop surface and the counter stop surface (force is exerted from crossarm 6 to joint 8), and the pretension of the spring element is increased by the transmitted force (spring 9 is compressed in Fig. 3 and/or 4 relative to Fig. 2).
With respect to claim 30: See the annotated image above, in the rejection of claim 22. Mutana discloses wherein: the pivoted lever includes a deflection attachment including a deflection surface adjoining the further driver stop and arranged at an angle to the further driver stop.
Claim(s) 17-18, 20, 22, and 27-30 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 9,803,411 B2 (Grabher).
With respect to claim 17: Grabher discloses a device for ejecting a movable furniture part (drawer 53), wherein the device is configured to effect and/or support an ejection by force transmission between the device and a driver (entrainment element 23), the device comprising: a housing (at least base plate 2); and a carriage (at least ejector 5) movable between a retracted position (Fig. 3) and an ejected position (Fig. 5) relative to the housing, the carriage including: a driver stop (set screw 22 and/or contact portion 21 thereof) arranged in a motion trajectory of the driver (one or more of Figs. 3-5); a pivoted lever (latch component 24) pivotable between a pivoted-in position (Fig. 3 and/or 4) and a pivoted-out position (Fig. 5), the pivoted lever including a further driver stop (Fig. 5: tip portion of latch component 24 corresponding to entrainment element 23) which in the ejected position of the carriage is arranged in the motion trajectory of the driver (Fig. 5); and wherein in the retracted position of the carriage (Fig. 3) or in a range of movement of the carriage between the ejected position and the retracted position (Fig. 4 to Fig. 3), the pivoted lever and the further driver stop are pivoted away from the motion trajectory of the driver into the pivoted-in position (Fig. 3 and/or 4).
With respect to claim 18: Grabher col. 12 describes pushing on the drawer 53 inwards, in a known touch-latch function. The activator 6 and/or locking member 7 meets “a movable trigger” as claimed.
Grabher discloses a movable trigger (activator 6 and/or locking member 7) movable between a blocking position preventing movement of the carriage from the retracted position (before a user presses on drawer 53 and flap 43 of locking member 7 blocks guide lever 34 or lever attachment 40), and a release position releasing movement of the carriage from the retracted position (when a user presses on drawer 53 and guide lever 34 is released by locking member 7).
With respect to claim 20: Grabher discloses wherein: the housing includes a guide track (guide track 25); the pivoted lever includes a guide element (pin 24a) guided in the guide track; the guide track includes a first detent section (where pin 24a is located in guide track 25 in Fig. 3) configured such that when the carriage is in the retracted position the guide element is held in the first detent section and the pivoted lever is in an at least partially pivoted-in position (Fig. 3); and the guide track includes a second detent section (where pin 24a is located in guide track 25 in Fig. 5) configured such that when the carriage is in the ejected position the guide element is held in the second detent section and the pivoted lever is in the pivoted-out position (Fig. 5).
With respect to claim 22: Grabher discloses wherein: the guide track further includes a swivel-out section (where pin 24a is located in guide track 25 between Fig. 3 and Fig. 5); and the pivoted lever is pivotable from the pivoted-in position into the pivoted-out position by a displacement of the guide element along the swivel-out section towards the second detent section.
With respect to claim 27: Grabher discloses a spring element (force accumulator 3) biasing the carriage relative to the housing when the carriage is in the retracted position (Fig. 3) such that the carriage is movable from the retracted position to the ejected position by reduction of a pretension of the spring element (force accumulator 3 urges ejector 5 towards the position of Fig. 5 from the position of Fig. 3).
With respect to claim 28: Grabher discloses a spring carriage (motion element 18) movable relative to the housing (Figs. 2-5); wherein the spring element is mounted on one end to the spring carriage (one end of springs 10, 11 connected to fixed mounting 13; opposite end of springs 10, 11 connected to motion element 18); and wherein the carriage (ejector 5) includes a stop surface (surface of ejector 5 contacted by stop element 26) and the spring carriage includes a counter stop surface (retaining member 32 and stop element 26) configured such that a force is transmittable from the spring element to the carriage via the stop surface and the counter stop surface.
With respect to claim 29: Grabher discloses wherein: during a movement of the carriage from the ejected position into the retracted position (from Fig. 5 to Fig. 3) a force is transmitted between the stop surface and the counter stop surface (force is exerted from ejector 5 to stop element 26), and the pretension of the spring element is increased by the transmitted force (springs 10, 11 are stretched in Fig. 3 relative to Fig.52).
With respect to claim 30: See the annotated image below. Grabher discloses wherein: the pivoted lever includes a deflection attachment including a deflection surface adjoining the further driver stop and arranged at an angle to the further driver stop.
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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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 32 is/are rejected under 35 U.S.C. 103 as being unpatentable over GB 2 297 578 A (Mutana) as applied to claim 17 above, and further in view of US 2018/0160808 A1 (Wohlgenannt).
With respect to claim 32: Mutana Fig. 1 shows the casing 1, relied upon as the claimed “housing”, includes only one piece. The casing 1 has a guide track (guiding track 15 and retention span 16).
Mutana does not disclose “wherein: the housing includes a first housing half and a second housing half; and the housing includes a guide track provided on both the first and second housing halves” as claimed.
Wohlgenannt shows it is known in the drawer opening/closing device art to provide a housing in two halves (chousing cover 6, housing base plate 7) that both have a guide track therein (Fig. 8 shows each of guide track 28, locking guide track 17, and intermediate piece guide track 39 formed in both cover 6 and base plate 7).
Wohlgenannt’s invention is mounted to beneath a drawer, at the drawer guides thereof (Fig. 2). Mutana’s device is attached to a panel supporting the drawer (Mutana Fig. 1 and page 5, paragraph 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Mutana’s casing 1 to be provided in two halves, with each half defining the existing guiding track 15 and retention span 16, in order to adapt Mutana’s invention for additional mounting possibilities (e.g., as in Wohlgenannt Fig. 2).
Allowable Subject Matter
Claims 19, 21, 23-26, 31, and 33-34 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b), set forth in this Office action and to include 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW ROERSMA whose telephone number is (571)270-3185. The examiner can normally be reached M-F 8:00-4:00.
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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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/ANDREW ROERSMA/Primary Examiner, Art Unit 3637
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