Notice of Pre-AIA or AIA Status
This is a first office action on the merits of application SN 18/871,879 and is filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Drawings
The drawings (figures 14-18) include three dimensional shading (grayscale) and are not simply black line drawings, (see the cited references for examples)
2. The drawings are objected to because Black and white drawings are normally required in utility patent applications. India ink, or its equivalent that secures solid black lines, must be used for drawings. If shading is needed for explanation of the invention then it should be of one of the approved symbols/hatching. See MPEP 608.2 (VII, VII, IX).
3. Corrected drawing sheets in compliance with 37 CFR 1.121 (d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121 (d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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) 16-21 and 24-31 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by European Patent EP 4000460 to Janzen.
Janzen teaches.
16. 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 (24), the device comprising: a housing (3); a carriage (6) movable between a retracted position and an ejected position (Par 43) relative to the housing; a pusher (21) movable relative to the carriage between a rest position and an adjustment position, the pusher including a driver stop (20) arranged such that the force transmission is between the driver stop and the driver; and a trigger (8) movable between a blocking position and a release position, wherein actuation of the trigger into the release position releases a movement of the carriage from the retracted position (par 51-59), and wherein the trigger can be actuated by moving the pusher from the rest position to the adjustment position.
17. wherein: the pusher includes an actuating surface (figure 3) defined on the driver stop, and the pusher includes a pushing surface (figure 3) opposite from the actuating surface, the pushing surface being configured to actuate the trigger.
18. wherein: the pusher is mounted on the carriage with a pretension (via spring 12) and the pretension counteracts movement of the trigger from the rest position into the adjustment position.
19. wherein: the pusher includes a spring bearing (16), a spring abutment (19) and a spring (4) having a first spring end engaging the spring bearing and a second spring end () engaging the spring abutment (as best seen in figures 2 and 6).
20. wherein: the spring abutment has a transverse extension width (figure 6) and the second spring end extends transversely beyond the transverse extension width of the spring abutment.
21. wherein: the spring is a helical spring (figure 6) having an outer diameter (the diameter is larger than the ends which is considered to align with the spring abutment portion) larger than the transverse extension width of the spring abutment.
24. wherein: the trigger is mounted on the housing with a pretension (via spring 12) counteracting movement of the trigger from the blocking position into the release position.
25. wherein: the trigger includes a support area (figure 6); the housing includes a spring retainer (figure 6); and the device further includes a return spring (12 or 26) acting between the support area and the spring retainer.
26. wherein: the housing includes a guide track (figure 6); the carriage includes a guide element (figure 6) guided on the guide track; and the trigger in the blocking position prevents a displacement of the guide element, and the trigger in the release position releases the displacement of the guide element (as best seen in figure 3).
27. wherein: the trigger includes a retainer attachment (as bets seen in figure 6) configured such that in the blocking position the retainer attachment projects into the guide track and in the release position the retainer attachment is at least partially moved out of the guide track.
28. wherein: the guide element is held in a detent position (as best seen in figure 6) formed by the guide track and the trigger when the carriage is in the retracted position and the trigger is in the blocking position.
29. wherein: the trigger includes a retainer attachment configured such that in the blocking position the retainer attachment projects into the guide track and in the release position the retainer attachment is at least partially moved out of the guide track; the detent position is formed by the retainer attachment of the trigger and a detent section of the guide track; and the trigger includes a damper received in a damper receptacle of the trigger adjacent to the retainer attachment.
30. wherein: the housing includes a guide track (figure 6); and the carriage includes a pivoted lever (as best seen in figure 2), the pivoted lever including a guide element (figure 6) guided on the guide track, the pivoted lever being pivoted between a pivoted-in position () and a pivoted-out position, wherein the pivoted lever is at least partially pivoted-in in the retracted position of the carriage and the pivoted lever is pivoted-out in the ejected position of the carriage.
31. wherein: the trigger includes a first arm portion (figure 2 and 6) and a second arm portion (figure 2 and 6) arranged at an angle to the first arm portion, the second arm portion including an activation surface for force transmission with the pusher, wherein the first arm portion is at least predominantly accommodated within the housing and wherein the second arm portion projects at least partially out of the housing.
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.
Claim(s) 22 and 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over European Patent EP 4000460 to Janzen in view of European Patent 3769645 to Fellner-Walterdorfer
Janzen discloses every element as claimed and discussed above except a latching element.
Fellner-Walterdorfer teaches a device for a drawer. The device includes a latching element (101) as best seen in figure 12.
Before the effective filing date of the claimed invention it would have been obvious for a person of ordinary skill in the art to modify the device of Janzen by adding a latching element as taught by Fellner-Walterdorfer to better control the motion of the drawer.
Claim(s) 32 and 33 is/are rejected under 35 U.S.C. 103 as being unpatentable over European Patent EP 4000460 to Janzen in view of European Patent EP 3133230 to Karu.
Janzen discloses every element as claimed and discussed above except a synchronizing shaft with a second device.
Karu teaches a pair of devices for a drawer. The devices are connected with a synchronizing shaft (61) and a transmission element (7, 43) as best seen in figures 2 and 3. Before the effective filing date of the claimed invention it would have been obvious for a person of ordinary skill in the art to modify the device of Janzen by adding a synchronizing shaft and associated elements as taught by Karu to prevent racking of the drawer as opening and closing.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY MICHAEL AYRES whose telephone number is (571)272-8299. The examiner can normally be reached Monday - Friday 11:30-8.
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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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/TIMOTHY M AYRES/Examiner, Art Unit 3637
