Device for ejecting a movable furniture part

8Notice of Pre-AIA or AIA Status This is a first office action on the merits of application SN 18/871,906 and 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) 16-22 and 24-31 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by European Patent EP 3,769,645 to Fellner-Walterdorfer. Fellner-Walterdorfer teaches 16. A device for ejecting a movable furniture part, the device comprising: a housing (2; par 63; as best seen figure 2 ); a carriage (5; par 63; as bets seen in figure 2) movable between a retracted position and an ejected position (as best seen in figures 3-6) relative to the housing; a pivoted lever (24; par 79-80; as best seen in figure 2) pivotably mounted on the carriage and pivotable between a pivoted-in position and a pivoted-out position; and a latch (101; par 127-129; as best seen in figure 12) configured to permit pivoting of the pivoted lever in a first pivotal direction between the pivoted-in position and the pivoted-out position and to block pivoting of the pivoted lever in a second pivotal direction between the pivoted-in position and the pivoted-out position (24a, 101, 102, 104; par 127-129, as best seen in figure 12). 17. wherein: the latch is configured to permit pivoting of the pivoted lever in the first pivotal direction from the pivoted-in position into the pivoted-out position and to block pivoting of the pivoted lever in the second pivotal direction from the pivoted-out position into the pivoted-in position (par 127-129, as best seen in figure 12). 18. wherein: the pivoted lever is pivoted into the pivoted-out position in the ejected position of the carriage or in a range of movement of the carriage from the retracted position towards the ejected position; and the pivoted lever is pivoted into the pivoted-in position in the retracted position of the carriage or in a range of movement of the carriage from the ejected position towards the retracted position (par 127-129). 19. wherein: the housing includes a first housing half (9) and a second housing half (2), one of the housing halves including a latch receptacle (par 64; figures 2 and 9), the latch being received in the latch receptacle. 20. wherein: the housing includes a guide track (27) including a swivel-out section (figure 2); and the pivoted lever includes a guide element (figure 2) guided in the guide track such that the pivoted lever can be pivoted from the pivoted-in position to the pivoted-out position by a displacement of the guide element along the swivel-out section (par 84). 21. wherein: the guide track is a closed-loop guide (as best seen in figure 2 and 12) including an ejection section and a retraction section, the swivel-out section connecting the ejection section to the retraction section; the guide element is guided in the ejection section during motion of the carriage from the retracted position towards the ejected position; and the guide element is guided in the retraction section during motion of the carriage from the ejected position towards the retracted position. 22. wherein: the latch includes a spring section (figure 13) configured such that the latch is held elastically in the swivel-out section of the guide track by a force of the spring section (figure 13); and during pivoting of the pivoted lever from the pivoted-in position to the pivoted-out position the guide element exerts a force on the latch such that the latch is moved at least partially out of the swivel-out section against the force of the spring section. 24. the housing includes a latch bearing receptacle (as best seen in figure 2 and 12, and 13); and the latch includes a bearing section on one of its ends, the bearing section including at least one retaining projection latched to the latch bearing receptacle (as best seen in figure 13). 25. wherein: the housing includes a sliding guide (figure 13; 106, 107) for guiding a displacement of the latch in a displacement direction relative to the housing, the sliding guide including at least one displacement receiver; and the latch is at least partially displaceable relative to the housing along the sliding guide (as best seen in figure 13), the latch including at least one displacement projection received in the at least one displacement receiver such that the at least one displacement projection is releasably secured within the at least one displacement receiver perpendicular to displacement direction. 26. wherein: the housing includes a guide track (27); the pivoted lever includes a guide element (as best seen in figure 2) guided in the guide track; and the latch includes a base member (as best seen in figure 12 and 13) and a spring projection projecting from the base member, the spring projection being elastically deflectable relative to the base member, and the spring projection being configured to be at least partially in contact with the guide element of the pivoted lever during a pivoting-out of the pivoted lever. 27. wherein: the latch further includes a deflection surface (107a) adjacent the spring projection, the deflection surface forming a part of a swivel-out section of the guide track during the pivoting-out of the pivoted lever. 28. wherein: the latch includes a detent area (as best seen in figure 13) at least partially forming a detent position of the pivoted lever in at least one pivoted-out position of the pivoted lever. 29. wherein: the housing includes a guide track (figure 2) including a detent section; and the detent position of the pivoted lever is formed by the detent section of the guide track and the detent area of the latch (figure 12 and 13). 30. wherein the latch includes: a base member (as best seen in figure 13) at least partially guided on the housing. 31. wherein: the base member includes a spring projection (105) on one side of the base member; and the latch further includes: a bearing section (figure 13); and a spring section (figure 13) adjoined at one end to another side of the base member opposite from the spring projection and at another end to the bearing section. Allowable Subject Matter Claim 23 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 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. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. 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. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /TIMOTHY M AYRES/ Examiner, Art Unit 3637