Notice of Pre-AIA or AIA Status
This is a first office action on the merits of application SN 18,875,242 and 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
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) 1-9 and 11-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent Publication 2004/135045 to Larson.
Larson teaches
1. A desk (10) comprising: a desktop (34), a pair of powered lifting columns (18, 24) configured for altering the vertical height of the desktop, wherein the pair of lifting columns are hingeably fixed to the desktop for allowing an inclined position of the desktop, and a support structure (12, 14, 16) configured for maintaining at least one of the lifting columns in a stationary orientation
2. wherein the support structure comprises a base frame (30,32, 86 or 12,14,16) contacting a subsurface of the desk, and/or wherein the support structure interconnects the pair of lifting columns for maintaining the pair of lifting columns in the stationary orientation
3. wherein at least one lifting column of the pair of powered lifting columns comprises a stationary section (20,26), and the stationary section is hingeably coupled to the base frame.
4. wherein at least one lifting column of the pair of powered lifting columns comprises a stationary section and a height adjustable section (22,28), and wherein the height adjustable section is slideably fixed to the desktop and the stationary section is fixedly coupled to the base frame.
5. wherein one lifting column of the pair of powered lifting columns is slideably fixed to the desktop through a slotted hole connection (several embodiments teach different embodiments; figure 19-21 or figure 25-27), and the slotted hole connection comprises prestressing means operational to avoid mechanical backlash between the at least one lifting column and the desktop.
6. further comprising a desktop support frame (30,32) contacting the desktop and wherein the pair of lifting columns are hingeably and/or slideably coupled to the desktop through the desktop support frame.
7. further comprising a second pair of powered lifting columns (as best seen in figures 1-8, figures 50-56, and figures 64-65), the two pairs of power lifting columns being arranged at opposite ends of the desk.
8. wherein each lifting column of the pair of powered lifting columns comprises respective height position sensing means (par 7) configured for determining a vertical height of the respective lifting column.
9. further comprising a control unit (266) configured for controlling a position of the desktop, the position including a height position and an angular position, the pair of lifting columns comprising a primary lifting column and a secondary lifting column, wherein the primary lifting column comprises a primary height position sensing means providing a primary height position signal, and the secondary lifting column comprises a secondary height position sensing means different and independent from the primary height position sensing means and providing a secondary height position signal, wherein both the primary height position sensing means and the secondary height position sensing means are operationally coupled to the control unit, and wherein the control unit is configured to control the height position of the desktop based on the primary height position signal (using the third switch), and wherein the control unit is configured to control the angular position of the desktop based on a difference between the primary height position signal and the secondary height position signal (using the first or second switch, par 137).
11. further comprising an input unit (266) coupled with the control unit, wherein the input unit is configured to receive a single user instruction (via the first, second , or third switch) associated with both the height position and the angular position.
12. A method for controlling a position of the desktop of claim 9,the method comprising the steps: controlling a height position of the desktop based on the primary height position signal, controlling an angular position (via the first or second switch) of the desktop based on a difference between the primary height position signal and the secondary height position signal, and; powering the primary lifting column and the secondary lifting column of the pair of lifting columns for simultaneously controlling the height position (via the third switch) and the angular position of the desktop (par 137).
13. further comprising the step of; powering at least one of the primary lifting column and the secondary lifting column until an extreme position is taken, and then setting a corresponding at least one of the primary height position signal and secondary height position signal to an initial value (inherently and intrinsically the structure described above would operate with these steps in order for the table to perform the operations described).
14. wherein the method further comprises; driving the primary lifting column and the secondary lifting column at different speeds, and; the desktop reaching a set height position and set angular position at the same time as perceived by a user of the desk (par 101).
15. wherein in case the angular position exceeds a user acceptable value, the method comprises interrupting of powering of at least one of the primary lifting columns and the secondary lifting column, and/or powering of at least one of the primary lifting columns and the secondary lifting column in an opposite direction (inherently and intrinsically the structure described above would operate with these steps in order for the table to perform the operations described; inherently the telescopic columns would have limit).
Claim(s) 1 and 5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Japanese Patent JPH 11253239 to Suzuki.
Suzuki teaches
1. A desk (10) comprising: a desktop (11), a pair of powered lifting columns (20,21) configured for altering the vertical height of the desktop, wherein the pair of lifting columns are hingeably fixed to the desktop for allowing an inclined position of the desktop, and a support structure (61, 75) configured for maintaining at least one of the lifting columns in a stationary orientation
5. wherein one lifting column of the pair of powered lifting columns is slideably fixed to the desktop through a slotted hole connection (50), and the slotted hole connection comprises prestressing means operational to avoid mechanical backlash between the at least one lifting column and the desktop (as best seen in figure 5).
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) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent Publication 2004/135045 to Larson.
Larson discloses every element as claimed and discussed above except the position sensor being a rotary sensor. The examiner is taking Official Notice that is well known in the art of height adjustable tables and actuators to use a rotary sensor to count the revolution of the motor or shaft to determine position. 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 table of Larson by using a rotary sensor for each motor as is known in the art.
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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/TIMOTHY M AYRES/ Examiner, Art Unit 3637
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