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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-14 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. For claim 1, it is unclear whether or not the furniture part, door or window on the support structure is to be claimed in combination with the fitting. In the preamble of the claim, only the fitting is positively claimed (“A fitting for…”); however, in the body of the claim, the furniture part, door or window on the support structure is positively attached (“is connected”) to the first and second fitting parts. For examination purposes, the combination will be considered the claimed subject matter. Regarding claims 1, 2, 4-8, 10, 11, 13 and 14, the phrase starting with "preferably" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention, i.e. the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(d). For examination purposes, the limitations after “preferably” will not be considered as positively claimed limitations.
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.
Claims 1-6, 9, 12 and 14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hughes (GB2402965). Hughes teaches a fitting (Fig. 9) for movably mounting a furniture part, a door or a window (22) on a support structure (40), comprising: a first fitting part (12) to be connected or is connected to the furniture part, the door or the window (22), at least one second fitting part (14) to be connected or is connected to the support structure (40), at least one fastening device (with 16,26,36) with which the first fitting part can be fastened to the second fitting part, the fastening device comprising at least one first component (16) with at least one threadless section (shown in Fig. 7; see below) and at least one threaded section (shown in Fig. 7, see below) and at least one second component (26) with at least one mating thread, wherein the threadless section, the threaded section and the mating thread are arranged on the two components of the fastening device such that the mating thread is in contact with the threadless section in a displacement position (Fig. 8) and is engaged with the threaded section in an engagement position (Fig. 7), wherein the first component has a channel running diagonally with respect to a longitudinal axis of the first component and on which the threadless section is arranged (see Fig. 7). Wherein the first component of the fastening device is formed as a nut, preferably as a press nut, and/or is arranged in or on the second fitting part. Wherein the first component has a substantially cylindrical internal wall and the threadless section and the threaded section are arranged on the internal wall. Wherein the second component of the fastening device is formed as a screw, preferably as a knurled screw, and/or can be brought into contact with the first fitting part. Wherein the mating thread can be transferred out of the displacement position into the engagement position by a pivoting movement (of 16), preferably wherein the pivoting movement can be carried out manually (moving 16; page 4, last paragraph) and/or by a limit stop of one of the two components against a counter limit stop. Wherein the threaded section has a first longitudinal axis and the mating thread has a second longitudinal axis, and wherein the two longitudinal axes enclose an acute angle, preferably between 5° and 15°, in the displacement position (Fig. 8) and are arranged substantially parallel to each other in the engagement position (Fig. 7). Wherein the second fitting part comprises a longitudinally extended support. Wherein the two fitting parts rest predominantly flat against each other when fastened (Fig. 9), and/or wherein at least one additional fixing, separate from the fastening device, is provided with which the two fitting parts can be fixed.
Hughes teaches a method for movably mounting a furniture part, a door or a window on a support structure by means of the at least one fitting comprising the following method steps, which are preferably chronological in the specified order: the second fitting part (14) is connected to the support structure (40), the furniture part, the door or the window (22) is connected to the first fitting part (12), the first fitting part is fastened to the second fitting part by means of the at least one fastening device (16,26,36) , wherein the mating thread is displaced relative to the threadless section in the displacement position (Fig. 8), is then transferred into the engagement position (Fig. 7), preferably by a pivoting movement (of 16), and in the engagement position is finally moved by a rotational movement relative to the threaded section until the two fitting parts are fixed to each other (Fig. 7).
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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.
Claims 6 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Hughes (GB2402965). As stated above, Hughes teaches the limitations of claim 1, including a fastening device with first and second fitting parts. The first component of the fastening device has a threadless section and a threaded section and the second component has at least one mating thread. First for claim 6, the threaded section has a first longitudinal axis and the mating thread has a second longitudinal axis. Although the two longitudinal axes in the displacement position appear to show an acute angle, preferably between 5° and 15°, even if this were not the case, it would have been an obvious design consideration to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the relationship of the components to be such, depending on personal preferences, optimum design, etc.
For claim 7, Hughes fails to teach plural fastening devices between the window and frame. It has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. MPEP 2144.04 Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the window assembly of Hughes by using plural fastening devices with the fitting parts, to better secure the window in the closed position.
Claims 1-10 and 12-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bloom et al (AT521365) in view of Suzuki (JP2003184846). Bloom teaches a furniture part, a door (3a) or a window with a frame/first fitting part (16) fastened on a support structure (13b) with a frame/second fitting part (11). For claim 1, Bloom fails to teach the fitting claimed to attach the frames together. Suzuki teaches a fitting (Fig. 1) comprising: at least one fastening device (with 3,1) with which a first fitting part can be fastened to a second fitting part, the fastening device comprising at least one first component (1) with at least one threadless section (see figure below) and at least one threaded section (see figure below) and at least one second component (3) with at least one mating thread, wherein the threadless section, the threaded section and the mating thread are arranged on the two components of the fastening device such that the mating thread is in contact with the threadless section in a displacement position (Fig. 3) and is engaged with the threaded section in an engagement position (Fig. 2), wherein the first component has a channel (2) running diagonally with respect to a longitudinal axis of the first component and on which the threadless section is arranged. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the furniture of Bloom by using the fittings of Suzuki to help connect the fitting parts in addition to the fitting presently used, to further strengthen the connection between the fitting parts.
Bloom in view of Suzuki further teaches that the first component of the fastening device is formed as a nut, preferably as a press nut, and/or is arranged in or on the second fitting part. Wherein the first component has a substantially cylindrical internal wall and the threadless section and the threaded section are arranged on the internal wall. Wherein the second component of the fastening device is formed as a screw, preferably as a knurled screw, and/or can be brought into contact with the first fitting part. Wherein the mating thread can be transferred out of the displacement position into the engagement position by a pivoting movement (of 3 of Suzuki), preferably wherein the pivoting movement can be carried out manually (moving 3) and/or by a limit stop of one of the two components against a counter limit stop. Wherein the threaded section has a first longitudinal axis and the mating thread has a second longitudinal axis, and wherein the two longitudinal axes enclose an acute angle, preferably between 5° and 15°, in the displacement position (Fig. 3) and are arranged substantially parallel to each other in the engagement position (Fig. 2). Wherein the second fitting part comprises a longitudinally extended support. Wherein the two fitting parts rest predominantly flat against each other when fastened (members 16a,11a of Bloom), and/or wherein at least one additional fixing, separate from the fastening device, is provided with which the two fitting parts can be fixed. Wherein the first fitting part: has at least one, preferably several interfaces for the preferably releasable fastening of a hinge (10), and/or is formed as a steel profile, and/or is formed substantially C-shaped in a cross section.
Also disclosed is a piece of furniture (Fig. 2a of Bloom) with at least one support structure (8), which preferably has a shaft-like cavity, the fitting (3,1 of Suzuki), and at least one furniture part (3,4 of Bloom), movably mounted on the support structure by means of the fitting, which is preferably formed as a folding door or folding sliding door.
Bloom in view of Suzuki further teaches that at least one guide device (14,14a of Bloom), connectable or connected to the second fitting part (via 7b), and at least one guide rail (7b), on which the guide device is displaceably mountable or mounted, are provided and/or wherein at least one compensation device (7c,19), which can be connected to the second fitting part, is provided for compensating for a tilting moment, preferably wherein the compensation device comprises at least one preferably Y-shaped scissor-type support and/or at least one cable pull.
For claim 7, Bloom in view of Suzuki fails to specifically teach plural fastening devices between the window and frame. It has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. MPEP 2144.04 Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the window assembly of Bloom in view of Suzuki by using plural fastening devices with the fitting parts, to better secure the parts together.
For claim 14, Bloom in view of Suzuki further teaches a method for movably mounting a furniture part, a door or a window on a support structure by means of the at least one fitting comprising the following method steps, which are preferably chronological in the specified order: the second fitting part (11 of Bloom) is connected to the support structure (13b of Bloom), the furniture part, the door (3a of Bloom) or the window is connected to the first fitting part (16 of Bloom), the first fitting part is fastened to the second fitting part by means of the at least one fastening device (3,1 of Suzuki) , wherein the mating thread is displaced relative to the threadless section in the displacement position (Fig. 2 of Suzuki), is then transferred into the engagement position (Fig. 2 of Suzuki), preferably by a pivoting movement (of 3), and in the engagement position is finally moved by a rotational movement relative to the threaded section until the two fitting parts are fixed to each other.
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Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over by Bloom et al (AT521365) in view of Suzuki (JP2003184846) as applied to claims 1-10 and 12-14 above, and further in view of Lelievre et al (EP0798141). As stated above, Bloom in view of Suzuki teaches the limitations of claim 1, including fastening device having a first component/nut fastened to a second component/screw. For claim 11, Bloom in view of Suzuki fails to teach a glue dot between the screw and nut. Lelievre teaches the use of a glue dot between a nut and screw to immobilized them from vibrational movements (see English translation; fifth paragraph). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to add a glue dot between the screw and nut, such as is taught by Lelievre, for the advantage stated above.
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 JANET M WILKENS whose telephone number is 571-272-6869. The examiner can normally be reached Mon thru Thurs 7am-5:30pm EST.
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Wilkens
June 3, 2026
/JANET M WILKENS/ Primary Examiner, Art Unit 3637
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