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 1-13 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.
Claim 1 recites “wherein the retainer slot” in line 5 without further defining invention feature. The meaning of the limitation is not clear. Appropriate correction is required.
Claim(s) that depend(s) from the rejected claim(s), that is, claim(s) 2-13 is/are rejected.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 1-15 is/are rejected under 35 U.S.C. 102 (a) (1) as being anticipated by Burd (U.S. Pub. App. 2013-0257065).
For claim 1, Burd discloses, in Figures 1-3, a retainer assembly for retaining a container within a compartment of an aircraft galley, the assembly comprising:
a housing (34, 20) comprising an opening (The space between 34 and 20 defines the opening. The opening is closed by the door 20. Figure 2);
a frame defining a retainer slot (includes 32 and the space in 20 that accommodates 30) located within the housing and arranged to be fixed relative to the housing (Frame includes the portion of 34 that carries 32, and the portion of 20 that carries 30. Figures 1-2.), wherein the retainer slot (32),
a retainer (30) configured to be located in the retainer slot (32) such that the retainer (30) extends from the end of the retainer slot towards the opening of the housing (Figures 1-2), wherein the retainer (30) and retainer slot (32) are arranged to allow linear motion of the retainer (30) within the retainer slot (32) in a first direction away from and towards the opening and restrict movement of the retainer in all other directions (Retainer 30 moves up and down, and this direction defines a first direction. Figures 1-2); and
a rotatable shaft (includes 24, 26) extending through at least a first wall of the housing (24, 26 are attached to a side of the housing 20 for rotational movement, para. [0011]. The axis of 24 is perpendicular to the side of the housing 20), and the frame in a second direction perpendicular to the first direction (The width of the frame is in a second direction, which is perpendicular to the first direction. In Figures 1-2, the width of the frame runs left to right.);
wherein the arrangement of the rotatable shaft (24, 26) and the retainer (30) is configured such that a rotation of the rotatable shaft between a first position and second position causes linear motion of the retainer within the retainer slot in the first direction between a stowed position (Figure 1) and a deployed position (Figure 2.)
For claim 2, Burd discloses the retainer assembly of claim 1, wherein in the stowed position the retainer is configured to be positioned within the housing (Figure 1), and in the deployed position at least a portion of the retainer is configured to be positioned outside of the housing via the opening (Figure 2.)
For claim 3, Burd discloses the retainer assembly of claim 1, wherein the arrangement of the rotatable shaft and the retainer comprises a scotch yoke or slotted link mechanism (Figures 1-2.)
For claim 4, Burd discloses the retainer assembly of claim 1, wherein the rotatable shaft (24, 26) comprises a reduced diameter portion offset from the centerline of the rotatable shaft (Portion of 26 toward 28 has reduced diameter, and offset from axis of 24, Figures 1-2.)
For claim 5, Burd discloses the retainer assembly of claim 4, wherein the reduced diameter portion of the rotatable shaft is arranged to engage with the retainer (30) such that the rotation of the rotatable shaft (24, 26) causes the linear motion of the retainer (30) within the retainer slot (32, Figures 1-2.)
For claim 6, Burd discloses the retainer assembly of claim 4, wherein the retainer (30) comprises a second slot (28) configured to house the reduced diameter portion of the rotatable shaft to form a scotch yoke or slotted link mechanism (Figures 1-2.)
For claim 7, Burd discloses the retainer assembly of claim 4, wherein the frame comprises one or more protrusions arranged to engage with one or more positioning slots within an inner wall of the housing, wherein the one or more protrusions are able translate along the length of the one or more positioning slots to thereby adjust the position of the frame within the housing (Figure 3 shows frame can be provided at various locations along the housing.)
For claim 8, Burd discloses the retainer assembly of claim 7, wherein the frame is fixed relative to the housing by one or more removable fastening devices (40) via through-holes (42) in at least one of the one or more protrusions (Para. [0014].)
For claim 9, Burd discloses the retainer assembly of claim 7, wherein a length of the reduced diameter portion of the shaft corresponds to a length of the one or more positioning slots (Figures 1-2.)
For claim 10, Burd discloses the retainer assembly of claim 7, wherein each of the one or more positioning slots comprise an open end adjacent to a recess within an inner side wall of the container, wherein the recess extends to the opening to allow removal of the frame from the housing (Figure 3 show frames at different locations inside the front wall of the housing. The space between the frames defines the recess.)
For claim 11, Burd discloses an aircraft galley compartment for housing at least one container, the compartment comprising: an opening for receiving the at least one container; at least one panel forming a surface of the compartment, wherein the at least one panel comprises the retainer assembly as claimed in claim 1; and a rotatable handle (22) arranged at a first end of the panel to allow a user to rotate the rotatable shaft (Figures 1-3, Abstract. Para. [0002].)
For claim 12, Burd discloses the aircraft galley compartment of claim 11, wherein in the stowed position the retainer (30) is configured to be within housing such that it does not extend into the compartment (figure 1), and in the deployed position the retainer (30) is configured to extend through the opening such that at least a portion of the retainer (30) is located within the compartment to retain the at least one container in position (Figure 2.)
For claim 14, Burd discloses, in Figures 1-3, a method of retaining a container within a compartment of an aircraft galley, the method comprising:
providing a housing (34, 20) comprising opening (The space between 34 and 20 defines the opening. The opening is closed by the door 20. Figure 2);
providing a frame defining a retainer slot (includes 32 and the space in 20 that accommodates 30) located within the housing and arranged to be fixed relative to the housing (Frame includes the portion of 34 that carries 32, and the portion of 20 that carries 30. Figures 1-2.),
locating a retainer (30) in the retainer slot, wherein the retainer (30) and retainer slot allow linear motion of the retainer within the retainer slot in a first direction away from and towards the opening and restrict movement of the retainer in all other directions (Figures 1-2); and providing a rotatable shaft (includes 24, 26) extending through at least a first wall of the housing (24, 26 are attached to a side of the housing 20 for rotational movement, para. [0011]. The axis of 24 is perpendicular to the side of the housing 20), and the frame in a second direction perpendicular to the first direction (The width of the frame is in a second direction, which is perpendicular to the first direction. In Figures 1-2, the width of the frame runs left to right.);
rotating the rotatable shaft between a first position and a second position to cause a linear motion of the retainer (30) within the retainer slot in the first direction between a stowed position (Figure 1) and a deployed position (Figure 2.)
For claim 15, Burd discloses the method of claim 14, wherein the linear motion of the retainer (30) is caused by a scotch yoke or slotted mechanism formed by a second slot (28) in the retainer and a reduced diameter portion of the rotatable shaft, wherein the reduced diameter portion of the rotatable shaft is offset from the centerline of the rotatable shaft (Portion of 26 toward 28 has reduced diameter, and offset from axis of 24, Figures 1-2.)
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Burd (U.S. Pub. App. 2013-0257065) alone.
For claim 13, Burd discloses the aircraft galley compartment of claim 11 with a single container, except for wherein the compartment is for housing at least two containers, and wherein the retainer assembly is positioned at a point between the at least two containers.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have at least two containers, since it has been held that mere duplication of essential working parts of a device involves only routine skill in the art. In re Regis Paper Co. v. Bemis Co., 193 USPQ 8. One skill in the art would realize that having at least two containers would yield the expected result for the intended environment.
Burd discloses the retainer at different positions in Figure 3. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Burd modified with duplication of parts to have the retainer assembly is positioned at a point between the at least two containers, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. One skill in the art would realize that having the retainer assembly at a point between the at least two containers would facilitate operating the two containers together.
Conclusion
Prior art made of record and not relied upon is considered pertinent to applicant's disclosure and provides examples of similar inventions. There are no suggestions in the prior art of record for combining any of the references to arrive at as claimed. A few of the prior art cited but not applied includes Bajorat (U.S. Pub. App. 2019-0031348), Vaninetti (U.S. Patent No. 11,130,575), and Holtorf (U.S. Patent No. 10,273,007).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHAN CUMAR whose telephone number is (571)270-3112. The examiner can normally be reached Monday thru Friday, 8:00 am to 5:00 pm EST.
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/NATHAN CUMAR/Primary Examiner, Art Unit 3675