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 .
Response to Amendment
Amendment to claims of 04/28/2026 is acknowledged.
Claim rejections under 35 USC § 112 in the Office action of 02/06/2026 are withdrawn.
Response to Arguments
Applicant's arguments filed 04/28/2026 have been fully considered but they are not persuasive. Applicant argues, on page 7, that Burd’s “opening” is external to the “housing.” Burd shows the “opening” is within the “housing”, as shown below. Applicant's argument is not persuasive.
Amended claims are rejected as shown below.
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) 1-7, 9-12, and 14-20 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) comprising an opening (as shown below, and includes the space between the planar faces of the housing within which the frame is disposed.) extending into a planar face of the housing (Figure 1 and as shown below);
a frame (as shown below) defining a retainer slot (slot in which movable 30 is disposed defines the retainer slot) located within the opening and arranged to be fixed relative to the housing (Frame is arranged to be fixed to the housing 34, Para. [0011]),
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 planar face of the housing (Figures 1-2 and as shown below), wherein the retainer (30) and retainer slot are arranged to allow linear motion of the retainer (30) within the retainer slot in a first direction away from and towards the planar face 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 and the frame in a second direction perpendicular to the first direction (shaft 24 is attached to a side of 20 which is attached to 34, para. [0011]. The axis of 24 is perpendicular to a wall of the housing 34 and the frame, and the direction of axis of 24 defines the second direction.);
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.)
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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 radially offset from and extending parallel to the centerline of the rotatable shaft (Portion of 26 connected to 28 has reduced diameter, parallel 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 (end of 28 within 30) perpendicular to and intersecting the retainer slot 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 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) comprising an opening (as shown above, and includes the space between the planar faces of the housing within which the frame is disposed.) extending into a planar face of the housing (Figure 1 and as shown above);
providing a frame (as shown above) defining a retainer slot (slot in which 30 resides defines the retainer slot) located within the opening and arranged to be fixed relative to the housing (Frame is fixed to 34, para. [0011]),
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 planar face and restrict movement of the retainer in all other directions (The direction of movement of 30 defines the first direction. Figures 1-2 and as shown above.); and
providing a rotatable shaft (includes 24, 26) extending through at least a first wall of the housing and the frame in a second direction perpendicular to the first direction (shaft 24 is attached to a side of 20 which is attached to 34, para. [0011]. The axis of 24 is perpendicular to a wall of the housing 34 and the frame, and the direction of axis of 24 defines the second direction.);
rotating the rotatable shaft (24, 26) between a first position and second position causes 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.)
For claim 16, Burd discloses the retainer assembly of claim 4, wherein the rotatable shaft extends longitudinally through the first wall, the first wall perpendicular to the planar face of the housing (Figures 1-2, and as shown above)
For claim 17, Burd discloses the retainer assembly of claim 4, wherein the reduced diameter portion is received into and rotates within the retainer slot (Figures 1-2.)
For claim 18, Burd discloses the retainer assembly of claim 1, wherein the housing is defined by the first wall, a second wall opposing the first wall, a third wall extending between the first wall and the second wall, and a fourth wall extending between the first wall and the second wall, wherein the retainer is coupled to the third wall and the fourth wall, and wherein the retainer is disposed between the first wall and the second wall (Figures 1-2 and as shown above.)
For claim 19, Burd discloses the method of claim 14, wherein the rotatable shaft (24) extends longitudinally through the first wall, the first wall perpendicular to the planar face of the housing (Figures 1-2.)
For claim 20, Burd discloses the method of claim 14, wherein the reduced diameter portion (end of 26 within 28) is received into and rotates within the retainer slot (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 container and retainer assembly, 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 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.
Allowable Subject Matter
Claim 8 is 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
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).
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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.
Examiner interviews are available via telephone, 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, KRISTINA FULTON can be reached at 571-272-7376. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NATHAN CUMAR/Primary Examiner, Art Unit 3675
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