DETAILED ACTION
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 § 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Pub No.: 20140339973 (“FAN et al.”)
Regarding Claims 1-4, FAN et al. discloses Claim 1-safety slide rail device comprising: an outer rail (10) unit including an outer rail (10) that has a sliding surface, and a safety blocking member (40) that is disposed on said sliding surface; and an intermediate rail (30) slidably disposed on said sliding surface (via 15); wherein said safety blocking member (40) is frictionally engaged with said intermediate rail (30) so as to impede sliding movement of said intermediate rail (30) relative to said outer rail (10); Claim 2-wherein said safety blocking member (40) has a protrusion (45) in frictional contact with said intermediate rail (30); Claim 3- wherein said safety blocking member (40) further has a main body portion (base portion, as seen in fig.4) that is formed with an opening (via 15), and a resilient arm portion (412) that extends from said main body portion into said opening (15); and said protrusion (45) is formed on said resilient arm portion (412); Claim 4-wherein said safety blocking member (40) is made of one of a metal material and a plastic material (as envisaged in Figs.1-2, appears to be made from sheet metal).
Claims 1-4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Pub No.: US 20180343764 A1 (“Tang et al.”)
Regarding Claims 1-4, Tang et al. discloses Claim 1-safety slide rail device comprising: an outer rail (10) unit including an outer rail (10) that has a sliding surface, and a safety blocking member (140) that is disposed on said sliding surface; and an intermediate rail (20) slidably disposed on said sliding surface; wherein said safety blocking member (140) is frictionally engaged with said intermediate rail (20) so as to impede sliding movement of said intermediate rail (20) relative to said outer rail (10); Claim 2-wherein said safety blocking member (140) has a protrusion (protruding end portion of 140) in frictional contact with said intermediate rail (20, via 260); Claim 3- wherein said safety blocking member (140) further has a main body portion (base portion, as seen in Fig.1) that is formed with an opening (along 10), and a resilient arm portion (connected to10) that extends from said main body portion into said opening (along 10); and said protrusion (protruding end potion of 140) is formed on said resilient arm portion (connected to 10); Claim 4-wherein said safety blocking member (140) is made of one of a metal material and a plastic material (as envisaged in Figs.1-2, appears to be made from sheet metal).
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 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 of this title, 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 5-6 are rejected under 35 U.S.C 103(a) as being unpatentable over FAN et al. as applied to Claim 2 above, alone.
Regarding Claims 5-6, FAN et al. discloses wherein said safety protrusion (45) has a protruding surface; Claim 6- wherein said intermediate rail (30) further has an engaging recess (315); and said protrusion (45) of said safety blocking member (via 45) is resiliently and removably engaged with said engaging recess (315).
FAN et al. discloses the claimed invention but does not disclose the protrusion has a dome surface.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the shape of the protrusion to have a dome surface, as a simple round shape is easier to manufacturer. It has been held that a change of shape is obvious absent persuasive evidence that the particular configuration of the claimed container was significant. In re Dailey 357 F.2d 669, 672-73 (CCPA 1966) (referred to in MPEP 2144.04(IV)(B))
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 KIMBERLEY S WRIGHT whose telephone number is (571)270-3328. The examiner can normally be reached on M-F 12:30-6:30.
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, Daniel Troy can be reached on 5712703742. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KIMBERLEY S WRIGHT/Primary Examiner, Art Unit 3637