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 .
Election/Restrictions
Applicant’s election without traverse of Species IV, Figs. 11a-13, and claims 1, 3-6, and 9-16 in the reply filed on 06-16-2026 is acknowledged.
Claims 2, 7, and 8 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim.
Claim Objections
Claim 16 is objected to because of the following informalities:
Claim 16, line 3, delete “, in particular”.
Appropriate correction is required.
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 4, 6, and 9-11 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.
Regarding claim 4, line 5, claim 6, lines 5, 7, and 10, claim 9, line 3, claim 10, lines 3 and 6, and claim 11, line 3, the term “preferably” renders the claims indefinite because it is unclear whether the limitations following the term are part of the claimed invention. See MPEP § 2173.05(d). For purposes of examination, the limitations following the term “preferably” are not being considered as part of the claimed invention.
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, 3-6, and 9-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Brunnmayr (US#2008/0054771).
Regarding claim 1, Brunnmayr discloses a synchronization device comprising at least two drive devices 4 for moving a movable furniture part 7; at least one synchronization rod 10 for synchronizing a movement of the at least two drive devices, a first end “region” of the synchronization rod being connected to a first pivoting member 17 (Fig. 6) of the first drive device, and a second end “region” (opposite the first end region) of the synchronization rod being connected to a second pivoting member 17 of the second drive device; at least one length compensating device 10a,10b,18,18’ (Fig. 6 and [0033]) configured to at least partially compensate for a play between the at least two drive devices and the synchronization rod in a direction extending in a longitudinal direction of the synchronization rod in a mounted condition of the synchronization rod, and wherein at least one of the drive devices includes a housing 11, and the length compensating device is at least partially integrated into the synchronization rod ([0033], “The synchronisation rod 10 comprises two parts 10a and 10b constructed so that they can be displaced relative to each other. Thus the synchronisation rod 10 can be made to fit into a frame of any width for furniture item 1. If the length is adjusted to link the two positioning devices 4, the relative position of the two parts 10a and 10b can be secured using the securing arrangement 18 which comprises an eccentric catch. The eccentric catch is inserted into the recess 18', thereby locking both parts 10a and 10b.”).
Regarding claim 1, line 12, via the alternative phrase “and/or”, the claim does not also require the limitation, “the length compensating device is at least partially integrated into the housing.”.
Regarding claim 3, wherein each of the pivoting members 17 includes an interface (elongated hole) for releasably fixing portion 10’ of the synchronization rod 10 ([0033]-[0034], Fig. 6).
Regarding claim 4, wherein the interface (elongated hole of 17): is configured via its polygonal shape (Fig. 6) such that the synchronization rod 10 is connectable to the pivoting member 17 only in one single pivoting position ([0034], “no play”) within a pivoting angle range of 360°.
Regarding claim 4, line 3, via the alternative phrase “and/or”, the claim does not also require wherein the interface “includes an assembling portion having an outer contour deviating from a circular form, and a receiving portion for receiving the assembling portion in a form-locking manner, preferably wherein the outer contour includes, over a region, a plurality of protrusions arranged substantially equidistantly in the pivoting direction, and further includes a flattening or a recess which is arranged instead of a protrusion.”.
Regarding claim 5, wherein the length compensating device 10a,10b,18,18’ further includes at least one force storage member (spring) operating in the longitudinal direction of the synchronization rod ([0012], “In order to fit the same synchronisation rod to different widths of furniture frames it can be provided that the synchronisation rod comprises at least two parts which are displaceable--preferably telescopically--relative to each other or can attached to each other. The parts can be constructed so that they are acted on by a spring force which forces both parts apart where the synchronisation rod is supported at both ends in the fitted condition and held in place by an expansion force.”).
Regarding claim 6, wherein the length compensating device 10a,10b,18,18’ includes at least one play compensating element 18,18’ at least minimally operating in a direction extending transversely to the longitudinal direction of the synchronization rod as element 18 is inserted into (i.e. in a direction transverse to the rod) element 18’, and a play occurring in a direction extending transversely to the longitudinal direction of the synchronization rod can be at least minimally compensated for by the at least one play compensating element.
Regarding claim 6, line 5, via the term “preferably”, the claim does not also require “wherein the at least one play compensating element: is configured as a spring element, preferably wherein the spring element is a leaf spring or a helical spring, and/or includes at least one wedge element having a wedge surface extending inclinedly to the longitudinal direction of the synchronization rod, preferably wherein the at least one wedge element is pre-stressed by a spring element in a direction extending parallel to the longitudinal direction of the synchronization rod, and/or is displaceably supported in the longitudinal direction of the synchronization rod.”
Regarding claim 9, wherein the length compensating device 10a,10b,18,18’ includes at least two connecting members 10a and 10b displaceably supported relative to each other in the longitudinal direction of the synchronization rod 10.
Regarding claim 10, the connecting members 10 and 10b are at least minimally displaceably supported in a direction extending transversely to the longitudinal direction of the synchronization rod via their direct engagement to the drive elements 4 which extend transversely to the longitudinal direction of the synchronization rod.
Regarding claim 10, lines 4 and 5, via the phrases “and/or”, the claim does not also require wherein: one of the connecting members includes an outer contour with an inclined surface, preferably two inclined surfaces, and the other of the connecting members includes an inner contour with a corresponding counterform, and/or one of the connecting members includes an outer contour in the form of a hexagon.
Regarding claim 11, wherein the synchronization rod 10, on at least one of the end “regions” (e.g. portion 10b), includes at least one cavity 18’ and the length compensating device portion 18 is at least partially arranged within the cavity.
Regarding claim 11, line 3, via the term “preferably”, the claim does not also require “wherein the length compensating device includes at least one first force storage member operating in the longitudinal direction of the synchronization rod, and the force storage member is at least partially arranged within the cavity of the synchronization rod.”
Regarding claim 12, further comprising at least one cover element 13 displaceably arranged relative to the synchronization rod 10 in the longitudinal direction of the synchronization rod and being configured to cover an end “region” of the synchronization rod ([0034], Fig. 7).
Regarding claim 13, wherein the length compensating device portion 18,18’ is arranged on the synchronization rod 10 on one end “region” only, namely only on rod portion 10b (Fig. 6).
Regarding claim 14, portion 18 of the length compensating device is configured to be connected to the synchronization rod 10 in a “friction-locked” manner ([0033], “If the length is adjusted to link the two positioning devices 4, the relative position of the two parts 10a and 10b can be secured using the securing arrangement 18 which comprises an eccentric catch. The eccentric catch is inserted into the recess 18', thereby locking both parts 10a and 10b.”).
Regarding claim 15, wherein at least one of the drive devices 4 includes at least one actuating arm 5’ pivotable about a first pivoting axis for moving the movably-supported furniture part 7 relative to the housing 11, wherein the pivoting member 17 of the drive device is arranged laterally offset with respect to the first pivoting axis of the actuating arm (see Fig. 1).
Regarding claim 16, wherein the synchronization rod 10 is configured to be releasably connected to the pivoting members 17 of the drive devices 4, also when the drive devices have already been pre mounted to a furniture carcass 1.
Regarding claim 16, lines 4, 6, and 11, via the phrase “and/or”, the claim does not also require the rod “is connected to the pivoting members of the drive devices in a torque-proof manner in a mounted condition, and/or is pre-stressed relative to the two pivoting members of the drive devices with a predetermined holding force by the length compensating device between the two opposing pivoting members of the two drive devices in a longitudinal direction of the synchronization rod, and is held between the two pivoting members in a longitudinal direction of the synchronization rod without play, and/or is configured to be invariable in length, and/or has an identical cross-section over an entire length, and/or is configured as a hollow profile with an identical inner diameter over an entire length.”
Conclusion
The applicant is advised to review its cited references of WO 2022/082237 and Steinhauser (US#2014/0191632) with respect to the claimed invention.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892.
It is noted Isele et al. (US#2012/0181909) discloses a similar synchronization device comprising: at least two drive devices 4; movable furniture part 2a; at least one synchronization rod 6; at least one length compensating device ([0032]); and a housing 3a or 3b.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM L MILLER whose telephone number is (571)272-7068. The examiner can normally be reached 9:30 - 6:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jason San can be reached at (571) 272-6531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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WILLIAM L. MILLER
Primary Examiner
Art Unit 3677
/WILLIAM L MILLER/Primary Examiner, Art Unit 3677
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