Notice of Pre-AIA or AIA Status
This is a first office action on the merits of application SN 18/976,605 and 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 7, 8, 10, and 12 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 7, the phrase "preferably" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Regarding claim 8, the phrase "preferably" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Regarding claim 10, the phrase "preferably" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Regarding claim 12, the phrase "preferably" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
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.
Claim(s) 1, 3, and 13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by DE 10 2010 043 532 to Herbolsheimer.
Herblosheimer teaches
1. A telescopic extension (figure 1) having a stationary inner rail (4) and at least one outer rail (6) mounted displaceably relative to the stationary inner rail between a fully inserted position and a fully extracted position in an insertion direction (figures 1-4) and in the extraction direction (figures 1-4) opposite thereto, and with a front quick-fastening element (26) and a rear quick-fastening element (28), which are fixed at a distance from one another to the inner rail of the telescopic extension, wherein the quick-fastening elements are designed for releasable mounting of the telescopic extension on a side grid, which has at least a front vertical grid bar (16), a rear vertical grid bar (16) arranged at a distance from and essentially parallel to the front vertical grid bar, and at least one horizontal grid bar (12,14) extending essentially perpendicular to the vertical grid bars and connecting them, whereby the horizontal grid bar has at a front end an angled front end section (figure 4) which is connected to the front vertical grid bar, extends out of the plane spanned by the two vertical grid bars and extends at an angle into a horizontal section () of the horizontal grid bar, which extends to the rear vertical grid bar, and wherein the horizontal grid bar has, at a rear end opposite the front end, an angled rear end section which is connected to the rear vertical grid bar, extends out of the plane spanned by the two vertical grid bars and transitions at an angle into the horizontal section of the horizontal grid bar, or is connected directly to the rear vertical grid bar, wherein the rear quick-fastening element has a supporting angle (figure 3), a first abutment section (figure 3) and a second abutment section (figure 3) arranged offset in relation to the first abutment section in the insertion direction, wherein the first abutment section is configured for engagement with a rear vertical grid bar in the insertion direction and has a surface facing in the insertion direction for support on a surface of a rear vertical grid bar pointing in the extraction direction when the telescopic slide is mounted on a side grid, wherein the second abutment section is configured for engagement with a rear vertical grid bar in the insertion direction and has a surface facing in the insertion direction for support on a surface of a rear vertical grid bar pointing in the extraction direction when the telescopic slide is mounted on a side grid, and wherein the supporting angle connects the first abutment section and the second abutment section in a straight line or at an angle.
3. wherein the supporting angle has a fixing section (figure 3) for connecting the rear quick-fastening element to the stationary inner rail.
13. wherein the side grid has a front vertical grid bar, a rear vertical grid bar arranged at a distance from and essentially parallel to the front vertical grid bar, and at least one horizontal grid bar extending essentially perpendicular to and connecting the vertical grid bars, wherein the horizontal grid bar has at a front end an angled front end section which is connected to the front vertical grid bar, extends out of the plane defined by the two vertical grid and passes at an angle into a horizontal section of the horizontal grid bar, which extends to the rear vertical grid bar, and whereby the horizontal grid bar has, at a rear end opposite the front end, an angled rear end section which is connected to the rear vertical grid bar, extends out of the plane spanned by the two vertical grid bars and merges at an angle into the horizontal section of the horizontal grid bar, or is directly connected to the rear vertical grid bar, wherein the front end section of the horizontal grid bar extends through the receiving area of the hook so that the hook rests on the front end section when the telescopic extension is mounted on the side grid (as best seen in figure 1-4).
Claim(s) 1-5 and 13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chinese Patent CN 117223732 to Heffel.
Heffel teaches
1. A telescopic extension (1) having a stationary inner rail (1a) and at least one outer rail (1b) mounted displaceably relative to the stationary inner rail between a fully inserted position and a fully extracted position in an insertion direction (figures 1-2) and in the extraction direction (figures 1-2) opposite thereto, and with a front quick-fastening element (4) and a rear quick-fastening element (5), which are fixed at a distance from one another to the inner rail of the telescopic extension, wherein the quick-fastening elements are designed for releasable mounting of the telescopic extension on a side grid (figure 1), which has at least a front vertical grid bar (2a), a rear vertical grid bar (2b) arranged at a distance from and essentially parallel to the front vertical grid bar, and at least one horizontal grid bar (3e) extending essentially perpendicular to the vertical grid bars and connecting them, whereby the horizontal grid bar has at a front end an angled front end section (3a) which is connected to the front vertical grid bar, extends out of the plane spanned by the two vertical grid bars and extends at an angle into a horizontal section (figure 1 and 2) of the horizontal grid bar, which extends to the rear vertical grid bar, and wherein the horizontal grid bar has, at a rear end opposite the front end, an angled rear end section which is connected to the rear vertical grid bar, extends out of the plane spanned by the two vertical grid bars and transitions at an angle into the horizontal section of the horizontal grid bar, or is connected directly to the rear vertical grid bar, wherein the rear quick-fastening element has a supporting angle (Figure 2), a first abutment section (as best seen in figure 2) and a second abutment section (as best seen in figure 2) arranged offset in relation to the first abutment section in the insertion direction, wherein the first abutment section is configured for engagement with a rear vertical grid bar in the insertion direction and has a surface facing in the insertion direction for support on a surface of a rear vertical grid bar pointing in the extraction direction when the telescopic slide is mounted on a side grid, wherein the second abutment section is configured for engagement with a rear vertical grid bar in the insertion direction and has a surface facing in the insertion direction for support on a surface of a rear vertical grid bar pointing in the extraction direction when the telescopic slide is mounted on a side grid, and wherein the supporting angle connects the first abutment section and the second abutment section in a straight line or at an angle.
2. wherein the supporting angle has a cutout (as best seen in figure 2) or the supporting angle and the second abutment section have a cutout which is designed and arranged for the introduction of a horizontal grid bar of a side grid when the telescopic rail is mounted on the side grid.
3. wherein the supporting angle has a fixing section (as best seen in figure 3) for connecting the rear quick-fastening element to the stationary inner rail.
4. wherein the first abutment section and/or the second abutment section have a U-shaped cross section for gripping around a rear vertical grid bar from a side facing in the extraction direction and from the two sides perpendicular thereto, or wherein the first abutment section and/or the second abutment section have an L-shaped cross-section for gripping around a rear vertical grid bar from a side pointing in the extraction direction and from a side perpendicular thereto (as best seen in figures 1-6).
5. wherein the supporting angle has a bearing surface for placing and supporting the rear quick-fastening element on a horizontal grid bar, or wherein the supporting angle has a cutout with a bearing surface for supporting the rear quick-fastening element on a horizontal grid bar and with lateral edges extending from the bearing surface for engaging around the horizontal grid bar (as best seen in figures 1-6).
13. wherein the side grid has a front vertical grid bar, a rear vertical grid bar arranged at a distance from and essentially parallel to the front vertical grid bar, and at least one horizontal grid bar extending essentially perpendicular to and connecting the vertical grid bars, wherein the horizontal grid bar has at a front end an angled front end section which is connected to the front vertical grid bar, extends out of the plane defined by the two vertical grid and passes at an angle into a horizontal section of the horizontal grid bar, which extends to the rear vertical grid bar, and whereby the horizontal grid bar has, at a rear end opposite the front end, an angled rear end section which is connected to the rear vertical grid bar, extends out of the plane spanned by the two vertical grid bars and merges at an angle into the horizontal section of the horizontal grid bar, or is directly connected to the rear vertical grid bar, wherein the front end section of the horizontal grid bar extends through the receiving area of the hook so that the hook rests on the front end section when the telescopic extension is mounted on the side grid (as best seen in figures 1-6).
Allowable Subject Matter
Claims 6, 9, and 11 are 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.
Claims 7, 8, 10, and 12 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY MICHAEL AYRES whose telephone number is (571)272-8299. The examiner can normally be reached Monday - Friday 11:30-8.
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/TIMOTHY M AYRES/Examiner, Art Unit 3637
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