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 .
Preliminary Amendment
The preliminary amendment filed 01-21-2025 has been entered.
Claims 12-22 are pending.
Acknowledgement is made of the substitute specification and amended abstract, both of which have been entered.
Specification
The disclosure is objected to because of the following informalities:
Recitation of specific claim numbers, see page 3, line 4; and
Failure to include proper section headings.
The following guidelines illustrate the preferred layout for the specification of a utility application. These guidelines are suggested for the applicant’s use.
Arrangement of the Specification
As provided in 37 CFR 1.77(b), the specification of a utility application should include the following sections in order. Each of the lettered items should appear in upper case, without underlining or bold type, as a section heading. If no text follows the section heading, the phrase “Not Applicable” should follow the section heading:
(a) TITLE OF THE INVENTION.
(b) CROSS-REFERENCE TO RELATED APPLICATIONS.
(c) STATEMENT REGARDING FEDERALLY SPONSORED RESEARCH OR DEVELOPMENT.
(d) THE NAMES OF THE PARTIES TO A JOINT RESEARCH AGREEMENT.
(e) INCORPORATION-BY-REFERENCE OF MATERIAL SUBMITTED ON A READ-ONLY OPTICAL DISC, AS A TEXT FILE OR AN XML FILE VIA THE PATENT ELECTRONIC SYSTEM.
(f) STATEMENT REGARDING PRIOR DISCLOSURES BY THE INVENTOR OR A JOINT INVENTOR.
(g) BACKGROUND OF THE INVENTION.
(1) Field of the Invention.
(2) Description of Related Art including information disclosed under 37 CFR 1.97 and 1.98.
(h) BRIEF SUMMARY OF THE INVENTION.
(i) BRIEF DESCRIPTION OF THE SEVERAL VIEWS OF THE DRAWING(S).
(j) DETAILED DESCRIPTION OF THE INVENTION.
(k) CLAIM OR CLAIMS (commencing on a separate sheet).
(l) ABSTRACT OF THE DISCLOSURE (commencing on a separate sheet).
(m) SEQUENCE LISTING. (See MPEP § 2422.03 and 37 CFR 1.821 - 1.825). A “Sequence Listing” is required on paper if the application discloses a nucleotide or amino acid sequence as defined in 37 CFR 1.821(a) and if the required “Sequence Listing” is not submitted as an electronic document either on read-only optical disc or as a text file via the patent electronic system.
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
The following phrases invoke 112(f): claim 12, line 8, claim 13, line 1, and claim 14, line 1, “actuation means”; and claim 16, line 2, “maneuvering means”.
Claim Objections
Claims 12-15, 21, and 22 are objected to because of the following informalities:
Claim 12, line 1, after “for” insert --a-- and change “hinges for items” to --hinge for an item--;
Claim 13, line 1, change “are” to --is--;
Claim 14, line 1, change “are” to --is--;
Claim 15, line 1, change “comprise” to --comprises--;
Claim 15, line 3, change “can move” to --moves--;
Claim 21, line 2, after “or” insert --of--;
Claim 21, line 4, change “a” to --the-- and change “of said wings or said” to --or--; and
Claim 22. A hinge for an item[[s]] of furniture comprising the base of claim 12, [[which]] wherein said hinge comprises a first articulated quadrilateral provided with a first coupling element which is configured to be associated with a first component of [[an]] said item of furniture and a second articulated quadrilateral provided with a second coupling element which is configured to be associated with a second component of said item of furniture, the hinge being adapted to assume alternatively an open configuration and a closed configuration, wherein at least one of said coupling elements comprises [[a]] said base .
Appropriate correction is required.
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 12-14, 18, and 22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by EP 1688569 (hereinafter “EP569”).
Regarding claim 12, EP569 discloses an adjustable base for mounting hinges for items of furniture, which comprises: - a fixing element 22, which is configured to be associated with a component 5 of an item of furniture, - a supporting element 4, which is configured to be associated with at least one component of a hinge 1, - guiding means 37,39 for slideably guiding said supporting element with respect to said fixing element along a longitudinal direction, - actuation means 26 for slideably actuating, along said longitudinal direction, said supporting element with respect to said fixing element, wherein said fixing element comprises a pair of side walls 39 (Fig. 5) which are substantially parallel to said longitudinal direction and are arranged on opposite sides of a longitudinal central plane, and wherein said supporting element comprises a pair of wings 37 (Fig. 5) which are substantially parallel to said longitudinal direction and are arranged between said side walls (Fig. 6) on opposite sides of said longitudinal central plane, each wing being slideably associated with a respective one of said side walls (Fig. 6) so as to define said guiding means.
Regarding claim 13, wherein said actuation means 26 is arranged at said longitudinal central plane (Figs. 5-6).
Regarding claim 14, wherein said actuation means 26 is arranged at a longitudinal end of said base (Figs. 5-6).
Regarding claim 18, further comprising two pair of holes (first pair receiving pivot 11, second pair receiving pivot 14), each hole being associated with one of said wings 37, which are mutually aligned transversely to said longitudinal direction for the insertion of at least one corresponding connecting pivot 11 and 14 of said at least one component of said hinge (Fig. 5-6).
Regarding claim 22, a hinge 1 for an item of furniture 5,7, which comprises a first articulated quadrilateral ([0033]) provided with a first coupling element which is configured to be associated with a first component 5 of an item of furniture and a second articulated quadrilateral ([0033]) provided with a second coupling element which is configured to be associated with a second component 7 of said item of furniture, the hinge being adapted to assume alternatively an open configuration and a closed configuration, wherein at least one of said coupling elements comprises the base according to claim 12 ([0033]).
Claim Rejections - 35 USC § 103
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.
Claims 12-17 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. (US#2008/0271291).
Regarding claim 12, Chen discloses an adjustable base for mounting hinges for items of furniture, which comprises: - a fixing element 3, which is configured to be associated with a component 8 of an item of furniture, - a supporting element 2, which is configured to be associated with at least one component of a hinge (Fig. 1), - guiding means 24,31 for slideably guiding said supporting element with respect to said fixing element along a longitudinal direction, - actuation means 7 for slideably actuating, along said longitudinal direction, said supporting element with respect to said fixing element, wherein said fixing element comprises a pair of side walls 31 which are substantially parallel to said longitudinal direction and are arranged on opposite sides of a longitudinal central plane, and wherein said supporting element comprises a pair of wings 24 which are substantially parallel to said longitudinal direction and are arranged outside (not between) said side walls on opposite sides of said longitudinal central plane, each wing being slideably associated with a respective one of said side walls so as to define said guiding means.
Regarding claim 12, Chen discloses the side walls 31 of the fixing element 3 are arranged between the wings 24 of the supporting element 2 which is the reverse of the applicant’s claimed arrangement of the wings of the supporting element being arranged between the side walls of the fixing element. However, it would have been an obvious design consideration to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Chen via a reversal of components such that the wings of the supporting element were arranged between the side walls of the fixing element, as the reversal of components in a prior art reference, where there is no disclosed significance to such reversal, is a design consideration within the skill of the art. In re Gazda, 219 F.2d 449, 104 USPQ 400 (CCPA 1955); In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950). The reversal of components would ensure smooth sliding therebetween as the fixing element 3 which is fixed to the fixed component 8 of the furniture item would provide stable housing of the movable supporting element 2 of the hinge therein.
Regarding claim 13, wherein said actuation means 7 is arranged at said longitudinal central plane (Fig. 1).
Regarding claim 14, wherein said actuation means 7 is arranged at a longitudinal end (not the center) of said base (Fig. 1).
Regarding claim 15, wherein said actuation means 7 comprise an eccentric pivot which is engaged rotationally in a seat 33 associated with said fixing element and is accommodated so that it can move within a slot 221 which is substantially transverse to said longitudinal direction and is associated with said supporting element (Fig. 1, [0031]).
Regarding claim 16, wherein said eccentric pivot comprises maneuvering means (recess for screwdriver in head 72) for rotational actuation with respect to said seat.
Regarding claim 17, wherein said maneuvering means comprise a coupling seat (recess for screwdriver in head 72) which is configured to be associated with a tool (screwdriver) for the rotational actuation of said eccentric pivot.
Regarding claim 21, further comprising at least one tooth 32 which protrudes from one of said side walls or of said wings and is accommodated so that it is configured to move along at least one corresponding slit defined by element 22 which is substantially parallel to said longitudinal direction and is associated with a corresponding wing of said wings or said side wall so as to prevent a separation of the fixing element and the supporting element ([0027], Figs. 1 and 3).
Claims 12-19 are rejected under 35 U.S.C. 103 as being unpatentable over Isele (US#2004/0163213).
Regarding claim 12, Isele discloses an adjustable base for mounting hinges for items of furniture, which comprises: - a fixing element 4, which is configured to be associated with a component 3 of an item of furniture, - a supporting element 7, which is configured to be associated with at least one component of a hinge (Fig. 1), - guiding means 4’,7’ for slideably guiding said supporting element with respect to said fixing element along a longitudinal direction, - actuation means 29 for slideably actuating, along said longitudinal direction, said supporting element with respect to said fixing element ([0042]), wherein said fixing element comprises a pair of side walls 4’ which are substantially parallel to said longitudinal direction and are arranged on opposite sides of a longitudinal central plane, and wherein said supporting element comprises a pair of wings 7’ which are substantially parallel to said longitudinal direction and are arranged outside (not between) said side walls on opposite sides of said longitudinal central plane, each wing being slideably associated with a respective one of said side walls so as to define said guiding means (Fig. 2).
Regarding claim 12, Isele discloses the side walls 4’ of the fixing element 4 are arranged between the wings 7’ of the supporting element 7 which is the reverse of the applicant’s claimed arrangement of the wings of the supporting element being arranged between the side walls of the fixing element. However, it would have been an obvious design consideration to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Isele via a reversal of components such that the wings of the supporting element were arranged between the side walls of the fixing element, as the reversal of components in a prior art reference, where there is no disclosed significance to such reversal, is a design consideration within the skill of the art. In re Gazda, 219 F.2d 449, 104 USPQ 400 (CCPA 1955); In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950). The reversal of components would ensure smooth sliding therebetween as the fixing element 4 which is fixed to the fixed component 3 of the furniture item would provide stable housing of the movable supporting element 7 of the hinge therein.
Regarding claim 13, wherein said actuation means 29 is arranged at said longitudinal central plane (Figs. 1-2).
Regarding claim 14, wherein said actuation means 29 are arranged at a longitudinal end of said base (Fig. 1).
Regarding claim 15, wherein said actuation means 29 comprise an eccentric pivot 30 which is engaged rotationally in a seat 28 associated with said fixing element and is accommodated so that it can move within a slot 31 which is substantially transverse to said longitudinal direction and is associated with said supporting element ([0042]).
Regarding claim 16, wherein said eccentric pivot 30 comprises maneuvering means (recess for tool in head thereof) for rotational actuation with respect to said seat.
Regarding claim 17, wherein said maneuvering means comprise a coupling seat (recess for tool in head thereof) which is configured to be associated with a tool (turning thereof) for the rotational actuation of said eccentric pivot ([0042]).
Regarding claims 18 and 19, Isele discloses a pair of slots 21 in the wings 7’ of the supporting element 7 which are mutually aligned, transversely to said longitudinal direction, and a cooperating pair of holes 20 in the side walls 4’ of the fixing element 4 which are mutually aligned transversely to said longitudinal direction, for the insertion of at least one corresponding connecting pivot 22 through the slots and holes. However, upon the reversal of components applied to claim 12 above, the slots would be associated with the side walls 4’ and the holes would be associated with the wings 7’, as claimed by the applicant, to allow sliding therebetween.
Allowable Subject Matter
Claim 20 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.
The following is a statement of reasons for the indication of allowable subject matter: Regarding claim 20, the prior art of record fails to disclose or suggest an abutment plate for riveting an end of said at least one connecting pivot, which is arranged outside one of said side walls with respect to said longitudinal central plane and is provided with at least one opening in which said at least one pivot is inserted so as to pass through.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892.
It is noted US#2006/0156513 cited by the examiner is the equivalent of EP569 cited by the applicant.
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.
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, 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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