Notice of Pre-AIA or AIA Status
This is a first office action on the merits of application SN 19/008,087 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 1-13 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 1, 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 1 recites the limitation "a drawer" in line 9. There is insufficient antecedent basis for this limitation in the claim. It is unclear if this drawer is the same or different than the drawer recited in line 5.
Claim 3 recites a series of the phrase “and/or” which renders the claim indefinite since it is unclear what is being positively claimed given the amount of nested alternatives.
Regarding claim 4, 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 4 recites a series of the phrase “and/or” which renders the claim indefinite since it is unclear what is being positively claimed given the amount of nested alternatives.
Regarding claim 5, 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 5 recites the limitation "a hollow profile" in line 1. There is insufficient antecedent basis for this limitation in the claim. It is unclear if this hollow profile is the same or different than the hollow profile recited in claim 1, line 6.
Regarding claim 6, 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 6 recites a series of the phrase “and/or” which renders the claim indefinite since it is unclear what is being positively claimed given the amount of nested alternatives.
Regarding claim 11, 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) 1-13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WIPO Publication WO 2008028809 to Erfinder.
Erfinder teaches
1. An assembly comprising: at least one drawer pull-out guide (), the drawer pull-out guide including a carcass rail (16,32) configured to be fixed to a furniture carcass and at least one extension rail (23) displaceable relative to the carcass rail, the drawer pull-out guide including at least one coupling device (17) configured to releasably couple the extension rail to a drawer (10), at least one drawer sidewall (12,13) having a hollow profile made of metal and at least one first coupling element (20) configured to be, preferably releasably, coupled to the coupling device of the drawer pull-out guide, and at least one second coupling element (28) configured to be fixed to a drawer made of a wood material and which is to be alternatively, preferably releasably, coupled, instead of the at least one first coupling element, to the coupling device of the drawer pull-out guide (figure 8-9 and 13).
2. wherein the at least one coupling device includes at least one pivotable or bendable coupling lever (figure 10) configured to be releasably coupled to the coupling elements.
3. wherein the at least one coupling lever: is pivotable or bendable about a vertically extending axis in a mounted position, and/or includes at least two locking surfaces arranged offset along a longitudinal direction of the drawer sidewall or of the drawer, and/or includes at least one handle for releasing the coupling between the drawer sidewall and the extension rail, and/or is supported on a flexure joint configured to apply a force to the coupling lever, and/or includes at least one guide in which a limb of the extension rail is displaceably guided (due the 112 issues, the examiner considers that figure 13 appears teaches the joint being claimed).
4. wherein the first coupling element and/or the second coupling element: includes a bearing surface, preferably wherein the bearing surface is configured to bear against the drawer sidewall or on the drawer, and/or includes an abutment surface extending in the longitudinal direction of the drawer sidewall, preferably wherein the abutment surface is configured to bear against a vertical limb of the extension rail or against a vertical limb of the drawer, and/or includes an abutment surface extending in a direction transversely to the longitudinal direction of the drawer sidewall, preferably wherein the abutment surface is configured to be releasably coupled to the coupling lever, and/or includes at least one inclined surface configured to deflect the coupling lever, upon coupling with the coupling element, against a spring force in a direction extending transversely to the longitudinal direction of the drawer sidewall (due the 112 issues, the examiner considers that figures 10-13 appears teaches the coupling element being claimed).
5. wherein the drawer sidewall includes a hollow profile and a connecting device () for releasably connecting a front panel to the drawer sidewall, wherein the connecting device is at least partially arranged within the hollow profile, preferably wherein the connecting device includes the first coupling element for releasably coupling the drawer sidewall to the extension rail of a drawer pull-out guide.
6. wherein the connecting device: includes at least one locking device for releasably locking at least one holding portion to be fixed to the front panel, preferably wherein the locking device includes at least one, preferably spring-loaded and/or displaceably-supported, locking element, and/or includes at least one adjustment device configured to adjust a position of the front panel relative to the drawer sidewall in at least one direction, preferably in a direction extending transversely to a longitudinal direction of the drawer sidewall, preferably wherein the at least one adjustment device includes at least one eccentric, and/or is substantially entirely received, apart from the coupling device, within the drawer sidewall in a mounted condition on the drawer sidewall, and/or includes a base body, preferably wherein the base body is made of plastic and/or is configured substantially L-shaped (due the 112 issues, the examiner considers that figures 1-14 appears teaches the locking mechanism being claimed).
7. wherein the drawer sidewall, in a coupled condition with the extension rail of the drawer pull-out guide, is at least partially arranged between a fastening portion (figures 1-14) of the carcass rail of the drawer pull-out guide and a vertical limb of the extension rail, the vertical limb being arranged parallel to the fastening portion.
8. wherein the drawer sidewall includes a groove (figure 1) extending in a longitudinal direction of the drawer sidewall for receiving an edge of a drawer bottom, wherein the groove includes at least one upper holding limb and at least one lower holding limb (), the lower holding limb being spaced apart from upper holding limb and extending substantially parallel thereto, and the edge of the drawer bottom can be arranged between the upper holding limb and the lower holding limb, preferably wherein at least one side face of the drawer sidewall is formed by an integral one-piece metal portion (figure 1), wherein the groove, jointly with the two holding limbs is formed into the metal portion by bendings.
9. wherein the drawer sidewall is substantially cuboidal and/or is substantially rectangular in a cross-sectional plane extending perpendicular to the longitudinal direction of the drawer sidewall (figure 1).
10. further comprising at least one front panel (not shown, but described in abstract) for the drawer.
11. wherein the assembly: includes at least one drawer bottom (11) configured to be connected to the drawer sidewall and/or to the front panel, and/or includes at least one rear wall to be arranged in a direction extending parallel to the front panel, preferably wherein the drawer sidewall includes at least one rear wall holder for, preferably releasably, connecting the rear wall to the drawer sidewall.
12. A method for coupling a drawer sidewall or a drawer according to the assembly according to claim 1 to an extension rail of a drawer pull-out guide, wherein the drawer sidewall or the drawer is releasably coupled to the extension rail by means of the coupling device (the method is inherently and intrinsically taught by the structure described above).
13. wherein the drawer, for coupling, is moved in a direction extending substantially parallel to a longitudinal direction of the extension rail, and/or wherein the coupling device includes a spring-loaded coupling lever which is urged against a resilient action upon coupling (figures 1-14).
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.
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, Dan Troy can be reached at (571) 270-3742. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TIMOTHY M AYRES/Examiner, Art Unit 3637
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