DETAILED ACTION
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.
Claim(s) 26, 28-29, 31, 40, & 42-46 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Donceel (EP3183998).
Regarding claim 26, Donceel teaches drawer (1) configured for use with a cabinet under a sink (par. 16), the drawer configured to be moved between a storage position and an extended position (see Fig. 1, which shows a drawer (1) inherently capable of movement between such positions, at least via sliding), the drawer comprising: a first side panel (4) and a second side panel (3) opposite the first side panel; a front panel (2) secured to the first and second side panels (par. 18); a bottom panel (5) comprising a front edge (A in Fig. 1b Annotated) secured to the front panel, a first side edge (B) secured to the first side panel, a second side edge (C) opposite the first side edge and secured to the second side panel, a bottom panel opening (D), an inner edge (E) extending along the bottom panel opening, a rear edge (F-G) comprising a first rear edge portion (F) and a second rear edge portion (G), the first and second rear edge portions separated by said inner edge (Figs. 1a-1b); and a rear panel (7-11) opposite the front panel, the rear panel being non-integrally formed with the bottom panel (i.e., when the bottom panel (5) and rear panel (7-11) are separated, as in Fig. 1b) and comprising: a first leg (10) secured to the first side panel, the first leg extending along and secured to the first rear edge portion (Figs. 1a-1b); a second leg (11) secured to the second side panel, the second leg extending along and secured to the second rear edge portion (Figs. 1a-1b); and a plumbing accommodation portion (7-9) arranged between and integrally formed with the first and second legs (Figs. 1a-1b), said plumbing accommodation portion extending along and secured to the inner edge of the bottom panel (Figs. 1a-1b), said plumbing accommodation portion and said bottom panel opening configured to allow the drawer to accommodate one or more plumbing components connected to the sink when the drawer is in said storage position (Figs. 1a & 2c).
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Regarding claim 28, Donceel teaches a rear panel (7-11) that further comprises a front surface (H) extending along the first leg, the second leg, and the plumbing accommodation portion (Fig. 1a); a rear surface (J) extending along the first leg (10), the second leg (11), and the plumbing accommodation portion (7-9) and opposite the front surface (Figs. 1a & 2c); and a groove (13-14 in 7-11) extending continuously along the first leg, the plumbing accommodation portion, and the second leg on the front surface (Fig. 1b), said groove configured to receive (Figs. 2a-2b & 2d and par. 26) the first rear edge portion (F), the inner edge (E), and the second rear edge portion (G) of the bottom panel (5).
Regarding claim 29, Donceel teaches a rear panel (7-11) that comprises a top edge (K) and a bottom edge (L), the top edge configured to be positioned closer to the sink than the bottom edge when the drawer is in said storage position (Fig. 1a), and wherein the groove (13-14) is arranged closer to the bottom edge than to the top edge (Fig. 1b).
Regarding claim 31, Donceel teaches first (F) and second (G) rear edge portions that are aligned with one another (Fig. 3a), and first (10) and second (11) legs that are aligned with one another (Fig. 2c).
Regarding claim 40, Donceel teaches a method of manufacturing a drawer (1) for use with a cabinet under a sink (par. 16), the method comprising: obtaining a bottom panel (5) comprising a bottom panel opening (D); obtaining a rear panel (7-11), the rear panel being non-integrally formed with said bottom panel (as in Fig. 1b) and including a plumbing accommodation portion (7-9) comprising a size and shape corresponding to a size and shape of said bottom panel opening (Figs. 1a-1b, 2c, & 3a); and positioning the plumbing accommodation portion at least partially within said bottom panel opening and securing the bottom and rear panels together without a fastener (par. 26),1 said plumbing accommodation portion and said bottom panel opening configured to allow the drawer to accommodate one or more plumbing components connected to the sink when in a storage position within an interior of said cabinet (Figs. 1a & 2c).
Regarding claim 42, Donceel teaches a bottom panel (5) that comprises an inner edge (E) that extends along the bottom panel opening (D) and a rear edge (F-G) connected to the inner edge (Fig. 3a); the rear panel (7-11) further comprises a first leg (10) and a second leg (11), the plumbing accommodation portion arranged between and integrally formed with the first and second legs (Fig. 1a & 2c); and said securing the bottom and rear panels together comprises securing the plumbing accommodation portion to said inner edge and securing the first and second legs to the rear edge (par. 26-27 and Fig. 1b & 2c).
Regarding claim 43, Donceel teaches a rear edge (F-G) hat comprises a first rear edge (F) portion and a second rear edge portion (G), the first and second rear edge portions separated by (Fig. 3a) said inner edge (E), and wherein said securing the first (10) and second (11) legs to the rear edge comprises securing the first leg to the first rear edge portion and the second leg to the second rear edge portion (par. 26-27 and Fig. 1b & 2c)
Regarding claim 44, Donceel teaches a rear panel (7-11) that further comprises a groove (13-14) extending along the first leg (10), the second leg (11), and the plumbing accommodation portion (7-9), and wherein said securing the bottom and rear panels together comprises positioning said inner edge and rear edge within said groove (par. 26-27 and Figs. 1b & 2a-2d).
Regarding claim 45, Donceel teaches securing an end (12) of the first leg (10) to a first side panel (4) of the drawer (1); and securing an end (12) of the second leg (11) to a second side panel (3) of the drawer (par. 28 and Figs. 1b & 2a-2d).
Regarding claim 46, Donceel teaches securing the bottom (5) and rear panels (7-11) together prior to securing the ends (12) of the first (10) and second (11) legs to the first (4) and second (3) side panels (par. 26-28 & 36).
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 1-2, 17, & 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Donceel (EP3183998) in view of McGilton (20040056569).
Regarding claims 1 & 17, Donceel teaches the structure substantially as claimed, including a drawer (1); but fail(s) to teach a cabinet or glide mechanisms. However, McGilton teaches a cabinet (10, 15, 20, 25) configured to support a sink (40 - see Fig. 2), the cabinet comprising a first sidewall (one of 15), a second sidewall (other of 15) opposite the first sidewall (see Figs. 2 & 7 and par. 14), a rear wall (20) connected to the first and second sidewalls, and a cabinet interior (45) at least partially defined by the first sidewall, the second sidewall, and the rear wall (Figs. 1-2); and a pair of drawer glide mechanisms (85). It would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to add a cabinet & glide mechanisms, as taught by McGilton, to the structure of Donceel, with a reasonable expectation of success, in order to provide additional storage capacity while allowing the drawer to be slid into & out of the cabinet (as suggested by Figs. 1-2 & par. 14 of McGilton). Hence, Donceel as modified would teach a cabinet system (10, 15, 20, 25, 85 of McGilton and 1 of Donceel) comprising a drawer (1 of Donceel) movably connected to the cabinet (10, 15, 20, 25 of McGilton) via the pair of drawer glide mechanisms (85 of McGilton) and configured to be moved between a storage position and an extended position (as in Figs. 1-2 of McGilton), wherein a greater portion of the drawer is positioned within the cabinet interior when in said storage position than when in said extended position (as in Figs. 1-2 of McGilton), the drawer comprising: a first side panel (4 of Donceel) connected to a first (one of 85 of McGilton) one of the pair of drawer glide mechanisms; a second side panel (3 of Donceel) opposite the first side panel (Fig. 1b of Donceel) and connected to a second one (other of 85 of McGilton) of the pair of drawer glide mechanisms.
Regarding claim 2, Donceel as modified teaches a first sidewall (one of 15 of McGilton) that comprises a rear portion that is secured to the rear wall (20 of McGilton) of the cabinet (10, 15, 20, 25 of McGilton) and a front portion that is opposite said rear portion of the first sidewall (Fig. 1 of McGilton); the second sidewall (other of 15 of McGilton) that comprises a rear portion that is secured to the rear wall of the cabinet and a front portion that is opposite said rear portion of the second sidewall (implied by Figs. 1-2 & 7 of McGilton); the cabinet further comprises a first face frame component (M of McGilton in Fig. 1 Annotated) secured to the front portion of the first sidewall (Fig. 1 of McGilton) and a second face frame component (N of McGilton) secured to the front portion of the second sidewall (implied by Fig. 1 of McGilton); the first one (one of 85 of McGilton) of the pair of drawer glide mechanisms (85 of McGilton) comprises: a first guide member (P of McGilton) that is secured to the rear wall of the cabinet and the first face frame component (Fig. 1 of McGilton); and a second guide member (Q of McGilton) secured to the first side panel (4 of Donceel) of the drawer (1 of Donceel) and movably connected to the first guide member (implied by Figs. 1-2 of McGilton); and the second one (other of 85 of McGilton) of the pair of drawer glide mechanisms comprises: a first guide member (P of McGilton) that is secured to the rear wall of the cabinet and the second face frame component (Fig. 1 of McGilton); and a second guide member (Q of McGilton) that is secured to the second side panel (3 of Donceel) of the drawer and movably connected to the first guide member (implied by Figs. 1-2 of McGilton).
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Regarding claims 19-20, for the reasons stated in par. 5-6 above, the structure of Donceel as modified would read upon the limitations of these claims.
Claims 9 & 21 are rejected under 35 U.S.C. 103 as being unpatentable over Donceel (EP3183998) & McGilton (20040056569) in view of Olsson (WO2008150234). Donceel as modified teaches the structure substantially as claimed, including a groove (13-14 of Donceel) of the rear panel (7-11 of Donceel) that receives a portion of the rear (F-G of Donceel) and inner edges (E of Donceel) of the bottom panel (5 of Donceel); but fail(s) to teach a groove that receives the entirety of the rear & inner edges. However, Olsson teaches configuring a groove (11) of a panel (1) to receive (Figs. 4b-4d and p. 8, lines 20-22) an entirety of an edge (15) of a panel (5). It would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to configure the groove of Donceel as modified to receive an entirety of the rear & inner edges, as taught by Olsson, with a reasonable expectation of success, in order to provide additional support to the rear corners of the bottom panel. Hence, Donceel as modified would teach a groove (13-14 of Donceel) of a rear panel (7-11 of Donceel) that receives an entirety of the rear (F-G of Donceel) and inner (E of Donceel) edges of the bottom panel (5 of Donceel).
Claim 30 is rejected under 35 U.S.C. 103 as being unpatentable over Donceel (EP3183998) in view of Olsson (WO2008150234). Donceel teaches the structure substantially as claimed, including a groove (13-14) of the rear panel (7-11) that receives a portion of the rear (F-G) and inner edges (E) of the bottom panel (5); but fail(s) to teach a groove that receives the entirety of the rear & inner edges. However, Olsson teaches configuring a groove (11) of a panel (1) to receive (Figs. 4b-4d and p. 8, lines 20-22) an entirety of an edge (15) of a panel (5). It would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to configure the groove to receive an entirety of the rear & inner edges, as taught by Olsson, with a reasonable expectation of success, in order to provide additional support to the rear corners of the bottom panel. Hence, Donceel as modified would teach a groove (13-14, as modified) of a rear panel (7-11) that receives an entirety of the rear (F-G) and inner (E) edges of the bottom panel (5).
Claims 32-33 are rejected under 35 U.S.C. 103 as being unpatentable over Donceel (EP3183998) in view of Pervan (20170089379). Donceel teaches the structure substantially as claimed, including a rear panel (7-11) of a drawer (1) that is formed from a first material (i.e., wood - see par. 19); and a bottom panel (5) connected to the rear panel by connecting means (26-28); but fail(s) to teach a bottom panel formed from a second material different from the first material. However, Pervan teaches connecting means (3-5 in Figs. 4a-4c) made of a second material (i.e., thermoplastic - see par. 61). It would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to substitute connecting means, as taught by Pervan, for the connecting means of Donceel, with a reasonable expectation of success, in order to connect the bottom & rear panels to each other, and because such an outcome would have been a predictable result of such a substitution of one known connecting means for another. Hence, Donceel as modified would teach a rear panel (7-11 of Donceel & 5 of Pervan) of the drawer (1 of Donceel) is formed from a first material (i.e., wood, as in par. 19 of Donceel) and the bottom panel (5 of Donceel & 3-4 of Pervan) of the drawer is formed from a second material (i.e., thermoplastic, as in par. 61 of Pervan) that is different than the first material, wherein the first material is more rigid than the second material (as in Figs. 4a-4c & par. 3 of Pervan, and par. 19 of Donceel).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW ING whose telephone number is (571)272-6536. The examiner can normally be reached M-F 8:30 a.m. - 5 p.m.. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Daniel 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.
/MATTHEW W ING/Primary Examiner, Art Unit 3637
1 Although Fig. 2d & par. 32-33 of Donceel does teach elastic retaining agents (26) to secure the bottom (5) and rear (7-11) panels to each other, these retaining agents (26) are not the staples, nails, or screws characterized as “fasteners” in par. 5 & 11 of the written description of the instant application. Hence, the examiner submits that Donceel teaches “securing the bottom and rear panels together without a fastener”, as that limitation is read in light of the specification of the instant application.
Prosecution Insights