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 .
Claim Objections
Claims 1, 9, and 14 are objected to because of the following informalities:
Claim 1, line 11, change “that” to --the one--;
Claim 9, line 2, change “a” to --the--; and
Claim 14. An item of furniture comprising at least one said fitting according to claim 1, wherein the item of furniture comprises: a furniture carcass, a furniture part movably-supported relative to the furniture carcass, and of the at least two fitting portions is arranged on the furniture carcass and a second fitting portion of the at least two fitting portions is arranged on the movable furniture part, preferably wherein the second fitting portion is partially integrated into the movable furniture part.
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 3-5, 7-11, and 14 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 3, line 8, claim 4, line 2, claim 5, line 2, claim 7, line 2, claim 8, line 1, claim 9, line 3, claim 10, line 5, claim 11, line 5, and claim 14, line 4, the phrase "preferably" renders the claims indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention, thereby rendering the scope of the claim(s) unascertainable. See MPEP § 2173.05(d). For purposes of examination, the limitations following the phrase “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 1-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO 2014/107749 (hereinafter “WO749”).
Regarding claim 1, WO749 discloses a fitting 4 configured as a furniture 1 fitting (Fig. 1), the fitting comprising: at least two fitting portions 5 and 6 movable relative to each other, at least one damping device 10 for dampening a relative movement of the two fitting portions to each other, the damping device being supported on and/or in the fitting portion 6, the damping device including at least one damper housing 11, at least one piston 15 displaceable in the damper housing, and a piston rod 17 connected to the piston, at least one actuator 12,23 configured to move the piston rod of the damping device into the damper housing when a damping stroke is performed, and at least one arresting device 36 (Fig. 2a) for limiting or for deactivating a damping power of the damping device, the arresting device being configured to arrest the at least one actuator relative to that fitting portion on which and/or in which the damping device is supported, wherein at least one of the two fitting portions includes a hinge cup 6, wherein the damper housing is arranged on an “outside” (i.e. on an external wall, not embedded in) of the hinge cup and below a fastening flange 7 of the hinge cup in a mounted position, wherein portion 23 of the actuator is linearly displaceably (Figs. 4a-4b) supported on the hinge cup.
Regarding claim 2, wherein the damper housing 11 is entirely arranged “outside” (i.e. external to, not embedded in) the hinge cup.
Regarding claim 3, wherein the damper housing 11 and the arresting device 36 are arranged above each other on a same side of the hinge cup (see Figs. 2a-2b).
Regarding claim 4, wherein the two fitting portions 5 and 6 are pivotally connected to each other via at least one hinge lever 8.
Regarding claim 5, wherein the two fitting portions 5 and 6 are pivotally connected to each other via at least one hinge lever 8.
Regarding claim 6, wherein the at least one actuator includes at least one coupling element 31 configured to be releasably coupled to the arresting device 36 (Fig. 2a).
Regarding claim 7, wherein portion 12 of the at least one actuator includes at least one limb 13 configured to bear (at least indirectly) against a free end of the piston rod 17 (see Figs. 4a-4b).
Regarding claim 8, further comprising at least one spring element 33 for returning the at least one actuator 12,23.
Regarding claim 9, wherein the arresting device 36 includes (i.e. is) at least one switch (Fig. 2a) for limiting or for deactivating a damping power of the damping device 10, wherein the at least one switch is configured to be releasably coupled to the actuator 12,23 via element 31.
Regarding claim 10, wherein the at least one switch 36 includes at least two switching positions (via manual operation), wherein the damping power of the damping device is activated in the first switching position, and wherein the damping power of the damping device is limited or deactivated in the second switching position.
Regarding claim 11, wherein the at least one switch 36 is configured for manual actuation.
Regarding claim 12, wherein the damping device 10 is configured as a linear damper (linear motion of portions 15 and 17 of the damping device).
Regarding claim 13, wherein the fitting 4 is configured as a furniture hinge for movably supporting a furniture part 1 (see Fig. 1, cabinet body 2 and cabinet door 3).
Regarding claim 14, WO749 discloses an item of furniture 1 comprising a furniture carcass 2, a furniture part 3 movably-supported relative to the furniture carcass, and at least one fitting 4 according to claim 1, wherein a first fitting portion 5 is arranged on the furniture carcass and a second fitting portion 6 is arranged on the movable furniture part.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892.
It is noted Salice (US#2017/0350179) discloses a fitting 1 comprising: two fitting parts 10 and 11; a damping device 18 including a housing, piston, and piston rod 30; and at least one actuator 19.
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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