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 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 8, 9, 14 & 15 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 8, in line 3, the limitation “preferably” is indefinite because it is not clear if the limitation that follow are required by the claim.
Regarding claim 9, in line 5, the limitation “preferably” is indefinite because it is not clear if the limitation that follow are required by the claim.
Regarding claim 14, in line 3, the limitation “preferably” is indefinite because it is not clear if the limitation that follow are required by the claim.
Regarding claim 15, in line 5, the limitation “preferably” is indefinite because it is not clear if the limitation that follow are required by the claim.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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, 2, 4, 10 & 11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Eiselmeier et al (WO 2017/106890) (hereinafter Eiselmeier).
Regarding claim 1, Eiselmeier discloses a lateral wall for a drawer, comprising: at least one support profile (4), and at least one retaining device (7) for connecting the lateral wall to a drawer rear wall or a drawer front wall, wherein the support profile and the retaining device are formed at least in sections by a metal material (page 1 of translation) and are welded to one another by at least one laser weld seam (at 24a), wherein the support profile has at least one separate laser deformation (at 24b) in the region of the at least one laser weld seam, which is formed by laser light.
Regarding claim 2, Eiselmeier discloses a lateral wall wherein the at least one laser weld seam is arranged predominantly at locations on the at least one support profile at which the at least one retaining device and the at least one support profile are in contact (Fig. 3a).
Regarding claim 4, Eiselmeier discloses a lateral wall wherein the at least one laser deformation is arranged offset to the at least one laser weld seam on the at least one support profile (Fig. 3a).
Regarding claim 10, Eiselmeier discloses a method for producing the lateral wall according to claim 1, the method comprising: welding together the at least one support profile and the at least one retaining device by at least one laser weld seam, and forming a laser deformation separate from the at least one laser weld seam in the region of the at least one laser weld seam by irradiation with laser light (Fig. 3a).
Regarding claim 11, Eiselmeier discloses a method wherein: the at least one laser weld seam is arranged predominantly at locations on the at least one support profile at which the at least one retaining device and the at least one support profile are in contact (Fig. 3a), and/or the at least one laser deformation is arranged predominantly at locations on the at least one support profile at which the at least one retaining device and the at least one support profile are not in contact, and/or the at least one laser deformation is arranged offset to the at least one laser weld seam on the at least one support profile.
Allowable Subject Matter
Claim 3, 5-7, 12 & 13 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 8, 9, 14 & 15 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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure because it gives a general state of the art.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL J ROHRHOFF whose telephone number is (571)270-7624. The examiner can normally be reached M-F 7:30-4:00.
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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/DANIEL J ROHRHOFF/Primary Examiner, Art Unit 3637
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