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.
Claims 1-16 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Regarding claims 1-2, 4-8, 10, 12, & 14, the term “preferably” renders the claim indefinite because it is unclear whether the limitation(s) following the term are part of the claimed invention. See MPEP § 2173.05(d).
Claims 2-16 are indefinite due to dependence upon an indefinite base claim.
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) 1-16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Karu (20170051813).
Regarding claim 1, Karu teaches a drive device (1), preferably an ejection device (par. 56), for a furniture fitting or a construction fitting (Fig. 1), the drive device comprising: at least one housing (2), at least one actuating device (4-5, 18, 30) movable relative to the housing (Figs. 3-8), at least one spring (10-11) for applying a force to the at least one actuating device (par. 75), the at least one spring being connected with a first end (A in Fig. 3 Annotated) to the at least one actuating device (par. 62 & Figs. 3-8), at least one bearing device (14) for supporting the at least one spring with a second end (B) to the at least one housing (via 101-102 - see Figs. 13-22), wherein the at least one bearing device is configured to be adjusted over a limited path relative to the at least one housing (Figs. 13-22 & par. 127).
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Regarding claim 2, Karu teaches at least one bearing device (14) adjustable between a first position (i.e., at 115 - see Fig. 17) and at least a second position (i.e., at 111 - see Fig. 13), wherein the at least one spring is stronger tensioned in the second position (par. 134-135) than in the first position (par. 139), wherein at least one release device (15) is provided for resetting the at least one bearing device from the second position into the first position (par. 138-139), preferably under the action of the at least one spring (par. 138-139).
Regarding claim 3, Karu teaches at least one bearing device (14) and at least one release device (15) that are configured as two constructional units (Fig. 2) movably supported independently from each other (note that the release device (15) is supported (par. 121 & Fig. 10) via a bore (119), while the bearing device (14) is supported via grooves (101-102) (see par. 132 & 134)) on the housing (2).
Regarding claim 4, Karu teaches at least one release device (15) that includes at least one locking contour (104).
Regarding claim 5, Karu teaches at least one release device (15) that is movably supported relative to the housing in a direction extending transversely to a longitudinal direction (see Figs. 13-17, showing 15 moving transversely to 10-11) of the at least one spring (10-11), and/or includes at least one release element (16) arranged outside (Fig. 9) the housing (2).
Regarding claim 6, Karu teaches at least one bearing device (14) that is movable, preferably linearly displaceable (via 102), relative to the housing (Figs. 13-17), and/or is movably supported in a direction extending parallel (via 102) to a longitudinal direction (Figs. 13-17) of the at least one spring (10-11).
Regarding claim 7, Karu teaches at least one bearing device (14) that is configured to be guided relative to the housing (2) via at least one guide device (102, 109), preferably wherein the guide device includes at least one guide track (102) and a guide element (109) configured to be engaged in the guide track (Fig. 13 & par. 132).
Regarding claim 8, Karu teaches a locking device (104, 116) for releasably locking (Figs. 13-17) the at least one bearing device (14) on the at least one housing (2), preferably wherein the locking device includes at least one locking contour (104) and at least one locking element (116) configured to be engaged in the locking contour (par. 137 & Figs. 13-17).
Regarding claim 9, Karu teaches a locking element (116) that is arranged on (Fig. 12 and par. 130 & 137) the at least one bearing device (14), and/or the locking element is substantially cylindrical (par. 137 & Fig. 12), and/or at least one guide track (101) arranged on the housing (2) is provided, the locking element being guidable (via 110) in the guide track (par. 134 & 137 and Figs. 13-17).
Regarding claim 10, Karu teaches a locking contour (104) that is movable (Figs. 13-17) relative to the housing (2).
Regarding claim 11, Karu teaches a locking contour (104) that is movable in a direction extending transversely (Figs. 13-17) to a movement direction (i.e., along 102) of the bearing device (14).
Regarding claim 12, Karu teaches at least one adjustment device (15) provided for adjusting (par. 138-139) the bearing device (14) relative to the housing (2), preferably wherein the adjustment device includes at least one circumferential actuating contour (16) arranged partially outside the housing (Fig. 9) and configured for manual actuation (par. 121)
Regarding claim 13, Karu teaches at least one pivot lever (15) provided for adjusting (par. 138-139) the bearing device (14) relative to the housing (2).
Regarding claim 14, Karu teaches at least one pivot lever (15) that includes at least one handle element (16) which is arranged outside (Fig. 9) the housing (2) and which is configured for manual actuation (par. 121), and/or is pivotally supported about an axis (118) on the housing (via 109 - see par. 121), and/or is coupled to the at least one bearing device (14) via at least one coupling device (104, 116), preferably wherein the coupling device includes at least one coupling contour (104) and at least one coupling element (116) configured to be engaged in the coupling contour (par. 137).
Regarding claim 15, Karu teaches a furniture/construction fitting (52, 58) comprising the drive device (1 - see par. 54-55 & Fig. 1).
Regarding claim 16, Karu teaches an item of furniture (50) comprising: a furniture carcass (51), a movable furniture part (53) movably supported relative to the furniture carcass (par. 54), and a furniture fitting (52, 58) for driving the movable furniture part relative to the furniture carcass (par. 54-55).
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
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