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 .
This is the First Office action on the Merits from the examiner in charge of this application.
Claim Objections
Claims 1-20 are objected to because of the following informalities: in each of the independent claims 1, 19, and 20, “receiving region” should be “receiving regions”. 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 1-20 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.
In each of the independent claims 1, 19, and 20, the limitations of at least one storage device arranged on “two vertical portions of one of the two side walls and/or the at least one vertical separating element” fails to clearly define the metes and bounds of the claimed invention, thus renders the claim indefinite. For the purpose of this examination, all claims will be examined as best understood or so far as definite. Clarification or correction is required.
Claims 2-18 are rejected as being dependent on, and failing to cure the deficiencies of, a rejected claim.
Claim Rejections - 35 USC § 103
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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-5, 7-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2011/0025181 to Allen et al (hereinafter Allen ‘181).
Allen ‘181 discloses (Claim 1). A prefabricated installation unit (defined as at least one of the inner lockers 10 shown in Figs. 1 & 3) that can be fixed in a cabinet (defined as the outer lockers 10 shown in Figs. 1 & 3), the prefabricated installation unit comprising: a frame that has an at least U-shaped cross section, wherein the frame has a bottom (20) and two side walls (12,14), at least one vertical separating element (Fig. 3: 132) is arranged between the two side walls (12,14) and above the bottom 20 to horizontally divide the prefabricated installation unit into at least a first and a second receiving regions for pre-installed user installation units, and at least one horizontal separating element (136) for vertically dividing the prefabricated installation units into at least an upper and a lower receiving regions; at least one electrical device ([0056]) is arranged in the installation unit; and at least one storage device arranged on two vertical portions of one of the two side walls (12,14) and/or the at least one vertical separating element (132); (Claim 2). The prefabricated installation unit (10) according to claim 1, further comprising a plurality of storage devices (134,138,48,44,128,etc); (Claim 3). The prefabricated installation unit according to claim 2, wherein the plurality of storage devices are arranged in the lower receiving storage region; (Claim 4). The prefabricated installation unit according to claim 2 wherein at least one of the plurality of storage devices is arranged in the upper receiving storage region; (Claim 5). The prefabricated installation unit according to claim 1, wherein the at least one storage device 88 is arranged in an extractable manner; (Claim 7). The prefabricated installation unit according to claim 1, further comprising at least one cant (see attached annotated Fig. 5B) arranged perpendicularly to the two side walls and/or the bottom;
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(Claim 8). The prefabricated installation unit according to claim 1, further comprising a supporting device; (Claim 9). The prefabricated installation unit according to claim 8, wherein the supporting device (34) is integrated into one of the two side walls; (Claim 10). The prefabricated installation unit according to claim 8, wherein the supporting device (44) is at least partially detachably arranged; (Claim 11). The prefabricated installation unit according to claim 8, wherein the supporting device (adjustable three hook bracket 44) is adjustable in at least one plane; (Claim 12). The prefabricated installation unit (10) according to claim 1, further comprising a recess (34,142) arranged in at least one of the two side walls (12,14), wherein the recess corresponds to an installation region of a pull-out element (144,146) for a storage device (88); (Claim 14). The prefabricated installation unit (10) according to claim 12, further comprising at least one fixing device for a cover 148 of at least a portion of the prefabricated installation unit that is attachable to the pull-out element and/or to an element of the storage device; (Claim 15). The prefabricated installation unit (10) according to claim 1, wherein the electrical device is configured as a computer ([0056]); (Claim 17). The prefabricated installation unit (10) according to claim 1, further comprising at least one spacer element (48) arranged in the prefabricated installation unit; (Claim 18). The prefabricated installation unit (10) according to claim 1, further comprising one or a plurality of steps (Fig. 4A: defined by the rear ledge of shelf 48) are arranged in a rear region; (Claim 19). A system to be fixed in a cabinet (defined as the outer lockers 10 shown in Figs. 1 & 3), the system comprising: a prefabricated installation unit (defined as at least one of the inner lockers 10 shown in Figs. 1 & 3) that can be fixed within the cabinet; and wherein the prefabricated installation unit comprises a frame that has an at least U-shaped cross section, wherein the frame has a bottom (20) and two side walls (12,14), wherein the prefabricated installation unit further comprises at least one vertical separating element (132) arranged between the two side walls and above the bottom to horizontally divide the prefabricated installation unit into at least a first and a second receiving regions for pre-installed user installation units, wherein the prefabricated installation unit further comprises at least one horizontal separating element (136) vertically dividing the prefabricated installation unit into at least an upper and a lower receiving regions, wherein the prefabricated installation unit further comprises at least one electrical device arranged in the prefabricated installation unit ([0056]), and wherein the prefabricated installation unit further comprises at least one storage device arranged on two vertical portions of one of the two side walls and/or the at least one vertical separating element and a mounting device (26), that can be fixed in the cabinet, and wherein the prefabricated installation unit (10) is configured to be arranged at least partially in a form-fitting manner to the mounting device (26); (Claim 20). A cabinet (defined as the outer lockers 10 shown in Figs. 1 & 3) comprising: a prefabricated installation unit (defined as at least one of the inner lockers 10 shown in Figs. 1 & 3) inserted into and fixed to the cabinet, wherein the prefabricated installation unit comprises a frame that has an at least U-shaped cross section, wherein the frame has a bottom (20) and two side walls (12,14), wherein the prefabricated installation unit further comprises at least one vertical separating element (132) arranged between the two side walls and above the bottom to horizontally divide the prefabricated installation unit into at least a first and a second receiving regions for pre-installed user installation units, wherein the prefabricated installation unit further comprises at least one horizontal separating element (136) vertically dividing the prefabricated installation unit into at least an upper and a lower receiving regions, wherein the prefabricated installation unit further comprises at least one electrical device ([0056]) arranged in the prefabricated installation unit, and wherein the prefabricated installation unit further comprises at least one storage device arranged on two vertical portions of one of the two side walls and/or the at least one vertical separating element.
The differences being that Allen fails to clearly disclose the limitations in (i) claims 1, 19, and 20 of the at least one electrical device arranged in the lower receiving region; (ii) claim 13; (iii) claim 16.
Regarding (i), since Allen ‘181 discloses a lockbox 138 provided in the lower receiving region, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Allen ‘181 to include the limitations in (i) claims 1, 19, and 20 of the at least one electrical device arranged in the lower receiving region with a reasonable expectation of success in order to prevent theft of the electrical device.
Regarding (ii) claim 13, since it is well-known in the pull-out element art that an at least one pull-out element can be attached by means of various fastening means, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Allen ‘181 to include the limitations in (ii) claim 13 of wherein the at least one pull-out element can be attached by means of a screw connection with a reasonable expectation of success in order to increase the overall versatility of the prefabricated installation unit.
Regarding (iii) claim 16, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Allen ‘181 to include the limitations in (iii) claim 16 of further comprising at least one fixing element of a fixing device arranged to secure the prefabricated installation unit in the cabinet with a reasonable expectation of success in order to securely attach the prefabricated installation unit to the cabinet.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Allen ‘181, as modified, as applied to claim 1 above, and further in view of USP 12349791 to Allen et al (hereinafter Allen ‘791).
Allen ‘181 discloses all the elements as discussed above except for the limitations in claim 6.
However, Allen ‘791 discloses (Claim 1). A prefabricated installation unit (101) that can be fixed in a cabinet, the prefabricated installation unit comprising: a frame that has an at least U-shaped cross section, wherein the frame has a bottom and two side walls (103), at least one vertical separating element (107) is arranged between the two side walls (103) and above the bottom to horizontally divide the prefabricated installation unit into at least a first and a second receiving regions for pre-installed user installation units, and at least one horizontal separating element (125) for vertically dividing the prefabricated installation units into at least an upper and a lower receiving regions; and at least one storage device arranged on two vertical portions of one of the two side walls (12,14) and/or the at least one vertical separating element (132); (Claim 6). The prefabricated installation unit according to claim 1, wherein the prefabricated installation unit is at least partially configured to slope downward along the two side walls (such as shown in Fig. 2A).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention, in view of Allen ‘791, to modify Allen ‘181, as modified, to include the limitations in claim 6 of wherein the prefabricated installation unit is at least partially configured to slope downward along the two side walls with a reasonable expectation of success in order to increase the overall aesthetic purpose of the prefabricated installation unit.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure, and all show structures similar to various elements of applicant’s disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HANH VAN TRAN whose telephone number is (571)272-6868. The examiner can normally be reached Monday-Friday 9:00-5:30.
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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.
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HVT
September 22, 2026
/HANH V TRAN/Primary Examiner, Art Unit 3637
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