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 29 and 35 are objected to because of the following informalities:
Claim 29 recites a first pivot axis of a first stationary mount pivot bearing, a second pivot axis of a second stationary mount pivot bearing, a third pivot axis of a first movable mount pivot bearing, and a fourth pivot axis of a second movable mount pivot bearing. While the claim correctly redefines the at least one arm as first and second arms, both the mount pivot bearings (stationary and movable) and their axes are previously recited in claim 16, from which claim 29 depends, and the previously recited mount pivot bearings are not redefined. As such it appears that there are now three stationary mount pivot bearings, three movable mount pivot bearings, and six axes (one for each of the pivot bearings). Claim language should be clarified to indicate the pivot bearings of claim 16 (stationary and movable) are part of the first and second sets of pivot bearings (stationary and movable) of claim 29.
Claim 35 recites “first part” and “second part”. As both parts were previously recited in claim 31 the proper antecedent is “the”, i.e. “the first part” and “the second part”.
Appropriate correction is required.
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) 16-20 and 22 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CH 594386 to Buchser (hereinafter Buchser).
Regarding claim 16, the closure device is shown in Buchser in figures 1-7 with
at least one stationary mount (with 10) for mounting to the stationary structure (top plate 4 of cabinet 7);
at least one movable mount (9) for mounting to the movable furniture part (1); and
at least one arm (arms 5 and 6) pivotably connected to the stationary mount (with 10) about a pivot axis of a stationary mount pivot bearing (stationary mount forms pivot bearing) and pivotably connected to the movable mount (9) about a pivot axis of a movable mount pivot bearing (figures 6 and 7);
wherein the at least one arm (5,6) is pivotable between a closed position and an open position configured to correspond to the closed state and the open state, respectively, of the movable furniture part (1); and
wherein the at least one arm (5,6) further includes a guide (11) configured to transmit a load at least partially in a load transmission direction (vertical direction) parallel to the pivot axis of the stationary mount pivot bearing and parallel to the pivot axis of the movable mount pivot bearing.
Regarding claim 17, the guide (11) is spaced apart from the stationary mount pivot bearing in a direction (horizontal direction figure 6) transverse to the pivot axis (vertical axis figure 6, shown with opening for mount on left side of arm) of the stationary mount pivot bearing in Buchser.
Regarding claim 18, the guide (11) includes a roller (11 is a roller) rotatable about an axis (horizontal figure 6) transverse to the pivot axis (vertical axis figure 6) of the stationary mount pivot bearing in Buchser.
Regarding claim 19, the roller (11) is at least partially received in a roller receptacle (17) of the at least one arm (5,6); and an outer circumferential surface of the roller (11) partially protrudes from the roller receptacle (17) in the load transmission direction (vertical figure 6) in Buchser.
Regarding claim 20, the roller (11) is mounted to the at least one arm (5,6) by an axle (unnumbered, shown in figure 6) at least partially received in an axle receptacle (in roller receptacle figure 17, shown in figure 6) of the at least one arm (5,6); and the roller receptacle (15) and the axle receptacle are in spatial connection (i.e. the receptacles are connected forming a space for axle and roller together) with one another in Buchser.
Regarding claim 22, the at least one arm (5,6) includes a bearing segment (segment left of 18 in figure 6), the bearing segment including the stationary mount pivot bearing (in hole on left end of arm in figure 6) and the guide (11) in Buchser.
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.
Claim(s) 21, 29, and 30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Buchser in view of US patent 4917446 to Mariani (hereinafter Mariani).
Regarding claim 21, the stationary pivot mount (with 10) in Buchser is a pivot bearing or pivot pin and as such the guide does not roll on it.
A stationary mount plate is shown in Mariani in figures 1-10 where stationary mount includes plate (42) which supports a guide (44) and a pivot bearing.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the closure device of Buchser with the stationary mount including plate supporting the guide of Mariani because mounting plates provided the known benefit of supporting the mounting of the closure device over a larger area than just a pivot bearing.
Regarding claim 29, the arm (5,6) includes first arm (5) and second arm (6) with each arm having a stationary pivot bearing (with 10) and movable pivot bearing (9) in Buchser.
However, the stationary pivot bearings are separately mounted to the cabinet, i.e. the bearings are the mount not a mount plate.
A stationary mount plate is shown in Mariani in figures 1-10 where stationary mount includes plate (42) which supports a guide (44) and a pivot bearing.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the closure device of Buchser with the stationary mount including plate supporting the guide of Mariani because mounting plates provided the known benefit of supporting the mounting of the closure device over a larger area than just a pivot bearing.
Regarding claim 30, in the closed positions of the first arm (5) and the second arm (6), when viewed from the first and second pivot axes in a direction toward the third and fourth pivot axes, a first straight line intersecting the first and third pivot axes and a second straight line intersecting the second and fourth pivot axes converge at an acute first angle in Buchser.
Claim(s) 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Buchser in view of GB 2379248 to Brain (hereinafter Brain).
Regarding claim 23, the arm (5,6) is adjustable in length (via 19) in Buchser, however, the length adjustment is not by adjustable segments.
Adjustable segments are shown in Brain in figures 1 and 2 where segments (38A and 38C) form an adjustable length member (figure 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the closure device of Buchser with the adjustable segments of Brain because Buchser already contemplates other adjustment mechanisms and segments provided the benefit of easy linear adjustment.
Claim(s) 24-28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Buchser in view of US patent 12480347 to Giovannetti (hereinafter Giovannetti).
Regarding claim 24, Buchser does not teach a damper.
A damper is shown in Giovannetti in figures 1-7 where damper (13) dampens movement of arm (L1). Examiner notes and/or is being read as or, damper dampens closing movement.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the closure device of Buchser with the damper of Giovannetti because dampers provided the known benefit of preventing slamming of wings.
Regarding claim 25, the damper (13) includes a stop surface (surface contacted by D) and the arm (L1) includes a counter stop surface (surface of D) engaging the stop surface in Giovannetti.
Regarding claim 26, the counter stop surface is described as being on a protrusion (D) in Giovannetti. While the protrusion (D) is not a disk, a disk protrusion is shown in Giovannetti in figures 1-7 where arm (14) has a disk (15) protruding from the end. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the closure device of Buchser, having the damper of Giovannetti, with the disk protrusion of Giovannetti because disk protrusions provided the benefit of smooth surface engagement, i.e. rolling engagement.
Regarding claim 27, when provided with the damper and disk of Giovannetti, the disk would rotate about an axis parallel to the pivot axis of the stationary mount bearing in Buchser.
Regarding claim 28, when provided with the damper and disk of Giovannetti, the disk would be in a disk receptacle (similar to roller receptacle) in Buchser.
Claim(s) 31-35 is/are rejected under 35 U.S.C. 103 as being unpatentable over Buchser in view of US patent 8911035 to Kopnick (hereinafter Kopnick).
Regarding claim 31, the closure device is shown in Buchser in figures 1-7 with
at least one stationary mount (with 10) for mounting to the stationary structure (top plate 4 of cabinet 7);
at least one movable mount (9) for mounting to the movable furniture part (1); and
at least one arm (arms 5 and 6) pivotably connected to the stationary mount (with 10) about a pivot axis of a stationary mount pivot bearing (stationary mount forms pivot bearing) and pivotably connected to the movable mount (9) about a pivot axis of a movable mount pivot bearing (figures 6 and 7);
wherein the at least one arm (5,6) is pivotable between a closed position and an open position configured to correspond to the closed state and the open state, respectively, of the movable furniture part (1).
However, Buchser does not show a biasing member.
A biasing member is shown in Kopnick in figures 1-10 where bias member (79) biases an arm (figure 1) closed during a first part of pivoting and open during a second part of pivoting from closed to open ( i.e. over center biasing, further taught in column 11 lines 35-47).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the closure device of Buchser with the biasing member of Kopnick because over center biasing members as in Kopnick provided the benefit of biasing wings both open and closed, thereby facilitating operation by the user.
Regarding claim 32, the biasing member (79) includes a spring (80) and a spring mount in Kopnick and when provided to the closure device of Buchser the spring (80) would be attached at least indirectly at one section to the arm (5,6) and at another section at least indirectly to the spring mount.
Regarding claim 33, the biasing member (79) is an over center bias with a reversal point (dead center, further taught in column 11 lines 35-47) for the spring force in Kopnick.
Regarding claim 34, the spring (80) is a tension spring in Kopnick.
Regarding claim 35, when provided with the bias member of Kopnick, the spring would lengthen during the first part and shorten during the second part.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CATHERINE A KELLY whose telephone number is (571)270-3660. The examiner can normally be reached Monday-Friday 9:30am-5:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anita Coupe can be reached at 571-270-3614. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CATHERINE A KELLY/Primary Examiner, Art Unit 3619
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