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 .
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in China on May 20,2024. It is noted, however, that applicant has not filed a certified copy of the Chinese application as required by 37 CFR 1.55. Note: a request for the USPTO to retrieve the priority documents on May 6, 2025 is acknowledged; however, at this time no such document is in the application. An inquiry has been made by the examiner to the Patent Electronic Business Center concerning this matter. They previously were unable to retrieve the document.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: 5. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1, 5, 11 and 15 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-16 of co-pending Application No. 19/200,205 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because both applications teach a table with a storage function, comprising: a tabletop and a table frame provided at the bottom of the tabletop, and a storage rack mounted on the outer side of the table frame, wherein the storage rack has an expanded state and a folded state, and in the expanded state, the storage rack extends outward from the table frame to provide a storage function, and in the folded state, the storage rack is positioned against the outer side of the table frame.
Since claims 1 and 11 are anticipated by the claims of the co-pending application, they are not patentably distinct therefrom. Thus, the invention of the claims of the co-pending application in effect a species of the generic invention of claims 1 and 11. It has been held that the generic invention is anticipated by the species, see In re Goodman 29 USPQ2d 2010 (Fed Cir. 1993) Since claims 1 and 11 are anticipated (fully encompassed) by the claims of the co-pending application, they are not patentably distinct there from, regardless of any additional subject matter present in the claims.
For claims 5 and 15, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art, it would have been obvious to use opposing storage racks on the table of the co-pending application. see MPEP 2144.04
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claims 2-4, 6, 12-14 and 16 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-16 of co-pending Application No19/200,205 in view of Grace (2016/0022027). As stated above, the co-pending application teaches the limitations of claims 1 and 11, including plural storage racks/platforms on the table frames. Wherein in the expanded state of the storage rack, the storage platform is in a horizontal position, and wherein in the folded state of the storage rack, the storage platform is in a vertical position and close to the table frame. Wherein in the expanded state of the storage rack, the outer edge of the storage platform is located outside the corresponding edge of the tabletop. For claims 2 and 12, the co-pending application fails to teach link rods between the rack and frame. Grace teaches a table comprises a storage rack/platform (a; see annotated figure below), a first link rod (b), and a second link rod (c), the inner side of the storage platform is rotatably connected to a table frame (12), the first end of the first link rod is rotatably connected to the outer side of the storage platform, the first end of the second link rod is rotatably connected to the second end of the first link rod, the second end of the second link rod is rotatably connected to the table frame, and the rotational connection point between the second link rod and the table frame is located above or below the rotational connection point between the storage platform and the table frame. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the table of the co-pending application by using link rods between the storage platform and table frame, such as is taught by Grace, to help keep the platform in its use position and to provide additional support.
For claims 6 and 16, the co-pending application fails to teach a hanging frame on the storage platform/rack. Grace further teaches a left table frame (12) and a right table frame (12); wherein a storage rack (22) is mounted on one of the left table frame or the right table frame; and wherein a hanging frame (20 with 67 on left side) is mounted on the other table frame; the hanging frame, in its usage state, extends outward from the corresponding side table frame (via extending 20), and in its folded state, is positioned against the outer side of the corresponding side table frame (via retracted 20). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the table of the co-pending application by adding a hanging frame with the table, such as is taught by Grace, to provide a place to hang articles on the table.
This is a provisional nonstatutory double patenting rejection.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 10 and 20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Namely, it is unclear how the support frame is stored on the back of the tabletop.
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 1-6, 10-16 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Grace (2016/0022027). Grace teaches a table (Fig. 1) with a storage function, comprising: a tabletop (18) and a table frame (12) provided at the bottom of the tabletop, and a storage rack (22) mounted on the outer side of the table frame, wherein the storage rack has an expanded state (Fig. 1) and a folded state (Fig. 4), and in the expanded state, the storage rack extends outward from the table frame to provide a storage function, and in the folded state, the storage rack is positioned against the outer side of the table frame. Wherein the storage rack comprises a storage platform (a; see annotated figure below), a first link rod (b), and a second link rod (c), the inner side of the storage platform is rotatably connected to the table frame, the first end of the first link rod is rotatably connected to the outer side of the storage platform, the first end of the second link rod is rotatably connected to the second end of the first link rod, the second end of the second link rod is rotatably connected to the table frame, and the rotational connection point between the second link rod and the table frame is located above or below the rotational connection point between the storage platform and the table frame. Wherein in the expanded state of the storage rack, the storage platform is in a horizontal position, and wherein in the folded state of the storage rack, the storage platform is in a vertical position and close to the table frame. Wherein in the expanded state of the storage rack, the outer edge of the storage platform is located outside the corresponding edge of the tabletop. Wherein the table frame comprises a left table frame (12, left side in Fig. 1) and a right table frame (12, right side in Fig. 1), and the storage rack is mounted on both the left table frame and the right table frame. Wherein the table frame (Fig. 5) comprises a left table frame (12; left side) and a right table frame (12; right side), and the storage rack (22; right side) is mounted on one of the left table frame or right table frame, and a hanging frame (20 with 67 on left side) is mounted on the other table frame; the hanging frame, in its usage state, extends outward from the corresponding side table frame (via extending 20), and in its folded state, is positioned against the outer side of the corresponding side table frame (via retracted 20). Wherein the table frame comprises a left table frame (left side 12) and a right table frame (right side 12), and the storage rack (22, left lower side) is mounted on one of the left table frame or right table frame, and a support frame (20, right side upper member) is mounted on the outer part of the other table frame; the support frame is detachably connected to the corresponding side table frame (by undoing hinge connections), and in its storage state, the support frame can be stored on the back of the tabletop (Fig. 9 back of 18 is adjacent upper 20).
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Grace further teaches a table with a storage function (Fig. 1), comprising: a tabletop (18); a table frame (12) disposed beneath the tabletop; and a storage rack (22) mounted on an outer side of the table frame, wherein the storage rack is configured to transition between an expanded state (Fig. 1) and a folded state (Fig. 4); wherein in the expanded state, the storage rack extends outward from the table frame to provide storage functionality; and wherein in the folded state, the storage rack is positioned adjacent to the outer side of the table frame. Wherein the storage rack comprises: a storage platform (a); a first link rod (b); and a second link rod (c); wherein an inner side of the storage platform is rotatably connected to the table frame; wherein a first end of the first link rod is rotatably connected to an outer side of the storage platform; wherein a first end of the second link rod is rotatably connected to a second end of the first link rod; wherein a second end of the second link rod is rotatably connected to the table frame; and wherein the rotational connection point between the second link rod and the table frame is located above or below the rotational connection point between the storage platform and the table frame. Wherein: in the expanded state of the storage rack, the storage platform is disposed in a horizontal position (Fig. 1); and in the folded state of the storage rack, the storage platform is disposed in a vertical position and adjacent to the table frame (Fig. 4). Wherein in the expanded state of the storage rack, an outer edge of the storage platform extends beyond a corresponding edge of the tabletop (Fig. 1). Wherein the table frame comprises a left table frame (12, left side) and a right table frame (12, right side), and wherein the storage rack (22) is mounted on both the left table frame and the right table frame (Fig. 1). Wherein the table frame (Fig. 5) comprises a left table frame (12; left side) and a right table frame (12; right side), and the storage rack (22; right side) is mounted on one of the left table frame or right table frame, and a hanging frame (20 with 67 on left side) is mounted on the other table frame; the hanging frame, in its usage state, extends outward from the corresponding side table frame (via extending 20), and in its folded state, is positioned against the outer side of the corresponding side table frame (via retracted 20).Wherein the table frame comprises a left table frame (left side 12) and a right table frame (right side 12), and the storage rack (22, left lower side) is mounted on one of the left table frame or right table frame, and a support frame (20, right upper side) is mounted on the outer part of the other table frame; the support frame is detachably connected to the corresponding side table frame (by undoing hinge connections), and in its storage state, the support frame can be stored on the back of the tabletop (Fig. 9 back of 18 is adjacent upper 20).
Allowable Subject Matter
Claims 7-9 and 17-19 are 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.
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 JANET M WILKENS whose telephone number is 571-272-6869. The examiner can normally be reached Mon thru Thurs 7am-5:30pm EST.
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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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Wilkens
August 17, 2026
/JANET M WILKENS/ Primary Examiner, Art Unit 3637
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