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
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitations are: carrier for pivotally supporting the at least one door wing; guide device for displaceably supporting the at least one carrier along the at least one guide and bearing device for supporting the at least one toothed rack in claim 1.Other examples are limitations directed to: the guide for movably supporting the at least one toothed rack claims 2 and 4; the adjustment device is provided for adjusting a position of the at least one toothed rack relative to the at least one holding device in claim 5; and the device for compensating for a tilting moment of the carrier or of the door wing arranged thereon about a tilting axis by a return moment in claim 15.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 1-18 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 claims 1 and 18, the phrase "in particular" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Regarding claims 2, 4, 5, 9, 11, 14, and 16-18, the term "preferably" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
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 1-3, 6, 8 and 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Petersson (GB2,221,950). Petersson teaches a guide system (Figs. 1-4) comprising: at least one carrier (20,28) for pivotally supporting at least one door wing (via 26), at least one guide (groove in 16) configured to be fixed to a furniture wall for moving the carrier along the wall, at least one guide device (36,38,32) for displaceably supporting the at least one carrier along the at least one guide, and at least one toothed rack (40) and at least one gear (34) engaged or configured to be engaged in the toothed rack, the gear being movable at least partially along the toothed rack upon a movement of the carrier along the guide and being configured to be set into rotation by an engagement in the toothed rack, wherein the at least one carrier includes at least one bearing device (46) for supporting the at least one toothed rack (via 44). Wherein the at least one bearing device and the at least one toothed rack are movable relative to each other/displaceable relative to each other, and/or wherein the at least one bearing device includes at least one linear guide, for movably, preferably displaceably, supporting the at least one toothed rack. Wherein the at least one toothed rack has an end section, and at least one holding device (see below) to be fixed to the furniture wall is provided on which the end section of the toothed rack is supported.
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Wherein the at least one holding device is configured so as to hold the at least one toothed rack with a distance to the furniture wall in a fixed condition of the holding device. Wherein the at least one gear is rotationally supported on the at least one bearing device or on the at least one carrier (at 20). Wherein the guide device includes at least one running wheel (36), wherein the at least one running wheel is displaceable along the at least one guide rotationally supported about a rotational axis oriented in a first direction. Please note that the door and furniture wall are not being positively claimed in combination with the guide system in the rejected claims above. Therefore, their movements relative to each other are given no weight. See claim 18 wherein the combination is being claimed.
Allowable Subject Matter
Claims 4, 5, 7, 9-16 and 18 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. In particular, EP055918 (Bonetti et al) and US2010/0314980 (Hoffman) and US2004/0046488 (Hogan) teach the guide system in claim 1 except for the bearing device.
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
September 11, 2026
/JANET M WILKENS/ Primary Examiner, Art Unit 3637
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