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 § 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.
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.
Claims 1-2 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Bunod (US 2008/0273959) in view of Raybould (US 3,160,264) further in view of Yang (US 8,161,602).
Regarding claims 1-2, Bunod (figs. 1-2) discloses an adjustable storage device 1 for wafers 8, comprising:
A plurality of plates 9, including at least one pair of a first plate and a second plate adjacent of the first plate; and
at least two spring members or adjustable modules 7a connecting the plates 9, wherein the at least two adjustable modules 7a are stretchable to change a distance between a first plate and a second plate.
Bunod fails to disclose each of the at least two adjustable modules 7a discussed above comprising:
a first sidewall, comprising a right part, a left part, and a connecting part connecting the right part and the left part, the right part comprising a right part upper pivot hole, a right part lower pivot hole, and a right part restriction trail adjacent to the right part lower pivot hole, the left part comprising a left part upper pivot hole, a left part lower pivot hole, and a left part restriction trail adjacent to the left part lower pivot hole;
two second sidewalls, each comprising an upper pivot hole, a lower pivot hole, a right restriction pin and a left restriction pin provided adjacent to the upper pivot hole and located on two sides of the second sidewall respectively; and
wherein the lower pivot hole of one of the two second sidewalls, the right part upper pivot hole and the left part upper pivot hole of the first sidewall being fixed to the first plate by a hinge, the right restriction pin and the left restriction pin of the other of the two second sidewalls extend into the right restriction trail and the left restriction trail of the first sidewall respectively, thus that when the at least two adjustable modules being in a compression state, two second sidewalls come close to each other;
wherein the right part restriction trail and the left part restriction trail have a caved design; and
wherein the upper pivot hole of the other of the two second sidewalls, the right part lower pivot hole and the left part pivot hole of the first sidewall being connected by another hinge.
However, Raybould teaches an adjustable module 20 or a hinge means comprising:
a first sidewall, comprising a right part, a left part, and a connection part 24 connecting the right part and the left part, the right part comprising a right part upper 22 pivot hole 27, a right part lower 23 pivot hole 27, the left part comprising a left part upper 22 pivot hole 27, a left part lower 23 pivot hole 27;
two second sidewalls, each comprising an upper pivot hole 27, a lower pivot hole 27; and
wherein the lower pivot hole 27of one of the two second sidewalls, the right part upper pivot hole 27 and the left part upper pivot hole 27of the first sidewall being fixed by a hinge; and
wherein the first sidewall has a caved design, such that, when the at least two adjustable modules 20 are in a compression state the two second sidewalls are adjacent to each other;
wherein the upper pivot hole of the other of the two second sidewalls, the right part lower pivot hole and the left part pivot hole of the first sidewall being connected by another hinge (figs. 2-6).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed, to have made the adjustable modules of Bunod, a hinge means as taught by Raybould, to provide improved mechanical strength. Also, it has been held that when a patent claims a structure already known in the prior art that is altered by the mere substitution of one element for another known in the field, the combination must do more than yield a predictable result. KSR, 127 S.Ct. at 1740, 82 USPQ2d at 1395 (citing United States v. Adams, 383 U.S. 50-51, 148 USPQ 479, 483 (1966)).
Regarding the restriction trails and the restriction pins, Yang teaches two parts 17, 123 of a hinge having a left and right restriction pins 1711 and corresponding left and right restriction trails 1232 defined by limiting portion 1233; wherein the restriction trials have caved design (fig.1).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed, to have provided the adjustable modules of the modified Bunod, pins and corresponding restriction trails, to limit the maximum opening angle as taught by Yang in col. 2, lines 32-37.
Regarding claim 5, Raybould further teaches the connection part 24 of the first sidewall connecting a center portion between the right part upper 22 pivot hole 27 and the right part lower 23 pivot hole 27, and a center portion between the left part upper pivot hole and the left part lower pivot hole (figs. 2 and 6).
Response to Arguments
Applicant's arguments have been fully considered but they are not persuasive. Figures 24-25 of the instant invention correspond to a non-elected species that was not selected. As such, those figures are not part of the elected invention under examination. Arguments relying on the concave design depicted in figures 24-25 are not applicable to the elected subject matter.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BLAINE GIRMA NEWAY whose telephone number is (571)270-5275. The examiner can normally be reached Monday - Friday 9:00 AM- 5:00PM.
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/BLAINE G NEWAY/Examiner, Art Unit 3735
/Anthony D Stashick/Supervisory Patent Examiner, Art Unit 3735
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