DETAILED ACTION
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 § 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) 1-2, 6, 9-13, 17 and 19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chien et al. US 20210002170.
Regarding claim 1, Chien discloses a charging device [see Figs. 31-36] comprising:
a plug [e.g., Fig. 32, AC plug/adapter 32526];
a platform [Fig. 32, table 32802] defining one or more planar surfaces [upper and lower surfaces];
a leg [bar 32801 + base 32800 and/or support arm 32801A + base 32800] having:
a bottom end coupled to the plug [AC plug/adapter 32526] and a top end coupled to the platform [table 32802. The bottom of bar 32801, support arm 32801A, are coupled to the plug 32526 through cable 32522 and wire arrangement 32424A];
a length measured between the top and bottom ends [the distance between the bottom of table 32802 and the top of base 32800]; and
a minimum width [i.e. the thickness of bar 32801, support arm 32801A] that is less than one-third of a width of the platform [note that table 32802 is large enough to support and charge commonly known digital devices, par. 1336], the minimum width of the leg and the width of the platform each measured perpendicularly to the length of the leg [inherent, the width (i.e. thickness) of bar 32801, 32801A of a floor lamp will be smaller than the one-third of the width of the table 32802, which is designed to be large enough to support and charge commonly known digital devices, pars. 0052, 1333-1334]; and
one or more chargers [Par. 1332 (g) wireless charger, (h) inductor charger sets. Wireless charging-unit(s) 32808. Par. 1334];
wherein the plug [AC plug/adapter 32526] is configured to be received into a receptacle on a wall such that: the one or more chargers are in electrical communication with the receptacle [pars. 1331, 1334];
the leg [bar 32801, support arm 32801A] extends between the receptacle and the platform along the wall [occurs when the lamp is plugged into a wall outlet and against the wall, as it is commonly used]; and
the platform [Fig. 32, table 32802] projects outwardly from the wall such that each of the one or more planar surfaces [top and bottom surfaces of table 32802] is substantially perpendicular to the wall and the width of the platform is substantially parallel to the wall [occurs when the lamp is plugged into a close-by wall outlet as it is commonly used. Note the length of cord 32522 is depicted as a standard standing lamp cord which is only a few feet long and designed to be close to a wall outlet in normal use].
Regarding claim 2, Chien discloses the charging device of claim 1, further comprising one or more wires disposed within the leg [Fig. 32, see wire arrangement], the one or more wires in electrical communication with the one or more chargers and with the plug [AC plug/adapter 32526. Par. 1332 (g) wireless charger, (h) inductor charger sets. Wireless charging-unit(s) 32808. Par. 1334].
Regarding claim 6, Chien discloses the charging device of claim 1, wherein a width of the leg [i.e. the thickness of bar 32801], measured perpendicularly to the length of the leg, is substantially constant along the length of the leg [as seen in Fig. 32].
Regarding claim 9, Chien discloses the charging device of claim 1, wherein the one or more chargers comprise one or more inductive chargers, each inductive charger of the one or more inductive chargers configured to inductively charge a device disposed on a respective planar surface of the one or more planar surfaces of the platform [As seen in Fig. 32. Par. 1332 (g) wireless charger, (h) inductor charger sets. Wireless charging-unit(s) 32808. Par. 1334. Note also in Fig. 31c that the base is also a Qi wireless charging surface 31222].
Regarding claim 10, Chien discloses the charging device of claim 1, wherein the one or more chargers comprise one or more charging receptacles [e.g. Figs. 31, 32A; 32212, 31212a], each charging receptacle of the one or more charging receptacles positioned closer to the top end of the leg than to the bottom end of the leg.
Regarding claim 11, Chien discloses the charging device of claim 10, wherein at least one charging receptacle of the one or more charging receptacles is coupled to the leg [Fig. 32A, through bar 32803].
Regarding claim 12, Chien discloses the charging device of claim 10, wherein at least one charging receptacle of the one or more charging receptacles is coupled to a particular planar surface of the one or more planar surfaces of the platform [Fig. 32A, 32B, coupled through bar 32803].
Regarding claims 13, 17, Chien discloses the charging device of claim 1, wherein the one or more chargers comprise one or more charging stands [Fig. 34B, compartment drawer 34810], each charging stand of the one or more charging stands coupled to a respective planar surface of the one or more planar surfaces of the platform and configured to inductively charge and hold a device such that the device is angularly disposed [e.g. 90 degrees] relative to the respective planar surface [par. 1337].
Regarding claim 19, Chien discloses the charging device of claim 17, wherein the one or more chargers comprise: one or more inductive chargers, each inductive charger of the one or more inductive chargers configured to inductively charge a device disposed in a respective compartment of the one or more compartments; and/or one or more charging receptacles, each charging receptacle of the one or more charging receptacles positioned in a respective compartment of the one or more compartments [Fig. 34B, pars. 1134, 1151, 1337].
Claim(s) 1-3, 6, 8, 15 and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by De Vincent US-11437832.
Regarding claim 1, De Vincent discloses a charging device [Fig. 1, wall mounted cell phone holder 10. Col. 1 lines 7-11] comprising:
a plug [Fig. 11, the AC prongs of charging adapter 72. Col. 3 lines 62-67];
a platform [Fig. 1 and 2, shelf assembly 20] defining one or more planar surfaces [Figs. 2 and 3, 22A + 22B. Col. 2 lines 53-58];
a leg [cover assembly 40. Col. 3 lines 34-42] having:
a bottom end [bottom of cover assembly 40] coupled [note: all instances of “coupled” are interpreted as having intermediate components] to the plug [charging adapter 72, col. 2 line 66 – col. 3 line 10, col. 3 line 62 - col. 4 lines 6. The bottom of cover assembly 40 is coupled to the prongs of charging adapter 72 by virtue of wires 74 passing through and in contact with grommet 26 which then couples to every other part of 10] and a top end [top of cover assembly 40] coupled to the platform [cover assembly 40 is coupled to the shelf assembly 20, col. 3 lines 40-50];
a length measured between the top and bottom ends [Fig. 1, the vertical length of cover assembly 40. Col. 3 lines 34-62]; and
a minimum width [see the cover assembly 40 in Fig. 7 reproduced, dimension labelled “width”. Alternatively, the minimum width may be the full width of 40 from left-side to right-side as shown in Fig. 11] that is less than one-third [automatically so due to material thickness of 40 being thin in relation to the shelf width. Alternatively, the full width of 40 would automatically be less than 1/3 the width of the shelf 20 given that the shelf 20 is rectangular and made to hold multiple devices simultaneously (col. 2 lines 57-66) and cover 40 is made to just be wide enough to cover the outlet and adapter (col. 3 lines 62 – col 4 line 2)] of a width of the platform [see shelf assembly 20 in Fig. 1 reproduced, dimension labelled “width”], the minimum width of the leg and the width of the platform each measured perpendicularly to the length of the leg [as depicted in Fig. 1. Col. 3 line 34 – col. 4 line 2]; and
one or more chargers [Fig. 11, the charging circuit inside charging adapter 72 + wires 74];
wherein the plug [Fig. 11, the AC prongs of charging adapter 72] is configured to be received into a receptacle on a wall [Fig. 11, outlet 54] such that: the one or more chargers are in electrical communication with the receptacle [as depicted in Fig. 11];
the leg [cover assembly 40] extends between the receptacle [Fig. 11, outlet 54] and the platform [Fig. 1, shelf assembly 20] along the wall [Fig. 11, wall 52]; and
the platform [shelf assembly 20] projects outwardly from the wall such that each of the one or more planar surfaces [upper surface of shelf assembly 20] is substantially perpendicular to the wall [as depicted in Fig. 1] and the width of the platform is substantially parallel to the wall [as depicted in Figs. 1 and 11. See also abstract].
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Regarding claim 2 (Original), De Vincent discloses the charging device of claim 1, further comprising one or more wires [wires 74] disposed within the leg [cover assembly 40], the one or more wires in electrical communication with the one or more chargers [Fig. 11, the charging circuit inside charging adapter 72] and with the plug [Fig. 11, the AC prongs of charging adapter 72. As depicted in Fig. 11].
Regarding claim 3 (Currently Amended), De Vincent discloses the charging device of claim 1, wherein the minimum width of the leg [see the cover assembly 40 in Fig. 7 reproduced, dimension labelled “width”] is less than or equal to one-fifth [inherent] of the length of the leg [see the cover assembly 40 in Fig. 7, dimension labelled “length”], and wherein the leg houses the plug [as depicted in Fig. 11, charging adapter 72 is housed inside cover assembly 40].
Regarding claim 6 (Original), De Vincent discloses the charging device of claim 1, wherein a width of the leg [see the cover assembly 40 in Fig. 7 reproduced, dimension labelled “width”], measured perpendicularly to the length of the leg [see the cover assembly 40 in Fig. 7, dimension labelled “length”], is substantially constant along the length of the leg [as depicted in Fig. 7].
Regarding claim 8 (Original), De Vincent discloses the charging device of claim 1, wherein: the one or more planar surfaces [Figs. 2 and 3, 22A + 22B] of the platform [shelf assembly 20] comprise three or more planar surfaces; a first planar surface [Fig. 4 surface of 29] of the three or more planar surfaces is coupled to the leg [40] along a first direction [from the left-side around to the right-side as shown in Fig. 4, when 40 is attached to 29] aligned [e.g., in the same plane] with the minimum width of the leg [see the cover assembly 40 in Fig. 7 reproduced, dimension labelled “width”] and is disposed between a second planar surface [Fig. 4 the surface interfacing 28 with 22B] and a third planar surface [Fig. 4, surface of 22B] of the three or more planar surfaces; and the second [Fig. 4 the surface interfacing 28 with 22B] and third planar surfaces [Fig. 4, surface of 22B] are disposed further from the bottom end of the leg than the first planar surface [Fig. 4, the surface interfacing 28 with 22B and the surface of 22B are both further away from the bottom of 40 than the surface of 29] and are arranged along a second direction aligned with the length of the leg [the surface interfacing 28 with 22B and the surface of 22B are aligned perpendicularly with the length of the leg].
Regarding claim 15 (Original), De Vincent discloses the charging device of claim 1, further comprising one or more brackets [see Fig. 4 reproduced, mounting sidewall 28] configured to be coupled to the leg [Fig.1, cover assembly 40] and defining two openings [Fig. 3, Sidewall openings 28A], wherein the one or more brackets are configured to be secured to the wall by a corresponding fastener [Fig. 9, threaded fasteners 28B] received through each opening of the two openings, and wherein when each bracket is secured to the wall [Fig. 9, wall 52] each bracket [Fig. 4, mounting sidewall 28] of defines a space [see Fig. 8 reproduced, labelled “cutouts”] configured to receive the leg [cover assembly 40 has cutouts at both sides, which are defined by the corresponding shape of mounting sidewall 28 and configured to allow 40 to be snugly received onto 28. Col. 3 lines 10-21].
Regarding claim 20 (Currently Amended), De Vincent discloses the charging device of claim 1, wherein the plug [Fig. 11, the AC prongs of charging adapter 72] comprises three prongs [charging adapters for devices are commonly available in both 2 and 3 prong types, and receptacle 54 can accommodate either as desired], wherein the one or more chargers [Fig. 11, the charging circuit inside charging adapter 72 + wires 74] are housed in the platform [wires 74 (Fig. 1) are housed in shelf assembly 20], and wherein the leg is coupled directly to the plug [the leg will touch (i.e. be coupled directly to) the plug whenever wall-mounted cell phone holder 10 is installed on the wall sufficiently right-shifted or left-shifted from the center of wall outlet receptacle 54 (see Fig. 11) such that the inside of 40 touches the outside of charging adapter 72. This will automatically occur, for example, whenever there are space limitations on the wall due to adjacent interfering furniture impeding the edge of shelf 20; interfering window framing too close to the outlet which impedes the edge of shelf 20; and/or the outlet being too close to the intersection of two walls resulting in one wall impeding the edge of shelf 20, etc.].
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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) 5, 7, 9-12 and 17-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over De Vincent US-11437832 in view of Gharabegian US 20200366124.
Regarding claim 5 (Original), De Vincent discloses the charging device of claim 1, but is silent on: wherein the length of the leg is at least 1 foot.
Gharabegian discloses: wherein the length of the leg [Fig. 1, the leg is equivalently charging shelf 130 + sound housing 125 + control or electronics housing 120] is at least 1 foot [par. 0029].
De Vincent and Gharabegian are analogous support surfaces for holding and charging electronic devices [See De Vincent abstract, Gharabegian abstract].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the dimensions of the mobile charging and protecting stand or table 100, as taught by Gharabegian, into De Vincent’s charging shelf for the intrinsic benefit of having a surface height that is convenient to reach without bending for the average adult user.
Regarding claim 7 (Original), De Vincent discloses the charging device of claim 1, but is silent on: wherein a surface area of the one or more planar surfaces is at least 0.5 square foot.
Gharabegian discloses: wherein a surface area of the one or more planar surfaces [Fig. 1, upper surface of table-top assembly 135, floor surface of shelf assembly 130] is at least 0.5 square foot [par. 0029].
De Vincent and Gharabegian are analogous support surfaces for holding and charging electronic devices [See De Vincent abstract, Gharabegian abstract].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the dimensions of the mobile charging and protecting stand or table 100, as taught by Gharabegian, into De Vincent’s charging shelf for the intrinsic benefit of having a surface area made explicitly large enough to support multiple devices of different sizes simultaneously.
Regarding claim 9 (Original), De Vincent discloses the charging device of claim 1, but is silent on: wherein the one or more chargers comprise one or more inductive chargers, each inductive charger of the one or more inductive chargers configured to inductively charge a device disposed on a respective planar surface of the one or more planar surfaces of the platform.
Gharabegian discloses: wherein the one or more chargers comprise one or more inductive chargers, each inductive charger of the one or more inductive chargers configured to inductively charge a device [par. 0041: … In some embodiments, the bottom section may have a surface (which may be referred to as a bottom surface) on which electronic devices (e.g., mobile communication devices) may rest. In some embodiments, these mobile communication devices may be cellular phones, smart phones, tablets, chargeable and/or wireless earphones or earbuds, or other similar devices. In some embodiments, the shelf assembly 130 may comprise charging circuity 337 (e.g., a power source coupled to cables or wires further coupled with induction coils) which may be referred to as induction charging assemblies] disposed on a respective planar surface [Fig. 1, floor surface of shelf assembly 130] of the one or more planar surfaces of the platform [Fig. 1, table-top assembly 135].
De Vincent and Gharabegian are analogous support surfaces for holding and charging electronic devices [See De Vincent abstract, Gharabegian abstract].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the compartmentalized features such as charging shelf 130 with inductive charging, sound housing 125 and control or electronics housing 120, as taught by Gharabegian, with De Vincent’s charging shelf, for the intrinsic benefits of 1) providing an additional space to hold and inductively charge devices, 2) to add sound for increased convenience and user enjoyment, and have a control housing to supply electronics for both 1) and 2).
Regarding claim 10 (Original), De Vincent discloses the charging device of claim 1, but is silent on: wherein the one or more chargers comprise one or more charging receptacles, each charging receptacle of the one or more charging receptacles positioned closer to the top end of the leg than to the bottom end of the leg.
Gharabegian discloses: wherein the one or more chargers comprise one or more charging receptacles [Fig. 1, shelf assembly 130 is a receptacle for receiving devices for charging], each charging receptacle of the one or more charging receptacles positioned closer to the top end of the leg than to the bottom end of the leg [as depicted in Fig. 1. Par. 0041].
De Vincent and Gharabegian are analogous support surfaces for holding and charging electronic devices [See De Vincent abstract, Gharabegian abstract].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the compartmentalized features such as charging shelf 130 with inductive charging, sound housing 125 and control or electronics housing 120, as taught by Gharabegian, with De Vincent’s charging shelf, for the intrinsic benefits of 1) providing an additional space to hold and charge devices, 2) to add sound for increased convenience and user enjoyment, and have a control housing to supply electronics for both 1) and 2).
Regarding claim 11 (Original), under the combination in claim 10, Gharabegian discloses: wherein at least one charging receptacle [Fig. 1, shelf assembly 130 is a receptacle for receiving devices for charging] of the one or more charging receptacles is coupled to the leg [Fig. 1, charging shelf 130 + sound housing 125 + control or electronics housing 120 are all coupled together].
Regarding claim 12 (Original), under the combination in claim 10, Gharabegian discloses: wherein at least one charging receptacle [Fig. 1, shelf assembly 130 is a receptacle for receiving devices for charging] of the one or more charging receptacles is coupled to a particular planar surface [Fig. 1, the underside of table-top assembly 135] of the one or more planar surfaces of the platform.
Regarding claim 17 (Original), De Vincent discloses the charging device of claim 1, further comprising one or more compartments [inside cover assembly 40], but is silent on: each positioned closer to the top end of the leg than to the bottom end of the leg.
Gharabegian discloses: one or more compartments [Fig. 1, inside shelf assembly 130 + inside sound housing 125], each positioned closer to the top end of the leg [Fig. 1, the leg is equivalently charging shelf 130 + sound housing 125 + control or electronics housing 120] than to the bottom end of the leg [as seen in Fig. 1. Pars. 0029, 0031, 0032, 0041 (Fig. 3A)].
De Vincent and Gharabegian are analogous support surfaces for holding and charging electronic devices [See De Vincent abstract, Gharabegian abstract].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the compartmentalized features such as charging shelf 130, sound housing 125 and control or electronics housing 120, as taught by Gharabegian, with De Vincent’s charging shelf, for the intrinsic benefits of 1) providing an additional space to hold and charge devices, 2) to add sound for increased convenience and user enjoyment, and have a control housing to supply electronics for both 1) and 2).
Regarding claim 18 (Original), under the combination of claim 17, Gharabegian discloses wherein: the leg [Fig. 1, the leg is equivalently charging shelf 130 + sound housing 125 + control or electronics housing 120] includes a tapered portion [Fig. 1, see sound housing 125 tapered, See Fig. 3A, charging shelf 130 tapered] coupled to the platform in which a width of the leg [Fig. 1, measured from top of 130 to bottom of 125], measured perpendicular to the length of the leg, decreases moving along the length of the leg toward the bottom end of the leg [as depicted in Figs. 1 and 3A]; and the tapered portion includes the one or more compartments [hollow area or opening 335, see par. 0041 and Fig. 3A].
Regarding claim 19 (Original), under the combination of claim 17, Gharabegian discloses: wherein the one or more chargers comprise: one or more inductive chargers, each inductive charger of the one or more inductive chargers configured to inductively charge a device disposed in a respective compartment of the one or more compartments [Fig. 3A, par. 0041: … the shelf assembly 130 may comprise charging circuity 337 (e.g., a power source coupled to cables or wires further coupled with induction coils) which may be referred to as induction charging assemblies.]; and/or
one or more charging receptacles, each charging receptacle of the one or more charging receptacles positioned in a respective compartment of the one or more compartments [claimed in the alternative only due to “and/or” limitation].
Claim(s) 13 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over De Vincent US-11437832 in view of Lowen US 20170063142.
Regarding claim 13 (Original), De Vincent discloses the charging device of claim 1, but is silent on: wherein the one or more chargers wherein the one or more chargers comprise one or more charging stands, each charging stand of the one or more charging stands coupled to a respective planar surface of the one or more planar surfaces of the platform and configured to inductively charge and hold a device such that the device is angularly disposed relative to the respective planar surface.
Lowen discloses: [Fig. 7, equivalently base 444] comprise one or more charging stands [Fig. 7, charging mat 440 with lever 442], each charging stand of the one or more charging stands coupled to a respective planar surface of the one or more planar surfaces of the platform [e.g., at the bottom surface of 444 or top of 440] and configured to inductively charge and hold a device [Fig. 6, device 406] such that the device is angularly disposed relative to the respective planar surface [par. 0051].
De Vincent and Lowen are analogous charging surfaces for electronic devices [see De Vincent abstract and Lowen abstract].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the inductive charging with tilting stand concept, as taught by Lowen, onto De Vincent’s charging shelf for the explicit benefit of angling the mobile device for convenient use the device is being charged [Lowen, par. 0023].
Regarding claim 14 (Original), under the combination for claim 13, Lowen discloses: wherein each charging stand [Fig. 7, charging mat 440 with lever 442] of the one or more charging stands includes a surface [charging mat 440] that is movable between a first position in which the surface is substantially parallel to a respective planar surface of the one or more planar surfaces and a second position in which the surface is angularly disposed relative to the respective planar surface [par. 0051].
Claim(s) 4 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over De Vincent US-11437832.
Regarding claim 4 (Original), De Vincent discloses the charging device of claim 3, but is silent on: wherein the minimum width of the leg is between 0.60 and 2.75 inches.
However, De Vincent discloses that cover assembly 40 is mounted to shelf 22 flush with a wall 52 to cover an outlet 54. Additionally, outlet 54 may further include a charging adapter 72 having wires 74 mounted thereon… cover assembly 40 is adapted to fully cover outlet 54 having charging adapter 72. … cover body 42 should be configured to be a suitable size to cover outlet 54 and charging adapter 72. As a result, an aesthetically pleasing environment is created for a wall 52. An environment that covers wires 74 to create an aesthetically pleasing sight to a user [col. 3 lines 62 – col. 4 line 5].
Therefore, ordinary skill in the art seeking to effectuate a real-world design of De Vincent’s shelf assembly 10 with cover 40, would utilize the wall outlet/ wall outlet cover standard NEMA and/or manufacturer sizing as a teaching, suggestion, or motivation in the prior art. This will lead ordinary skill to size the width of cover 40 against the width of the wall outlet and/or wall outlet cover, which is in a known range of approximately 0.60 and 2.75 inches.
See KSR Int’l Co. v. Teleflex, Inc., 550 U.S. 398 (2007), Rationale (G) – “Some teaching, suggestion, or motivation in the prior art that would have led one of ordinary skill to modify the prior art reference or to combine prior art reference teachings to arrive at the claimed invention." MPEP 2143(E).
Regarding claim 16 (Currently Amended), De Vincent discloses the charging device of claim 1, , wherein the leg is configured to be coupled to receptacle and contact a wall or vertical surface [Figs. 9 and 11, 40 is in contact with wall 52 and is therefore coupled to the receptacle 54 through contact with the wall], and configured to not contact a ground or horizontal surface [as depicted in Fig. 1, 40 is held off the floor].
De Vincent does not disclose: one or more adhesive strips coupled to the leg, each having a width that is less than the minimum width of the leg.
However, De Vincent discloses the upper part of 28 is (Figs. 4 and 9) is screwed to wall 54 by screws 28B; but the only thing holding cover 40 in place is its coupling to shelf 20 via protrusion 29 and locking member 23, both of which secure the top of cover 40 to shelf 20. Therefore, as cover 40 extends down the wall and away from shelf 20 (Fig. 11), its ability to hold to the wall decreases and may actually flex outwards from the wall leaving a small unsightly gap, depending on the number and size of adapters 72 and wires 74 inside of cover 40 [col. 2 lines 57 – col. 3 line 33].
Therefore, ordinary skill in the art seeking to overcome the problem of cover 40 potentially flexing away from the wall, would utilize a common sense and "Obvious to Try" DIY approach to securing the cover 40 to the wall by choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success. In this case, the solutions include additional brackets around the lower portion of cover 40, using screws through cover 40 directly into wall 52, and using adhesive strips against the width of cover 40 (see “width” as labeled in Fig. 7 reproduced above). Ordinary skill would choose the adhesive strips solution, likely already present in their home, placed against the width dimension to easily and cheaply accomplish the DIY fix of further securing the lower portion of cover 40 to the wall. Given the strength of adhesive strips, expectation of success would be 100%.
See KSR Int’l Co. v. Teleflex, Inc., 550 U.S. 398 (2007), Rationale (E) "Obvious to try" – choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success" MPEP 2143(E).
Response to Arguments
Applicant's arguments filed 10/28/2025 have been fully considered but they are not persuasive.
Applicant argues with respect to claim 1 (page 2), “Thus, Chien discloses that the vertical bar (bar 32801) and the support arm (32801) (the Office's alleged legs) are coupled to the base 32800, and that the base 32800 is coupled to the plug 32526 via a cord (wire 32522). Therefore, Chien does not disclose that either of the vertical bar (bar 32803) or the support arm (32801) are coupled to the plug 32526. Consequently, Chien does not disclose "a leg having: a bottom end coupled to the plug and a top end coupled to the platform," as in claim 1.”
Examiner disagrees. The term “coupled” is a broad term that accommodates intermediate components. Therefore, base 32800 can be considered an intermediate component that couples the plug to the (bar 32803) or the support arm (32801). Further, note that the “leg” as recited has been re-itemized to further address applicant’s argument, to also include the base 32800.
Applicant argues on page 3, “In rejecting claim 1, the Examiner alleges that the vertical bar (bar 32801) and the support arm (32801) (the Office's alleged legs) are coupled to the plug because "the bottom of bar 32801, support arm 32801A is coupled to the plug 32526 through cable 32522." Action at 2. Applicant respectfully disagrees. The Office's alleged cable 32522 (wire 32522) in Chien is coupled to the base 32800. That is the cord or cable (i.e., wire sheathing is coupled to the base. The wire 32522 inside the Office's alleged cable 32522 is coupled to the wire arrangement 32528AC and the circuit 32 C1 housed withing the base 32800, and the wire 32522 is coupled to charger 32808 by additional wires running through the vertical bar (bar 32801) and/or the support arm (32801) (the Office's alleged legs). The Office's alleged legs are not coupled to, such as in contact with, the plug 32526. Thus, the Office's rejection and mapping is improper.”
Examiner disagrees. As admitted by applicant, the cable 32522 couples the plug 32526 to the support bar 32801 and arm 32801A through the wire sheathing passing through base 32800. The recited language does not require the leg to be in contact with the plug.
All instances of “well-known” has been removed under the Chien rejection. Thus, any arguments with respect to those claims are rendered moot. New grounds of rejection are also presented as cited in the action above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RICHARD V MURALIDAR whose telephone number is (571)272-8933. The examiner can normally be reached M - W 9:30 am to 6:30 PM.
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RICHARD V. MURALIDAR
Primary Examiner
Art Unit 2859
/RICHARD V MURALIDAR/Primary Examiner, Art Unit 2859