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 .
Specification
The corrected Abstract was received on 10/13/2025 and is accepted.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “telescoping solar panel” recited in Claim 6 and the “foldable solar panel” recited in claim 11 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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.
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 6-11 and 13-20 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. The “telescoping solar panel” recited in Claim 6 and the “foldable solar panel” recited in claim 11 are not considered supported by the disclosure as filed. While the use of a telescopic or foldable leg supporting the solar panel is found in the application, there is no mention of solar panel that is foldable or telescopic itself.
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.
Claims 1-5 are rejected under 35 U.S.C. 103 as being unpatentable over Brunner in US Publication 2017/0312909 in view of Hazzard et al. in US Publication 2019/0270471 and Hall in US Patent 4640386.
Regarding Claims 1 and 4, Brunner teaches a sawhorse device comprising: a body (12A); and a leg (12) further comprised of a first member (16B), a second member (18B), a locking handle (40) and a hinge (17/19).
Brunner is silent on the inclusion of an outlet or battery. Hazzard teaches a workstation including a body with an LED (314); a power outlet (the “AC receptacles or outlets” – see paragraph 0027); a battery (46); a charging receptable (50) that receives the battery; and wherein the battery supplies power to the power outlet. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Brunner by adding a power unit as taught by Hazzard in order to allow the user to charge a device.
Brunner, as modified, teaches that the body comprises a top wall (the upper surface of 12A) but is silent on the use of an opening in the top wall. Hall teaches a sawhorse device including a body (10) comprising a top wall (the top surface of 10) comprising a threaded opening (26) for receiving a fastener (22) to secure a board (20) to the body. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Brunner, as modified, by adding a threaded opening and board with a fastener as taught by Hall in order to “provide a surface which will not damage a saw or the like” as Hall teaches.
Regarding Claim 2, Brunner, as modified, teaches a level bubble (102).
Regarding Claim 3, Brunner, as modified, teaches a hook (96).
Regarding Claim 5, Brunner, as modified, teaches that the leg is foldable (see Fig. 8E)
Claims 6-10 are rejected under 35 U.S.C. 103 as being unpatentable over Brunner in US Publication 2017/0312909 in view of Hazzard et al. in US Publication 2019/0270471, Hall in US Patent 4640386 and Pizzuto in US Patent 2011/0193372.
Regarding Claims 6, 9, and 10, Brunner teaches a sawhorse device comprising: a body (12A); and a leg (12) further comprised of a first member (16B), a second member (18B), a locking handle (40) and a hinge (17/19).
Brunner is silent on the inclusion of an outlet or battery. Hazzard et al. teaches a workstation with a body including an LED (314), a power cord (110) that extends and retracts relative to the body, a power outlet (the “AC receptacles or outlets” – see paragraph 0027), a battery (46) that supplies power to the power cord; a charging receptable (50) that receives the battery; and wherein the battery supplies power to the power outlet. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Brunner by adding a power unit as taught by Hazzard in order to allow the user to charge a device.
Brunner, as modified, teaches that the body comprises a top wall (the upper surface of 12A) but is silent on the use of an opening in the top wall. Hall teaches a sawhorse device including a body (10) comprising a top wall (the top surface of 10) comprising a threaded opening (26) for receiving a fastener (22) to secure a board (20) to the body. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Brunner, as modified, by adding a threaded opening and board with a fastener as taught by Hall in order to “provide a surface which will not damage a saw or the like” as Hall teaches.
Brunner, as modified, is silent on the use of a solar panel. Pizzuto teaches a device with a battery charger (36) and having a telescoping solar panel (34) in communication with the charger, the telescoping solar panel comprising a support leg (40). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Brunner, as modified, by adding a solar panel as taught by Pizzuto in order to provide power to the device no matter where it is located.
Regarding Claim 7, Brunner, as modified, teaches of a level bubble (102).
Regarding Claim 8, Brunner, as modified, teaches a hook (96).
Claims 11 and 15-20 are rejected under 35 U.S.C. 103 as being unpatentable over Brunner in US Publication 2017/0312909 in view of Hazzard et al. in US Publication 2019/0270471, Hall in US Patent 4640386, Wasylynko in US Patent 5709373, and Pizzuto in US Patent 2011/0193372 .
Regarding Claims 11 and 18, Brunner teaches a sawhorse device comprising: a body (12A) comprised of a top surface (80) having an opening (at 90); a leg (12) comprised of a first member (16B), a second member (18B), a locking handle (40) and a hinge (17/19).
Brunner, as modified, teaches that the body comprises a top wall (the upper surface of 12A) but is silent on the use of an opening in the top wall. Hall teaches a sawhorse device including a body (10) comprising a top wall (the top surface of 10) comprising a threaded opening (26) for receiving a fastener (22) to secure a board (20) to the body. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Brunner, as modified, by adding a threaded opening and board with a fastener as taught by Hall in order to “provide a surface which will not damage a saw or the like” as Hall teaches.
Brunner is silent on the inclusion of an outlet or battery. Hazzard et al. teaches a workstation with a body including an LED (314), a power cord (110), a battery (46); a charging receptable (50) that receives the battery; and a battery charger (the device in “the charge mode” – see Paragraph 0051) and LED indicates a power status of the battery. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Brunner by adding a power unit as taught by Hazzard in order to allow the user to charge a device.
Brunner, as modified, is silent on the use of a solar panel. Pizzuto teaches a device with a battery charger (36) and having a foldable solar panel (34) in communication with the charger, the foldable solar panel comprising a support leg (40). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Brunner, as modified, by adding a solar panel as taught by Pizzuto in order to provide power to the device no matter where it is located.
Brunner, as modified, is silent on the inclusion of a storage bag. Wasylynko teaches a sawhorse device (10) and including a storage bag (76) for retaining the sawhorse device body within and comprising a separate tool compartment (78). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Brunner, as modified, by adding a storage case as taught by Wasylynko in order to provide more storage for the user and protect the legs when not in use.
Regarding Claim 15, Brunner, as modified, teaches that the hinge allows the leg to fold (See Fig. 8E).
Regarding Claim 16, Brunner, as modified, teaches that the leg is adjustable in length (see Fig. 5A).
Regarding Claim 17, Brunner, as modified, teaches that the leg can be locked at a length via the locking handle.
Regarding Claim 19, Brunner, as modified, teaches a hook (96).
Regarding Claim 20, Brunner, as modified, teaches a level bubble (102).
Claims 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over Brunner, as modified, as applied to claim 11 above, and further in view of Korman in US Publication 2012/0235477. Brunner, as modified, is silent on the details of the solar panels. Korman teaches a portable device including a battery (28a) and a foldable solar panel (14) that supplies power to the battery, a charging receptable (16) that has a charging port (22) that receives a power cord of the solar panel (see Fig. 2). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Brunner, as modified, by adding a solar panel as taught by Korma in order to provide charging power to the device when not close to a power outlet.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 6, and 11 and the new limitations therein have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 NOAH C. HAWK whose telephone number is (571)272-1480. The examiner can normally be reached M-F 9am to 5:30pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Dunn can be reached at 5712726670. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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NOAH C. HAWK
Primary Examiner
Art Unit 3636
/Noah Chandler Hawk/Primary Examiner, Art Unit 3636