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
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 1-2 and 4-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cressoni (US Pat 4,818,008).
Regarding claim 1, Cressoni discloses a subassembly for a transport, comprising: a support element 10 having a rigid support member 11 and a movable support member 21 (see Figures 1-2; Col. 1, lines 61-65); a fixed component 13 arranged on top of the rigid support member 11 (see Figure 1; Col. 2, lines 1-6); and a cover element 19 arranged on top of the movable support member 21, such that a surface of the cover element 19 adjoins a surface of the component 13 (see annotated Figure 1 below), the cover element 19 having a free edge surface that is positioned proximate to and facing an edge surface of the component 13 (see Figure 1 and annotated Figure 2 below; Col. 2, lines 1-19), wherein the support element 10 has a lever mechanism 24 which is configured to raise the cover element 19 and the movable support member 21 above the surface of the component 13 in response to a force acting parallel to the surface of the cover element 19 (see Figure 2; Col. 2, lines 20-28).
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Regarding claim 2, Cressoni discloses the subassembly as claimed in claim 1, wherein the support element 10 has a deformation area 23 (see Figure 2; Col. 2, lines 1-6). Merriam-Webster defines “deformation” as: “alteration of form or shape”. The deformation area 23 is an area of the movable support member 21 that allows for the shape of the movable support member 21 to be altered when opened.
Regarding claim 4, Cressoni discloses the subassembly as claimed in claim 1, wherein the lever mechanism 24 has a long lever arm area, a short lever arm area 26, and a linkage area 30 (see Figure 2 and annotated Figure 2 below; Col. 2, lines 19-28).
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Regarding claim 5, Cressoni discloses the subassembly as claimed in claim 4, wherein the short lever arm area 26 and the linkage area 30 are connected by a connecting area (see annotated Figure 2 above; Col. 2, lines 19-28).
Regarding claim 8, Cressoni discloses the subassembly as claimed in claim 1, wherein the support element has two or more lever mechanisms 24, 14 (see Figures 1-3; Col. 1, lines 55-65; Col. 2, lines 19- 28).
Regarding claim 9, Cressoni discloses the subassembly as claimed in claim 1, wherein the surface of the cover element 19 and the surface of the component 32 merge essentially seamlessly into each other (see Figure 1; Col. 2, lines 29-32). The plate 19 is equipped with a hook 37 that holds the plate 19 close enough to the component 13 that the two surfaces merge essentially seamlessly with one another.
Regarding claim 10, Cressoni discloses a transport (see Col. 1, lines 55-60), comprising: a subassembly, comprising: a support element 10 having a rigid support member 11 and a movable support member 21 (see Figures 1-2; Col. 2, lines 1-6); a fixed component 13 arranged on top of the rigid support member 11 (see Figure 1; Col. 1, lines 61-65); and a cover element 19 arranged on top of the movable support member 21, such that a surface of the cover element 19 adjoins a surface of the component 13 (see Figure 2 and annotated Figure 2 in claim 1 above; Col. 2, lines 1-10), the cover element 19 having a free edge surface that is positioned proximate to and facing an edge surface of the component 13 (see annotated Figure 2 in claim 1 above), wherein the support element 10 has a lever mechanism 24 which is configured to raise the cover element 19 and the movable support member 21 above the surface of the component 13 in response to a force acting parallel to the surface of the cover element 19 (see Figure 2; Col. 2, lines 19-28).
Regarding claim 11, Cressoni discloses the subassembly of claim 1, wherein the cover element 19 further comprises a second free edge surface disposed opposite the free edge surface (see annotated Figure 2 below). The second free edge surface is free when the movable support element 21 is in the open position.
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Regarding claim 1, a second interpretation of Cressoni discloses a subassembly for a transport, comprising: a support element 10 having a rigid support member 13 and a movable support member 20 (see Figure 2 and annotated Figure 2 below; Col. 2, lines 1-6); a fixed component 32 arranged on top of the rigid support member 13 (see Figures 1-2 and annotated Figure 2 below; Col. 19-28); and a cover element 19 arranged on top of the movable support member 20, such that a surface of the cover element 19 adjoins a surface of the component 32 (see Figure 2; Col. 2, lines 1-6), the cover element 19 having a free edge surface that is positioned proximate to and facing an edge surface of the component 32, wherein the support element 10 has a lever mechanism 21 which is configured to raise the cover element 19 and the movable support member 20 above a surface of the component 32 in response to a force acting parallel to a surface of the cover element 19 (see Figure 2; Col. 2, lines 19-28).
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Regarding claim 4, the second interpretation of Cressoni discloses the subassembly as claimed in claim 1, wherein the lever mechanism 21 has a long lever arm area, a short lever arm area, and a linkage area (see annotated Figure 2 above).
Regarding claim 6, the second interpretation of Cressoni discloses the subassembly as claimed in claim 1, wherein the support element 10 is configured as a single piece (see Col. 2, lines 1-6). The lever mechanism 21 is attached to the rigid support member 13 by a "film-type" hinge 22, meaning the lever mechanism is an integral piece with the rigid support member 13, making the support element a single piece (see Col. 2, lines 1-6; claim 9).
Regarding claim 7, the second interpretation of Cressoni discloses the subassembly as claimed in claim 6, wherein the lever mechanism 21 is formed by cutouts of the support element 10 (see Col. 2, lines 1-6). The living hinges 22, 23 are part of the support element 10 and require less material to be present to allow folding. Because the lever mechanism 21 is a plastic sheet material integrally formed with the rigid support member 13 and has areas in which less material is present in its formation, it is a cutout of the support element 10.
Regarding claim 8, the second interpretation of Cressoni discloses the subassembly as claimed in claim 1, wherein the support element 10 has two or more lever mechanisms 21, 24, 14 (see Figures 1-3; Col. 1, lines 55-65; Col. 2, lines 19-28).
Regarding claim 9, the second interpretation of Cressoni discloses the subassembly as claimed in claim 1, wherein the surface of the cover element 19 and the surface of the component 32 merge essentially seamlessly into each other (see Figure 1; Col. 2, lines 29-32). The plate 19 is equipped with a hook 37 that holds the plate 19 close enough to the component 32 that the two surfaces merge essentially seamlessly with one another.
Regarding claim 10, the second interpretation of Cressoni discloses a transport (see Col. 1, lines 55-60), comprising: a subassembly, comprising: a support element 10 having a rigid support member 13 and a movable support member 20 (see Figure 2; Col. 2, lines 1-6); a fixed component 32 arranged on top of the rigid support member 13 (see Figures 1-2 and annotated Figure 2, labelled “Second interpretation”, above; Col. 2, lines 19-28); and a cover element 19 arranged on top of the movable support member 20, such that a surface of the cover element adjoins a surface of the component 32 (see Figure 2; Col. 2, lines 1-6), the cover element 19 having a free edge surface that is positioned proximate to and facing an edge surface of the component 32, wherein the support element 13 has a lever mechanism 21 which is configured to raise the cover element 19 and the movable support member 20 above the surface of the component 32 in response to a force acting parallel to the surface of the cover element 19 (see Figure 2; Col. 2, lines 19-28).
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.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Cressoni in view of Krier et al. (US Pat 10,675,975).
Regarding claim 3, Cressoni discloses the subassembly as claimed in claim 1.
Cressoni fails to disclose the cover element is beveled on its underside toward an edge in an area adjoining the component.
Krier et al. disclose a lens assembly having a framing layer 400 with two profiled surfaces. The surfaces 410, 420 form a bezel of the lens assembly 400 to provide space for a lens 440 to be properly seated (see Figures 4C-4E; Col. 4, lines 12-30).
It would have been obvious to one of ordinary skill in the art before the earliest e effective filing date of the claimed invention to construct the cover element of Cressoni with a beveled underside toward an edge in an area adjoining the component, with a reasonable expectation of success, as taught by Krier et al., to ensure that the cover element edge doesn't interfere with an opening of the support element when in the open position.
Response to Arguments
Applicant’s arguments, see Remarks, filed March 30, 2026, with respect to the rejection of claims 1-2, 4, and 8-10 under 35 USC 102(a)(1) as being anticipated by Dunchock (US Pat 4,256,340), have been fully considered and are persuasive. Therefore, the rejection has been withdrawn.
Applicant’s arguments, see Remarks, filed March 30, 2026, with respect to the rejection of claims 1 and 4-10 under 35 USC 102(a)(1) as being anticipated by Cressoni (US Pat 4,818,008), have been fully considered and are not persuasive.
Examiner has outlined in the rejection presented above a new interpretation of Cressoni that anticipates the amended claim language. The cover element 19 has a surface that adjoins a surface of the component 13 shown in annotated Figure 1 below. When the movable support element 21 is in an open position, a free edge surface of the cover element is positioned to face a top edge surface of the component 13, which is also shown in an annotated Figure 2 presented above. Given the interpretation of Cressoni outlined in the rejection presented above, the reference is not overcome.
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Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Ragner et al. (US PG Pub 2020/0062191) disclose a subassembly having a support element, a fixed component, and a lever mechanism that raises a movable support member. Yang (US Pat 10,836,326) discloses a support element having a rigid support member and a movable support member. Bisceglia et al. (US Pat 9,233,649) disclose a support element having a rigid support member, a movable support element, a fixed component, and a cover element. Hipshier et al. (US Pat 9,573,529) disclose a support element having a rigid support member, a movable support element, a fixed component, and a cover element.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VERONICA M CONDO whose telephone number is (571)272-9415. The examiner can normally be reached Mon-Fri 8am-3pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amy Weisberg can be reached at (571) 270-5500. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/VERONICA M CONDO/ Examiner, Art Unit 3612
/AMY R WEISBERG/ Supervisory Patent Examiner, Art Unit 3612
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