DETAILED ACTION
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 Objections
Claims 1, 13, and 14 are objected to because of the following informalities:
Claim 1 line 6 reads “a first cushioning member disposed the first main body” but should read “a first cushioning member disposed on the first main body”.
Claim 13 line 2 and claim 14 line 3-4 read “the fixing seat” but should read “a fixing seat” since this limitation has not yet been introduced.
Appropriate correction is required.
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.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
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 limitation(s) is/are:
“cushioning part” introduced in claim 1, which is being interpreted as a spring, or functional equivalent
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 3, 5, 7, and 9 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.
Claims 3 and 7 include the limitation that the cushioning part is “sleeved out of the first cushioning member” The phrase “sleeved out” is not considered to be a known term used in the art and is not defined in the specification such that it would be clearly understood by one of ordinary skill in the art. Thus, it is not clear what is meant by “sleeved out” of the first (or second) cushioning member. For the purposes of this Office Action, this limitation is being interpreted as the cushioning part being sleeved on the solid first cushioning member and outside of the hollow second cushioning member.
Claims 5 and 9 include the similar limitation that the cushioning part is “sleeved out of the second cushioning member and is considered to be unclear for the same reasons. For the purposes of this Office Action, this limitation is being interpreted as the cushioning part being sleeved on the solid second cushioning member and outside of the hollow first cushioning member.
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.
Claim(s) 1, 4, 8, and 11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN 11297152 A by Huang (hereinafter “Huang”).
Regarding claim 1, Huang discloses a cushioning mechanism (Fig 1 buffer assembly 6) disposed between a first main body (Fig 1 body 2) and a second main body (Fig 1 cover 3), the second main body connecting to the first main body and capable of rotating relative to the first main body (Fig 1; paragraph [0028]), the cushioning mechanism comprising:
a cushioning part (Fig 4 elastic member 603, embodied as a spring);
a first cushioning member disposed on the first main body (Fig 4 sleeve 601);
a second cushioning member disposed on the second main body (Fig 4 sleeve rod 602);
wherein, the second cushioning member is capable of rotating together with the second main body in a circular motion relative to the first cushioning member (Figs 1 and 4);
during movement of the second cushioning member, the cushioning part cooperates with the first cushioning member or the second cushioning member to resist the movement velocity of the second cushioning member (paragraph [0034] and Fig 4).
Regarding claim 4, Huang further discloses that the second cushioning member is an arc-shaped solid piece (Fig 4 second cushioning member 602 is an arc-shaped rod) and the first cushioning member is an arc- shaped hollow tube corresponding to the second cushioning member (Fig 4 first cushioning member 601 is a sleeve corresponding to 602);
a first end of the first cushioning member has an opening for allowing one end of the second cushioning member to insert inside (Fig 4 first end of 601 has opening for 602; paragraph [0010]), a second end of the first cushioning member is closed (Fig 1), when the second cushioning member moves relative to the first cushioning member in a concentric circular motion, the second cushioning member slides inside the hollow first cushioning member along a length of the first cushioning member (Figs 1, 2 and 4);
the cushioning part is disposed inside the hollow first cushioning member (Fig 4, cushioning part 603 inside 601), when the second cushioning member moves relative to the first cushioning member, the cushioning part applies an opposite acting force to the second cushioning member so as to resist the movement velocity of the second cushioning member (Fig 4; paragraph [0034]).
Regarding claim 8, Huang further discloses that the cushioning part is a spring disposed inside the hollow first cushioning member (Fig 4, cushioning part 603 shown as a spring inside of 601) and touching the second end of the first cushioning member (Fig 4, cushioning part/spring 603 implicitly touches second end of 601 opposite the opening for 602 in order to provide the elastic force against plate 604 of 602).
Regarding claim 11, Huang further discloses that the one end of the second cushioning member is located inside the first cushioning member when the second main body is in an open state relative to the first main body (Fig 1, when second main body 3 is open relative to first main body 2, one end of 602 is located inside 601).
Claim(s) 1, 2, 6, and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN 11297152 A by Huang (hereinafter “Huang”).
Note that these claim rejections use a different interpretation of Huang. Both of the terms “first main body” and “second main body” are broad terms which have not been given a clear definition and so are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art (MPEP 2173.01 I). Therefore, both the interpretation of Huang in the rejections above and that given below are considered to be reasonable interpretations that anticipate the limitations of the claims.
Regarding claim 1, Huang discloses a cushioning mechanism (Fig 1 buffer assembly 6) disposed between a first main body (Fig 1 cover 3) and a second main body (Fig 1 body 2), the second main body connecting to the first main body and capable of rotating relative to the first main body (Fig 1; paragraph [0028], cover and body rotate relative to each other), the cushioning mechanism comprising:
a cushioning part (Fig 4 elastic member 603, embodied as a spring);
a first cushioning member disposed on the first main body (Figs 2-4 sleeve rod 602 on first main body 3);
a second cushioning member disposed on the second main body (Figs 2-4 sleeve 601 on second main body 2);
wherein, the second cushioning member is capable of rotating together with the second main body in a circular motion relative to the first cushioning member (Figs 1 and 4);
during movement of the second cushioning member, the cushioning part cooperates with the first cushioning member or the second cushioning member to resist the movement velocity of the second cushioning member (paragraph [0034]).
Regarding claim 2, Huang further discloses that the first cushioning member is an arc-shaped solid piece (Fig 4 first cushioning member 602 is an arc-shaped rod) and the second cushioning member is an arc- shaped hollow tube corresponding to the second cushioning member (Fig 4 second cushioning member 601 is a sleeve corresponding to 602);
a first end of the second cushioning member has an opening for allowing one end of the first cushioning member to insert inside (Fig 4 first end of 601 has opening for 602; paragraph [0010]), a second end of the second cushioning member is closed (Fig 1), when the second cushioning member moves relative to the first cushioning member in a concentric circular motion, the first cushioning member slides inside the hollow second cushioning member along a length of the first cushioning member (Figs 1, 2 and 4);
the cushioning part is disposed inside the hollow second cushioning member (Fig 4, cushioning part 603 inside 601), when the second cushioning member moves to engulf the first cushioning member, the one end of the first cushioning member applies an opposite acting force to the second cushioning member so as to resist the movement velocity of the second cushioning member (Fig 4; paragraph [0034]).
Regarding claim 6, Huang further discloses that the cushioning part is a spring disposed inside the hollow second cushioning member (Fig 4, cushioning part 603 shown as a spring inside of 601) and touching the second end of the second cushioning member (Fig 4, cushioning part/spring 603 implicitly touches second end of 601 opposite the opening for 602 in order to provide the elastic force against plate 604 of 602).
Regarding claim 10, Huang further discloses that the one end of the first cushioning member is located inside the second cushioning member when the second main body is in an open state relative to the first main body (Fig 1, when second main body 2 is open relative to first main body 3, one end of 602 is located inside 601).
Claim(s) 1, 12, and 14-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN 111920290 A by Xing et al (hereinafter “Xing”).
Regarding claim 1, Xing discloses a cushioning mechanism (Fig 2, shown as arc-shaped cylinder 110 and arc-shaped rod 111, also shown in Fig 4) disposed between a first main body (Fig 2 pot body 11) and a second main body (Fig 1 pot lid 12), the second main body connecting to the first main body and capable of rotating relative to the first main body (Fig 2; paragraph [0017]), the cushioning mechanism comprising:
a cushioning part (Fig 4 spring 114);
a first cushioning member disposed on the first main body (Fig 2 and Fig 4, arc-shaped cylinder 110);
a second cushioning member disposed on the second main body (Fig 2 and Fig 4, arc-shaped rod 111);
wherein, the second cushioning member is capable of rotating together with the second main body in a circular motion relative to the first cushioning member (Figs 2 and 4);
during movement of the second cushioning member, the cushioning part cooperates with the first cushioning member or the second cushioning member to resist the movement velocity of the second cushioning member (Fig 4).
Regarding claim 12, Xing discloses an oven (Abstract, rice cooker) having the cushioning mechanism of claim 1 (see claim 1 rejection above), comprising an inner cover (Fig 2 pot body 11) and an outer cover (Fig 1 pot lid 12), wherein the first main body is the inner cover of the oven and the second main body is the outer cover of the oven.
Regarding claim 14, Xing discloses the oven of claim 12, wherein the first cushioning member is attached to the inner cover through a plurality of fixing seats disposed at intervals (Fig 2, first cushioning member 110 attached to inner cover 11 through at least two fixing points, see also Examiner Annotated Figure A below), the second cushioning member is attached to the outer cover through the fixing seat connected to a second end of the second cushioning member (Figs 2 and 4, second cushioning member 111 attached to outer cover 12 at hinge head 112).
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Examiner Annotated Figure A, from Figure 2 of Xing, showing 110 connected to 11 at two fixing seats
Regarding claim 15, Xing discloses the oven of claim 12 (see claim 12 rejection above), wherein the first cushioning member and the second cushioning member are correspondingly disposed on an outer surface of the inner cover and an outer surface of the outer cover, respectively (Fig 2, first cushioning member 110 is on outer surface of inner cover 11 and second cushioning member 111 is on outer surface outer cover 12).
Claim(s) 1, 12, and 13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN 111920290 A by Xing et al (hereinafter “Xing”).
Note that these claim rejections use a different interpretation of Xing. The terms “first main body” and “second main body”, as well as “outer cover” and “inner cover” are broad terms which have not been given a clear definition and so are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art (MPEP 2173.01 I). Therefore, both the interpretation of Huang in the rejection above and that given below are considered to be reasonable interpretations that anticipate the limitations of the claims.
Regarding claim 1, Xing discloses a cushioning mechanism (Fig 2, shown as arc-shaped cylinder 110 and arc-shaped rod 111, also shown in Fig 4) disposed between a first main body (Fig 2 pot lid 12) and a second main body (Fig 1 pot body 11), the second main body connecting to the first main body and capable of rotating relative to the first main body (Fig 2; paragraph [0017]), the cushioning mechanism comprising:
a cushioning part (Fig 4 spring 114);
a first cushioning member disposed on the first main body (Fig 2 and Fig 4, arc-shaped rod 111);
a second cushioning member disposed on the second main body (Fig 2 and Fig 4, arc-shaped cylinder 110);
wherein, the second cushioning member is capable of rotating together with the second main body in a circular motion relative to the first cushioning member (Figs 2 and 4);
during movement of the second cushioning member, the cushioning part cooperates with the first cushioning member or the second cushioning member to resist the movement velocity of the second cushioning member (Fig 4).
Regarding claim 12, Xing discloses an oven (Abstract, rice cooker) having the cushioning mechanism of claim 1 (see claim 1 rejection above), comprising an inner cover (Fig 2 pot lid 12) and an outer cover (Fig 1 pot body 11), wherein the first main body is the inner cover of the oven and the second main body is the outer cover of the oven.
Regarding claim 13, Xing discloses the oven of claim 12, wherein the first cushioning member is attached to the inner cover through a fixing seat which is connected to a second end of the first cushioning member (Figs 2 and 4, first cushioning member 111 attached to outer cover 12 through hinge head 112); the second cushioning member is attached to the outer cover through a plurality of fixing seats disposed at intervals (Figs 2 and 4, first cushioning member 110 attached to outer cover 11 through at least two fixing points, see also Examiner Annotated Figure A).
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(s) 3, 5, 7, and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Huang in view of US 2014/0345082 by Collene et al (hereinafter “Collene”).
Regarding claim 3, the second interpretation of Huang discussed above teaches the cushioning mechanism of claim 1, including a first main body (cover 3), a second main body (body 2), a cushioning part (Fig 4 elastic member/spring 603), a first cushioning member (sleeve rod 602), and a second cushioning member (sleeve 601). See details in the second claim 1 rejection above.
Huang further teaches that the first cushioning member is an arc-shaped solid piece (Fig 4 first cushioning member 602 is an arc-shaped rod) and the second cushioning member is an arc-shaped hollow tube corresponding to the first cushioning member (Fig 4 second cushioning member 601 is a sleeve); a first end of the second cushioning member has an opening for allowing one end of the first cushioning member to insert inside (Fig 4 first end of 601 has opening for 602; paragraph [0010]), when the second cushioning member moves relative to the first cushioning member in a concentric circular motion, the first cushioning member slides inside the hollow second cushioning member along a length of the first cushioning member (Figs 1, 2 and 4); and when the second cushioning member moves relative to the first cushioning member, the cushioning part applies an opposite acting force to the second cushioning member so as to resist the movement velocity of the second cushioning member (Fig 4; paragraph [0034]).
But Huang does not teach that the cushioning part is sleeved on the first cushioning member. The cushioning part taught by Huang is located inside of the hollow second cushioning member.
However, Collene teaches a hinge mechanism, which may be used with a lid of a household appliance, the hinge mechanism having a cushioning or dampening spring which cushions the closing movement of the appliance lid (Abstract, Fig 1; see also paragraph [0026]). Collene teaches that the hinge mechanism comprises a hollow base portion analogous to the second cushioning member of Huang (Fig 2 base 12 is hollow, having channel 14 formed within walls 12a-12d) and a solid rod portion analogous to the first cushioning member of Huang (Fig 4 spring rod 42) and the spring is sleeved on the solid rod portion outside of the hollow base portion (Figs 3-4). Collene teaches that, upon closing of the lid, the solid rod portion slides inside the hollow base portion and the spring is compressed between the hollow base portion and a supporting end of the solid rod portion (Fig 3 outer end 42a of rod 42), and this compression of the spring cushions, or dampens the closing movement of the lid (paragraph [0026]).
Therefore, it would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to modify the cushioning mechanism of Huang by positioning the cushioning part on the first cushioning member outside of the second cushioning member instead of inside the second cushioning member, since Collene teaches that a cushioning spring sleeved on a rod outside of the hollow portion and compressed between a support portion and the hollow tube portion would produce a predictable and equally desirable result. It has been held (In re Japikse, 181 F.2d 1019, 86 USPQ 70) that mere rearrangement of parts has no patentable significance unless a new and unexpected result is produced (MPEP 2144.04 VI-C). Please note that in the instant application, the Applicant has not disclosed any criticality for the claimed limitation.
Regarding claim 7, Huang, as modified by Collene, teaches the cushioning mechanism of claim 3. See details in parent claim 3 rejection above, including the motivation for a person of ordinary skill to modify. Huang further teaches that the first cushioning member is connected to the first main body through a fixing seat (Fig 4 first cushioning member 602 connected to first main body 3 through rotation assembly 7, including 702 which is fixed to first main body 3). Huang, as modified by Collene, teaches that the spring may be sleeved on the solid first cushioning member outside of the hollow second cushioning member and compressed between a support portion and the hollow tube portion.
It would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention, having modified the cushioning mechanism of Huang by positioning the cushioning part on the first cushioning member, that the cushioning part would touch the fixing seat, in order for the cushioning part to be compressed between the second cushioning member and the fixing seat when the first cushioning member and the second cushioning member move relative to each other, thus resulting in the invention as claimed.
Regarding claim 5, the first interpretation of Huang discussed above teaches the cushioning mechanism of claim 1, including a first main body (body 2), a second main body (cover 3), a cushioning part (Fig 4 elastic member/spring 603), a first cushioning member (sleeve 601), and a second cushioning member (sleeve rod 602). See details in the first claim 1 rejection above.
Huang further teaches that the second cushioning member is an arc-shaped solid piece (Fig 4 second cushioning member 602 is an arc-shaped rod) and the first cushioning member is an arc-shaped hollow tube corresponding to the second cushioning member (Fig 4 first cushioning member 601 is a sleeve); a first end of the first cushioning member has an opening for allowing one end of the second cushioning member to insert inside (Fig 4 first end of 601 has opening for 602; paragraph [0010]), when the second cushioning member moves relative to the first cushioning member in a concentric circular motion, the second cushioning member slides inside the hollow first cushioning member along a length of the first cushioning member (Figs 1, 2 and 4); and when the second cushioning member moves relative to the first cushioning member, the cushioning part applies an opposite acting force to the second cushioning member so as to resist the movement velocity of the second cushioning member (Fig 4; paragraph [0034]).
But Huang does not teach that the cushioning part is sleeved on the second cushioning member. The cushioning part taught by Huang is located inside of the hollow first cushioning member.
However, Collene teaches a hinge mechanism, which may be used with a lid of a household appliance, the hinge mechanism having a cushioning or dampening spring which cushions the closing movement of the appliance lid (Abstract, Fig 1; see also paragraph [0026]). Collene teaches that the hinge mechanism comprises a hollow base portion analogous to the first cushioning member of Huang (Fig 2 base 12 is hollow, having channel 14 formed within walls 12a-12d) and a solid rod portion analogous to the second cushioning member of Huang (Fig 4 spring rod 42) and the spring is sleeved on the solid rod portion outside of the hollow base portion (Figs 3-4). Collene teaches that, upon closing of the lid, the solid rod portion slides inside the hollow base portion and the spring is compressed between the hollow base portion and a supporting end of the solid rod portion (Fig 3 outer end 42a of rod 42), and this compression of the spring cushions, or dampens the closing movement of the lid (paragraph [0026]).
Therefore, it would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to modify the cushioning mechanism of Huang by positioning the cushioning part on the second cushioning member outside of the first cushioning member instead of inside the first cushioning member, since Collene teaches that a cushioning spring sleeved on a rod outside of the hollow portion and compressed between a support portion and the hollow tube portion would produce a predictable and equally desirable result. It has been held (In re Japikse, 181 F.2d 1019, 86 USPQ 70) that mere rearrangement of parts has no patentable significance unless a new and unexpected result is produced (MPEP 2144.04 VI-C). Please note that in the instant application, the Applicant has not disclosed any criticality for the claimed limitation.
Regarding claim 9, Huang, as modified by Collene, teaches the cushioning mechanism of claim 5. See details in parent claim 5 rejection above, including the motivation for a person of ordinary skill to modify. Huang further teaches that the second cushioning member is connected to the second main body through a fixing seat (Fig 4 second cushioning member 602 connected to second main body 3 through rotation assembly 7, including 702 which is fixed to first main body 3). Huang, as modified by Collene, teaches that the spring may be sleeved on the solid second cushioning member outside of the hollow first cushioning member and compressed between a support portion and the hollow tube portion.
It would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention, having modified the cushioning mechanism of Huang by positioning the cushioning part on the second cushioning member, that the cushioning part would touch the fixing seat, in order for the cushioning part to be compressed between the second cushioning member and the fixing seat when the first cushioning member and the second cushioning member move relative to each other, thus resulting in the invention as claimed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20050081721 by Craycraft et al discloses a cooking appliance having a hinge connecting the lid, the hinge having a spring to counterbalance the heavy weight of the lid.
US 3,059,632 to Rogers discloses a stove with a hinged lid, the hinge having a spring to dampen the movement of the lid as it closes.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Amy E Carter whose telephone number is (703)756-5894. The examiner can normally be reached Monday-Friday 8:00 AM - 5:00 PM.
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/AMY E CARTER/Examiner, Art Unit 3762
/Allen R. B. Schult/Primary Examiner, Art Unit 3762