DETAILED ACTION
This is the first office action for US Application 18/390,466 for a Movement Assist Device Aid.
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.
Claim(s) 13 and 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 4,878,642 to Kirby, Jr. Regarding claim 13, Kirby Jr. discloses a movement assist device aid comprising a mount assembly including a shaft (14) that comprises a housing (22) and flexible arms (12), and an attachment assembly (30, 32, 34) configured to be removably attached to the mount assembly. The flexible arms are configured to secure the movement assist device aid to a movement assist device. Regarding claim 18, the attachment assembly is a cup holder (34… see figure 1).
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) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kirby, Jr. in view of US 2024/0004424 to Wickersham. Kirby, Jr. does not disclose the mount assembly as including first and second magnets configured to magnetically engage with each other to secure the attachment assembly to the mount assembly. However, Kirby, Jr. discloses the attachment assembly and the mount assembly engaged by a bolt and nut arrangement (24, 28). Wickersham provides a teaching that nuts and bolts and magnets connected to other magnets are functional equivalents in cup holder assemblies (see paragraph 0031). It would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to have substituted connected magnets for the nut and bolt arrangement of Kirby, Jr., to provide a means for quickly connecting the attachment assembly and mount assembly as taught by Wickersham.
Allowable Subject Matter
Claims 1-12 are allowed. Claims 14-17, and 20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 2021/0106491 to Johnson
US 2015/0001359 to Catchings
US 20200017279 to Quinn
US 12075894 to Reagen
US 6409131 to Bentley
US 11547230 to Hsu Besner
US 5356107 to Sinohuiz
US 6802484 to Kiley
US 5803327 to Nipper
US 11617703 to Johnson
The above prior art discloses various cup holders and movement assistance aids.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVEN M MARSH whose telephone number is (571)272-6819. The examiner can normally be reached Mon-Thurs 9 am-7:30 pm.
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, Terrell McKinnon can be reached at 571-272-4797. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
STEVEN M. MARSH
Primary Examiner
Art Unit 3632
/STEVEN M MARSH/Primary Examiner, Art Unit 3632