DETAILED ACTION
This is a final Office action in response to the amendment filed 01/22/2026.
Status of Claims
Claims 1-3 and 5-16 are pending;
Claims 1-3 and 5-14 are currently amended; claim 4 has been cancelled; claims 15 and 16 are new;
Claims 1-3 and 5-16 are rejected herein.
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 .
Response to Arguments
Applicant's arguments with respect to the prior art rejections presented in the Office action mailed 01/14/2026 have been fully considered but are moot in view of the new grounds of rejection set forth below in the current Office action. Note that the new grounds of rejection are necessitated by Applicant's amendments to the claims.
Drawings
The replacement drawings filed 01/22/2026 are objected to because of the following informalities:
Figure 4 – "134 / 138" on the left side of Figure 4 should be --130 / 132--.
Figure 4 – "130 / 132" on the left side of Figure 4 should be --134 / 138--.
Figure 4 – "130 / 132" on the right side of Figure 4 should be --134 / 138--.
Figure 4 – "134 / 138" on the right side of Figure 4 should be --130 / 132--.
Figure 7 – "110" on the left side of Figure 7 should be --116--.
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 feature(s) "further comprising a pivot combining the platform to each of the first panel and the second panel so that the first panel and the second panel pivot with respect to the platform" (claim 7, lines 1-5) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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 feature(s) "further comprising a cooperating locking pin and a locking hole to lock each of the first panel and the second panel to the platform in the first position" (claim 8, lines 1-5) 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.
Specification
The amendments to the specification filed 01/22/2026 are accepted by the Examiner.
Claim Objections
Claims 1-3 and 5-15 are objected to because of the following informalities:
Claim 1, line 1, it is recommended that "the stand" be changed to --the fire extinguisher stand-- for consistency.
Claim 1, line 8, it is recommended that the limitations in line 8 be further indented with respect to the limitations in line 5, since the limitations in lines 8-10 appear to be directed to details of the platform in line 5.
Claim 1, line 11, it is recommended that the limitations in line 11 be further indented with respect to the limitations in line 5, since the limitations in lines 11-14 appear to be directed to details of the platform in line 5.
Claim 1, line 14, it is recommended that "the stand" be changed to --the fire extinguisher stand-- for consistency.
Claim 1, line 17, "bear" appears to be --bears--.
Claims 2, 3, and 5-14, line 1, it is recommended that "The stand" be changed to --The fire extinguisher stand-- for consistency.
Claim 7, line 5, the term "pivot" claims actual movement and should be functionally recited as --are configured to pivot-- or the like.
Claim 9, line 4, "of one part" appears to be --a first part--.
Claim 9, line 4, "are" appears to be --is--.
Claim 9, line 5, "the other part" appears to be --a second part--.
Claim 9, lines 6 and 7, "the front surface of each of the first panel and the second panel face the same direction" appears to be --the front surface of the first panel and the front surface of the second panel face a common direction--.
Claim 15, line 3, "fire extinguisher" appears to be --a fire extinguisher--.
Appropriate correction is required.
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 7 and 8 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.
Regarding claim 7, there is no support in the original disclosure of the present application for the following limitations in the claim: "further comprising a pivot combining the platform to each of the first panel and the second panel so that the first panel and the second panel pivot with respect to the platform" (claim 7, lines 1-5). As best understood, the original disclosure of the present application does not disclose a pivot, i.e., one pivot, that combines the platform (104) to each of the first panel (102) and the second panel (102). In other words, there is not one pivot that combines the platform to the first panel and further combines the platform to the second panel. Instead, the first panel is pivotally coupled to the platform via a first pivot (132) defined by the platform and the second panel is pivotally coupled to the platform via a second pivot (132) defined by the platform. In other words, according to the original disclosure of the present application, at least two pivots are required to couple the platform to the first panel and the second panel. Therefore, the limitations "further comprising a pivot combining the platform to each of the first panel and the second panel so that the first panel and the second panel pivot with respect to the platform" (claim 7, lines 1-5) are considered as new matter. Appropriate correction is required.
Regarding claim 8, there is no support in the original disclosure of the present application for the following limitations in the claim: "further comprising a cooperating locking pin and a locking hole to lock each of the first panel and the second panel to the platform in the first position" (claim 8, lines 1-5). As best understood, the original disclosure of the present application does not disclose a cooperating locking pin, i.e., one cooperating locking pin, and a locking hole, i.e., one locking hole, that lock each of the first panel (102) and the second panel (102) to the platform (104) in the first position. In other words, there is not one cooperating locking pin and one locking hole that lock the first panel to the platform in the first position and further lock the second panel to the platform in the first position. Instead, the first panel is locked to the platform in the first position via a first cooperating locking pin (134) defined by the first panel and a first locking hole (138) defined by the platform and the second panel is locked to the platform in the first position via a second cooperating locking pin (134) defined by the second panel and a second locking hole (138) defined by the platform. In other words, according to the original disclosure of the present application, at least two cooperating locking pins and at least two locking holes are required to lock the first panel and the second panel to the platform in the first position. Therefore, the limitations "further comprising a cooperating locking pin and a locking hole to lock each of the first panel and the second panel to the platform in the first position" (claim 8, lines 1-5) are considered as new matter. Appropriate correction is required.
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 1-3 and 5-16 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 1-3 and 5-16 are replete with indefinite limitations. As such, the indefinite limitations identified and discussed below are merely exemplary and are not exhaustive. It is requested that Applicant proofread all claims and amend wherever applicable.
Regarding claim 1, the limitations "with an upper end of each of the first panel and the second panel proximate each other" in lines 8 and 9 are indefinite. It is not clear as to how an upper end, i.e., one upper end, of each of the first panel and the second panel can be reasonably "proximate each other" as claimed. As best understood, the language "proximate each other" appears to be used with two or more things. For example, an upper end of the first panel and an upper end of the second panel are "proximate each other." In the instant case, the language "an upper end of each of the first panel and the second panel" merely refers to an upper end of each individual panel (i.e., each of the first panel and the second panel), not a combination of the upper end of the first panel and the upper end of the second panel. Applicant may consider changing the limitations "with an upper end of each of the first panel and the second panel proximate each other" in lines 8 and 9 to --with an upper end of the first panel and an upper end of the second panel proximate each other-- or the like. Appropriate correction is required.
Regarding claim 1, the limitations "and a lower end of each of the first panel and the second panel positioned apart from each other" in lines 9 and 10 are indefinite. It is not clear as to how a lower end, i.e., one lower end, of each of the first panel and the second panel can be reasonably "apart from each other" as claimed. As best understood, the language "apart from each other" appears to be used with two or more things. For example, a lower end of the first panel and a lower end of the second panel are positioned "apart from each other." In the instant case, the language "a lower end of each of the first panel and the second panel" merely refers to a lower end of each individual panel (i.e., each of the first panel and the second panel), not a combination of the lower end of the first panel and the lower end of the second panel. Applicant may consider changing the limitations "and a lower end of each of the first panel and the second panel positioned apart from each other" in lines 9 and 10 to --and a lower end of the first panel and a lower end of the second panel positioned apart from each other-- or the like. Similar rejection applies to the limitations "with the upper end of each of the first panel and the second panel apart from each other" in claim 1 (lines 11 and 12), the limitations "with each upper end of the respective first panel and the second panel positioned end to end with respect to each other" in claim 2 (lines 2 and 3), the limitations "with the upper end of each of the first panel and the second panel positioned end to end with respect to each other" in claim 6 (lines 6 and 7), and also the limitations in each of claims 6-12 and 14 when the language "each of" is mentioned. Appropriate correction is required.
Regarding claim 1, the limitations "and the lower end of each of the first panel and the second panel pivoted towards each other" in lines 12 and 13 are indefinite. It is not clear as to how a lower end, i.e., one lower end, of each of the first panel and the second panel can be reasonably pivoted "towards each other" as claimed. As best understood, the language "towards each other" appears to be used with two or more things. For example, the lower end of the first panel and the lower end of the second panel are pivoted "towards each other." In the instant case, the language "the lower end of each of the first panel and the second panel" merely refers to a lower end of each individual panel (i.e., each of the first panel and the second panel), not a combination of the lower end of the first panel and the lower end of the second panel. Applicant may consider changing the limitations "and the lower end of each of the first panel and the second panel pivoted towards each other" in lines 12 and 13 to --and the lower end of the first panel and the lower end of the second panel pivoted towards each other-- or the like. Appropriate correction is required.
Regarding claim 1, the limitations "so that the upper end of each of the first panel and the second panel bear[s] against the fire extinguisher" in the body of claim 1 (lines 16 and 17) positively recite the "fire extinguisher" as a required structure within the scope of claim 1, since the language "bear[s] against" introduces positive recitation(s) thereafter. However, the "fire extinguisher" is functionally recited in the preamble of claim 1, "[a] fire extinguisher stand for a fire extinguisher" (claim 1, line 1), as a functional element that is not a required structure within the scope of claim 1. As such, the positive recitation of the "fire extinguisher" in the body of claim 1, following the functional recitation of the "fire extinguisher" in the preamble of claim 1, renders the scope of claim 1 indefinite. It is not clear as to whether claim 1 is directed to a combination of the "fire extinguisher stand" and the "fire extinguisher" or directed to a subcombination of the "fire extinguisher stand" adapted to be used with the "fire extinguisher." Applicant is advised to clearly claim the combination in claim 1 or properly place the "fire extinguisher" in intended use throughout the claim. For the purpose of examination, based on the functional recitation of the "fire extinguisher" in the preamble of claim 1, claim 1 is considered to be directed to a subcombination of the "fire extinguisher stand" adapted to be used with the "fire extinguisher." As such, any recitation of the "fire extinguisher" is considered to be functional or intended use. Similar rejection and similar interpretation apply to the limitations "such that removable of the first extinguisher cases the first panel and the second panel to collapse to the first position" in claim 5 (lines 2 and 3). Appropriate correction is required.
Regarding claim 3, the limitations "further comprising a carrying handle positioned at the lower end of one of the first panel and the second panel" in lines 1-3 are indefinite. The plain meaning of the claim limitation "one of A and B" is the conjunctive unless the record indicates otherwise (i.e., the plain meaning of this claim limitation is "one of A and at least one of B"). SuperGuide Corp. v. DirecTV Enterprises, Inc., 358 F.3d 870 (Fed. Cir. 2004). In the instant case, the limitations "further comprising a carrying handle positioned at the lower end of one of the first panel and the second panel" in lines 1-3 appear to mean --further comprising a carrying handle positioned at the lower end of one of the first panel and one of the second panel--. It is not clear as to how many carrying handles in total are required by claim 3. Does claim 3 mean --further comprising a first carrying handle positioned at the lower end of the first panel and a second carrying handle positioned at the lower end of the second panel-- or --further comprising a carrying handle positioned either at the lower end of the first panel or at the lower end of the second panel--? Appropriate correction is required.
Regarding claim 9, the limitation "the two side walls of the first panel and the second panel" in lines 3 and 4 is indefinite. Based on the limitations in claim 9 (lines 1 and 2), each of the first panel and the second panel comprises two side walls. As such, it is not clear as to whose two sides (i.e., the two sides of the first panel or the two sides of the second panel) the limitation "the two side walls of the first panel and the second panel" in lines 3 and 4 refers to. Does Applicant intend to mean --the two side walls of each of the first panel and the second panel--? Similar rejection applies to the limitations in claim 11. Appropriate correction is required.
Regarding claim 9, the limitations "the top surface of the first panel and the second panel face outward and away from each other" in lines 7-9 are indefinite. Firstly, there is insufficient antecedent basis for the limitation "the top surface" (lines 7 and 8) in the claim. Secondly, it is not clear as to how the top surface of the first panel and the second panel face outward. How does the second panel face outward? What does it mean? Also, it makes no sense to state the top surface of the first panel and the top surface of the second panel face outward and away from each other either. As clearly shown in the drawings, the top surface (104) of the first panel and the top surface (104), at least in the first position, appear to face inward and toward each other. It is requested that Applicant explain how the instant limitations at issue make any logical sense. Appropriate correction is required.
Regarding claim 10, there is insufficient antecedent basis for the limitation "the receiving hole" (lines 2 and 3) in the claim. Appropriate correction is required.
Regarding claim 10, there is insufficient antecedent basis for the limitation "the pivot" (line 4) in the claim. Appropriate correction is required.
Regarding claim 13, there is insufficient antecedent basis for the limitation "the two sidewalls" (claim 13, line 3) in the claim. Appropriate correction is required.
Regarding claim 14, the limitations "further comprising a notch in the lower end of each of the first panel and the second panel with a handle strap positioned therein" in lines 1-3 are indefinite. It is not clear as to how a notch, i.e., one notch, can possibly be in the lower end of each of the first panel and the second panel as claimed, i.e., one notch in the first panel and the same one notch also in the second panel. Do the instant limitations mean --further comprising a first notch in the lower end of the first panel with a first handle strap positioned therein and a second notch in the lower end of the second panel with a second handle strap positioned therein-- or the like? Appropriate correction is required.
Regarding claim 15, the indefinite limitations of claim 1 are similarly recited in claim 15. As such, claim 15 is similarly rejected for the reasons of rejections of claim 1 set forth above in the current Office action. Appropriate correction is required.
Regarding claim 16, the indefinite limitations of claim 1 are similarly recited in claim 16. As such, claim 16 is similarly rejected for the reasons of rejections of claim 1 set forth above in the current Office action. Appropriate correction is required.
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 1-3, 5, 9-12, and 16, as best understood, are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Amstutz (US 1,751,677).
Regarding claim 1, Applicant is reminded that, as previously discussed under 35 U.S.C. 112(b) above, the "fire extinguisher" is considered as a functional element that is not a required structure within the scope of claim 1. As such, any recitation directed to the "fire extinguisher" is considered to be functional or intended use.
Amstutz discloses a fire extinguisher stand (1, 2, 3, 4, 5, 9, fig 10) for a fire extinguisher (see Figures 10 and 11, the fire extinguisher stand 1, 2, 3, 4, 5, 9 is capable of being used with a fire extinguisher), the stand comprising: a first panel (29a, fig 10, see annotation, a combination of the left folding end member 2 and the left channel 9); a second panel (29b, fig 10, see annotation, a combination the right folding end member 2 and the right channel 9); a platform (1, fig 10) hinged at an intermediate portion of each of the first panel and the second panel (see Figures 10 and 11) such that the first panel and the second panel are configured for moving between: a first position (see Figure 11, when the first panel 29a, the second panels 29b, and the back 3 are completely folded, also see Figure 2) with an upper end (9, fig 10) of each of the first panel and the second panel proximate each other (see Figures 2 and 11), and a lower end (7, fig 10) of each of the first panel and the second panel positioned apart from each other (see Figures 2 and 11); a second position (see Figure 11, when the back 3 is completely folded and when the first panel 29a and the second 29b are half folded to bear against a fire extinguisher, a book, or any other item therebetween and placed on the platform 1) with the platform level and with the upper end of each of the first panel and the second panel apart from each other and the lower end of each of the first panel and the second panel pivoted towards each other for positioning the stand in an upright position (see Figure 11); and wherein the first panel and the second panel are configured to be held in the second position by placement of the fire extinguisher on the platform so that the upper end of each of the first panel and the second panel bear against the first extinguisher (see Figure 11, the first panel 29a and the second panel 29b have the configuration to perform the above intended use, e.g., when the back 3 is completely folded and when the first panel 29a and the second 29b are half folded, the upper end 9 of each of the first panel 29a and the second panel 29b is configured for and is capable of bearing against a fire extinguisher therebetween and placed on the platform 1).
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Regarding claim 2, wherein in the first position the first panel and the second panel lie flat with each upper end of the respective first panel and the second panel positioned end to end with respect to each other (see Figures 2 and 11).
Regarding claim 3, the stand and further comprising a carrying handle (8a, 8b, fig 10, see annotation, the carrying handle 8a protruding from the lower end 7 of the first panel 29a and the carrying handle 8b protruding from the lower end 7 of the second panel 29b, both the carrying handles 8a, 8b are capable of being used for handling and carrying) positioned at the lower end of one of the first panel and the second panel (see Figure 10).
Regarding claim 5, Applicant is reminded that, as previously discussed under 35 U.S.C. 112(b) above, the "fire extinguisher" is considered as a functional element that is not a required structure within the scope of claim 5.
Amstutz discloses the stand, wherein in the second position, the first panel and the second panel are configured such that removal of the fire extinguisher causes the first panel and the second panel to collapse to the first position (see Figures 10 and 11, the first panel 29a and the second panel 29b have the configuration to perform the above intended use, e.g., configured to be collapsed by the removal of a fire extinguisher placed therebetween).
Regarding claim 9, wherein the first panel and the second panel each comprise a front surface (21a, 21b, fig 11, see annotation, the outer surface 21a of the first panel 29a and the outer surface 21b of the second panel 29b) and two side walls (2a, 2b, figs 10 and 11, the indented side walls 2a of the first panel 29a for the left hinges 4 and the indented side walls 2b of the second panel 29b for the right hinges 4), wherein the two side walls of the first panel and the second panel each comprise of one part (4a, fig 11, see annotation, one hinge plate of the hinge 4) of a pivot and receiving hole combination (4, fig 11) that are engaged in the other part (4b, fig 11, see annotation, the other hinge plate of the hinge 4 with the pivot pin, see page 1, lines 85-96) of the pivot and receiving hole combination on the platform (see Figures 10 and 11); and wherein in the first position the front surface of each of the first panel and the second panel face the same direction and the top surface of the first panel and the second panel face outward and away from each other (see Figures 2 and 11).
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Regarding claim 10, wherein the receiving hole (see Figure 11, the screw receiving hole on the one part 4a, i.e., the one hinge plate of the hinge 4) is positioned on the two side walls of each of the first panel and the second panel (see Figures 10 and 11), and the pivot (see Figure 11, see page 1, lines 85-96, the pivot pin of the hinge 4) is formed on each corner of the platform (see Figures 10 and 11).
Regarding claim 11, wherein the two side walls of the first panel and the second panel each comprise one part (see Figures 10 and 11, the screws on the two side walls 2a, 2b received within the screw holes on the two side walls 2a, 2b that allow the hinges 4 to attach to the first panel 29a and the second panel 29b) of a locking pin and a locking hole combination (see Figures 10 and 11, the screws on the two side walls 2a, 2b received within the screw holes on the two side walls 2a, 2b that allow the hinges 4 to attach to the first panel 29a and the second panel 29b, and, the screw holes on the platform 1 that allow the hinges 4 to attach to the first panel 29a, the second panel 29b, and the platform 1) that are engagable in the other part (see Figures 10 and 11, the screw holes on the platform 1 that allow the hinges 4 to attach to the first panel 29a, the second panel 29b, and the platform 1) of the locking pin and the locking hole combination on the platform (see Figures 10 and 11, engageable at least via the hinges 4 and the screws); and wherein the combination of the locking pin and the locking hole hold the first panel and the second panel in the first position (see Figures 10 and 11).
Regarding claim 12, wherein the locking pin is positioned on each of the two side walls of each panel and are engagable in the corresponding locking hole positioned on the platform (see Figures 10 and 11, engageable at least via the hinges 4 and the screws).
Regarding claim 16, Amstutz discloses a method comprising: providing a fire extinguisher (3, fig 10, the back 3 can be folded to press against and extinguish a weak fire on a match placed on the platform 1 and therefore is reasonably considered as a fire extinguisher); providing a fire extinguisher stand (1, 2, 4, 9, fig 10) comprising a first panel (29a, fig 10, see annotation, a combination of the left folding end member 2 and the left channel 9), a second panel (29b, fig 10, see annotation, a combination the right folding end member 2 and the right channel 9), and a platform (1, fig 10) hinged at an intermediate portion of each of the first panel and the second panel (see Figures 10 and 11); moving the fire extinguisher stand to a first position (see Figure 11, when the first panel 29a, the second panels 29b, and the fire extinguisher 3 are completely folded, also see Figure 2) with an upper end (9, fig 10) of each of the first panel and the second panel proximate each other (see Figures 2 and 11), and a lower end (7, fig 10) of each of the first panel and the second panel positioned apart from each other (see Figures 2 and 11); positioning the stand in an upright position (see Figure 10, when the first panel 29a, the second panels 29b, and the fire extinguisher 3 are unfolded, also see Figure 11) with the platform level and with the upper end of each of the first panel and the second panel apart from each other and the lower end of each of the first panel and the second panel pivoted towards each other (see Figures 10 and 11); and placing the fire extinguisher on the platform so that the upper end of each of the first panel and the second panel bear against the fire extinguisher (see Figures 2 and 11).
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 15, as best understood, is rejected under 35 U.S.C. 103 as being unpatentable over Amstutz (US 1,751,677), alone.
Regarding claim 15, Amstutz discloses an apparatus (1, 2, 3, 4, 5, 9, fig 10) comprising: a fire extinguisher (3, fig 10, the back 3 can be folded to press against and extinguish a weak fire on a match placed on the platform 1 and therefore is reasonably considered as a fire extinguisher); and fire extinguisher stand (1, 2, 4, 9, fig 10) comprising: a first panel (29a, fig 10, see annotation, a combination of the left folding end member 2 and the left channel 9); a second panel (29b, fig 10, see annotation, a combination the right folding end member 2 and the right channel 9); a platform (1, fig 10) hinged at an intermediate portion of each of the first panel and the second panel (see Figures 10 and 11) such that the first panel and the second panel are configured for moving between: a first position (see Figure 11, when the first panel 29a, the second panels 29b, and the fire extinguisher 3 are completely folded, also see Figure 2) with an upper end (9, fig 10) of each of the first panel and the second panel proximate each other (see Figures 2 and 11), and a lower end (7, fig 10) of each of the first panel and the second panel positioned apart from each other (see Figures 2 and 11); a second position (see Figure 10, when the first panel 29a, the second panels 29b, and the fire extinguisher 3 are unfolded, also see Figure 11) with the platform level and with the upper end of each of the first panel and the second panel apart from each other and the lower end of each of the first panel and the second panel pivoted towards each other for positioning the stand in an upright position (see Figure 10 and 11); and wherein the first panel and the second panel are held in the second position by placement of the fire extinguisher on the platform so that each of the first panel and the second panel bear against the fire extinguisher (see Figures 10 and 11).
Amstutz does not disclose the apparatus, wherein in the second position the upper end of each of the first panel and the second panel bear against the fire extinguisher.
Amstutz is analogous art because it is at least from the same field of endeavor, i.e., supports. Before the effective filing date of the claimed invention, it would have been an obvious matter of design choice to one of ordinary skill in the art to size the fire extinguisher (3, fig 10) by increasing its height, such that the first panel (29a, fig 10, see annotation) and the second panel (29b, fig 10, see annotation) are held in the second position by placement of the fire extinguisher on the platform (1, fig 10) so that the upper end (9, fig 10) of each of the first panel and the second panel bear against the fire extinguisher, with a reasonable expectation of success, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955). The motivation would have been to enhance rear support of larger books, folders, and binders placed on the bookrack. Therefore, it would have been obvious to modify Amstutz to obtain the invention as specified in claim 15.
Allowable Subject Matter
Claims 6, 13, and 14 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Based on the current prior art of record, there is no rejection of claims 7 and 8 under 35 U.S.C. 102 or 103. However, no allowable subject matter is indicated for claims 7 and 8 in the current Office action, since claims 7 and 8 are currently rejected under 35 U.S.C. 112(a), as set forth above in the current Office action.
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 Guang H Guan whose telephone number is (571) 272-7828. The examiner can normally be reached weekdays (10:00 AM - 6:00 PM).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Liu can be reached at (571) 272-8227. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/G. H. G./Examiner, Art Unit 3631
/JONATHAN LIU/Supervisory Patent Examiner, Art Unit 3631
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