Notice of Pre-AIA or AIA Status
This is a first office action on the merits of application SN 18/439,816 and 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
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) 1-7, 16, and 17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent 859,454 to Larsson.
Larsen teaches
1. A collapsible tray for mounting on an apparatus sidewall (Figure 1), the collapsible tray comprising: a first plate member (5); a second plate member (4) hingedly attached to the first plate member; and a tray (2) hingedly attached to the second plate member and is hingedly supported by the apparatus sidewall, the tray lockable in a first position (Figure 1) where the tray is substantially perpendicular to the sidewall of the apparatus and collapsible to a second position (past the partially closed position shown in figure 2) where the tray hangs downward and substantially parallel the apparatus sidewall.
2. further comprising a mounting apparatus (3) that is securable to the apparatus sidewall.
3. wherein the mounting apparatus includes a channel (11 with the hollow portion 9) that an engagement end (as best seen in figure 2) of the first plate member engages when the tray of the collapsible tray is in the first or second position.
4. wherein the tray is hingedly attached to the mounting apparatus (as best seen in figure 1).
5. further comprising a flange portion (13) that extends from the second plate member to engage an inside part (as best seen in figures 1-5 ) of the first plate member when the tray is in the first position to prevent rotation between the first and second plate members from rotating past a predetermined position (as best seen in figure 3 and 4).
6. wherein the second plate element is hingely attached to an underside part of the tray at a hinged connection point (10 as best seen in figure 1).
7. wherein the hinged connection point is closer to the apparatus sidewall than a combination of a length of the second plate member and a length of the flange portion (as best seen comparing figure 1 to figure 4).
16. wherein the flange portion has a bend portion (14 as best seen in figure 3) therein to contribute to structural integrity of the collapsible tray when the tray is in the first position.
17. wherein the bend portion of the flange portion is similar to an angle between inner sides of the first and second plate members (as best seen in figure 4).
Claim(s) 1, 2, 5, 6, 8, 9, 16, and 17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent 5,374,105 to Kracht.
Kracht teaches
1. A collapsible tray for mounting on an apparatus sidewall (Figure 1), the collapsible tray comprising: a first plate member (lower portion 34); a second plate member (upper portion 34) hingedly attached to the first plate member (40); and a tray (18) hingedly attached to the second plate member and is hingedly supported by the apparatus sidewall, the tray lockable in a first position (Figure 1) where the tray is substantially perpendicular to the sidewall of the apparatus and collapsible to a second position (figure 1) where the tray hangs downward and substantially parallel the apparatus sidewall.
2. further comprising a mounting apparatus (82) that is securable to the apparatus sidewall.
5. further comprising a flange portion (50) that extends from the second plate member to engage an inside part (39) of the first plate member when the tray is in the first position to prevent rotation between the first and second plate members from rotating past a predetermined position (Col 3, lines 44-49).
6. wherein the second plate element is hingely attached to an underside part of the tray at a hinged connection point (44).
8. wherein an angle (as best seen in figure 1; Col 3, lines 44-49) between an inner side of the first plate member and an inner side of the second plate member when the tray is in the first position is between 90 degrees and 180 degrees.
9. wherein the angle between the inner side of the first plate member and the inner side of the second plate member when the tray is in the first position is between 135 degrees and 180 degrees (as best seen in figure 1; Col 3, lines 44-49).
16. wherein the flange portion has a bend portion (as best seen in figure 1) therein to contribute to structural integrity of the collapsible tray when the tray is in the first position.
17. wherein the bend portion of the flange portion is similar to an angle (as best seen in figure 1) between inner sides of the first and second plate members.
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(s) 10-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent 859,454 to Larsson. Larsson discloses every element as claimed and discussed above except a support plate. The examiner is taking Official Notice that it is well known in the art of the furniture and hinges to use a torsion or other type of spring to bias a hinge and that an integrated (such as with Larsson) or separate hinge (a leaf attached) are alternatives or equivalent structures. Before the effective filing date of the claimed invention it would have been obvious for a person of ordinary skill in the art to modify the shelf of Larsson by adding a spring to the lower hinge as is known in the art to bias the brace and make the hinge separate (leaf of the hinge would be the support plate).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY MICHAEL AYRES whose telephone number is (571)272-8299. The examiner can normally be reached Monday - Friday 11:30-8.
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, Dan Troy can be reached at (571) 270-3742. 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.
/TIMOTHY M AYRES/Examiner, Art Unit 3637