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 .
Drawings
The drawings are objected to because:
Reference character “100” should not be underlined. A reference character should only be underlined when located on the surface in which it represents.
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.
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 4 and 5 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.
Regarding claim 4, it is unclear how the first rotatable element has a hole for the third and fourth ends of the crossing elements. It appears that the rotatable element only engages a single end of the crossing elements.
Claim 5 depends from claim 4 and falls therewith.
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) 1-3, 8, and 17-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2009/0218466 A1 to Wang et al.
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Regarding claim 1, Wang et al. disclose a foldable supporting device, comprising: a first supporting frame (See Figure above) comprising a first upper part (See Figure above) and a first lower part (See Figure above) disposed opposite to the first upper part; a second supporting frame (See Figure above) comprising a second upper part (See Figure above) and a second lower part (See Figure above) disposed opposite to the second upper part; a first movable element (See Figure above) that is movable along the first lower part; a second movable element (See Figure above) that is movable along the second lower part; a first foldable structure (See Figure above) which connects to the first movable element and the second movable element and is foldable from a first extended position to a first folded position so as to change a distance between the first supporting frame and the second supporting frame (Fig. 4 and 5); a first rotatable element (See Figure above) connected to the first supporting frame and the first foldable structure; a second rotatable element (See Figure above) connected to the second supporting frame and the first foldable structure; wherein the first rotatable element and the second rotatable element are respectively rotated with respect to the first supporting frame and the second supporting frame when the first foldable structure is folded from the first extended position to the first folded position (Fig.4 and 5).
Regarding claim 2, wherein: the first supporting frame further comprises a first side part (See Figure above) connecting the first upper part and the first lower part; the second supporting frame further comprises a second side part (See Figure above) connecting the second upper part and the second lower part; the first rotatable element is rotatably connected to the first side part (See Figure above) and is fixed to the first foldable structure; the second rotatable element is rotatably connected to the second side part (See Figure above) and is fixed to the first foldable structure.
Regarding claim 3, wherein: the first foldable structure comprises two crossing elements (See Figure above) that are rotatable with respect to each other; the crossing elements comprise a first end rotatably connected to the first movable element, a second end rotatably connected to the second movable element, a third end fixed to the first rotatable element, and a fourth end fixed to the second rotatable element (See Figure above).
Regarding claim 8, further comprising: a third supporting frame (See Figure above) comprising a third upper part (See Figure above) and a third lower part (See Figure above) disposed opposite to the third upper part; a third movable element (See Figure above) that is movable along the second lower part; a fourth movable element (See Figure above) that is movable along the third lower part; a second foldable structure (See Figure above) which connects to the third movable element and the fourth movable element and is foldable from a second extended position to a second folded position so as to change a distance between the second supporting frame and the third supporting frame (Fig. 4 and 5); a third rotatable element (See Figure above) connected to the second supporting frame and the second foldable structure; a fourth rotatable element (See Figure above) connected to the third supporting frame and the second foldable structure; wherein the third rotatable element and the fourth rotatable element are respectively rotated with respect to the second supporting frame and the third supporting frame when the second foldable structure is folded from the second extended position to the second folded position (Fig.4 and 5).
Regarding claim 17, Wang et al. disclose a foldable supporting device, comprising: a plurality of supporting structures (first, second, third supporting frame; see Figure above) comprising upper parts (See Figure above) and lower parts (See Figure above) disposed opposite to the upper parts; a foldable structure (See Figure above) which is connected to the lower parts of the supporting structures and is foldable from an extended position to a folded position (Fig. 4 and 5); a plurality of rotatable elements (See Figure above) which connect the supporting structures and the foldable structure (See Figure above); wherein when the foldable structure is folded, external forces from the lower parts of the supporting structures are transmitted to the upper parts of the supporting structures with the rotatable elements cooperating to rotate, thereby moving the supporting structures close to each other (Fig.4 and 5).
Regarding claim 18, further comprising movable elements (See Figure above) that are connected to the foldable structure and are movable along the lower parts of the supporting structures (See Figure above), wherein a distance between the supporting structures is determined by an extent of extending of the foldable structure and positions of the movable elements (See Figure above; Fig. 4 and 5).
Regarding claim 19, Wang et al. disclose a foldable supporting device, comprising: a plurality of supporting structures (first, second, third supporting frames; See Figure above) comprising upper parts (See Figure above) and lower parts (See Figure above) disposed opposite to the upper parts; a foldable structure (See Figure above) which is connected to the lower parts of the supporting structures and is foldable from an extended position to a folded position (Fig.4 and 5); a plurality of rotatable elements (See Figure above) which connect the supporting structures and the foldable structure; wherein during extension of the foldable supporting device, external forces from the upper parts of the supporting structures are transmitted to the foldable structure with the rotatable elements cooperating to rotate, thereby extending the foldable structure and moving the supporting structures apart from each other (Fig.4 and 5).
Regarding claim 20, further comprising movable elements (See Figure above) that are connected to the foldable structure and are movable along the lower parts of the supporting structures (Fig. 4 and 5), wherein a distance between the supporting structures is determined by an extent of extending of the foldable structure and positions of the movable elements (Fig.4 and 5).
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) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2009/0218466 A1 to Wang et al.
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Regarding claim 12, Wang et al. disclose further comprising: a first joint (See Figure above); a side structure (See Figure above) rotatably connected to the first supporting frame through the first joint (See Figure above); wherein the side structure comprises a connecting rod (See Figure above), a second joint (See Figure above) and a leg (See Figure above); wherein the connecting rod is connected to the first joint (See Figure above); wherein the connecting rod and the leg are connected through the second joint (See Figure above); wherein the second joint comprises a channel (channel shown in Fig. 4 where the leg is rotated).
Wang et al. discloses the second joint having a channel and a pivot but does not necessarily disclose the “pivot” as a roller.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have provided a roller within the channel which enabled the leg to be collapsed or deployed so to provide a smooth, easy transition from the deployed state to the collapsed state. Providing a roller within the channel as opposed to a pivot would not yield unexpected results and would not be beyond the routine knowledge of one skilled in the art.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2009/0218466 A1 to Wang et al. in view of US 2008/0000024 A1 to Peixin.
Regarding claim 13, Wang 466 discloses an apparatus comprising: a foldable supporting device as claimed in claim 1 (See claim 1 above).
Wang 466 discloses wherein similar frames are used to support mattresses, but does not disclose a coupling element; an object fixed to the foldable supporting device through the coupling element; wherein the coupling element comprising a first portion, a second portion, and a connecting portion connecting the first portion and the second portion; wherein the first portion is fixed to the object; wherein the second portion is detachably connected to the foldable supporting device.
Peixin discloses a coupling element (182, 184, 186, Fig. 19 and 20); an object (12) fixed to the foldable supporting device through the coupling element; wherein the coupling element comprising a first portion (184, Fig.20), a second portion (186), and a connecting portion (182, Fig.19) connecting the first portion and the second portion; wherein the first portion is fixed to the object (184 secured to 12, Fig.20); wherein the second portion is connected to the foldable supporting device (186, Fig.19).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have provided a coupling element as taught by Peixin to the foldable supporting device Wang so to enable an object to be securely fastened to the device. It also would have been obvious to have provided a detachable coupling element so to enable the coupling element to be removed if not needed, thereby preventing the element from getting the way of use or becoming damaged when not in use.
Claim(s) 15 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2009/0218466 A1 to Wang et al. in view of US 6,581,223 B1 to Wang.
Regarding claim 15, Wang et al. disclose an apparatus comprising: a foldable supporting device as claimed in claim 1 (See claim 1 above).
Wang discloses wherein similar frames are used to support mattresses, but does not disclose an object supported by the foldable supporting device; wherein the foldable supporting device further comprises an auxiliary support to support the object; wherein the auxiliary support comprises a sleeve; wherein the foldable supporting device further comprises a hook that penetrates through the sleeve.
Wang discloses an object (4, Fig.11) supported by the foldable supporting device (Fig.10); wherein the foldable supporting device further comprises an auxiliary support (41) to support the object; wherein the auxiliary support comprises a sleeve (double layers of 41 in corner, Fig.11); wherein the foldable supporting device further comprises a hook (45 and washer that is inserted into slit of 41) that penetrates through the sleeve.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have provided the foldable supporting device of Wang et al. with an auxiliary support as taught by Wang so to enable an object to be securely supported atop of the foldable structure.
Regarding claim 16, Wang discloses wherein the auxiliary support is a weaving strap (41, Fig.10).
Allowable Subject Matter
Claims 6, 7, 9-11, and 14 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.
Claims 4 and 5 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.
The following is a statement of reasons for the indication of allowable subject matter:
The prior art of record fails to disclose the foldable support device having a third movable element also connected to the first supporting frame in combination with all of the elements and relationships of the elements of the foldable supporting device.
Further the prior art of record does not specifically disclose the rotatable elements having holes to engage different ends of the crossing elements.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RYAN D KWIECINSKI whose telephone number is (571)272-5160. The examiner can normally be reached Monday - Thursday from 8:30 am to 4:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Mattei can be reached at (571) 272-3238. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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RDK
/RYAN D KWIECINSKI/Primary Examiner, Art Unit 3635