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 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.
Claims 1-6, 8, and 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Schofield (US 20230404062) in view of Simone (US 20070175702).
Regarding claim 1, Schofield teaches of (fig. 6) a hang on portable tree stand (fig. 1, abstract, portable tree stand is mounted to a tree trunk 21), comprising:
a first upright post (post 228) extending from a top end to a bottom end (seen in fig. 6),
each of the first upright post (228) having a plurality of openings extending through a thickness of each of the first post (geometric openings in first upright post 228);
a base platform (platform 224) pivotally engaged with the first upright post (figs. 6 and 8, platform 224 pivots to fold against the first upright post 228), the base platform (224) having a plurality of irregularly shaped openings extending through a thickness of the base platform (seen in fig. 4, especially the ends have irregularly shaped openings);
one or more supports (strut cables 230) extending from the base platform (224) to the first upright post (228), the one or more supports (230) being configured to allow the base platform to pivot toward the first upright post (¶0039, one or more supports 230 allow the platform 224 to pivot and adjust the angle);
one or more braces (claw structure 246 and claw portion 302) extending from the first post (seen in fig. 6); and a strap receiver (cleats 314) extending from at least one of the first upright post (228) (seen in fig. 6);
wherein the base platform (224) and the one or more braces (246, 302) are configured to engage with a support structure (fig. 1, ¶0037, engages with trunk 21) when the hang on portable tree stand is installed on the support structure (21) (seen in fig. 1); and wherein the strap receiver (314) is configured to receive a strap (¶0038, cleats 314 are configured to secure a strap or cord, such as cord 48 (shown in FIG. 1)), the strap (¶0038, cord 48 can be a strap) being configured to secure around the support structure and hold the hang on portable tree stand in place once installed (seen in fig.1).
Schofield does not appear to teach of a first upright post and a second upright post each extending from a top end to a bottom end.
Simone teaches of (fig. 2A) a first upright post and a second upright post each extending from a top end to a bottom end (¶0023, frame 32 has two frame members each extending from a top end to a bottom end. The frame members are identical to each other);
each of the first and second upright posts having a plurality of openings extending through a thickness of each of the first and second upright posts (openings for the screws and tie bolts 42);
base platform (fig. 1, platform 16) pivotally engaged with the first and second upright posts (¶0030-0031, platform 16 can be pivotally connected to frame 32);
one or more supports (flexible cords 90) extending from the base platform (16) to the first and second upright posts (seen in fig. 1), the one or more supports (90) being configured to allow the base platform (16) to pivot toward the first and second upright posts (¶0030-0031, platform 16 can be pivotally connected to the frame 32 and the supports 90 can allow the base platform 16 to pivot to the frame 32);
one or more braces (fig. 1, stabilizer arms 92) extending from the first and second upright posts (seen in fig. 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Schofield to incorporate the teachings of Simone of a first upright post and a second upright post each extending from a top end to a bottom end, such that the first and second upright posts are identical to one another and the other components are attached similarly to the first and second upright posts as to a single upright post in Schofield, in order to distribute the force and load of the system to multiple upright posts.
Regarding claim 2, Schofield as modified teaches of claim 1, and (fig. 4) wherein the base platform (224) further comprises a plurality of teeth (angled toothed edges 308) extending from a back end of the base platform (224) (seen in fig. 4), the plurality of teeth configured to engage with the support structure (21) (¶0035, angled toothed edges 308 that form an opening therebetween for receiving portions of a tree), the plurality of teeth pivot with the base platform (the plurality of teeth pivots along with the base platform 224).
Regarding claim 3, Schofield as modified teaches of claim 1, and (fig. 4) wherein the base platform (224) is pivotally engaged with the first and second upright posts (as modified by Simone) via a pin (fastener 310) extending through a transverse bore (¶0036, fastener 310 is a pin that extends through a bore in post 228), the transverse bore extending through the first and second upright posts (seen in fig. 6) and one or more bars (mounting ears 304) as part of the base platform (seen in fig. 4).
Regarding claim 4, Schofield as modified teaches of claim 1, and (fig. 4) further comprising:
a seat (seat 232) engaged with the first and second upright posts (as modified by Simone) (seen in fig. 4); and
a shelf (lower axial end 348) extending from at least one of the first and second upright posts at a position below the seat (seen in fig. 6), the shelf (348) supports the seat in a substantially horizontal configuration (seen in fig. 6).
Regarding claim 5, Schofield as modified teaches of claim 4, and (fig. 6) further comprising an adjustable button (seat leveling shelf lock 244) attached to and extending from a bottom surface of the seat (seen in fig. 6), the adjustable button (244) is configured to extend and contract such that an angle of the seat is adjustable relative to the first and second upright posts (¶0044, Lock 244 may be moved relative to seat 232 to adjust the length of lock 244 extending between leveling tab 236 and seat 232 to affect the angular positioning of seat 232 and to retain seat 232 in a selected angular position (about axis 52)), the adjustable button (244) configured to rest on the shelf to support the seat in the substantially horizontal configuration (seen in fig. 6).
Regarding claim 6, Schofield as modified teaches of claim 1, and (fig. 6) further comprising:
a plurality of grooves (strut securement slots 316, vertical channel 317) extending through each of the first and second upright posts (as modified by Simone to have the single post 228 into identical first and second upright posts, aligning the openings and the posts), the plurality of grooves being vertically aligned (as modified by Simone, the first and second upright posts are vertically aligned); and
a bar (bar of fastener 332) attached to the one or more supports (230) such that the bar couples the one or more supports to the first and second upright posts (seen in fig. 4);
wherein the bar is adjustable in a vertical position by being selectively positioned in one of the plurality of grooves (317) (¶0039, Each of slots 316 is configured to receive the cylindrical portion of a fastener 332 which is secured to one or more supports 230).
Regarding claim 8, Schofield as modified teaches of claim 1, and (fig. 6) wherein the strap receiver (314) comprises a knob extending forward from the at least one of the first and second upright posts (seen in fig. 6).
Regarding claim 16, Schofield as modified teaches of claim 1, and (fig. 4) wherein the one or more braces (246, 302) each further comprises a first jaw and a second jaw (left jaw and right jaw), the first jaw and the second jaw connected at an intermediate connecting portion (middle part between the first and second jaws) such that the first jaw and the second jaw extend extending outward therefrom and create a concave opening for receiving the support structure therein (seen in fig. 4).
Regarding claim 17, Schofield as modified teaches of claim 1, and wherein at least one of the one or more braces (246, 302) further comprises a plurality of teeth extending therefrom (figs. 4-5, toothed edges 308 and toothed face 320).
Claims 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Schofield, as applied to claim 1 above, and further in view of Habberstad et al. (US 20140263516), hereinafter Habberstad.
Regarding claim 9, Schofield as modified teaches of claim 1, and (figs. 4 and 8) wherein the base platform (224) further comprises one or more hooks (protrusion on the side edges of platform 224 in which the strut cables 230 hooks onto) integral with and extending outwardly from a side edge of the base platform (seen in figs. 4 and 8, the protrusion is integral with and extends outwardly from side edges of the base platform 224).
Schofield does not appear to teach of wherein the one or more supports engage the base platform at a location other than the one or more hooks, such that the one or more hooks are configured to secure an accessory independent of the one or more supports.
Habberstad teaches of (fig. 1) wherein the base platform (frame 124) further comprises one or more hooks (carrying hook 127) integral with and extending outwardly from a side edge of the base platform (124) (¶0078, integral with the frame 124 and extends outwards from a bottom side edge of frame 124 and loops back), wherein the one or more supports (cables 122) engage the base platform (124) at a location other than the one or more hooks (seen in fig. 1), such that the one or more hooks (127) are configured to secure an accessory independent of the one or more supports (¶0078-0079, carrying hook 127 can engage with another structure, including an accessory independent of the one or more supports 122).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Schofield to incorporate the teachings of Habberstad of adding one or more hooks wherein the base platform further comprises one or more hooks integral with and extending outwardly from a side edge of the base platform, wherein the one or more supports engage the base platform at a location other than the one or more hooks, such that the one or more hooks are configured to secure an accessory independent of the one or more supports in order to have more utility and convenience when carrying and transporting the tree stand as motivated by Habberstad in para. 0079 or to have an area to hold accessories or any object near the user when using the tree stand.
Regarding claim 10, Schofield as modified teaches of claim 1, and (figs. 4 and 8) wherein the base platform (224) further comprises one or more hooks (protrusion on the side edges of platform 224 in which the strut cables 230 hooks onto) integral with and extending from a side edge of the base platform (seen in figs. 4 and 8, the protrusion is integral with and extends from side edges of the base platform 224).
Schofield does not appear to teach of wherein each of the one or more hooks comprises a curved portion having a free end, the curved portion configured to receive an accessory therein.
Habberstad teaches of (fig. 1) wherein the base platform (frame 124) further comprises one or more hooks (carrying hook 127) integral with and extending from a side edge of the base platform (124) (¶0078, integral with the frame 124 and extends outwards from a bottom side edge of frame 124 and loops back), wherein each of the one or more hooks (127) comprises a curved portion having a free end (¶0079, outer curved portion 127 having a free end at engagement end 127c), the curved portion configured to receive an accessory therein (¶0079, curved portion 12b can be engaged with another structure through free end 127c).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Schofield to incorporate the teachings of Habberstad of adding one or more hook wherein each of the one or more hooks comprises a curved portion having a free end, the curved portion configured to receive an accessory therein in order to have more utility and convenience when carrying and transporting the tree stand as motivated by Habberstad in para. 0079 or to have an area to hold accessories or any object near the user when using the tree stand.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Schofield, as applied to claim 1 above, and further in view of Tschida (US 7377361).
Regarding claim 12, Schofield as modified teaches of claim 1, but does not appear to teach of wherein the hang on portable tree stand has a weight of approximately 6.25 pounds.
Tschida teaches of wherein the hang on portable tree stand has a weight of approximately 6.25 pounds (col. 1 lines 55-60, Depending upon the materials, the weight of the stand assembly can correspondingly vary from 5 to 55 pounds).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Schofield to incorporate the teachings of Tschida of wherein the hang on portable tree stand has a weight of approximately 6.25 pounds in order to have a lightweight device that can be easily carried around.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Schofield, as applied to claim 1 above, and further in view of Pringnitz (US 20060054397).
Regarding claim 15, Schofield as modified teaches of claim 1, and (fig. 4) wherein the base platform (224) further comprises:
a front section defined by:
a front end edge (seen in fig. 4);
a first side edge having a first section, a second section, and a third section (left side edge of base platform 224 can be divided into first, second, and third sections), the third section (side edge in which it is an angled tapering section towards the rear) connected to the second section (straight side edge with the hook holding strut cable 230) at an angle greater than 90 degrees (seen in fig. 4), wherein the second section is perpendicular to the front end edge (seen in fig. 4); and
a second side edge connected to and extending from the front end edge, the second side edge being a mirror configuration of the first side edge (right side edge of base platform 224);
a back section (rear section with mounting ears 304 and claw portion 302) integral with the front section (seen in fig. 4), the back defined by a back end forming a lower brace of the one or more braces (308) (seen in fig. 4), a first back section side edge integral with and extending from the lower brace to the first side edge (seen in fig. 4), and a second back section side edge integral with and extending from the lower brace to the second side edge (seen in fig. 4).
Schofield does not appear to teach of the first section connected to the front end edge at an angle greater than 90 degrees, the second section connected to the first section at an angle greater than 90 degrees;
wherein the first back section side edge and the second back section side edge extend parallel to one another.
Pringnitz teaches of (fig. 1) wherein the base platform further comprises:
a front section defined by:
a front end edge (seen in fig. 1);
a first side edge (left side edge) having a first section (corner), a second section (straight middle portion), and a third section (tapering angled edge towards the frame 21), the first section connected to the front end edge at an angle greater than 90 degrees (front edge angle to the corner is greater than 90 degrees), the second section (straight middle section) connected to the first section at an angle greater than 90 degrees (angle between the corner and the straight middle portion is greater than 90 degrees), the third section connected to the second section at an angle greater than 90 degrees (angle from the middle portion to the sloped tapering side edge is greater than 90 degrees), wherein the second section is perpendicular to the front end edge (seen in fig. 1); and
a second side edge connected to and extending from the front end edge, the second side edge being a mirror configuration of the first side edge (right side edge is a mirror configuration of the left side edge);
a back section (section with rearward edge of platform 28 and protrusions 35) integral with the front section (seen in fig. 1), the back defined by a back end forming a lower brace of the one or more braces (protrusion 35) (seen in fig. 1), a first back section side edge integral with and extending from the lower brace to the first side edge (seen in fig. 1), and a second back section side edge integral with and extending from the lower brace to the second side edge (seen in fig. 1);
wherein the first back section side edge and the second back section side edge extend parallel to one another (straight side edges of the back section are parallel to one another).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Schofield to incorporate the teachings of Pringitz of the base platform shape as described above in order to expand the shape outwards to have more surface area for the user to be on while having high stability and load distribution.
Response to Arguments
Applicant's arguments filed 8/5/2026 have been fully considered but they are not persuasive.
Applicant argues that a person of ordinary skill in the art would have no motivation to modify Schofield's post 228 into a dual upright configuration based on Simone's teaching of frame 32. Applicant argues that Simone’s tree stand is a pump jack tree stand and the structural member that is secured to the tree in Simone is pole 12 - not frame 32 – wherein the frame is a support structure of pump jack 14 and the two frame members are held apart specifically so that frame 32 can straddle pole 12 and be guided along it as pump jack 14 climbs upward on pole 12 and therefore would not be obvious to modify to the fixed, tree-engaging support of Schofield that doesn’t have a pump jack. Applicant further argued that this is confirmed by the fact that Simone’s braces (20, 22) the structures that actually engage and secure the device to the tree - attach exclusively to pole 12, and never to frame 32. (Simone, 0022, FIG. 1). The Examiner respectfully disagrees.
In response to applicant's argument that a person of ordinary skill in the art would have no motivation to modify Schofield's post 228 into a dual upright configuration based on Simone's teaching of frame 32, the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981). The claim does not recite that the posts are specifically the posts that are used to secure to the tree. Simone is used merely to teach that a post can comprise of a first upright post and a second upright post and the usage of Simone’s frame 32 for a pump jack tree is not bodily incorporated. Simone has a similar arrangement and attachment with the base platform, one or more supports, and the one or more braces as recited above in the claim 1 rejection, such that one of ordinary skill in the art would find it obvious to modify the post of Schofield to have a first and second upright post in order to distribute the force and load of the system to multiple upright posts.
In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, it is generally known to one of ordinary skill in the arts that multiple posts would allow for forces, such as those applied to the seats of the tree stand, the base platform, or to any part of the tree stand, to be applied and disturbed across those multiple posts and allow for better durability and stability of the system.
In response to applicant's argument that the examiner's conclusion of obviousness is based upon improper hindsight reasoning, it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant's disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971).
Applicant’s arguments with respect to claims 9-10 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
The cited references made of record in the contemporaneously filed PTO-892 form and not relied upon in the instant office action are considered pertinent to applicant's disclosure, and may have one or more of the elements in Applicant’s disclosure and at least claim 1.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZOE TRAN whose telephone number is (571)272-8530. The examiner can normally be reached M-Th 7:30am-6pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kimberly Berona can be reached at 571-272-6909. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ZOE TAM TRAN/ Examiner, Art Unit 3647
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