Notice of Pre-AIA or AIA Status
This is a first office action on the merits for application serail number 18/594,157 filed 3/04/24. Claims 1-20 are pending. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
The information disclosure statement (IDS) submitted on 3/04/24 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
The drawings filed 3/04/24 are approved.
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 1-14, 19 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent 7,509,966 to Karasin et al.
Karasin provides a stability stand device 100 comprised of a base 400 with four legs capped with rubber foot pads 136. At least figure 7B shows the foot pads having alternating raised and recessed texture portions. The base includes a vertical member 120b extending upward which adjustably receives a body 120a. The body including handle(s) 210 with grips having cut-out or “recessed” portions 295 to enhance a user’s grip. A locking mechanism including a spring button 125 for insertion in holes 125b is provided.
Claims 1-3, 5-7, 9-11, 13, 14 and 19-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. 2019/0060148 to Miller.
Miller provides a stability stand device comprising a body 105 comprised of a handle 210 with grip 225, a base 110 comprised of legs 310 having rubber footpads 315 [0020] and a vertical member 320. Vertical member receives the body which is adjustable via a locking mechanism comprised of spring buttons 240 received in adjustment holes 330.
With respect to claims 5 and 13, rubber is inherently a non-slip material.
Claims 1-3, 5-7, 9-11, 13, 14, 19 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent 6,557,188 to Peterson.
Peterson provides stability stand device in Figure 7 comprised of a body 3 having a handle 1 with a rubber grip 2, a hollow base 5 adjustably received in the body 3 and is locking with pin or “clip” 6, the base has legs 11 with rubber caps or “pads” 11.
With respect to claims 5, 9 and 13, rubber is inherently a non-slip material.
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 15-18 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent 7,509,966 to Karasin et al. in view of U.S. Patent 4,863,178 to Friesen and U.S. Patent 9,801,437 to Ho.
Karasin provides each of the elements of the claims except for a tool tray [cl.15] attached to the body of base with a first fastener [cl.16] and a light assembly comprised of a light and button [cl.17] attached to the body or base with a second fastener [cl. 18].
Freisen teaches that at the time of the effective filing date of the invention it was known that a tool tray maybe removably attached to a vertical member 28 of base with a first fastener (a rod inserted into tubular element 50).
Ho teaches in Fig. 5 that at the time of the effective filing date of the invention it to affix an LED lighting apparatus 3 with a switch or button 41 to the pole 11 of a quad cane with a faster 2.
It would have been obvious to one having ordinary skill in the art at the time of the effective filing date of the invention that the device of Karasin could have been provide with a removably attached tool tray as taught by Friesen to provide a storage area for tools or other small personal items if desired and a removably attached light assembly as taught by Ho to provide light.
Moreover, all the claimed elements are known in the prior art and one skilled in the art would have combined the elements at the time of the effective filing date of the invention as claimed by known methods with a reasonable expectation of success with no change to their respective functions, and the combination would have yielded predictable results to one having ordinary skill in the art of providing both a tool tray and light to the device of Karasin.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Note in particular:
U.S. Patent 9,386,830 to Crowhurst teaches a walking aid device comprised of base with foot pads 104a-c having circular grooves or recesses 130 to improve contact and stability. Crowhurst also includes a handle 116 with an ergonomic grip 114 and lights 222/224/226.
U.S. Patent 2016/0300469 to Hood teaches a stability stand device having a base with feet, a body with a hand grip and a LED light with a button switch 103.
Figure 4B and paragraph [0027] of U.S. 2012/0085378 to Chakraborty teaches mounting an LED lighting unit to a quad cane.
U.S. Patent 6,508,580 to Collins teaching mounting an alert device with a flashing light 30 and activation button 50 to a mobility aide. Figure 4 shows an example of the aide being a quad cane.
U.S. Patent 10,517,789 to Petromallo teaches a standing aide comprising a stanchion 101 having handle 103 with grip at a top end a plurality of legs 102 at the lowered end The figures show foot pads on the leg.
U.S. Patent 8,371,320 to McKenna provides a stability stand device comprised of a body having a handgrip 2, a base having legs 7-8 with compliant tips and a locking mechanism 4 to allow shaft 14 to slide within upper shaft of the body.
The discussion of various locking mechanisms 110 for securing telescopically adjustable members at column 3, lines 27-43 of U.S. Patent 10,172,468 to Houghson. Houghson also teaches raised/recessed textured handgrip 112/Figs 1-3.
U.S. Patent 3,553,746 to Seiger teaches a stand assist device comprised of a base having legs 12/19 and a vertical member 19 which receive telescoping receives a body 21 which as handles 27/29,31/33. Locking means 23/24 secure the body within the base 19 at a selected height.
U.S. 2011/0271991 to McCarthy teaches tray 18 that may be removably attached to a mobility device.
U.S. Patent 5,141,211 to Adams, Jr. teaches a tool tray 45 removably attached to a vertical post of base member with pin 43.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT CANFIELD whose telephone number is (571)272-6840. The examiner can normally be reached M-F 10-6, some Saturdays.
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, David Dunn can be reached at 571-272-6670. 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.
ROBERT CANFIELD
Primary Examiner
Art Unit 3636
/Robert Canfield/ Primary Examiner, Art Unit 3636