This is a Final office action for serial number 18/672,300.
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 § 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-3, 5-10, and 12 is/are rejected under 35 U.S.C. 102(a) (1) as being anticipated by Zheng et al. (Zheng) WO2017107493.
Zheng discloses:
In regards to claim 1, A banana stand, the stand comprising: a main body (1) having an arcuate shape and a hook at a top end thereof (meets limitation since in deployed position the hook is at top end, see figure below); a rear support (see figure below) having an arcuate shape and being rear support (2) positioned within a recess (214) in the main body (1) when in the closed position (figure 2); two front supports (front supports 2) each having an arcuate shape and being pivotally connected to the main body (1) and positioned on sides of the main body when in the closed position; and an internal gear mechanism (51) connecting the rear support to the two front supports (since the rear support and front supports are connected by extending simultaneously) such that movement of the rear support out of the recess causes the two front supports to rotate about their respective pivotal connections.
In regards claim 2, The banana stand according to claim 1, wherein the main body further comprises a hook (3) at a top end thereof.
In regards claim 3, The banana stand according to claim 1, wherein the internal gear mechanism (51) comprises: a gear head (5121) at one end of the rear support (2), the gear head (5121) having two partial gears (ear on each end of 5121); and a front support partial gear (front support 2 including 5121 found on front 2 not the rear support 2) on each of the two front supports (front support 2, since both the front and rear supports include support partial gears).
In regards claim 5, The banana stand according to claim 1, further comprising a locking mechanism (tripod locking mechanism 54) configured to lock the rear support and front supports in an open or standing position.
In regards claim 6, The banana stand according to claim 5, wherein the locking mechanism (tripod locking mechanism 54) is integrated into the rear support.
In regards to Claim 7, A banana stand comprising: a main body (1) having a shape of a banana; a rear support (rear element 2) positioned within a recess (214) in the main body when in the closed position (see figure 2); at least one front support (front element 2) pivotally connected to the main body (1) and positioned on at least one side of the main body when in the closed position (figure 2); and a locking mechanism (54) configured to lock the rear support and the at least one front support in an open or standing position.
In regards to 8, The banana stand of claim 7, further comprising an internal gear mechanism (since the rear support and front supports are connected by extending simultaneously) connecting the rear support (rear side support 2) to the at least one front support such that movement of the rear support out of the recess (214) causes the at least one front support (front side support 2) to rotate about the respective pivotal connections.
In regards to Claim 9, The banana stand according to claim 7, wherein the main body further comprises a hook (3) at a top end thereof.
In regards to claim 10, The banana stand according to claim 8, wherein the internal gear mechanism comprises: a gear head (511) at one end of the rear support (rear side support ), the gear head having at least one partial gear (on either end of 511); and at least one front support partial gear (front side support 2 gear 511) on the at least one front support (front side support 2).
In regards to Claim 12, The banana stand according to claim 7, wherein the locking mechanism (54) is integrated into the rear support (see specification which states tripod locking mechanism 54 works with rear support 2).
[AltContent: arrow][AltContent: textbox (Open position)][AltContent: arrow][AltContent: textbox (Open position)][AltContent: textbox (Closed position)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Main body 1 is arcuate in shape)][AltContent: arrow][AltContent: textbox (Rear support
Rear with arcuate shape)][AltContent: textbox (Two front supports front (2) with arcuate shape )][AltContent: textbox (Rear support
Rear with arcuate shape)][AltContent: arrow][AltContent: textbox (Top end
hook)][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (Recess 214)][AltContent: arrow][AltContent: arrow][AltContent: arrow]
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Claim Rejections - 35 USC § 103
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 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) 1, 3-8, and 10-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Stromberg 3,392,946 in view of Zibell 3,779,501.
Stromberg discloses:
Claim 1. A banana stand, the stand comprising: a main body (umbrella body including 32/33) having an arcuate shape and a hook at a top end (conventional hook at top of umbrella body) thereof: a rear support (34) having an arcuate shape and being positioned within a recess (43) in the main body when in the closed position; two front supports (37) each having an arcuate shape (57) and being pivotally (see figure 4) connected to sides of the main body (umbrella body including 32/33) and positioned on the sides of the main body when in the closed position; and an internal gear mechanism (62, 61) connecting the rear support (34) to the two front supports (37) such that movement of the rear support (34) out of the recess (43) causes the two
front supports (37) to rotate about their respective pivotal connections.
Claim 3. The banana stand according to claim 1, wherein the internal gear
mechanism comprises: a gear head (62) at one end of the rear support (34), the gear head having two partial gears (62); and a front support partial gear (61) on each of the two front supports (37).
Claim 4. The banana stand according to claim 3, wherein the two partial gears (62) of the gear head (62) mesh with the front support partial gear (61) on each of the two front supports (37) such that pivotal movement of the front supports is limited by the rotation of the rear support.
Claim 5. The banana stand according to claim 1, further comprising a locking
Mechanism (114) configured to lock the rear support (34) and front supports (37) in an open or standing position.
Claim 6. The banana stand according to claim 5, wherein the locking mechanism (114) is integrated into the rear support (34).
Claim 7. A banana stand comprising: a main body (umbrella body including 32/33) having an arcuate shape; a rear support (34) positioned within a recess in the main body when in the closed position; at least one front support (37/103) pivotally connected to the main body and positioned on at least one side of the main body when in the closed position; and a locking mechanism (114) configured to lock the rear support (34) and the at least one front support (37/103) in an open or standing position.
Claim 8. The banana stand of claim 7, further comprising an internal gear
Mechanism (61,62,106,105) connecting the rear support to the at least one front support (37/103) such that movement of the rear support out of the recess (53/43) causes the at least one front support (37/103) to rotate about the respective pivotal connections.
Claim 10. The banana stand according to claim 8, wherein the internal gear mechanism comprises: a gear head (62) at one end of the rear support (34/107), the gear head having at least one partial gear (62); and at least one front support partial gear (61) on the at least one front support (37).
Claim 11. The banana stand according to claim 10, wherein the at
least one partial gear (62) of the gear head meshes with the at least one front
support partial gear (61) such that pivotal movement of the at least one front support is controlled by the pivoting of the rear support out of the recess of the main body.
Claim 12. The banana stand according to claim 7, wherein the locking
Mechanism (114/115) is integrated into the rear support (107).
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Stromberg discloses all of the limitations of the claimed invention except for a hook at the top end of the main body.
Zibell teaches it is known to have a hook at a top of the main body. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention with reasonable expectation of success to have modified Stromberg to have for a hook at the top end of the main body as taught by Zibell since it is well known and conventional for a stand including a hook at the top for the purpose of supporting an object at the top of a main body.
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Response to Arguments
Applicant's arguments filed December 1, 2025 have been fully considered but they are not persuasive.
In response to applicant’s arguments that,
For a claim to be anticipated under 35 U.S.C. §102, all elements of the claim must be found in a single prior art reference (see, e.g., Scripps Clinic & Research Found. V. Genentech Inc., 927 F. 2d 1565. 1576, 18 U.S.P.Q.2d 1001, 1010 (Fed Cir. 1991)). The identical invention must be shown in as complete detail as is contained in the claim. (See MPEP 2131). The single prior art reference must disclose all of the elements of the claimed invention functioning in essentially the same manner (see, e.g., Chanklin Corp. v. Sprinqfield Photo Mount Corp., 521 F.2d 609 (1st Cir. 1975). (emphasis added)
It will be shown below that Zheng fails to meet this criteria.
In reviewing the teachings of Zheng, applicant notes that there is nothing in these teachings that remotely suggests: 1) the main body being arcuate in shape; 2) that the fronts supports are pivotally connected to the sides of the main body and positioned on sides of the main body when in the closed position; and 3) an internal gear mechanism connecting the rear support to the two front supports such that movement of the rear support out of the recess causes the two front supports to rotate about their respective pivotal connections.
is hereby traversed with the following remarks. In regards to argument 1), Zheng’s main body (1) having an arcuate shape since the outer surface of the main body is clearly arcuate (as show in figure 2 below) meaning curved or resembling an arch. Zheng disclosure states,
The cross section of the main body is a convex polygon to ensure that the circumferential force of the main body is uniform and the gravity of the main body can be evenly distributed on the structure, which is favorable for the force and flight of the aircraft. It should be understood by those skilled in the art that the convex polygon mentioned here includes a structure composed of a curve, that is, a plane figure composed of a straight line, an arc, and a curve, and geometrically, a point forming line, a line forming surface, and an arc The line is also composed of a multi-point connection, and the point-to-point connection is a straight line. Therefore, the arc and the curve are composed of straight line segments with two points at infinite distance, and the convex polygon includes a plane figure composed of curves.
The outer shape of the aircraft body of the present invention is a smoothly transitioned closed curved envelope surface. It should be understood that the closed curved envelope surface is a closed enclosed structure around the center of gravity axis in the circumferential direction, adopting a smooth transition line and surface. The connection makes the overall structure of the aircraft more beautiful, and also conforms to the hydrodynamic structure of reducing wind resistance. This form of structure can be a sphere, an ellipsoid, a part of a sphere, a part of an ellipsoid, or other conformity. Smooth transition, closing a part of the body or body required by the curved envelope.
Therefore meeting the applicant’s claimed invention.
[AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (Main body 1 is arcuate shape)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Main body 1 is arcuate shape)]
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In regards to argument 2), Zheng clearly discloses front supports (front side supports are pivotally connected to the sides of the main body (1) and positioned on sides of the main body when in the closed position (see annotated figure below). Zheng disclosure states,
In the second position, the aircraft stand 2 is substantially close to the aircraft body, attached or snugly, or the aircraft stand 2 is located inside the aircraft body, and the aircraft stand 2 is directly incorporated into the aircraft body, the aircraft stand 2 Within the contour envelope of the aircraft body, the aircraft stand 2 is gathered.
therefore meeting the applicant’s claimed invention.
[AltContent: textbox (Front support
Within recess/slot when in closed position)][AltContent: textbox (Front support
Within recess/slot when in closed position)][AltContent: arrow]
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[AltContent: arrow][AltContent: textbox (Front support
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Pivotally connected)][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (Front support
(2))]
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In regards to argument 3) Zheng clearly teaches of an internal gear mechanism (51) connecting the rear support (rear side 2) to the two front supports (front side 2, since the rear support and front supports are connected by extending simultaneously when a signal is emitted to the motor) such that movement of the rear support out of the recess causes the two front supports to rotate about their respective pivotal connections.
Zheng teaches,
In the description of the present invention, it should be noted that the terms "installation", "connected", and "connected" are to be understood broadly, and may be fixed or detachable, for example, unless otherwise explicitly defined and defined. Connected, or integrally connected; can be mechanical or electrical; can be directly connected or indirectly connected through an intermediate medium.
Zheng also teaches,
The aircraft tripod and the control method of the invention realize the automatic opening and closing of the aircraft tripod. On the one hand, because the automatic opening and closing can be automatically performed, the aircraft tripod can be stored and saved conveniently when not in use, and the existing aircraft is solved due to the foot. The frame is fixed and cannot be opened and closed. On the other hand, during the flight of the aircraft, the aircraft stand is automatically recovered in the air, and the recovered aircraft stand is not supported by the aircraft body and does not give the aircraft a low shot. Interference caused by work such as detection. In addition, the invention enables the aircraft tripod to be automatically opened, thereby combining the height feedback of the height detecting module of the present invention or the remote control of the remote controller, so that the aircraft tripod can be automatically deployed to the support position in time before the aircraft is landed, thereby The smooth support of the landing surface provides a reliable guarantee.
The tripod control module 51 is further configured to control the aircraft tripod locking motor 53 to drive the aircraft tripod lock after receiving the tripod recovery command and before controlling the aircraft tripod drive motor 53 to recover the aircraft tripod 2. Mechanism 54 unlocks the aircraft stand 2. The aircraft tripod locking motor 53 is further configured to drive the aircraft tripod locking mechanism 54 to unlock the aircraft tripod 2 under the control of the tripod control module 51.
Continuing to refer to FIG. 9, the aircraft stand control system further includes a first microswitch 55. The first micro switch 55 is mounted to the skeleton of the aircraft and electrically connected to the tripod control module 51, and when the aircraft tripod is deployed to a support position, the aircraft tripod touches the first The micro switch 55 causes the first micro switch 55 to send a first feedback signal to the tripod control module 51. After receiving the first feedback signal, the tripod control module 51 determines that the aircraft tripod is deployed to the support position, and then sends an deployment stop signal to the aircraft tripod drive motor 52.
The aircraft tripod control system also includes a second microswitch 56. The second micro switch 56 is mounted to the skeleton of the aircraft and electrically connected to the tripod control module 51, and when the aircraft tripod is recovered to the stowed position, the aircraft tripod touches the second The micro switch 56 causes the second micro switch 56 to send a second feedback signal to the tripod control module 51. After receiving the second feedback signal, the tripod control module 51 determines that the aircraft tripod is recovered to the stowage position, and then sends a recovery stop signal to the aircraft tripod drive motor 52.
Therefore Zheng teaches the rear and front supports while not mechanically connected to each other are electronically connected via internal gear mechanisms to each other to move simultaneously with one another therefore meeting the applicant’s claimed invention.
In response to applicant's argument that, Zheng is nonanalogous art, it has been held that a prior art reference must either be in the field of the inventor’s endeavor or, if not, then be reasonably pertinent to the particular problem with which the inventor was concerned, in order to be relied upon as a basis for rejection of the claimed invention. See In re Oetiker, 977 F.2d 1443, 24 USPQ2d 1443 (Fed. Cir. 1992). In this case, Zheng is within the field of the inventor’s endeavor since Zheng discloses is a stand including front and rear supports that pivot into and out of their respective slots/recesses within an arcuate main body as is disclosed in the applicant’s invention.
In response to applicant’s arguments that,
Regarding independent claim 1, nowhere in the teachings of Zheng does it disclose or remotely suggest that the deployment of one of the legs of the aircraft stand "controls" or has any bearing on the deployment of the other legs. In fact, since it is an aircraft stand, such operation would be contrary to its intended purpose.
This is completely contrary to applicant's claimed invention where it states "an internal gear mechanism connecting the rear support to the two front supports such that movement of the rear support out of the recess causes the two front supports to rotate about their respective pivotal connections.
In view of this, not only does Zheng completely fail to anticipate applicant's claimed invention but also cannot be considered to render the same obvious.
Regarding claim 7, Zheng fails to disclose or suggest "at least one front
support pivotally connected to the main body and positioned on at least one side of the main body when in the closed position...". In fact, as noted above, the legs of Zheng are fully received into a recess, and therefore these teachings cannot anticipate nor render obvious this aspect of applicant's claimed invention.
MPEP § 2143.03(VI) states that "[a] prior art reference must be considered in its entirety, i.e., as a whole, including portions that would lead away from the claimed invention." Accordingly, where cited art teaches away from a claimed feature, the cited art is not available for the purposes of an obviousness rejection.
Zheng teaches,
In the description of the present invention, it should be noted that the terms "installation", "connected", and "connected" are to be understood broadly, and may be fixed or detachable, for example, unless otherwise explicitly defined and defined. Connected, or integrally connected; can be mechanical or electrical; can be directly connected or indirectly connected through an intermediate medium.
Zheng also teaches,
The aircraft tripod and the control method of the invention realize the automatic opening and closing of the aircraft tripod. On the one hand, because the automatic opening and closing can be automatically performed, the aircraft tripod can be stored and saved conveniently when not in use, and the existing aircraft is solved due to the foot. The frame is fixed and cannot be opened and closed. On the other hand, during the flight of the aircraft, the aircraft stand is automatically recovered in the air, and the recovered aircraft stand is not supported by the aircraft body and does not give the aircraft a low shot. Interference caused by work such as detection. In addition, the invention enables the aircraft tripod to be automatically opened, thereby combining the height feedback of the height detecting module of the present invention or the remote control of the remote controller, so that the aircraft tripod can be automatically deployed to the support position in time before the aircraft is landed, thereby The smooth support of the landing surface provides a reliable guarantee.
The tripod control module 51 is further configured to control the aircraft tripod locking motor 53 to drive the aircraft tripod lock after receiving the tripod recovery command and before controlling the aircraft tripod drive motor 53 to recover the aircraft tripod 2. Mechanism 54 unlocks the aircraft stand 2. The aircraft tripod locking motor 53 is further configured to drive the aircraft tripod locking mechanism 54 to unlock the aircraft tripod 2 under the control of the tripod control module 51.
Continuing to refer to FIG. 9, the aircraft stand control system further includes a first microswitch 55. The first micro switch 55 is mounted to the skeleton of the aircraft and electrically connected to the tripod control module 51, and when the aircraft tripod is deployed to a support position, the aircraft tripod touches the first The micro switch 55 causes the first micro switch 55 to send a first feedback signal to the tripod control module 51. After receiving the first feedback signal, the tripod control module 51 determines that the aircraft tripod is deployed to the support position, and then sends an deployment stop signal to the aircraft tripod drive motor 52.
The aircraft tripod control system also includes a second microswitch 56. The second micro switch 56 is mounted to the skeleton of the aircraft and electrically connected to the tripod control module 51, and when the aircraft tripod is recovered to the stowed position, the aircraft tripod touches the second The micro switch 56 causes the second micro switch 56 to send a second feedback signal to the tripod control module 51. After receiving the second feedback signal, the tripod control module 51 determines that the aircraft tripod is recovered to the stowage position, and then sends a recovery stop signal to the aircraft tripod drive motor 52.
Therefore Zheng teaches the rear and front supports while not mechanically connected to each other are electronically connected via internal gear mechanisms to each other to move simultaneously with one another therefore meeting the applicant’s claimed invention.
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 KIMBERLY T WOOD whose telephone number is (571)272-6826. The examiner can normally be reached M-Thur 9:00am-5:30pm flexible schedule.
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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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/KIMBERLY T WOOD/ Primary Examiner, Art Unit 3631