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 .
Amendment filed 3/2/2026 has been entered. Claims 18-25 remain pending in the present application.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 18-20 and 24-25 are rejected under 35 U.S.C. 103 as being unpatentable over Fullenkamp US 3854428 (hereinafter Fullenkamp) in view of Galante US 2010/0303603 (hereinafter Galante).
Re. Cl. 18, Fullenkamp discloses: A portable scale stand assembly (Fig. 1) comprising: a base (10, Fig. 1) defining a base footprint (see Fig. 1); an articulating arm assembly (20, Fig. 1) comprising: a lower component (22, Fig. 1) having a lower end coupled to the base (see Fig. 1) and an upper end opposite the lower end (see Fig. 1); an upper component (30, Fig. 1) having a lower end and an upper end (see Fig. 1), the upper component being slidably coupled to the lower component wherein the upper component can slidably move between a lowered position wherein the upper end of the upper component is proximate the upper end of the lower component, and a raised position wherein the lower end of the upper component is proximate the upper end of the lower component (see Fig. 1-2, adjusting using 70); a locking member (70, Fig. 1-2) adapted to releasably lock the upper component relative to the lower component between the lowered position and the raised position (see Fig. 2, and 8-9); and a biasing member (52, Fig. 3) coupled at a first end to the upper component and at a second end to the lower component (at 57 and 54 respectively, Fig. 2 and 8-9); the biasing member being a constant force spring (see 56, Fig. 2); and a scale platform (110, Fig. 1) coupled to the upper end of the upper component (see Fig. 1), and defining a scale footprint (see Fig. 1), the scale footprint overlying at least a portion of the base footprint (see Fig. 1).
Re. Cl. 19, Fullenkamp discloses: the base further includes a plurality of wheels extending therefrom (see 16, Fig. 1), the wheel adapted to facilitate moving of the portable scale stand along a surface (see Fig. 1).
Re. Cl. 20, Fullenkamp discloses: the lower component is coupled to a rear edge of the base (see Fig. 1, left edge of 10), and, the scale platform is coupled to the upper component at a rear edge of the scale platform (see Fig. 1, left edge of 110).
Re. Cl. 24, Fullenkamp discloses: the biasing member extends between a back surface of the upper component and the front surface of the lower component (see Fig. 3).
Re. Cl. 25, Fullenkamp discloses: an articulation handle (36, Fig. 1) is positioned proximate the lower end of the upper component (see Fig. 1, the handle 36 is located proximate or close to the lower end of 30; closer to lower end of 30 than it is to right 12 as shown in Fig. 1).
Re. Cl. 18, Fullenkamp does not disclose the scale platform having an opening extending therethrough. Galante discloses an adjustable height platform (Fig. 1a) which includes a scale platform (120, Fig. 1a) having an upper surface, a lower surface and an opening extending therethrough (see 126, Fig. 1a).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the Fullenkamp scale platform to have the opening as disclosed by Galante with reasonable expectation of success since Galante states that such a modification provides hand holds for the device (Paragraph 0024, Lines 10-13). Such a modification would make manipulation of the device easier by providing a grip/hand hold which would be accessible to someone laying in down in a bed for instance.
Claims 21-23 are rejected under 35 U.S.C. 103 as being unpatentable over Fullenkamp in view of Galante as applied to claims 18-20 and 24-25 above, and further in view of Baratta US 2010/0290848 (hereinafter Baratta).
Re. Cls. 21-23, the combination of Fullenkamp in view of Galante does not disclose a lower brace beam extending from the base to the upper end of the lower component of the articulating arm assembly, with the lower brace beam being oblique to the lower component (Cl. 21), at least one cross brace between the lower brace beam and the lower component, between the lower end and the upper end thereof (Cl. 22) or a handle member positioned between the upper and lower end thereof (Cl. 23). Baratta discloses a stand (Fig. 1) which includes a lower component (4) secured to a base (2). Re. Cls. 21-23, Baratta discloses a lower brace beam (7, Fig. 1) extending from the base to the upper end of the lower component (see Fig. 1), with the lower brace beam being oblique to the lower component (see Fig. 1), at least one cross brace between the lower brace beam and the lower component (40, Fig. 7), between the lower end and the upper end thereof (see Fig. 7); a handle member (30, Fig. 7) positioned between the upper and lower end thereof (see Fig. 7).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the Fullenkamp lower component to include the lower brace and handle of Baratta with reasonable expectation of success since Baratta states that such a modification provides back support and helps with transportation of the stand (Paragraph 0025, Lines 11-15). Such a modification would provide a more rigid device that is able to be easily transported to different room/environments.
Response to Arguments
Applicant's arguments filed 3/2/2026 have been fully considered but they are not persuasive.
Applicant's arguments fail to comply with 37 CFR 1.111(b) because they amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references. Applicant merely states that the newly submitted claims define over the prior art of record without specifically stating what limitations are not taught by the prior art. As discussed above, it is the Examiner’s position that the cited prior art renders obvious Applicant’s claim limitations. Applicant’s argument has been considered but is not persuasive.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Pearson US 1563521, Grube US 1875235, Hem US 1619122, and Nelson US 1217334 disclose other known scale stands presented to the Applicant for their consideration.
THIS ACTION IS MADE FINAL. 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 CHRISTOPHER E GARFT whose telephone number is (571)270-1171. The examiner can normally be reached Monday-Friday 8:00 a.m. to 5:00 p.m..
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Terrell McKinnon can be reached at (571)272-4797. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER GARFT/Primary Examiner, Art Unit 3632