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 .
Status of the Application
Claims 1-3 and 5-20 are pending and have been examined in this application. As of the date of this application, no Information Disclosure Statement (IDS) has been filed on behalf of this case.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 03/17/2026 has been entered.
Response to Amendment
In the amendment dated 03/17/2026, the following has occurred: Claims 1, 13, and 20 have been amended; Claim 4 has been canceled; No claims have been added. The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Response to Arguments
Applicant’s arguments with respect to claims 1-3 and 5-20 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.
Applicant's arguments filed 03/17/2026 have been fully considered but they are not persuasive.
In response to applicant’s argument that: “Applicant submits that the pivot mechanism is described to be included "between the attachment plate 303 and the upper portion of the arm 302" in order to increase a range of movement of an attachment plate coupled to the arm of the device stand. The following paragraphs then go on to describe how a device coupled to the attachment plate at the device stand can utilize or ignore the presence of the pivot mechanism in order to position a device at a viewing angle desired by a user. In response to what is present within the Office Action, the pivot mechanism is an element of the upper portion of the device stand in the same manner as the second hinge. Both elements are s coupled to the upper portion of the arm of the device stand. Thus, Applicant submits that the pivot mechanism is defined within the specification, and the claim set, as a standalone element that influences a range of motion of an attachment plate of a device stand.” – Applicant has not provided any justification as to why the pivot mechanism can be claimed as an element of the upper portion of the arm while also being located between the upper portion of the arm and the attachment plate. Claim 1 states “the upper portion of the arm comprises a second hinge and a pivot mechanism” (emphasis added) and as such the pivot mechanism cannot be positioned between the upper portion of the arm and the plate because the pivot mechanism is the upper portion of the arm. The provided excerpt indicates that the pivot mechanism is separate from the upper portion of the arm, but as this is not what has been claimed, the indefiniteness rejection stands.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-3 and 5-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claims 1, 13, and 20 each recite “a strong hinge that maintains an angle between the arm and the base” and applicant has argued in their remarks filed 03/17/2026 that a “strong hinge” is “"[t]he first hinge 304 may be a strong hinge that does not require a locking mechanism for maintaining an angle for the adjustable stand." Specification at [0032]” (Remarks; Pg. 13), which indicates that the recitation of a “strong hinge” is intended to be read as a hinge that maintains an angle without having to be locked by a mechanism. Looking to the specification, various locking mechanisms are mentioned in [0032] but nowhere in the specification nor drawings is there any detail as to the elements of the recited “strong hinge” that make it capable of maintaining an angle. As such, this subject matter was not described in the specification to reasonably convey that the inventor or joint inventor had possession of the claimed invention and therefore fails to comply with the written description requirement.
Claims 2-3 and 5-20 are rejected as being dependent on, and failing to cure the deficiencies of, rejected claims 1, 13, and 20.
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 1-3, 5-12, and 20 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.
Claim 1 recites “the upper portion of the arm comprises a second hinge and a pivot mechanism” but then later recites “the pivot mechanism is present between the attachment plate and the upper portion of the arm” (emphasis added). – It is unclear how the pivot mechanism can be an element of the upper portion of the arm yet also be positioned between the upper portion and the attachment plate.
Claim 20 recites the limitation "the first hinge" in line(s) 5. There is insufficient antecedent basis for this limitation in the claim.
Claims 2-3 and 5-12 are rejected as being dependent on, and failing to cure the deficiencies of, rejected claim 1.
Claim Rejections - 35 USC § 102
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.
Claims 1, 3, 5-6, 8-9, 11-12, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Moore (US 9,933,109).
In regards to Claim 1, Moore discloses a device, comprising: a base (Moore: Fig. 2A; 102); an arm (Moore: Fig. 2A, 14B; 104, 106, 110A’, 110B’, 129) pivotally coupled to the base at a lower portion of the arm, wherein the arm comprises a first hinge (Moore: Fig. 2A, 14B; 104, 186A, 186B, 184, 188, 190) and wherein the base is configured to move about a first pivot point of the arm via the first hinge in a parallel rotation direction with respect to the lower portion of the arm, wherein the first hinge is a strong hinge that maintains an angle between the arm and the base (Moore: Col. 10, Ln. 1-15); and an attachment plate (Moore: Fig. 2A, 14B; 128) coupled directly to an upper portion of the arm, wherein the upper portion of the arm comprises a second hinge (Moore: Fig. 2A, 14B; 106, 186A, 186B, 184, 188, 190; Col. 6, Ln. 58-60) and a pivot mechanism (Moore: Fig. 14B; 129, 136, 141), wherein the attachment plate is configured to move about a second pivot point of the arm via the second hinge in a parallel rotation direction with respect to the upper portion of the arm, wherein the pivot mechanism is present between the attachment plate and the upper portion of the arm and wherein the attachment plate is configured to move about the pivot mechanism in a perpendicular rotation direction with respect to the upper portion of the arm, wherein the attachment plate coupled directly to the upper portion of the arm comprises a removable attachment mechanism and wherein the removeable attachment mechanism is one of: clips and receivers, at least one screw (Moore: Fig. 14B; 134), and a ball and socket.
In regards to Claim 3, Moore discloses the device of claim 1, wherein the base comprises at least one holding mechanism to attach the base to a surface (Moore: Col. 5, Ln. 29-39).
In regards to Claim 5, Moore discloses the device of claim 1, wherein the pivot mechanism (Moore: Fig. 14B; 129, 136, 141) allows full rotation about the pivot mechanism.
In regards to Claim 6, Moore discloses the device of claim 1, wherein the lower portion of the arm and the upper portion of the arm are parallel to each other and connected together via a middle portion (Moore: Fig. 1A; 107) of the arm.
In regards to Claim 8, Moore discloses the device of claim 1, wherein the attachment plate (Moore: Fig. 2A, 14B; 128) comprises at least one attachment mechanism for coupling to an information handling device (Moore: Col. 6, Ln. 45-55).
In regards to Claim 9, Moore discloses the device of claim 8, wherein the at least one attachment mechanism comprises at least one attachment mechanism selected from the group consisting of: a magnet, a suction device, a fastener, and an adhesive (Moore: Col. 6, Ln. 45-55).
In regards to Claim 11, Moore discloses the device of claim 1, wherein the first hinge comprises a locking mechanism (Moore: Fig. 14B; 184 190) that holds the first hinge in a set position.
In regards to Claim 12, Moore discloses the device of claim 1, wherein the second hinge comprises a locking mechanism (Moore: Fig. 14B; 184 190; Col. 6, Ln. 58-60) that holds the second hinge in a set position.
In regards to Claim 20, Moore discloses a system, comprising: a base (Moore: Fig. 2A; 102); an arm (Moore: Fig. 2A, 14B; 104, 106, 110A’, 110B’, 129) pivotally coupled to the base at a lower portion of the arm, wherein the base is configured to move about a pivot point of the arm in a parallel rotation direction with respect to the lower portion of the arm, wherein the first hinge (Moore: Fig. 2A, 14B; 104, 186A, 186B, 184, 188) is a strong hinge that maintains an angle between the arm and the base; an attachment plate (Moore: Fig. 2A, 14B; 128) coupled directly to an upper portion of the arm, wherein the attachment plate is configured to move about a second pivot point of the arm in a parallel rotation direction with respect to the upper portion of the arm, wherein the upper portion of the arm comprises a pivot mechanism (Moore: Fig. 14B; 129, 136, 141) at the second pivot point further permitting movement about the pivot mechanism in a perpendicular rotation direction with respect to the upper portion of the arm, wherein the attachment plate coupled directly to the upper portion of the arm comprises a removable attachment mechanism and wherein the removeable attachment mechanism is one of: clips and receivers, at least one screw (Moore: Fig. 14B; 134), and a ball and socket; and an information handling device coupled to the attachment plate (Moore: Col. 1, Ln. 36-49; Col. 6, Ln. 45-55).
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, 5-7, 11-12, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US 4,989,813) in view of Truong et al. (US 9,371,956).
In regards to Claim 1, Kim discloses a device, comprising: a base (Kim: Fig. 1; 1); an arm (Kim: Fig. 1; 3, 13) pivotally coupled to the base at a lower portion of the arm, wherein the arm comprises a first hinge (Kim: Fig. 1; N1) and wherein the base is configured to move about a first pivot point of the arm via the first hinge in a parallel rotation direction with respect to the lower portion of the arm; and an attachment plate (Kim: Fig. 1; 14; see note) coupled directly to an upper portion of the arm, wherein the upper portion of the arm comprises a second hinge (Kim: Fig. 1; N2) and a pivot mechanism (Kim: Fig. 1; 13, 18), wherein the attachment plate is configured to move about a second pivot point of the arm via the second hinge in a parallel rotation direction with respect to the upper portion of the arm, wherein the pivot mechanism is present between the attachment plate and the upper portion of the arm and wherein the attachment plate is configured to move about the pivot mechanism in a perpendicular rotation direction with respect to the upper portion of the arm, wherein the attachment plate coupled directly to the upper portion of the arm comprises a removable attachment mechanism and wherein the removeable attachment mechanism is one of: clips and receivers, at least one screw (Kim: Fig. 1; 16), and a ball and socket.
Kim fails to explicitly disclose a strong hinge that maintains an angle between the arm and the base. However, Truong teaches a strong hinge (Truong: Fig. 11; 1012) that maintains an angle.
Kim and Truong are analogous because they are from the same field of endeavor or a similar problem solving area e.g. adjustable device supports. 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 hinges in Kim with the torsional strength from Truong, with a reasonable expectation of success, in order to provide hinges with a bias calibrated to allow rotation of a device but also to hold the device in a particular user-defined angle once it has been adjusted, thereby making adjustment of the device easier and more stable (Truong: Col. 9, Ln. 19-28; Kim: Col. 3, Ln. 58-60). [Note: Kim refers to element 13 as a plate and as such element 14 is also a plate.]
In regards to Claim 5, Kim, as modified, teaches the device of claim 1, wherein the pivot mechanism (Kim: Fig. 1; 13, 18) allows full rotation about the pivot mechanism.
In regards to Claim 6, Kim, as modified, teaches the device of claim 1, wherein the lower portion (Kim: Fig. 1; N1) of the arm and the upper portion (Kim: Fig. 1; N2, 13) of the arm are parallel to each other and connected together via a middle portion (Kim: Annotated Fig. 1; M) of the arm.
In regards to Claim 7, Kim, as modified, teaches the device of claim 1, wherein the lower portion (Kim: Fig. 1; N1) of the arm is coupled to the base (Kim: Fig. 1; 1) at a rear surface of the base.
In regards to Claim 11, Kim, as modified, teaches the device of claim 1, wherein the first hinge (Kim: Fig. 1; N1) comprises a locking mechanism (Kim: Fig. 1; 6a, 7a, 8a, 9a, 10a) that holds the first hinge in a set position.
In regards to Claim 12, Kim, as modified, teaches the device of claim 1, wherein the second hinge (Kim: Fig. 1; N2) comprises a locking mechanism (Kim: Fig. 1; 6b, 7b, 8b, 9b, 10b) that holds the second hinge in a set position.
In regards to Claim 20, Kim discloses a system, comprising: a base (Kim: Fig. 1; 1); an arm (Kim: Fig. 1; 3, 13) pivotally coupled to the base at a lower portion of the arm, wherein the base is configured to move about a pivot point of the arm in a parallel rotation direction with respect to the lower portion of the arm, and a first hinge (Kim: Fig. 1; N1); an attachment plate (Kim: Fig. 1; 14) coupled directly to an upper portion of the arm, wherein the attachment plate is configured to move about a second pivot point of the arm in a parallel rotation direction with respect to the upper portion of the arm, wherein the upper portion of the arm comprises a pivot mechanism (Kim: Fig. 1; 13, 18) at the second pivot point further permitting movement about the pivot mechanism in a perpendicular rotation direction with respect to the upper portion of the arm, wherein the attachment plate coupled directly to the upper portion of the arm comprises a removable attachment mechanism and wherein the removeable attachment mechanism is one of: clips and receivers, at least one screw (Kim: Fig. 1; 16), and a ball and socket; and an information handling device (Kim: Fig. 2; M) coupled to the attachment plate.
Kim fails to explicitly disclose a strong hinge that maintains an angle between the arm and the base. However, Truong teaches a strong hinge (Truong: Fig. 11; 1012) that maintains an angle. [Note: See the rejection of claim 1 for motivation and/or rationale.]
Claims 2 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US 4,989,813) in view of Truong et al. (US 9,371,956) as applied to claim 1 above, and further in view of Emami (US 2014/0226281).
In regards to Claim 2, Kim, as modified, teaches the device of claim 1, but fails to explicitly disclose that the base comprises a weighted base. However, Emami teaches a base that comprises a weighted base (Emami: Fig. 1-5; 3).
Kim and Emami are analogous because they are from the same field of endeavor or a similar problem solving area e.g. adjustable device supports. 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 base in Kim to be weighted, as taught by Emami, with a reasonable expectation of success, in order to provide a base having a weight that ensures the support is secure when being adjusted and even when extended to a maximum position (Emami: [0010]).
In regards to Claim 10, Kim, as modified, teaches the device of claim 1, wherein the arm comprises a middle portion (Kim: Annotated Fig. 1; M).
Kim fails to disclose a middle portion comprises a telescoping device allowing for a change in length of the middle portion. However, Emami teaches an arm (Emami: Fig. 1-5; 5) comprising a middle portion, wherein the middle portion comprises a telescoping device allowing for a change in length of the middle portion (Emami: Fig. 1-4; shows length change).
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 arm in Kim to be telescopic, as taught by Emami, with a reasonable expectation of success, in order to provide an arm that can be adjusted to and secured in a variable length (Emami: [0037]), thereby further increasing the adjustability of the support.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US 4,989,813) in view of Truong et al. (US 9,371,956) as applied to claim 1 above, and further in view of Hayashi (JP 3242611).
In regards to Claim 3, Kim, as modified, teaches the device of claim 1, but fails to disclose that the base comprises at least one holding mechanism to attach the base to a surface.
However, Hayashi teaches a base that comprises at least one holding mechanism (Hayashi: Fig. 3; 2012) to attach the base to a surface.
Kim and Hayashi are analogous because they are from the same field of endeavor or a similar problem solving area e.g. adjustable device supports. 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 base in Kim with the holding mechanism from Hayashi, with a reasonable expectation of success, in order to provide a means to prevent the base from slipping on a surface, thereby increasing the stability of the support (Hayashi: [0091]).
Claims 8-9 13, and 16-18 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US 4,989,813) in view of Truong et al. (US 9,371,956) as applied to claim 1 above, and further in view of Westbrook (US 4,516,751).
In regards to Claim 8, Kim, as modified, teaches the device of claim 1, but fails to explicitly disclose the attachment plate comprises at least one attachment mechanism for coupling to an information handling device.
However, teaches an attachment plate comprises at least one attachment mechanism (Westbrook: Fig. 3, 5-6; 64, 72, 76) for coupling to an information handling device.
Kim and Westbrook are analogous because they are from the same field of endeavor or a similar problem solving area e.g. adjustable device supports. 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 attachment plate in Kim with the attachment mechanism from Westbrook, with a reasonable expectation of success, in order to provide an attachment means on the plate that can be received by an element mounted to the device and secured, enabling the support to be quickly attached and detached from the device and making use of the device quicker and more convenient (Westbrook: Col. 2, Ln. 21-28; Col. 3, Ln. 51-65).
In regards to Claim 9, Kim, as modified, teaches the device of claim 8, wherein the at least one attachment mechanism (Westbrook: Fig. 3, 5-6; 64, 72, 76) comprises at least one attachment mechanism selected from the group consisting of: a magnet, a suction device, a fastener, and an adhesive.
In regards to Claim 13, Kim discloses a device, comprising: a base (Kim: Fig. 1; 1); an arm (Kim: Fig. 1; 3, 13) pivotally coupled to a back surface of the base at lower portion of the arm, wherein the arm comprises a first hinge (Kim: Fig. 1; N1) and wherein the base is configured to move about a first pivot point of the arm via the first hinge in a parallel rotation direction with respect to the lower portion of the arm; and an attachment plate (Kim: Fig. 1; 14) coupled directly to an upper portion of the arm via a pivot mechanism (Kim: Fig. 1; 13, 18), wherein the pivot mechanism is present between the attachment plate and the upper portion of the arm, wherein the attachment plate is configured to move about the pivot mechanism in a perpendicular rotation direction with respect to the upper portion of the arm, wherein the upper portion of the arm comprises a second hinge, wherein the attachment plate is configured to move about a second pivot point of the arm via the second hinge in a parallel rotation direction with respect to the upper portion of the arm, wherein the attachment plate coupled directly to the upper portion of the arm comprises a removable attachment mechanism and wherein the removeable attachment mechanism is one of: clips and receivers, at least one screw (Kim: Fig. 1; 16), and a ball and socket.
Kim fails to explicitly disclose a strong hinge that maintains an angle between the arm and the base. However, Truong teaches a strong hinge (Truong: Fig. 11; 1012) that maintains an angle. [Note: See the rejection of claim 1 for motivation and/or rationale.]
Additionally, Kim fails to disclose wherein the attachment plate comprises at least one attachment mechanism for coupling an information handling device to the attachment plate. However, Westbrook teaches an attachment plate that comprises at least one attachment mechanism (Westbrook: Fig. 3, 5-6; 64, 72, 76) for coupling an information handling device to the attachment plate. [Note: See the rejection of claim 8 for motivation and/or rationale.]
Claim 16 is rejected, as set forth in the rejection of claim 6.
Claim 17 is rejected, as set forth in the rejection of claim 5.
In regards to Claim 18, Kim, as modified, teaches the device of claim 13, wherein at least one of the first hinge and the second hinge comprises a locking mechanism (Kim: Fig. 1; 6a, 7a, 8a, 9a, 10a) that holds the at least one of the first hinge and the second hinge in a set position.
Claims 14 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US 4,989,813) in view of Truong et al. (US 9,371,956) and Westbrook (US 4,516,751) as applied to claim 13 above, and further in view of Emami (US 2014/0226281).
Claim 14 is rejected, as set forth in the rejection of claim 2.
Claim 19 is rejected, as set forth in the rejection of claim 10.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US 4,989,813) in view of Truong et al. (US 9,371,956) and Westbrook (US 4,516,751) as applied to claim 13 above, and further in view of Hayashi (JP 3242611).
Claim 15 is rejected, as set forth in the rejection of claim 3.
Annotated Figures
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I: Kim; Fig. 1
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 for cited references.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Taylor Morris whose telephone number is (571)272-6367. The examiner can normally be reached M-F: 10AM-6PM PST / 1PM-9PM EST.
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/Taylor Morris/Primary Examiner, Art Unit 3631