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 .
DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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 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.
Election/Restrictions
Applicant's election with traverse of restriction requirement in the reply filed on 3/9/26 is acknowledged. The traversal is on the ground(s) that MPEP § 803 and/or arguing the claims are considered in the same application. This is not found persuasive because
Group I: a support bracket with legs arrangement comprising different leg designs and angles, etc.
Group II: display back bracket with fastening hole, neck portion, and VESA, etc.
Group III: drawn to a heating and dissipation holes which can be airflow related.
Group IV: a storage.
The above structures are unrelated and belong to different field of subclass and/or search requirements.
Species A, B, C require a different field of search (e.g., searching different classes /subclasses or electronic resources, or employing different search strategies or search queries). Especially, Species A, B comprise mutually exclusive back bracket, net portion and legs design.
Examiner called Applicant’s attorney, David Bilodeau, and left voice messages a couple times. However, there is no response. Examiner invite Applicants to discuss with Examiner for any further questions.
The requirement is still deemed proper and is therefore made FINAL.
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 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 1-3, 11-13 are rejected under 35 U.S.C. 102(a)(1) and/or (a)(2) as being anticipated by Kim (KR 102103869, see also Applicant’s IDS).
With regard claim 1, Kim discloses A display stand (abstract, see also fig 1-10) comprising: a stand body extending in a horizontal direction (at least fig 1, fig 10, 11 ); a plurality of stand legs fastened to a leg bracket of the stand body and including first spirals located in upper portion (at least fig 5, fig 8, first spirals located in upper portion); a back bracket coupled to a rear surface of a display body (at least fig 1, Examiner consider one of 13 is the back bracket); and an L-shaped neck portion (at least fig 1, Examiner consider 12 and the other 12 is the L-shaped neck portion) including a first fixing portion coupled to the back bracket (at least fig 1, the portion coupled to the back bracket) and a second fixing portion coupled to the stand body (at least fig 1, the portion coupled to the stand body) , wherein the leg bracket includes second spirals engaged with the first spirals (at least fig 5, fig 8) and guide portions extending downward from the second spirals (at least fig 5, fig 8; the guide portions extending downward from the second spirals to receive the other spirals).
Regarding claim 11, Kim further disclosed A display device (abstract, see also fig 1-10) comprising: a display body including a display module outputting an image (abstract); a back bracket coupled to a rear surface of the display body (at least fig 1, Examiner consider one of 13 is the back bracket); a stand body extending in a horizontal direction (at least fig 1, fig 10, 11 ); a plurality of stand legs fastened to a leg bracket of the stand body (at least fig 5, fig 8, first spirals located in upper portion for the stand legs); and an L-shaped neck portion (at least fig 1, Examiner consider 12 and the other 12 is the L-shaped neck portion) including a first fixing portion coupled to the back bracket (at least fig 1, the portion coupled to the back bracket) and a second fixing portion coupled to the stand body (at least fig 1, the portion coupled to the stand body), wherein the leg bracket includes second spirals engaged with first spirals (at least fig 5, fig 8) located in upper portions of the plurality of stand legs and guide portions extending downward from the second spirals (at least fig 5, fig 8; the guide portions extending downward from the second spirals to receive the other spirals).
Regarding claims 2, 12, Kim further disclosed the plurality of stand legs include: a front leg extending obliquely from the stand body in a front direction (at least fig 1, fig 5, fig 8); and a rear leg extending obliquely from the stand body in a back direction (at least fig 1, fig 5, fig 8), and wherein the front leg is longer than the rear leg (at least fig 1, fig 5, fig 8; Examiner consider the number of turns when a user screw the leg can adjust the front leg is longer than the rear leg).
Regarding claims 3, 13, Kim further disclosed the leg bracket includes a first leg fastening portion to which the front leg is coupled (at least fig 5; front and rear legs on the front and rear sides) and a second leg fastening portion to which the rear leg is coupled (at least fig 5; front and rear legs on the front and rear sides with associated leg fastening portion), and wherein the first leg fastening portion is tilted at a greater angle with respect to a vertical direction than the second leg fastening portion (at least fig 5; front and rear legs on the front and rear sides and a user can tilt the first leg fastening portion at a greater angle with respect to a vertical direction).
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 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 of this title, 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 4 is rejected under 35 U.S.C. 103 as being unpatentable over Kim (KR 102103869, see also Applicant’s IDS) in view of further in view of Examiner’s Official Notice (EON).
Regarding claim 4, The primary art and/or the modified structure discussed in the preceding claim disclosed all the subject matter except for the rear leg includes a cable holder for fixing a cable.
However, Examiner take official notice (EON) that the above limitations (the rear leg includes a cable holder for fixing a cable) are well known.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention was made to include this feature (the rear leg includes a cable holder for fixing a cable) and modify to previous discussed structure (rear leg portin). The motivation to modify the previous discussed structure with EON feature is to better arrange/organize the cable for the modified structure.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JERRY WU whose telephone number is (571)270-5420. The examiner can normally be reached on PHP: M-Th: 8:30-12:30; 2:30-8:30pm.
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, Imani Hayman can be reached on 571.270.5528. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JERRY WU/ Primary Examiner, Art Unit 2841
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