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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “virtual pivot” and the “element to be adjusted” (or display) must be shown/referenced or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
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 1-20 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, “… an angle adjusting structure for a display, comprising: at least one first support; at least one second support connected to an element to be adjusted…”. It appears that the display and the “element to be adjusted” are the same device, although the language does not make that clear. Therefore, the scope of the claim is unclear.
Claim 1 recites, “… is configured to enable each of the at least one second support to rotate relative to a corresponding first support in the at least one first support…”. As written, this limitation is unclear (maybe a typo?).
Claim 1 recites, “… a position of a virtual pivot shaft of the each of the at least one second support is not fixed.” It is unclear if/how the “virtual pivot shaft”, is one of or cooperates with, the components disclosed as part of the “at least one up-down tilt adjusting structure”. The scope of the claim is unclear.
Claim 2 recites the limitation "the pivot shaft" in lines 1-2 . There is insufficient antecedent basis for this limitation in the claim.
Claim 2 recites, “ … the pivot shaft passes through a gravity center of the element to be adjusted…”. It is unclear how to ascertain the gravity center of the “element to be adjusted” because it is unclear if the element is the display (see above rejection). Furter, it is unclear how to ascertain the gravity center, in this instance, of the element or display that is not shown in the drawings or properly explained relative to the support structure in the specification. Thus, the scope of the claim is unclear and rejected as best understood.
Claim 5 recites, “…wherein the centers of circles where the two arc-shaped sliding grooves are located are both located on a side …” which, as written, is unclear. Thus the scope of the claim is unclear (maybe a typo?)
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.
Claim(s) 1-3, 5-7, 10, 12, 13, 17, 18 and 20 is/are rejected, as best understood, under 35 U.S.C. 102(a)(1) as being anticipated by US 7,152,836 to Pfister et al.
Regarding claim 1, Pfister ‘836 discloses an angle adjusting structure for a display, comprising: at least one first support 312; at least one second support 310 connected to an element 310 to be adjusted; and at least one up-down tilt adjusting structure 320/350/352 which is arranged on the at least one first support 312 and the at least one second support 310 (figs 13ab-15 – col. 5, lines 18-30) and is configured to enable each of the at least one second support 310 to rotate relative to a corresponding first support 312 in the at least one first support 312, wherein a position of a virtual pivot shaft (fig. 13ab, col. 5, line 52) of the each of the at least one second support 310 is not fixed.
Regarding claim 2, Pfister ‘836 discloses, wherein the pivot shaft (fig. 13a, col. 5, line 52) passes through a gravity center of the element 310 to be adjusted (col. 5, lines 50-58 - fig. 13a).
Regarding claim 3, Pfister ‘836 discloses, wherein two up-down tilt adjusting structures are provided (figs 13ab – see left and right sides of the adjustment device), each of the two up-down tilt adjusting structures 320/350/352 comprises an arc-shaped sliding groove 320, a mounting hole 350 and a first adjusting elements 352, the first adjusting element 352 is inserted in the arc-shaped sliding groove 320 and the mounting hole 350, the first adjusting element 352 is in sliding fit with the arc-shaped sliding groove 320, and centers of circles where the two arc-shaped sliding grooves 320 of the two up-down tilt adjusting structures are located do not coincide (figs 13ab- col. 5, lines 50-52).
Regarding claim 5, Pfister ‘836 discloses, wherein the centers of circles where the two arc-shaped sliding grooves 332 (fig. 15) are located are both located on a side of the at least one first support 312 or the at least one second support away from the pivot shaft (fig. 15 – see center of the top slot 332 and the lower slot 332 on first support 312).
Regarding claim 6, Pfister ‘836 discloses, wherein the centers of circles where the two arc-shaped sliding grooves 332 are located are both located on a side of the at least one first support 312 or the at least one second support close to the pivot shaft (fig. 15 – see center of the top slot 332 and the lower slot 332 on first support 312).
Regarding claim 7, Pfister ‘836 discloses, wherein the first adjusting element 352 comprises a first abutting block 356 and a first sliding element 360 connected to the first abutting block (fig. 15), the first sliding element 360 is inserted in the arc-shaped sliding groove 320 and the mounting hole 350, and the first abutting block 356 abuts against a surface of a corresponding second support 310 of the at least one second support 310 (fig. 15 – col. 7, lines 7-9).
Regarding claim 10, Pfister ‘836 discloses, wherein the angle adjusting structure for the display further comprises a supporting frame 316 (fig. 13b), and the at least one first support 312 is connected to the supporting frame 316; and the angle adjusting structure for the display comprises two first supports 312 (fig. 13ab – one support 312 on the left side and one support 312 on the right side), and the two first supports 312 are slidably connected to the supporting frame 316 (fig. 13ab – col. 6, lines 48-50 – “… slid or repositioned laterally along the rails 338 and 340 once the hook(s) 334 are placed on the rail 338.”)
Regarding claim 12, Pfister ‘836 discloses, wherein the first adjusting element comprises a first abutting block 356 and a first sliding element 360 connected to the first abutting block, the first sliding element 360 is inserted in the arc-shaped sliding groove 320 and the mounting hole 350, and the first abutting block 356 abuts against a surface of a corresponding second support 310 of the at least one second support 310 (fig. 15 – col. 7, lines 7-9).
Regarding claim 13, Pfister ‘836 discloses, wherein the first adjusting element comprises a first abutting block 356 and a first sliding element 360 connected to the first abutting block, the first sliding element 360 is inserted in the arc-shaped sliding groove 320 and the mounting hole 350, and the first abutting block 356 abuts against a surface of a corresponding second support 310 of the at least one second support 310 (fig. 15 – col. 7, lines 7-9).
Regarding claim 17, Pfister ‘836 discloses, wherein the angle adjusting structure for the display further comprises a supporting frame 316 (fig. 13b), and the at least one first support 312 is connected to the supporting frame 316; and the angle adjusting structure for the display comprises two first supports (fig. 13ab - one support 312 on the left side and one support 312 on the right side), and the two first supports 312/312 are slidably connected to the supporting frame 316 (fig. 13ab – col. 6, lines 48-50 – “… slid or repositioned laterally along the rails 338 and 340 once the hook(s) 334 are placed on the rail 338.”).
Regarding claim 18, Pfister ‘836 discloses, wherein the angle adjusting structure for the display further comprises a supporting frame 316 (fig. 13b), and the at least one first support 312 is connected to the supporting frame 316; and the angle adjusting structure for the display comprises two first supports 312/312 (fig. 13ab - one support 312 on the left side and one support 312 on the right side), and the two first supports are slidably connected to the supporting frame 316 (figs 13ab - col. 6, lines 48-50 – “… slid or repositioned laterally along the rails 338 and 340 once the hook(s) 334 are placed on the rail 338.”).
Regarding claim 20, Pfister ‘836 discloses, wherein the angle adjusting structure for the display further comprises a supporting frame 316 (fig. 13b), and the at least one first support 312 is connected to the supporting frame 316; and the angle adjusting structure for the display comprises two first supports 312/312 (fig. 13ab - one support 312 on the left side and one support 312 on the right side), and the two first supports are slidably connected to the supporting frame 316 (figs 13ab - col. 6, lines 48-50 – “… slid or repositioned laterally along the rails 338 and 340 once the hook(s) 334 are placed on the rail 338.”).
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.
Claim(s) 8-9 and 15-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 7,152,836 to Pfister et al. in view of US 2006/0065800 to Bremmon.
Regarding claims 8, 15 and 16 Pfister ‘836 discloses multiple angle adjusting structures for the display including the at least one second support 310 and a corresponding first support 312 of the at least one first support 312; a corresponding arc-shaped sliding groove 320 of the two arc-shaped sliding grooves 320/320 (figs 13ab – each second support 310 includes sliding groove 320 – see left side and right side); and two first adjusting elements 352 of the two up-down tilt adjusting structures (figs 13ab and 15). Claims 8, 15 and 16 are identical and thus rejected together.
Further, Bremmon ‘800 teaches second adjusting elements, the second adjusting elements 132/134 are arranged relative to the rotation of each of the first and second supports 82/84 (figs. 2 and 8 – para 0047) and the second adjusting elements 132/134 are provided with assembly holes for two first adjusting elements 126.
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 first adjusting elements between the first and second supports of Pfister ‘836 with the rotational control component (such as components 132/134), as taught in Bremmon ‘800 in order to regulate angular movement and/or to improve positional stability during adjustment.
Noting that such rotational control at a pivot is a well-known and commonly used in adjustable mounting systems.
Regarding claim 9, Pfister ‘836, as modified, discloses, wherein each of the second adjusting elements 132/134 comprises a second abutting block 134 and a second sliding element 132 connected to the second abutting block 134 (as modified by Bremmon ‘800), the second sliding element 132 (of Bremmon ‘800) is in sliding fit with the arc-shaped sliding groove 320, and the second abutting block 132 (as modified by Bremmon ‘800) is clamped between the each of the at least one second support 310 and the corresponding first support 312, as so modified.
Claim Rejections - 35 USC § 102
Claim(s) 1, 3-4, 11 and 19 is/are rejected, as best understood, under 35 U.S.C. 102(a)(1) as being anticipated by US 2008/0315049 to Bailo et al.
Regarding claim 1, Bailo ‘049 discloses an angle adjusting structure for a display, comprising: at least one first support 2; at least one second support 3 connected to an element to be adjusted (fig. 10 – para 0070 & para 0077); and at least one up-down tilt adjusting structure 4/6/9 (para 0088 – fig. 10) which is arranged on the at least one first support 2 and the at least one second support 3 and is configured to enable each of the at least one second support 3 to rotate relative to a corresponding first support 2 in the at least one first support, wherein a position of a virtual pivot shaft of the each of the at least one second support 3 is not fixed (as best understood).
Regarding claim 3, Bailo ‘049 discloses, wherein two up-down tilt adjusting structures 4/6/9 are provided, each of the two up-down tilt adjusting structures 4/6/9 comprises an arc-shaped sliding groove 4, a mounting hole 9 and a first adjusting elements 6, the first adjusting element 6 is inserted in the arc-shaped sliding groove 4 and the mounting hole 9, the first adjusting element 6 is in sliding fit with the arc-shaped sliding groove 4, and centers of circles where the two arc-shaped sliding grooves 4 of the two up-down tilt adjusting structures are located do not coincide (figs 10, 34-43 and para 0088).
Regarding claim 4, Bailo ‘049 discloses, wherein one of the at least one first support and the at least one second support 3 is provided with the two arc-shaped sliding grooves 4 (fig. 10 – see upper and lower grooves), and the other one of the at least one first support 2 and the at least one second support is provided with two mounting holes 9 (see upper and lower holes – fig. 10) of the two up-down tilt adjusting structures arranged at an interval (figs 10, 36, 37 and 43).
Regarding claim 11, Bailo ‘049 discloses, wherein the first adjusting element 6 comprises a first abutting block 8a and a first sliding element 8b connected to the first abutting block, the first sliding element 8b is inserted in the arc-shaped sliding groove 4 and the mounting hole 9, and the first abutting block 8a abuts against a surface of a corresponding second support 3 of the at least one second support 3 (figs 1, 2 & 10 – para 0088).
Regarding claim 19, Bailo ‘049 discloses, wherein the angle adjusting structure for the display further comprises a supporting frame 204, and the at least one first support 2 is connected to the supporting frame 204; and the angle adjusting structure for the display comprises two first supports 2, and the two first supports are slidably connected to the supporting frame 204 (figs 34- para 0071, 0097-0098, para 0115).
Claim Rejections - 35 USC § 103
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2008/0315049 to Bailo et al. in view of US 2006/0065800 to Bremmon.
Regarding claims 14, Bailo ‘049 discloses multiple angle adjusting structures for the display including the at least one second support 3 and a corresponding first support 2 of the at least one first support 2; a corresponding arc-shaped sliding groove 320 of the two arc-shaped sliding grooves 320/320 (figs 13ab); and two first adjusting elements 352 of the two up-down tilt adjusting structures (figs 13ab).
Bremmon ‘800 teaches a second adjusting elements , the second adjusting elements 132/132 are arranged relative to each first and second supports 82/84 (figs. 2 and 8) and the second adjusting elements 132/132 is provided with assembly holes for two first adjusting elements 126.
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 first adjusting elements between the first and second supports of Bailo ‘049 to include the rotational control component (such as component 132) taught in Bremmon ‘800 in order to regulate angular movement and/or improve positional stability during adjustment.
Noting that such rotational control at a pivot is a well-known and commonly used in adjustable mounting systems.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and could be used in subsequent office action rejections, as applicable. The list of supports is as follows: US-7395996-B2 OR US-7641163-B2 OR US-7178775-B2 OR US-8456808-B2 OR US-20170127833-A1 OR US-20110174939-A1 OR US-20100012799-A1 OR US-20070176067-A1.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MONICA E MILLNER whose telephone number is (571)270-7507. The examiner can normally be reached M-F 8am-4:00pm.
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, 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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/MONICA E MILLNER/Primary Examiner, Art Unit 3632