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 .
Election/Restrictions
Applicant's election with traverse of Group III (figs. 37-41) in the reply filed on 3/3/26 is acknowledged. The traversal is on the ground(s) that the restriction is improper because previously pending claim 1 set forth in the application, is directed to a single species. This is not found persuasive because claim 1 was generic and reads on five disclosed patentably distinct species.
Although only one generic claim as initially presented, absent restriction, applicant could later add claims directed to any of the disclosed species, thereby creating a search and examination burden during prosecution. Restriction practice is intended to prevent such burden by requiring election of a single invention for examination.
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 (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) 1-6 and 11-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2016/0095236 to Zhou et al.
Regarding claim 1, Zhou ‘236 discloses a support device for holding an item, the support device comprising: a base assembly 11; a stand assembly 13 pivotally attached to the base by a hinge 15 (para 0015 – Fig. 1), and the stand assembly 13 including a first rotation assembly 333; an engagement assembly 51 that includes a second rotation assembly 335, and the second rotation assembly 335 engaged with the first rotation assembly 333 such that the engagement assembly 51 is rotatably attached to and supported on the stand assembly 13 (fig. 3); and platform assembly 59 that is slidably supported on the engagement assembly 51, and the platform assembly 59 including an attachment element 591 that is configured to attach to the item (para 0031 – fig. 3).
Regarding claim 2, Zhou ‘236 discloses, the platform assembly 59 is slidably and removably supported on the engagement assembly 51 (para 0012 & 0031).
Regarding claim 3, Zhou ‘236 discloses, the attachment element 591 including an upper attachment element 5911 and a lower attachment element 5913, the upper attachment element configured to engage with an upper portion of the item; and the lower attachment element configured to engage with a lower portion of the item (fig. 2).
Regarding claim 4, Zhou ‘236 discloses, the engagement assembly 51 including a raised portion 517; and the platform assembly 59 including a slide surface 593 that is surrounded by an edge (edge portions 5911 and 5913 – fig. 2), and the edge engaged with the raised portion 517.
Regarding claim 5, Zhou ‘236 discloses, the platform assembly 59 including structure 593 to slidably engage and be supported by the engagement assembly 51.
Regarding claim 6, Zhou ‘236 discloses, first rotation assembly 333 including a raised center platform 3331, and the second rotation assembly 335 including a mating attachment recess (recessed receiving portion between 335 and 515 – fig. 3) that is configured to engage with the raised center platform 3331 (fig. 4).
Regarding claim 11, Zhou ‘236 discloses, further including a desk 53 that extends out from the engagement assembly 51 (fig. 4).
Regarding claim 12, Zhou ‘236 discloses, the desk 53 including a note cavity. Annotated below.
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Regarding claim 13, Zhou ‘236 discloses, the hinge 15 including a hinge barrel 132 that is attached to the base assembly 13 and a pair of opposing hinge barrels 114 that are attached to the stand assembly (para 0017).
Regarding claim 14, Zhou ‘236 discloses, the platform assembly 59 slidably received into the engagement assembly 51 (figs 2-4 – para 0031).
Regarding claim 15, Zhou ‘236 discloses, the platform assembly 59 slidably received into shoulders 517 (sides defining locating groove 517 – para 0032, Fig. 3) of the engagement assembly 51.
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) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over U 2016/0095236 to Zhou et al. in view of US 8,020,829 to Tamayori.
Regarding claim 10, Zhou ‘236 discloses the attachment element 591, but does not disclose that the attachment element 591 includes hook-and- loop fasteners.
However, Tamayori ‘829 teaches using hook and loop fasteners 56b on an attachment element 69 for supporting an item (fig. 1 – col. 3, lines 11-20). It would have been obvious to one of ordinary skill in the art to modify the ends 5913 of the attachment element 591 taught in Zhou ‘236 with corresponding hook and loop fasteners 56b taught in Tamayori ‘829 so as to support the item being held.
Allowable Subject Matter
Claims 7-9 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and will be used in subsequent office actions, as applicable.
The list of supports is as follows: US-20140263939-A1 OR US-9999296-B1 OR US-20060290654-A1 OR US-20150041609-A1 OR US-20140263918-A1 OR US-20060290654-A1 OR US-7281877-B1 OR US-5413382-A OR US-5348347-A OR US-6796536-B1 OR US-8979041-B2 OR US-10039377-B2 OR US-6164976-A OR US-10125915-B1 OR US-9291299-B2 OR US-8789802-B2 OR US-5154391-A.
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
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