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 telescopic stand member, pointed end for ground insertion must be shown 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 Objections
Claim 14 is objected to because of the phrase “can rotate” which is not a positive limitation but only requires the ability to so perform. It does not constitute a limitation in any patentable sense. Thus the claim scope is unclear. Appropriate correction is required.
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) 1-14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 9,826,880 to Faraone.
Regarding claim 1, Faraone ‘880 discloses a tool support device comprising: a fastener 50; a hinge 34 attached to the fastener 50; and a stand member 24 attached to the hinge.
Regarding claim 2, Faraone ‘880 discloses, wherein the stand member is comprised of a pointed end 74 (col. 5, lines 34-36 – alternate embodiments – “… includes a rough surface, spikes, bumps, or grooves to provide for frictional engagement with the ground”).
Regarding claim 3, Faraone ‘880 discloses, wherein the stand member 24 is comprised of a flat end 74 (shown as flat in fig. 1).
Regarding claim 4, Faraone ‘880 discloses, wherein the fastener 50 is comprised of a magnet, a clip, a clamp (col. 5, lines 53-56 – “…the collar 50 is snap fit to the long-handled tool 22.”), a bolt, a screw, a hinge, a hook and loop fastener, a groove, or an adhesive.
Regarding claim 5, Faraone ‘880 discloses, wherein the stand member 24 is telescopic (col. 3, lines 50-58).
Regarding claim 6, Faraone ‘880 discloses, wherein the stand member is comprised of a locking mechanism (col. 5, lines 58-63 – “… a locking mechanism (not shown) may be connected between, for example, the collar housing 32 and the securement mechanism 34 to lock the rod 24 in position in the inoperative state”).
Regarding claim 7, Faraone ‘880 discloses a tool support device comprising: a fastener 50; a hinge 34 attached to the fastener 50, the hinge comprised of a first locking mechanism (col. 5, lines 58-63 – “… a locking mechanism (not shown) may be connected between, for example, the collar housing 32 and the securement mechanism 34 to lock the rod 24 in position in the inoperative state”); and a stand member 24 attached to the hinge 34.
Regarding claim 8, Faraone ‘880 discloses, wherein the stand member 24 is comprised of a pointed end (col. 5, lines 34-36 – alternate embodiments – “… includes a rough surface, spikes, bumps, or grooves to provide for frictional engagement with the ground”).
Regarding claim 9, Faraone ‘880 discloses, wherein the stand member is comprised of a flat end (shown as flat in fig. 1).
Regarding claim 10, Faraone ‘880 discloses, wherein the fastener 50 is comprised of a magnet, a clip, a clamp (col. 5, lines 53-56 – “…the collar 50 is snap fit to the long-handled tool 22.”), a bolt, a screw, a hinge, a hook and loop fastener, a groove, or an adhesive.
Regarding claim 11, Faraone ‘880 discloses, wherein the stand member 24 is telescopic (col. 3, lines 50-58).
Regarding claim 12, Faraone ‘880 discloses, wherein the stand member 24 is comprised of a second locking mechanism (col. 5, lines 62-63 – “… any other locking mechanism that locks the rod 24 in the inoperative position may be utilized).
Regarding claim 13, Faraone ‘880 discloses, wherein the first locking mechanism locks the position of the hinge 34 (col. 5, lines 58-63 – “… a locking mechanism (not shown) may be connected between, for example, the collar housing 32 and the securement mechanism 34 …”).
Regarding claim 14, Faraone ‘880 discloses, wherein the hinge 34 can rotate between 0 and 180 degrees (note angle of device via hinge 34 between figs 1 and 2 – showing angle of rotation).
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) 15-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 9,826,880 to Faraone.
Concerning method claims 15-20 in view of the structure disclosed by Faraone ‘880, the method of operating the device would have been obvious, since it is the normal and logical manner in which the device could be used.
Regarding claim 15, Faraone ‘880 discloses a method of using a tool support device, the method comprising: providing a tool support device comprised of a fastener 50, a hinge 34, and a stand member 24; attaching the fastener 50 to a tool 22; rotating the stand member 24 away from the tool 22 via the hinge 34; and resting the stand member 24 on [or placing the tool stand member into] a ground surface.
Regarding claim 16, Faraone ‘880 discloses, wherein the stand member 24 is comprised of a pointed end 74 (col. 5, lines 34-36 – alternate embodiments – “… includes a rough surface, spikes, bumps, or grooves to provide for frictional engagement with the ground”).
Regarding claim 17, Faraone ‘880 discloses, wherein the stand member 24 is comprised of a flat end 74 (as shown in fig. 1).
Regarding claim 18, Faraone ‘880 discloses, wherein the fastener 50 is comprised of a magnet, a clip, a clamp (col. 5, lines 53-56 – “…the collar 50 is snap fit to the long-handled tool 22.”), a bolt, a screw, a hinge, a hook and loop fastener, a groove, or an adhesive.
Regarding claim 19, Faraone ‘880 discloses, wherein the stand member is telescopic (col. 3, lines 50-58).
Regarding claim 20, Faraone ‘880 discloses, wherein the stand member 24 is comprised of a second locking mechanism (col. 5, lines 58-64 – “… a locking mechanism (not shown) may be connected between, for example, the collar housing 32 and the securement mechanism 34 … any other locking mechanism that locks the rod 24 in the inoperative position may be utilized).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure to be used in subsequent office action rejections, as applicable.
The list of supports is as follows: GB-2218028-A OR US-20170089510-A1 OR US-20080093318-A1 OR US-20080083681-A1 OR US-20120137548-A1 OR US-20080135696-A1 OR US-5868374-A OR US-4722512-A OR US-4461458-A OR US-5878563-A OR US-5413329-A OR US-7487948-B2 OR US-7771287-B2 OR US-11118726-B2 OR US-10137564-B2 OR US-D751872-S OR US-5161772-A OR US-9302386-B1 OR US-8714497-B2 OR US-5502857-A OR US-10288216-B1 OR US-5566915-A OR US-5297771-A OR US-11906104-B2 OR US-5482247-A OR US-2269119-A OR US-1752400-A OR US-20080060338-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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MONICA E MILLNER/Primary Examiner, Art Unit 3632